§ 2358. Foreign and domestic excess property
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/usc/title-22/section-2358A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 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 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 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 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 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 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 549(a) to
(e)of title 40, that such property is not needed for donation pursuant to those subsections. 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, § 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.)
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Cited by 14 sections · top 13
U.S. Code
statutes-at-large
- Public Law 90–132
- Public Law 90–554
- Public Law 89–581
- Public Law 107–217To revise, codify, and enact without substantive change certain general and permanent laws, related to public buildings, property, and works, as title 40, United States Code, “Public Buildings, Property, and Works”
- Public Law 94–519To amend the Federal Property and Administrative Services Act of 1049 to permit the donation of Federal surplus personal property to the States and local organizations for public purposes, and for other purposes
- Public Law 95–424To amend the Foreign Assistance Act of 196i to authorize development and economic assistance programs for fiscal year 1979, to make certain changes in the authorities of that Act and the Agricultural Trade Development and Assistance Act of 1954, to improve the coordination and administration of Unit
- Public Law 97–113To authorize appropriations for the fiscal years 1982 and 1983 for international security and development assistance and for the Peace Corps, to establish the Peace Corps as an autonomous agency, and for other purposes
- Public Law 99–93To authorize appropriations for fiscal years 1986 and 1987 for the Department of State, the United States Information Agency, the Board for International Broadcasting, and for other purposes
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statute-compilations
23 references not yet in our index
- Pub. L. 87–195
- 75 Stat. 441
- Pub. L. 89–583
- 80 Stat. 804
- Pub. L. 90–137
- 81 Stat. 458
- Pub. L. 95–424, title I, § 102(g)(2)(C)
- 92 Stat. 942
- Pub. L. 97–113, title VII, § 701
- 95 Stat. 1543
- Pub. L. 107–217, § 5(c)
- 116 Stat. 1303
- Pub. L. 111–350, § 6(c)
- 124 Stat. 3854
- 64 Stat. 765
- 31 U.S.C. 686–1
- Pub. L. 97–258, § 4(b)
- 96 Stat. 1067
- Pub. L. 97–113
- Pub. L. 95–424
- section 2172 of this title
- section 202(b) of Pub. L. 92–226
- section 605 of Pub. L. 95–424
Citation graph
cites case law
§ 2358
Foreign and domestic excess property
Stat.×8
U.S.C.×4
Fed. Reg.×1
Stat. Comp.×1
Pub. L.Pub. L. 87–195
Stat.75 Stat. 441
Pub. L.Pub. L. 89–583
Stat.80 Stat. 804
Pub. L.Pub. L. 90–137
Cites 29 · showing 11Cited by 14 across 4 sources