
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC512]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
       CHAPTER 10--MANAGEMENT AND DISPOSAL OF GOVERNMENT PROPERTY
 
                 SUBCHAPTER III--FOREIGN EXCESS PROPERTY
 
Sec. 512. Methods and terms of disposal


(a) Authority of executive agency

    Foreign excess property not disposed of under subsections (b) and 
(c) of this section may be disposed of (1) by sale, exchange, lease, or 
transfer, for cash, credit or other property, with or without warranty, 
and upon such other terms and conditions as the head of the executive 
agency concerned deems proper, or (2) for foreign currencies or credits, 
or substantial benefits or the discharge of claims resulting from the 
compromise or settlement of such claims by any executive agency in 
accordance with the law, whenever the head of the executive agency 
concerned determines that it is in the interest of the United States to 
do so. Such property may be disposed of without advertising when the 
head of the executive agency concerned finds so doing to be most 
practicable and to be advantageous to the Government. The head of each 
executive agency responsible for the disposal of foreign excess property 
may execute such documents for the transfer of title or other interest 
in property and take such other action as he deems necessary or proper 
to dispose of such property; and may authorize the abandonment, 
destruction, or donation of foreign excess property under his control 
which has no commercial value or the estimated cost of care and handling 
of which would exceed the estimated proceeds from its sale.

(b) Donation of medical supplies

    Any executive agency having in any foreign country any medical 
materials or supplies not disposed of under subsection (c) of this 
section, which, if situated within the United States, would be available 
for donation pursuant to section 484 of this title, may donate such 
materials or supplies without cost (except for costs of care and 
handling), for use in any foreign country, to nonprofit medical or 
health organizations, including those qualified to receive assistance 
under sections 2174(b) and 2357 of title 22.

(c) Return of foreign excess property; determination of interest of the 
        United States; costs

    Under such regulations as the Administrator shall prescribe pursuant 
to this subsection, any foreign excess property may be returned to the 
United States for handling as excess or surplus property under the 
provisions of sections 483, 484(j), and 484(l) of this title, whenever 
the head of the executive agency concerned, or the Administrator after 
consultation with such agency head, determines that return of the 
property to the United States for such handling is in the interest of 
the United States: Provided, That regulations prescribed pursuant to 
this subsection shall require that the transportation costs incident to 
such return shall be borne by the Federal agency, State agency, or donee 
receiving the property.

(June 30, 1949, ch. 288, title IV, Sec. 402, 63 Stat. 398; Pub. L. 91-
426, Sec. 2, Sept. 26, 1970, 84 Stat. 883; Pub. L. 94-519, Sec. 4, Oct. 
17, 1976, 90 Stat. 2455; Pub. L. 99-627, Sec. 3(a), Nov. 7, 1986, 100 
Stat. 3509.)


                               Amendments

    1986--Subsec. (a)(1). Pub. L. 99-627 struck out ``; but in no event 
shall any property be sold without a condition forbidding its 
importation into the United States, unless the Secretary of Agriculture 
(in the case of any agricultural commodity, food, or cotton or woolen 
goods) or the Secretary of Commerce (in the case of any other property) 
determines that the importation of such property would relieve domestic 
shortages or otherwise be beneficial to the economy of this country'' 
after ``deems proper''.
    1976--Subsec. (c). Pub. L. 94-519 substituted ``, whenever the head 
of the executive agency concerned, or the Administrator after 
consultation with such agency head, determines that return of the 
property to the United States for such handling is in the interest of 
the United States'' for ``whenever the head of the executive agency 
concerned determines that it is in the interest of the United States to 
do so''.
    1970--Pub. L. 91-426 designated existing provisions as subsec. (a), 
substituted (1) and (2) for clause designations (a) and (b) and inserted 
``not disposed of under subsections (b) and (c) of this section'' after 
``Foreign excess property'', and added subsecs. (b) and (c).


                    Effective Date of 1986 Amendment

    Section 3(c) of Pub. L. 99-627 provided that: ``The amendment made 
by subsection (a) [amending this section] shall not affect any civil or 
criminal proceeding instituted by the United States prior to the date of 
enactment of this Act [Nov. 7, 1986].''


                     Return of Pending Applications

    Section 3(b) of Pub. L. 99-627 provided that: ``Applications pending 
before the Secretary of Commerce or the Secretary of Agriculture on, or 
received after, the date of enactment of this Act [Nov. 7, 1986] for 
authorization to import property under section 402(a)(1) of the Federal 
Property and Administrative Services Act of 1949 [40 U.S.C. 512(a)(1)] 
shall be returned without action, and applicants shall be informed in 
writing that authorization is no longer required after such date.''

                  Section Referred to in Other Sections

    This section is referred to in sections 484, 511 of this title.
