§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, §402, 63 Stat. 398 ; Pub. L. 91–426, §2, Sept. 26, 1970, 84 Stat. 883 ; Pub. L. 94–519, §4, Oct. 17, 1976, 90 Stat. 2455 ; Pub. L. 99–627, §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.