40 U.S.C. § 702 — Return of foreign excess property to

Page 90 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 702 seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see sec- tion 299 of Title 22 and Tables. § 702. Return of foreign excess property to United States (a) IN GENERAL.—Under regulations prescribed pursuant to subsection (b), foreign excess prop- erty 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 exec- utive agency concerned, or the Administrator of General Services after consultation with the agency head, determines that return of the prop- erty 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 transpor- tation costs for returning foreign excess prop- erty to the United States are paid by the federal agency, state agency, or donee receiving the property. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1126.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 702 ............. 40:512(c). June 30, 1949, ch. 288, title IV, § 402(c), as added Pub. L. 91–426, § 2(d), Sept. 26, 1970, 84 Stat. 883; Pub. L. 94–519, § 4, Oct. 17, 1976, 90 Stat. 2455. § 703. Donation of medical supplies for use in for- eign country (a) APPLICATION.—This section applies to med- ical 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 do- nate 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 non- profit medical or health organization, which may be an organization qualified to receive as- sistance under section 214(b) or 607 of the For- eign 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 han- dling). (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1126.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 703 ............. 40:512(b). June 30, 1949, ch. 288, title IV, § 402(b), as added Pub. L. 91–426, § 2(d), Sept. 26, 1970, 84 Stat. 883. § 704. Other methods of disposal (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 de- termines 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 DONA- TION.—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 esti- mated 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 execu- tive agency may execute documents to transfer title or other interests in, and take other action necessary or proper to dispose of, foreign excess property. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1126.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 704 ............. 40:512(a). June 30, 1949, ch. 288, title IV, § 402(a), 63 Stat. 398; Pub. L. 91–426, § 2(a)–(c), Sept. 26, 1970, 84 Stat. 883; Pub. L. 99–627, § 3(a), Nov. 7, 1986, 100 Stat. 3509. § 705. Handling of proceeds from disposal (a) IN GENERAL.—This section applies to pro- ceeds 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 proce- dures 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 for- eign excess property disposed of for United States currency under this chapter. (2) DEPOSITED IN TREASURY AS MISCELLA- NEOUS RECEIPTS.—Except as provided in para- graph (1), proceeds in the form of United States currency, including foreign currencies