2021 US Code
Title 40 - Public Buildings, Property, and Works
Subtitle I - Federal Property and Administrative Services
Chapter 7 - Foreign Excess Property
Sec. 705 - Handling of proceeds from disposal

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Citation 40 U.S.C. § 705 (2021)
Section Name §705. Handling of proceeds from disposal
Section Text

(a) In General.—This section applies to proceeds from the sale, lease, or other disposition of foreign excess property under this chapter.

(b) Foreign Currencies or Credits.—Proceeds in the form of foreign currencies or credits, must be administered in accordance with procedures that the Secretary of the Treasury may establish.

(c) United States Currency.—

(1) Separate fund in treasury.—Section 572(a) of this title applies to proceeds of foreign excess property disposed of for United States currency under this chapter.

(2) Deposited in treasury as miscellaneous receipts.—Except as provided in paragraph (1), proceeds in the form of United States currency, including foreign currencies or credits that are reduced to United States currency, must be deposited in the Treasury as miscellaneous receipts.


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

(1) Deposits.—A federal agency that disposes of foreign excess 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(A) appropriate refunds to purchasers for dispositions that are rescinded or that do not become final; and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paragraph (1) may withdraw amounts to be refunded or paid from the account without regard to the origin of the amounts withdrawn.

Source Credit

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1127.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
705 40:513. June 30, 1949, ch. 288, title IV, §403, 63 Stat. 398.

In subsection (d)(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 section 321 of title 31.

Publication Title United States Code, 2018 Edition, Supplement 3, 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 7 - FOREIGN EXCESS PROPERTY
Sec. 705 - Handling of proceeds from disposal
Contains section 705
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 63 Stat. 398
64 Stat. 1280
116 Stat. 1127
Public Law References Public Law 107-217
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