42 U.S.C. § 2311 — Community Disposal Operations Fund

Page 5587 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2312 § 2309. Administrative review Determinations authorized by this chapter to be made by the Commission as to classification, priorities, prices, and terms and conditions of sale of property disposed under this chapter shall be subject to review only in accordance with such provisions for administrative review or reconsideration as the Commission may pre- scribe. (Aug. 4, 1955, ch. 543, ch. 11, § 115, 69 Stat. 483.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections. § 2310. Repossession of property; powers of Com- mission The Commission is authorized to repossess any property sold by it in accordance with the terms of any contract to purchase, mortgage or other instrument, and to sell or make any other disposition of any property so repossessed and any property purchased by it pursuant to sec- tion 2366 of this title. Notwithstanding any other provision of law relating to the acquisi- tion, handling, or disposal of real property by the United States, the Commission shall have power to deal with, complete, operate, rent, ren- ovate, modernize, insure, or sell for cash or cred- it, in its discretion, any properties acquired pur- suant to this chapter, and to pursue to final col- lection, by way of compromise or otherwise, all claims arising pursuant to this section: Pro- vided, That expenses authorized by this section shall be considered nonadministrative expenses: Provided further, That section 6101 of title 41 shall not apply to any contract entered into pur- suant to this section if the amount thereof does not exceed $1,000. (Aug. 4, 1955, ch. 543, ch. 11, § 116, 69 Stat. 483; July 25, 1956, ch. 731, § 3, 70 Stat. 653.) Editorial Notes CODIFICATION In text, ‘‘section 6101 of title 41’’ substituted for ‘‘sec- tion 3709 of the Revised Statutes’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1956—Act July 25, 1956, specifically enumerated pow- ers of the Commission in relation to properties ac- quired pursuant to this chapter, authorized final collec- tion of claims by way of compromise or otherwise, to provide that expenses authorized by this section shall be considered nonadministrative expenses, and ex- cepted contracts that do not exceed $1,000 from provi- sions of section 5 of title 41. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections. § 2311. Community Disposal Operations Fund (a) Establishment There is established as of June 30, 1956, a Com- munity Disposal Operations Fund, and the Com- mission (or the head of such agency as may be carrying out the sales and financing functions of the Commission pursuant to a delegation by the President under section 2313 of this title) is au- thorized to credit said fund with all moneys hereafter obtained or now held by it and to ac- count under said fund for all assets and liabil- ities held or acquired by it in connection with its sales and financing functions under this chapter, and to make temporary advances to such fund, from any other funds available for ex- penses of operations of such Commission or agency, as may be required to carry out such functions pending the realization of sufficient proceeds under the provisions of this chapter: Provided, That any such advances shall be repaid to the source appropriation or fund, to the ex- tent of any unobligated balances available in the Community Disposal Operations Fund, prior to the close of the fiscal year during which such advances are made. (b) Availability The Community Disposal Operations Fund shall be available to pay for all necessary costs, expenses (including administrative expenses), losses or obligations incurred in connection with the aforesaid functions, including expenses inci- dent to sale, or other transfer and any financing under section 2362 of this title, indemnities under sections 2363 to 2366 of this title, and ex- penses authorized by section 2310 of this title, and expenses in connection with the defense and payment of any claims for breaches of warran- ties and covenants of title of any property dis- posed of pursuant to this chapter. (c) Liquidating dividends Any amount in said fund which is determined to be in excess of requirements for the purposes thereof shall be declared and paid as liquidating dividends to the Treasury, not less often than annually. (Aug. 4, 1955, ch. 543, ch. 11, § 117, 69 Stat. 483; July 25, 1956, ch. 731, § 4, 70 Stat. 654.) Editorial Notes AMENDMENTS 1956—Act July 25, 1956, amended section generally to establish the Community Disposal Operations Fund, to provide for its availability, and to require excess amounts to be paid as liquidating dividends to the Treasury. Former provisions of this section required that the net proceeds derived by the Commission from the disposal of property pursuant to this chapter were to be covered into the Treasury. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections. § 2312. Authorization of appropriations (a) No appropriation shall be made to carry out the provisions and purposes of this chapter