40 USC 505 - Sec. 505. Exchange or transfer of medical supplies

40 USC - US Code - Title 40: Public Buildings, Property, and Works (January 2003)


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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.


Historical And Revision Notes

Revised Source (U.S. Code) Source (Statutes at Large) Section

505 40:481(e). June 30, 1949, ch. 288, title II, Sec. 201(e), as added Pub. L. 91-426, Sec. 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.

Section Referred To In Other Sections

This section is referred to in section 322 of this title; title 28 section 612; title 50 section 491.

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