22 U.S.C. § 2358 — Foreign and domestic excess property

Page 837 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2358 AUTHORITY OF SECRETARY OF STATE Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organiza- tion and Employees. Executive Documents TRANSFER OF FUNCTIONS ‘‘Director of the Office of Personnel Management’’ substituted for ‘‘Civil Service Commission’’ in subsec. (b) pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in the United States Civil Service Commission to the Director of the Office of Personnel Management (except as oth- erwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. DELEGATION OF AUTHORITY Memorandum of President of the United States, Feb. 16, 1995, 60 F.R. 10793, provided: Memorandum for the Secretary of State [and] the Ad- ministrator of the Agency for International Develop- ment By virtue of the authority vested in me by the Con- stitution and laws of the United States of America, in- cluding section 301 of title 3 of the United States Code, I hereby delegate as follows certain authorities vested in the President: (A) the functions under section 607 of the Foreign As- sistance Act of 1961, as amended (FAA) [22 U.S.C. 2357], to the Secretary of State and to the Administrator of the Agency for International Development, respec- tively, for matters within their respective areas of re- sponsibility; and (B) the functions in the first proviso under the head- ing ‘‘Population, Development Assistance,’’ contained in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103–306) [108 Stat. 1611], and in comparable provi- sions in successor legislation, to the Secretary of State relating to those organizations and programs for which the Secretary of State has funding responsibility. The delegations of authority described in subpara- graph (A) are in addition to other delegations of such authority to the International Development Coopera- tion Agency. The delegation of authority described above in sub- paragraph (B) shall be exercised in lieu of the delega- tion of the comparable authority to the Administrator of the Agency for International Development by sec- tion 1–102(a)(7) of Executive Order No. 12163, as amend- ed [22 U.S.C. 2381 note]. Any reference in this memorandum to any Act, order, determination, or delegation of authority shall be deemed to be a reference to such Act, order, determina- tion, or delegation of authority as amended from time to time. The functions delegated by this memorandum may be redelegated within the Department of State or the Agency for International Development, as appropriate. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. WILLIAM J. CLINTON. § 2358. Foreign and domestic excess property (a) Advance acquisition of property; special ac- count for payment of costs; limitation; use of property It is the sense of the Congress that in fur- nishing assistance under subchapter I of this chapter excess personal property, or (if a sub- stantial savings would occur) other property al- ready owned by an agency of the United States Government, shall be utilized wherever prac- ticable in lieu of or supplementary to the pro- curement of new items for United States-as- sisted projects and programs. The President is authorized to maintain in a separate account, which shall, notwithstanding section 1535(d) of title 31, be free from fiscal year limitation, $5,000,000 of funds made available under part I of subchapter I of this chapter, which may be used to pay costs (including personnel costs) of acqui- sition, storage, renovation and rehabilitation, packing, crating, handling, transportation, and related costs of property classified as domestic or foreign excess property pursuant to chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, any property available from an agency of the United States Government, or other property, in advance of known require- ments therefor for use in furtherance of the pur- poses of subchapter I of this chapter: Provided, That the amount of property classified as do- mestic excess property pursuant to chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of sub- title I of title 41 held at any one time pursuant to this section shall not exceed $15,000,000 in total original acquisition cost. Property ac- quired pursuant to the preceding sentence may be furnished (1) pursuant to any provision of subchapter I of this chapter for which funds are authorized for the furnishing of assistance, in which case the separate account established pur- suant to this section shall be repaid from funds made available for such provision for all costs incurred, or (2) pursuant to section 2357 of this title, in which case such separate account shall be repaid in accordance with the provisions of that section for all costs incurred. (b) Transfer of domestic excess property Property classified as domestic excess prop- erty under chapters 1 to 11 of title 40 and divi- sion C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 shall not be transferred to the agency primarily re- sponsible for administering subchapter I of this chapter for use pursuant to the provisions of subchapter I of this chapter or section 2357 of this title unless (1) such property is transferred for use exclusively by an agency of the United Page 838 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2359 States Government, or (2) it has been deter- mined in the same manner as provided for sur- plus property in section 549(a) to (e) of title 40, that such property is not needed for donation pursuant to those subsections. The foregoing re- strictions shall not apply to the transfer in any fiscal year for use pursuant to the provisions of subchapter I of this chapter of amounts of such property with a total original acquisition cost to the United States Government not exceeding $45,000,000. (Pub. L. 87–195, pt. III, § 608, Sept. 4, 1961, 75 Stat. 441; Pub. L. 89–583, pt. III, § 301(c), Sept. 19, 1966, 80 Stat. 804; Pub. L. 90–137, pt. III, § 301(b), Nov. 14, 1967, 81 Stat. 458; Pub. L. 95–424, title I, § 102(g)(2)(C), Oct. 6, 1978, 92 Stat. 942; Pub. L. 97–113, title VII, § 701, Dec. 29, 1981, 95 Stat. 1543.) Editorial Notes CODIFICATION In text, ‘‘chapters 1 to 11 of title 40 and division C (ex- cept sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for references to the Federal Property and Administrative Services Act of 1949, as amended, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (a), ‘‘section 1535(d) of title 31’’ substituted for ‘‘section 1210 of the General Appropriation Act, 1951 (64 Stat. 765) [31 U.S.C. 686–1]’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- tion of which enacted Title 31, Money and Finance. In subsec. (b), ‘‘section 549(a) to (e) of title 40’’ sub- stituted for ‘‘section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended’’ and ‘‘those subsections’’ substituted for ‘‘that subsection’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. AMENDMENTS 1981—Subsec. (a). Pub. L. 97–113 authorized for sub- chapter I assistance use of property already owned by an agency of the United States (if a substantial savings would occur) as supplementary to procurement of new items for United States-assisted projects and programs and use of separate account funds for payment of costs of any property available from an agency of the United States. 1978—Subsec. (a). Pub. L. 95–424 substituted ‘‘part 1 of subchapter 1 of this chapter’’ for ‘‘section 2172 of this title’’. 1967—Subsec. (a). Pub. L. 90–137 required, in fur- nishing assistance under subchapter I of this chapter, utilization of excess personal property wherever prac- ticable in lieu of new items for United States-assisted projects and programs. 1966—Subsec. (a). Pub. L. 89–583 permitted personnel costs attributable to the excess property program to be charged to the separate account for the advance acqui- sition of property. Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF SUBCHAPTER II References to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title. REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293 References to part I of subchapter I of this chapter are deemed to include a reference to section 2293 of this title. See section 2293(d)(1) of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2359. Repealed. Pub. L. 105–277, div. A, § 101(d) [title V, § 533(a)(5)], Oct. 21, 1998, 112 Stat. 2681–150, 2681–180 Section, Pub. L. 87–195, pt. III, § 609, Sept. 4, 1961, 75 Stat. 442, related to special accounts for proceeds from sales of commodities furnished on a grant basis. § 2360. Transfer of funds between accounts (a) Necessity of transfer; limitations Whenever the President determines it to be necessary for the purposes of this chapter, not to exceed 10 per centum of the funds made avail- able for any provision of this chapter (except funds made available pursuant to subpart IV of part II of subchapter I of this chapter or for sec- tion 2763 of this title) may be transferred to, and consolidated with, the funds made available for any provision of this chapter (except funds made available under part II of subchapter II of this chapter), and may be used for any of the pur- poses for which such funds may be used, except that the total in the provision for the benefit of which the transfer is made shall not be in- creased by more than 20 per centum of the amount of funds made available for such provi- sion. (b) Augmentation of other appropriations The authority contained in this section and in sections 2261, 2318 and 2364 of this title, shall not be used to augment appropriations made avail- able pursuant to sections 2396(g)(1) and 2397 of this title or used otherwise to finance activities which normally would be financed from appro- priations for administrative expenses. (c) Military and development assistance pur- poses Any funds which the President has notified Congress pursuant to section 2413 of this title that he intends to provide in military assistance to any country may be transferred to, and con- solidated with, any other funds he has notified Congress pursuant to such section that he in- tends to provide to that country for develop- ment assistance purposes. (Pub. L. 87–195, pt. III, § 610, Sept. 4, 1961, 75 Stat. 442; Pub. L. 87–565, pt. III, § 301(a), Aug. 1, 1962, 76 Stat. 260; Pub. L. 89–371, § 3, Mar. 18, 1966, 80 Stat. 74; Pub. L. 89–583, pt. III, § 301(d), Sept. 19, 1966, 80 Stat. 804; Pub. L. 90–137, pt. III, § 301(c), Nov. 14, 1967, 81 Stat. 458; Pub. L. 91–175, pt. III,