40 U.S.C. § 574: Other rules regarding proceeds

Summary

Money from selling certain federal property must go back to the fund that paid for it or to the agency that declared it excess. The amount counted is the sale money minus any costs to sell or care for the item. If figuring that net amount is too hard or not worth it, the money goes to miscellaneous receipts. An agency can put some sale money into a special Treasury account to cover refunds to buyers or warranty claims, and it can use that account to pay those amounts no matter where the money originally came from. If a contract lets a contractor keep sale money as a credit against contract costs, the contract rules control. An agency can accept property instead of cash if the President finds the property is strategic or critical; that property is worth the market price when the cash would be due. The General Services Administrator must manage any credit, lease, or permit and can enforce or settle the Government’s rights.

Title 40, §574

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

(a)Credit to Reimbursable Fund or Appropriation.—

(1)Application.—

This subsection applies to property acquired with amounts—

(A)not appropriated from the general fund of the Treasury; or

(B)appropriated from the general fund of the Treasury but by law reimbursable from assessment, tax, or other revenue or receipts.

(2)In general.—

The net proceeds of a disposition or transfer of property described in paragraph (1) shall be—

(A)credited to the applicable reimbursable fund or appropriation; or

(B)paid to the federal agency that determined the property to be excess.

(3)Calculation of net proceeds.—

For purposes of this subsection, the net proceeds of a disposition or transfer of property are the proceeds less all expenses incurred for the disposition or transfer, including care and handling.

(4)Alternative credit to miscellaneous receipts.—

If the agency that determined the property to be excess decides that it is uneconomical or impractical to ascertain the amount of net proceeds, the proceeds shall be credited to miscellaneous receipts.

(b)Special Account for Refunds or Payments for Breach.—

(1)Deposits.—

A federal agency that disposes of surplus property under this chapter may deposit, in a special account in the Treasury, amounts of the proceeds of the dispositions that the agency decides are necessary to permit—

(A)appropriate refunds to purchasers for dispositions that are rescinded or that do not become final; and

(B)payments for breach of warranty.

(2)Withdrawals.—

A federal agency that deposits proceeds in a special account under paragraph (1) may withdraw amounts to be refunded or paid from the account without regard to the origin of the amounts withdrawn.

(c)Credit to Cost of Contractor’s Work.—

If a contract made by an executive agency, or a subcontract under that contract, authorizes the proceeds of a sale of property in the custody of a contractor or subcontractor to be credited to the price or cost of work covered by the contract or subcontract, then the proceeds of the sale shall be credited in accordance with the contract or subcontract.

(d)Acceptance of Property Instead of Cash.—

An executive agency entitled to receive cash under a contract for the lease, sale, or other disposition of surplus property may accept property instead of cash if the President determines that the property is strategic or critical material. The property is valued at the prevailing market price when the cash payment becomes due.

(e)Management of Credit, Leases, and Permits.—

For a disposition of surplus property under this chapter, if credit has been extended, or if the disposition has been by lease or permit, the Administrator of General Services, in a manner and on terms the Administrator determines are in the best interest of the Federal Government—

(1)shall administer and manage the credit, lease, or permit, and any security for the credit, lease, or permit; and

(2)may enforce, adjust, and settle any right of the Government with respect to the credit, lease, or permit.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 574(a)40:485(c).June 30, 1949, ch. 288, title II, § 204(c)–(g), formerly § 204(b)–(f), 63 Stat. 389; redesignated § 204(c)–(g), Aug. 31, 1954, ch. 1178, § 1(a), 68 Stat. 1051; Pub. L. 96–41, § 3(d), July 30, 1979, 93 Stat. 325. 574(b)40:485(d). 574(c)40:485(e). 574(d)40:485(f). 574(e)40:485(g). In subsection (b)(1), the words “in the Treasury” are substituted for “with the Treasurer of the United States” because of section 1 of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat. 1280), restated as 31:321. In subsection (e), the words “or by War Assets Administration (or its predecessor agencies) under the Surplus Property Act of 1944” are omitted because the War Assets Administration was abolished and its functions were transferred to the General Services Administration by section 105 of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 381).

Executive Documents

Delegation of Functions Functions of President under subsec. (f) of section 485 of former Title 40, Public Buildings, Property, and Works (which was repealed and reenacted as subsec. (d) of this section by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304), delegated to Secretary of Defense, see section 3 of Ex. Ord. No. 12626, Feb. 25, 1988, 53 F.R. 6114, set out as a note under section 98 of Title 50, War and National Defense.

§574 Other Rules Regarding Proceeds

Summary

Title 40, §574

Notes & Related Subsidiaries

Historical and Revision Notes

Executive Documents

Citations & Metadata