
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2358]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                       Part I--General Provisions
 
Sec. 2358. Foreign and domestic excess property


(a) Advance acquisition of property; special account for payment of 
        costs; limitation; use of property

    It is the sense of the Congress that in furnishing assistance under 
subchapter I of this chapter excess personal property, or (if a 
substantial savings would occur) other property already owned by an 
agency of the United States Government, shall be utilized wherever 
practicable in lieu of or supplementary to the procurement of new items 
for United States-assisted 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 acquisition, storage, renovation and rehabilitation, 
packing, crating, handling, transportation, and related costs of 
property classified as domestic or foreign excess property pursuant to 
the Federal Property and Administrative Services Act of 1949, as amended 
(40 U.S.C. 471 et seq.), any property available from an agency of the 
United States Government, or other property, in advance of known 
requirements therefor for use in furtherance of the purposes of 
subchapter I of this chapter: Provided, That the amount of property 
classified as domestic excess property pursuant to the Federal Property 
and Administrative Services Act of 1949, as amended, held at any one 
time pursuant to this section shall not exceed $15,000,000 in total 
original acquisition cost. Property acquired 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 pursuant 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 property under the Federal 
Property and Administrative Services Act of 1949, as amended [40 U.S.C. 
471 et seq.], shall not be transferred to the agency primarily 
responsible 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 States Government, or (2) it has 
been determined in the same manner as provided for surplus property in 
section 203(j) of the Federal Property and Administrative Services Act 
of 1949, as amended [40 U.S.C. 484(j)], that such property is not needed 
for donation pursuant to that subsection. The foregoing restrictions 
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, Sec. 608, Sept. 4, 1961, 75 Stat. 441; Pub. L. 
89-583, pt. III, Sec. 301(c), Sept. 19, 1966, 80 Stat. 804; Pub. L. 90-
137, pt. III, Sec. 301(b), Nov. 14, 1967, 81 Stat. 458; Pub. L. 95-424, 
title I, Sec. 102(g)(2)(C), Oct. 6, 1978, 92 Stat. 942; Pub. L. 97-113, 
title VII, Sec. 701, Dec. 29, 1981, 95 Stat. 1543.)

                       References in Text

    The Federal Property and Administrative Services Act of 1949, as 
amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 
377, as amended. The excess property provisions of that Act are 
classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public 
Buildings, Property, and Works. For complete classification of this Act 
to the Code, see Short Title note set out under section 471 of Title 40 
and Tables.


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 (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII 
(Sec. 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.

                          Codification

    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, Sec. 4(b), Sept. 13, 
1982, 96 Stat. 1067, the first section of which enacted Title 31, Money 
and Finance.


                               Amendments

    1981--Subsec. (a). Pub. L. 97-113 authorized for subchapter 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 furnishing assistance 
under subchapter I of this chapter, utilization of excess personal 
property wherever practicable 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 acquisition of property.


                    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.

                         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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2291a, 2357 of this title; 
title 40 section 483.
