States, unless the Secretary of Agriculture (in the case of any agricultural commodity, food, or cotton or woolen goods) or 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, 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) 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 qualifed to recieve assistance under sections 214(b) and 607 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2174(b) and 2357). (c) 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 202, 203(j) and 203(1) of this Act whenever the head of the executive agency concerned determines that it is in the interest of the United States to do so: 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. PROCEEDS; FOREIGN CURRENCIES SEC. 403. Proceeds from the sale, lease, or other 40 U.S.C. 513 disposition of foreign excess property, (a) shall, if in the form of foreign currencies or credits, be administered in accordance with procedures that may from time to time be established by the Secretary of the Treasury, 40 U.S.C. 514 and (b) shall, if in United States currency, or when any proceeds in foreign currencies or credits shall be reduced to United States currency, be covered into the Treasury as miscellaneous receipts: Provided, That the provisions of section 204(b) (which by their terms apply to property disposed of under title II) shall be applicable to proceeds of foreign excess property disposed of for United States currency under this title IV: And provided further, That any executive agency disposing of foreign excess property under this title (1) may deposit, in a special account with the Treasurer of the United States, such amount of the proceeds of such dispositions as it deems necessary to permit appropriate refunds to purchasers when any disposition is rescinded or does not become final, or payments for breach of any warranty, and (2) may withdraw therefrom amounts so to be refunded or paid, without regard to the origin of the funds withdrawn. MISCELLANEOUS PROVISIONS SEC. 404. (a) The President may prescribe such policies, not inconsistent with the provisions of this title, as he shall deem necessary to effectuate the provisions of this title, which provisions shall guide each executive agency in carrying out its functions hereunder. (b) Any authority conferred upon any executive agency or the head thereof by the provisions of this title may be delegated, and successive redelegation thereof may be authorized, by such head to any official in such agency or to the head of any other executive agency. (c) The head of each executive agency responsible for the disposal of foreign excess property hereunder may, as may be necessary to carry out his functions under this title, (1) subject to the civil-service and classification laws, appoint and fix the compensation of personnel, and (2) without regard to the civil-service and classification laws, appoint and fix the compensation of personnel outside the States of the Union and the District of Columbia. (d) The head of each executive agency responsible for the disposal of foreign excess property under this title shall submit a report to Congress in January of each year or at such other time or times as he may deem desirable relative to its activities under this title, together with any appropriate recommendations. (e) There shall be transferred from the Department of State to each other executive agency affected by this title such records, property, personnel, obligations, commitments, and unexpended balances of appropriations, allocations, and other funds, available or to be made available, as the Director of the Office of Management and Budget shall determine to relate to functions of such agency under this title which have heretofore been administered by the Department of State. TITLE V-FEDERAL RECORDS (Federal Records Act of 1950) [Repealed and superseded.] The Federal Records Act of 1950 (Title V of the Federal Property and Administrative Services Act of 1949, as amended) was substantially reenacted as positive law: see 44 U.S.C. Chapters 21, 25, 27, 29, and 31 (except secs. 2114, 2902, and 2910), set out in chapter 3 of this handbook. TITLE VI-GENERAL PROVISIONS APPLICABILITY OF EXISTING PROCEDURES SEC. 601. All policies, procedures, and directives pre- 40 U.S.C. 473 scribed (a) by either the Director, Bureau of Federal Supply, or the Secretary of the Treasury and relating to any function transferred to or vested in the Administrator, by the provisions of this Act; (b) by any officer of the Government under the authority of the Surplus Property Act of 1944, as amended, or under other authority with respect to surplus property or foreign excess property; (c) by or under authority of the Federal Works Administrator or the head of any constituent agency of the Federal Works Agency; and (d) by the Archivist of the United States or any in effect upon July 1, 1949 and not inconsistent REPEAL AND SAVING PROVISIONS SEC. 602. (a) There are hereby repealed (1) the Surplus Property Act of 1944, as amended (except sections 13(d), 13(g), 13(h), 28, and 32(b)(2)), and sections 501 and 502 of Reorganization Plan Numbered 1 of 1947: Provided, That, with respect to the disposal under this Act of any surplus real estate, all priorities and preferences provided for in said Act, as amended, shall continue in effect until 12 o'clock noon (eastern standard time), December 31, 1949; (2) that portion of the Act entitled "An Act making supplemental appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1949, and for other purposes", approved June 30, 1948 (Public Law 862, Eightieth Congress), as amended, appearing under the caption "Surplus property disposal"; (3) the Act entitled "An Act to authorize the Secretary of War to dispose of material no longer needed by the Army", approved February 28, 1936 (49 Stat. 1147; 10 U.S.C. 1258); (4) the Act entitled "An Act to authorize the Secretary of the Navy to dispose of material no longer needed by the Navy", approved May 22, 1930, as amended (46 Stat. 378; 34 U.S.C. 546c); (5) section 5 of the Act of July 11, 1919 (41 Stat. 67; 40 U.S.C. 311); (6) the first and second provisos contained in the fifth paragraph under the heading "Division of Supply" in section 1 of the Act of December 20, 1928 (45 Stat. 1030; 40 U.S.C. 311a); (7) the Act entitled "An Act to authorize the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force to donate excess and surplus property for educational purposes", approved July 2, 1948 (Public Law 889, Eightieth Congress); (8) section 203 of the Act of June 26, 1943 (57 Stat. 195, as amended; 5 U.S.C. 118d-1); (9) the Act of April 15, 1937 (50 Stat. 64; 5 U.S.C. 118d); (10) the second proviso contained in the paragraph of the Act of August 10, 1912 (37 Stat. 296; 5 U.S.C. 545), headed "Contingent expenses, Department of Agriculture"; (11) the second proviso contained in the twentieth paragraph of section 1 of the Act of March 2, 1917 (39 Stat. 973; 5 U.S.C. 494); (12) the twenty-sixth paragraph under the heading "National Parks" of the Act of January 24, 1923 (42 Stat. 1215; 16 U.S.C. 9); (13) the fifth paragraph under the heading "Experiments and demonstrations in livestock production in the cane-sugar and cotton districts of the United States" of the Act of June 30, 1914 (38 Stat. 441; 5 U.S.C. 546); (14) the proviso contained in the second paragraph under the heading "Library, Department of Agriculture" of the Act of March 4, 1915 (38 Stat. 1107; 5 U.S.C. 548); (15) the second proviso contained in the second paragraph under the heading "Clothing and camp and garrison equipage" of section 1 of the Act of August 29, 1916 (39 Stat. 635; 10 U.S.C. 1271); (16) the Act of May 11, 1939 (53 Stat. 739; 10 U.S.C. 1271a); (17) the fifth paragraph under the heading "Office of the Chief Signal Officer" of the Act of May 12, 1917 (40 Stat. 43, as amended; 10 U.S.C. 1272); (18) the third proviso contained in the second paragraph under the heading "Office of the Chief Signal Officer" of the Act of March 4, 1915 (38 Stat. 1064; 10 U.S.C. 1273); (19) the fourteenth paragraph under the heading "Smithsonian Institution" of section 1 of the Act of March 3, 1915 (38 Stat. 839; 20 U.S.C. 66); (20) the second paragraph under the heading "Government hospital for the insane" of section 1 of the Act of August 1, 1914 (38 Stat. 649; 24 U.S.C. 173); (21) the second paragraph under the heading "Saint Elizabeth Hospital" of section 1 of the Act of June 12, 1917 (40 Stat. 153; 24 U.S.C. 174); (22) the proviso contained in the second paragraph under the heading "Bureau of Supplies and Accounts" of the Act of August 22, 1912 (37 Stat. 346; 34 U.S.C. 531a); (23) the second proviso of the first paragraph under the heading "Bureau of Yards and Docks" of the Act of August 29, 1916 (34 U.S.C. 532); (24) the proviso contained in the second paragraph under the heading "Maintenance, Quartermaster's Department, Marine Corps" of the Act of March 4, 1917 (39 Stat. 1189; 34 U.S.C. 723); (25) the twentieth paragraph under the heading "Bureau of Mines" of section 1 of the Act of July 19, 1919 (41 Stat. 200; 40 U.S.C. 118); (26) the first sentence of section 5 of the Act of March 4, 1915 (38 Stat. 1161; 41 U.S.C. 26); (27) the third paragraph under the heading "Interstate Commerce Commission" of section 1 of the Act of August 1, 1914 (38 Stat. 627; 49 U.S.C. 58); (28) the Act of June 6, 1941 (55 Stat. 247; 14 U.S.C. 31b); (29) section 4 of the Act of June 17, 1910 (36 Stat. 531; 41 U.S.C. 7); (30) the Act of February 27, 1929; (45 Stat. 1341; 41 U.S.C. 7a, 7b, 7c, and 7d); (31) section 1 of the Act of May 14, 1935 (49 Stat. 234; 41 U.S.C. 7c-1); (32) the Act entitled "An Act to establish a National Archives of the United States Government, and for other purposes", approved June 19, 1934 (48 Stat. 1122-1124, as amended; 44 U.S.C. 300, 300a, 300c-k); and (33) section 4 of the Act of February 3, 1905 (33 Stat. 687, as amended; 5 U.S.C. 77); (34) Sections 1(c); 205 (a), (b), (c), (d), (e), and (f); 206, 207, 208, and 209; and the second proviso contained in section 203 of the joint resolution of July 18, 1939 (53 Stat. 1062). (b) There are hereby superseded (1) the provisions of the first, third, and fifth paragraphs of section 1 of Executive Order Numbered 6166 of June 10, 1933, insofar as they relate to any function now administered by the Bureau of Federal Supply except functions with respect to standard contract forms; and |