40 U.S.C. § 558 — Donation of forfeited vessels

Page 60 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 556 1 So in original. Probably should be ‘‘Appropriations’’. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 555 ............. 40:484(r). June 30, 1949, ch. 288, title II, § 203(r), as added Pub. L. 105–27, § 1, July 18, 1997, 111 Stat. 244. § 556. Disposal of dredge vessels (a) IN GENERAL.—The Administrator of Gen- eral Services, pursuant to sections 521 through 527, 529, and 549 of this title, may dispose of a United States Army Corps of Engineers vessel used for dredging, together with related equip- ment owned by the Federal Government and under the control of the Chief of Engineers, if the Secretary of the Army declares the vessel to be in excess of federal needs. (b) RECIPIENTS AND PURPOSES.—Disposal under this section is accomplished— (1) through sale or lease to— (A) a foreign government as part of a Corps of Engineers technical assistance program; (B) a federal or state maritime academy for training purposes; or (C) a non-federal public body for scientific, educational, or cultural purposes; or (2) through sale solely for scrap to foreign or domestic interests. (c) NO DREDGING ACTIVITIES.—A vessel de- scribed in subsection (a) shall not be disposed of under any law for the purpose of engaging in dredging activities within the United States. (d) DEPOSIT OF AMOUNTS COLLECTED.— Amounts collected from the sale or lease of a vessel or equipment under this section shall be deposited into the revolving fund authorized by section 101 (9th par.) of the Civil Functions Ap- propriation 1 Act, 1954 (33 U.S.C. 576), to be avail- able, as provided in appropriation laws, for the operation and maintenance of vessels under the control of the Corps of Engineers. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1102.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 556 ............. 40:483d. Pub. L. 99–662, title IX, § 945, Nov. 17, 1986, 100 Stat. 4200. In subsection (a), the words ‘‘U.S. Army Corps of En- gineers’’ are substituted for ‘‘Corps of Engineers’’ for clarity. The words ‘‘Secretary of the Army’’ are sub- stituted for ‘‘Secretary’’ because of section 2 of the Water Resources Development Act of 1986 (33:2201). In subsection (d), the words ‘‘U.S. Army Corps of En- gineers’’ are substituted for ‘‘Corps of Engineers’’ for clarity. § 557. Donation of books to Free Public Library Subject to regulations under this subtitle, a book that is no longer needed by an executive department, bureau, or commission of the Fed- eral Government, and that is not an advisable addition to the Library of Congress, shall be turned over to the Free Public Library of the District of Columbia for general use if the book is appropriate for the Free Public Library. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1102.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 557 ............. 40:484–1. Feb. 25, 1903, ch. 755, § 1 (7th par. on p. 865), 32 Stat. 865; Oct. 31, 1951, ch. 654, § 2(1), 65 Stat. 706. § 558. Donation of forfeited vessels (a) IN GENERAL.—A vessel that is forfeited to the Federal Government may be donated, in ac- cordance with procedures under this subtitle, to an eligible institution described in subsection (b). (b) ELIGIBLE INSTITUTION.—An eligible institu- tion referred to in subsection (a) is an edu- cational institution with a commercial fishing vessel safety program or other vessel safety, education and training program. The institution must certify to the federal officer making the donation that the program includes, at a min- imum, all of the following courses in vessel safe- ty: (1) Vessel stability. (2) Firefighting. (3) Shipboard first aid. (4) Marine safety and survival. (5) Seamanship rules of the road. (c) TERMS AND CONDITIONS.—The donation of a vessel under this section shall be made on terms and conditions considered appropriate by the federal officer making the donation. All of the following terms and conditions are required: (1) NO WARRANTY.—The institution must ac- cept the vessel as is, where it is, and without warranty of any kind and without any rep- resentation as to its condition or suitability for use. (2) MAINTENANCE.—The institution is respon- sible for maintaining the vessel. (3) INSTRUCTION ONLY.—The vessel may be used only for instructing students in a vessel safety education and training program. (4) DOCUMENTATION.—If the vessel is eligible to be documented, it must be documented by the institution as a vessel of the United States under chapter 121 of title 46. The requirements of paragraph (5) must be noted on the perma- nent record of the vessel. (5) DISPOSAL.—The institution must obtain prior approval from the Administrator of Gen- eral Services before disposing of the vessel and any proceeds from disposal shall be payable to the Government. (6) INSPECTION OR REGULATION.—The vessel shall be inspected or regulated in the same manner as a nautical school vessel under chap- ter 33 of title 46. (d) GOVERNMENT LIABILITY.—The Government is not liable in an action arising out of the transfer or use of a vessel transferred under this section. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1103.) Page 61 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 571 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 558 ............. 40:484d. Pub. L. 99–640, § 13(a)–(c), Nov. 10, 1986, 100 Stat. 3551. In subsection (b), the words ‘‘all of’’ are inserted for clarity. § 559. Advice of Attorney General with respect to antitrust law (a) DEFINITION.—In this section, the term ‘‘antitrust law’’ includes— (1) the Sherman Act (15 U.S.C. 1 et seq.); (2) the Clayton Act (15 U.S.C. 12 et seq., 29 U.S.C. 52, 53); (3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and (4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8, 9). (b) ADVICE REQUIRED.— (1) IN GENERAL.—An executive agency shall not dispose of property to a private interest until the agency has received the advice of the Attorney General on whether the disposal to a private interest would tend to create or main- tain a situation inconsistent with antitrust law. (2) EXCEPTION.—This section does not apply to disposal of— (A) real property, if the estimated fair market value is less than $3,000,000; or (B) personal property (other than a patent, process, technique, or invention), if the esti- mated fair market value is less than $3,000,000. (c) NOTICE TO ATTORNEY GENERAL.— (1) IN GENERAL.—An executive agency that contemplates disposing of property to a pri- vate interest shall promptly transmit notice of the proposed disposal, including probable terms and conditions, to the Attorney Gen- eral. (2) COPY.—Except for the General Services Administration, an executive agency that transmits notice under paragraph (1) shall si- multaneously transmit a copy of the notice to the Administrator of General Services. (d) ADVICE FROM ATTORNEY GENERAL.—Within a reasonable time, not later than 60 days, after receipt of notice under subsection (c), the Attor- ney General shall advise the Administrator and any interested executive agency whether, so far as the Attorney General can determine, the pro- posed disposition would tend to create or main- tain a situation inconsistent with antitrust law. (e) REQUEST FOR INFORMATION.—On request from the Attorney General, the head of an exec- utive agency shall furnish information the agen- cy possesses that the Attorney General deter- mines is appropriate or necessary to— (1) give advice required by this section; or (2) determine whether any other disposition or proposed disposition of surplus property violates antitrust law. (f) NO EFFECT ON ANTITRUST LAW.—This sub- title does not impair, amend, or modify anti- trust law or limit or prevent application of anti- trust law to a person acquiring property under this subtitle. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1103.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 559 ............. 40:488. June 30, 1949, ch. 288, title II, § 207, 63 Stat. 391; Pub. L. 85–680, Aug. 19, 1958, 72 Stat. 631; Pub. L. 100–612, § 7, Nov. 5, 1988, 102 Stat. 3182. In subsection (e), the words ‘‘the head of an executive agency’’ are substituted for ‘‘the Administrator or any other executive agency’’, the words ‘‘or cause to be fur- nished’’ are omitted, and the words ‘‘information the agency possesses’’ are substituted for ‘‘such informa- tion as the Administrator or such other executive agen- cy may possess’’, to eliminate unnecessary words. Editorial Notes REFERENCES IN TEXT The Sherman Act, referred to in subsec. (a)(1), is act July 2, 1890, ch. 647, 26 Stat. 209, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables. The Clayton Act, referred to in subsec. (a)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified gen- erally to sections 12, 13, 14 to 19, 21, 22 to 27 of Title 15, Commerce and Trade, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see note set out under section 12 of Title 15 and Tables. The Federal Trade Commission Act, referred to in subsec. (a)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see sec- tion 58 of Title 15 and Tables. SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER § 571. General rules for deposit and use of pro- ceeds (a) DEPOSIT IN TREASURY AS MISCELLANEOUS RECEIPTS.— (1) IN GENERAL.—Except as otherwise pro- vided in this subchapter, proceeds described in paragraph (2) shall be deposited in the Treas- ury as miscellaneous receipts. (2) PROCEEDS.—The proceeds referred to in paragraph (1) are proceeds under this chapter from a— (A) transfer of excess property to a federal agency for agency use; or (B) sale, lease, or other disposition of sur- plus property. (b) PAYMENT OF EXPENSES OF SALE BEFORE DE- POSIT.—Subject to regulations under this sub- title, the expenses of the sale of old material, condemned stores, supplies, or other public property may be paid from the proceeds of sale so that only the net proceeds are deposited in the Treasury. This subsection applies whether proceeds are deposited as miscellaneous receipts or to the credit of an appropriation as author- ized by law. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1104; Pub. L. 114–287, § 20(a), Dec. 16, 2016, 130 Stat. 1477;