Title 40, Public Buildings, Property, and WorksRelease 119-110

§505 Exchange or Transfer of Medical Supplies

Title 40 › SUBTITLE I — FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES › CHAPTER 5 — PROPERTY MANAGEMENT › SUBCHAPTER I — PROCUREMENT AND WAREHOUSING › § 505

Last updated Sep 22, 2026|Official source

Summary

Agency heads must declare emergency medical supplies excess when they won't last long enough for emergency use and moving or disposing of them serves the national interest. The decision should happen early enough to allow transfer or use before the items expire. Following rules set by the Administrator of General Services, excess supplies can be transferred or swapped with other federal agencies. Money from transfers goes back to the agency’s fund and can only buy more emergency medical supplies. If no federal agency takes them, the items become surplus property.

Full Legal Text

Title 40, §505

Public Buildings, Property, and Works, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 50540:481(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.

Reference

Citations & Metadata

Citation

40 U.S.C. § 505

Title 40, Public Buildings, Property, and Works

Last Updated

Sep 22, 2026

Release point: 119-110