2013 US Code
Title 40 - Public Buildings, Property, and Works
Subtitle I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES (§§ 101 - 1315)
Chapter 13 - PUBLIC PROPERTY (§§ 1301 - 1315)
Section 1306 - Disposition of abandoned or forfeited personal property
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY Sec. 1306 - Disposition of abandoned or forfeited personal property |
Contains | section 1306 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1134. |
Statutes at Large References | 49 Stat. 879, 880 63 Stat. 380 67 Stat. 577 84 Stat. 1242, 1293 116 Stat. 1134 |
Public Law References | Public Law 91-513, Public Law 107-217 |
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(a)
(1)
(2)
(b)
(1) order the agency to deliver the property to another agency that requests the property and that the Administrator believes should be given the property; or
(2) order disposal of the property as otherwise provided by law.
(c)
(1)
(2)
(A) if not ordered by competent authority to be returned to any claimant, or disposed of as otherwise provided by law, shall be delivered by the agency, on order of the Administrator given within a reasonable time, to another agency that requests the property and that the Administrator believes should be given the property; or
(B) on order of the Administrator given within a reasonable time, shall be disposed of as otherwise provided by law.
(d)
(1)
(2)
(A)
(B)
(C)
(D)
(i) deliver the property to another agency that requests the property and that the Administrator believes should be given the property; or
(ii) dispose of the property as otherwise provided by law.
(3)
(4)
(e)
(f)
(1)
(A) the payment of expenses of operation, maintenance, and repair of property of the same kind the agency receives under this section for official use;
(B) the payment of a lien recognized and allowed under law;
(C) the payment of amounts found to be due a person on the authorized remission or mitigation of a forfeiture; and
(D) reimbursement of other agencies as provided in paragraph (2).
(2)
(g)
(h)
(1)
(2)
(3)
(A) narcotic drugs, as defined in the Controlled Substances Act (21 U.S.C. 801 et seq.).
(B) firearms, as defined in section 5845 of the Internal Revenue Code of 1986 (26 U.S.C. 5845).
(C) other classes or kinds of property the disposal of which the Administrator, with the approval of the Secretary, may consider in the public interest, and may by regulation provide.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1134.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1306(a) | 40:304f. | Aug. 27, 1935, ch. 740, title III, §§301–307, 49 Stat. 879. |
1306(b) | 40:304g. | |
1306(c) | 40:304h. | |
1306(d) | 40:304i. | |
1306(e) | 40:304k. | |
1306(f) | 40:304j. | |
1306(g) | 40:304l (related to report). | |
1306(h)(1) | 40:304l (related to regulations). | |
1306(h)(2), (3) | 40:304m. | Aug. 27, 1935, ch. 740, title III, §308, 49 Stat. 880; Pub. L. 91–513, title III, §1102(o), Oct. 27, 1970, 84 Stat. 1293. |
In this section, the words "Administrator" and "Administrator of General Services" are substituted for "Director" and "Director of the Procurement Division of the Treasury Department of the United States" [subsequently changed to "Bureau of Federal Supply" by regulation §5.7 of subpart A of Part 5 of Title 41, Public Contracts, eff. January 1, 1947, 11 F. R. 13636] because of section 102(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(a)(1) of the revised title.
In subsection (a), the text of 40:304f(3) is omitted because the complete name of the Administrator of General Services is used the first time the term appears in a section.
In subsection (c)(1), the words "(including advertisement for sale, and sale)" are omitted as unnecessary.
In subsection (d)(3), the words "as provided in paragraph (2)" are substituted for "accordingly" for clarity.
In subsection (g), the words "from time to time" are omitted as unnecessary.
In subsection (h)(2), the words "which were enacted prior to August 27, 1935" are added for clarity.
In subsection (h)(3), the text of 40:304m(1) is omitted because section 4 of the Act of June 15, 1917 (22:404) was repealed by section 2 of the Act of August 13, 1953 (ch. 434, 67 Stat. 577). In subclause (C), the words "the disposal of which" are substituted for "as" for clarity.
REFERENCES IN TEXTThe Controlled Substances Act, referred to in subsec. (h)(3)(A), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified principally to subchapter I (§801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.
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