40 USC § 505 - Exchange or transfer of medical supplies | Title 40 - Public Buildings, Property, and Works | U.S. Code

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Current through Pub. L. 113-9. (See Public Laws for the current Congress.)

(a) Excess Property Determination.—

(1) In general.— Medical materials or supplies an executive agency holds for national emergency purposes are considered excess property for purposes of subchapter II when the head of the agency determines that—

(A) the remaining storage or shelf life is too short to justify continued retention for national emergency purposes; and

(B) transfer or other disposal is in the national interest.

(2) Timing.— To the greatest extent practicable, the head of the agency shall make the determination in sufficient time to allow for the transfer or other disposal and use of medical materials or supplies before their shelf life expires and they are rendered unfit for human use.

(b) Transfer or Exchange.—

(1) In general.— In accordance with regulations the Administrator of General Services prescribes, medical materials or supplies considered excess property may be transferred to another federal agency or exchanged with another federal agency for other medical materials or supplies.

(2) Use of proceeds.— Any proceeds derived from a transfer under this section may be credited to the current applicable appropriation or fund of the transferor agency and shall be available only to purchase medical materials or supplies to be held for national emergency purposes.

(3) Disposal as surplus property.— If the materials or supplies are not transferred to or exchanged with another federal agency, they shall be disposed of as surplus property.

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(a) Excess Property Determination.—

(1) In general.— Medical materials or supplies an executive agency holds for national emergency purposes are considered excess property for purposes of subchapter II when the head of the agency determines that—

(A) the remaining storage or shelf life is too short to justify continued retention for national emergency purposes; and

(B) transfer or other disposal is in the national interest.

(2) Timing.— To the greatest extent practicable, the head of the agency shall make the determination in sufficient time to allow for the transfer or other disposal and use of medical materials or supplies before their shelf life expires and they are rendered unfit for human use.

(b) Transfer or Exchange.—

(1) In general.— In accordance with regulations the Administrator of General Services prescribes, medical materials or supplies considered excess property may be transferred to another federal agency or exchanged with another federal agency for other medical materials or supplies.

(2) Use of proceeds.— Any proceeds derived from a transfer under this section may be credited to the current applicable appropriation or fund of the transferor agency and shall be available only to purchase medical materials or supplies to be held for national emergency purposes.

(3) Disposal as surplus property.— If the materials or supplies are not transferred to or exchanged with another federal agency, they shall be disposed of as surplus property.

Source

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1081.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
505	40:481(e).	June 30, 1949, ch. 288, title II, § 201(e), as added Pub. L. 91–426, § 1, Sept. 26, 1970, 84 Stat. 883.

In subsection (a)(2), the words “holding such medical materials or supplies” and “provided for in the first sentence of this subsection” are omitted as unnecessary because of the reorganization of the revised section. The words “in sufficient time to allow for” are substituted for “at such times as to insure . . . in sufficient time” for clarity and to eliminate unnecessary words.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, May 29, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

Multiple entries for a section are listed most recent first, within the section.

The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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40 USC	Description of Change	Session Year	Public Law	Statutes at Large

40 USC § 505 - Exchange or transfer of medical supplies

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