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2 U.S.C. § 5540 — Disposal of used or surplus furniture and equipment by Chief Administrative Officer of House; procedure; deposit of receipts

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 5540 — Disposal of used or surplus furniture and equipment by Chief Administrative Officer of House; procedure; deposit of receipts

(1) The Chief Administrative Officer of the House of Representatives may dispose of used equipment of the House of Representatives, by trade-in or sale, directly or through the General Services Administration. Any direct disposal under the preceding sentence shall be in accordance with normal business practice and shall be at fair market value. Receipts from disposals under the first sentence of this section (together with receipts from sale of transcripts, waste paper and other items provided by law, and receipts for missing or damaged equipment) shall be deposited in the Treasury for credit to the appropriate account of the House of Representatives, and shall be available for expenditure in accordance with applicable law. For purposes of the previous sentence, in the case of receipts from the sale or disposal of any audio or video transcripts prepared by the House Recording Studio, the “appropriate account of the House of Representatives” shall be the account of the Chief Administrative Officer of the House of Representatives. (2) If disposal in accordance with paragraph (1) is not feasible because of age, location, condition, or any other relevant factor, the Chief Administrative Officer may donate the equipment to the government of a State, to a local government, or to an organization that is described in [section 501(c)(3) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c/3&num=0&edition=prelim) and exempt from tax under [section 501(a) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/a&num=0&edition=prelim). Except as provided in paragraph (3), a donation under this paragraph— (A) shall be at no cost to the Government; and (B) may be made only if the used equipment has

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Source file: Laws/federal/codes/united-states-code/title-2/section-5540-disposal-of-used-or-surplus-furniture-and-equipment-by-chief-administrat--9d0ca00e5d.md
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Source location: Title 2, Chapter 55, § 5540; chapter-055-house-of-representatives-officers-and-administration.md

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(1) The Chief Administrative Officer of the House of Representatives may dispose of used equipment of the House of Representatives, by trade-in or sale, directly or through the General Services Administration. Any direct disposal under the preceding sentence shall be in accordance with normal business practice and shall be at fair market value. Receipts from disposals under the first sentence of this section (together with receipts from sale of transcripts, waste paper and other items provided by law, and receipts for missing or damaged equipment) shall be deposited in the Treasury for credit to the appropriate account of the House of Representatives, and shall be available for expenditure in accordance with applicable law. For purposes of the previous sentence, in the case of receipts from the sale or disposal of any audio or video transcripts prepared by the House Recording Studio, the “appropriate account of the House of Representatives” shall be the account of the Chief Administrative Officer of the House of Representatives. (2) If disposal in accordance with paragraph (1) is not feasible because of age, location, condition, or any other relevant factor, the Chief Administrative Officer may donate the equipment to the government of a State, to a local government, or to an organization that is described in [section 501(c)(3) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c/3&num=0&edition=prelim) and exempt from tax under [section 501(a) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/a&num=0&edition=prelim). Except as provided in paragraph (3), a donation under this paragraph— (A) shall be at no cost to the Government; and (B) may be made only if the used equipment has no recoverable value because disposal in accordance with paragraph (1), under the most favorable terms available to the Government, would result in a loss to the Government. (3) (A) In the case of computer-related equipment, during fiscal year 1998 the Chief Administrative Officer may donate directly the equipment to a public elementary or secondary school of the District of Columbia without regard to whether the donation meets the requirements of the second sentence of paragraph (2), except that the total number of workstations donated as a result of this paragraph may not exceed 1,000. (B) In this paragraph— (i) the term “computer-related equipment” includes desktops, laptops, printers, file servers, and peripherals which are appropriate for use in public school education; (ii) the terms “public elementary school” and “public secondary school” have the meaning given the terms elementary school and secondary school in [section 7801 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim); and (iii) the term “workstation” includes desktops and peripherals, file servers and peripherals, laptops and peripherals, printers and peripherals, and workstations and peripherals. (C) The Committee on House Oversight shall have authority to issue regulations to carry out this paragraph. (4) The Committee on House Oversight of the House of Representatives shall have authority to prescribe regulations to carry out this subsection. (5) As used in this section— (A) the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States; and (B) the term “used equipment” means such used or surplus equipment (including furniture and motor vehicles) as the Committee on House Oversight of the House of Representatives may prescribe by regulation.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 59a — Repealed. Pub. L. 101–163, title I, § 103(b), Nov. 21, 1989, 103 Stat. 1050

### Statutory Notes Section, Pub. L. 93–462, § 1, Oct. 20, 1974, 88 Stat. 1388, related to purchase of office equipment or furnishings by House Members. #### Effective Date of Repeal Repeal effective Oct. 1, 1989, see section 103(c) of Pub. L. 101–163, set out as an Effective Date of 1989 Amendment note under [section 5540 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section5540&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 117e — Transferred

### Statutory Notes #### Codification Section 117e was editorially reclassified as [section 5540 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section5540&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7801 — Definitions

Except as otherwise provided, in this chapter: (1) **Average daily attendance** (A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means— (i) the aggregate number of days of attendance of all students during a school year; divided by (ii) the number of days school is in session during that year. (B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data). (C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter— (i) consider the child to be in attendance at a school of the agency making the payment; and (ii) not consider the child to be in attendance at a school of the agency receiving the payment. (D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment. (2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States— (A) without regard to the source o

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 84b — Omitted

### Statutory Notes #### Codification Section, acts July 17, 1947, ch. 262, 61 Stat. 365; Oct. 18, 1986, Pub. L. 99–500, § 101(j), 100 Stat. 1783–287, and Oct. 30, 1986, Pub. L. 99–591, § 101(j), 100 Stat. 3341–287; July 11, 1987, Pub. L. 100–71, title I, 101 Stat. 425, provided that on and after July 17, 1947, sums received from the sales of copies of transcripts of hearings of committees reported by such reporters be covered into the Treasury. See [section 5540 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section5540&num=0&edition=prelim). Amendment of section by Pub. L. 99–500 and 99–591, as amended by Pub. L. 100–71, is based on section 104(b) of title I of H.R. 5203 (see House Report 99–805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99–500 and 99–591, to be effective as if enacted into law. Pub. L. 99–591 is a corrected version of Pub. L. 99–500. Provisions similar to those in this section were contained in appropriation acts which were classified to [section 117a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section117a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1824a — Recyclable materials

**(a) Collection and sale of recyclable materials** (1) **Establishment of program** — The Architect of the Capitol shall establish a program for the collection and sale of recyclable materials collected from or on the Capitol buildings and grounds, in accordance with the procedures applicable under subchapter III of chapter 5 of subtitle I of title 40, to the sale of surplus property by an executive agency. (2) **Exclusion of materials subject to other programs** — The program established under this section shall not apply with respect to any materials which are subject to collection and sale under— (A) [section 6516 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section6516&num=0&edition=prelim); (B) [section 5540 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section5540&num=0&edition=prelim); (C) [section 2026 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section2026&num=0&edition=prelim); or (D) any other authorized program for the collection and sale of recyclable materials. **(b) Revolving fund** (1) **In general** — There is established in the Treasury a revolving fund for the Office of the Architect of the Capitol, which shall consist of— (A) proceeds from the sale of recyclable materials under the program established under this section; and (B) such amounts as may be appropriated under law. (2) **Use of fund** — Amounts in the revolving fund established under paragraph (1) shall be available without fiscal year limitation to the Architect of the Capitol, subject to the Architect providing prior notice to the Committees on Appropriations of the House of Representatives and Senate— (A) to carry out the program established under t

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 5540 — Disposal of used or surplus furniture and

Page 616 TITLE 2—THE CONGRESS § 5540 20, 1996, 110 Stat. 1739; Pub. L. 108–447, div. G, title I, § 102(d), Dec. 8, 2004, 118 Stat. 3174.) Editorial Notes CODIFICATION Section was formerly classified to section 117f of this title prior to editorial reclassification and renumbering as this section. Section is from the Legislative Branch Appropria- tions Act, 1989. AMENDMENTS 2004—Subsecs. (b), (c). Pub. L. 108–447 redesignated subsec. (c) as (b), substituted ‘‘subsection (a)’’ for ‘‘sub- sections (a) and (b)’’, and struck out heading and text of former subsec. (b). Text read as follows: ‘‘The Chief Administrative Officer is authorized to receive for de- posit, amounts charged to any legislative branch enti- ty, including the Congressional Budget Office and the Architect of the Capitol, for the provision of telephone or telecommunications services, except that no amount charged to the Members’ Representational Allowance shall be deposited in accordance with this section.’’ 1996—Subsec. (a). Pub. L. 104–186, § 204(64)(A), sub- stituted ‘‘Chief Administrative Officer’’ for ‘‘Clerk’’. Subsec. (b). Pub. L. 104–186, § 204(64)(B), substituted ‘‘Chief Administrative Officer’’ for ‘‘Clerk’’, struck out ‘‘but not limited to Legislative Service Organizations,’’ after ‘‘entity, including’’, and substituted ‘‘, except that no amount charged to the Members’ Representa- tional Allowance’’ for ‘‘: Provided, That no amounts charged to the official expense allowances of Members of the House’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–447 applicable with re- spect to fiscal year 2005 and each succeeding fiscal year, see section 5538(f) of this title. § 5540. Disposal of used or surplus furniture and equipme

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