1995 U.S. Code
Title 2 - THE CONGRESS
CHAPTER 4 - OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF REPRESENTATIVES
Sec. 117e - Disposal of used or surplus furniture and equipment by Clerk of House; procedure; deposit of receipts

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§117e. Disposal of used or surplus furniture and equipment by Clerk of House; procedure; deposit of receipts

(1) The Clerk of the House of Representatives may dispose of used equipment of the House of Representatives, by trade-in or sale, directly or through the General Services Administration. Any direct disposal under the preceding sentence shall be in accordance with normal business practice and shall be at fair market value. Receipts from disposals under the first sentence of this section (together with receipts from sale of transcripts, waste paper and other items provided by law, and receipts for missing or damaged equipment) shall be deposited in the Treasury for credit to the appropriate account under the appropriation for “allowances and expenses” under the heading “Contingent Expenses of the House”, and shall be available for expenditure in accordance with applicable law.

(2) If disposal in accordance with paragraph (1) is not feasible because of age, location, condition, or any other relevant factor, the Clerk may donate the equipment to the government of a State, to a local government, or to an organization that is described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of title 26. A donation under this paragraph—

(A) shall be at no cost to the Government; and

(B) may be made only if the used equipment has no recoverable value because disposal in accordance with paragraph (1), under the most favorable terms available to the Government, would result in a loss to the Government.

(3) The Committee on House Administration of the House of Representatives shall have authority to prescribe regulations to carry out this subsection.

(4) As used in this section—

(A) the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States; and

(B) the term “used equipment” means such used or surplus equipment (including furniture and motor vehicles) as the Committee on House Administration of the House of Representatives may prescribe by regulation.

(Pub. L. 99–500, §101(j), Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 3341–287; Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425; Pub. L. 101–163, title I, §103(a), Nov. 21, 1989, 103 Stat. 1049.)

Codification

Section is based on section 104(a) of title I of H.R. 5203 (see House Report 99–805 as filed in the House on Aug. 15, 1986), as incorporated by reference in section 101(j) of Pub. L. 99–500 and 99–591, as amended by Pub. L. 100–71, to be effective as if enacted into law.

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Amendments

1989—Par. (1). Pub. L. 101–163, §103(a)(1), (2), designated existing provisions as par. (1) and struck out at end “As used in this section, the term ‘used equipment’ means such used or surplus equipment (including furniture and motor vehicles) as the Committee on House Administration of the House of Representatives may prescribe by regulation.”

Pars. (2) to (4). Pub. L. 101–163, §103(a)(3), added pars. (2) to (4).

Prior Provisions

Provisions similar to those in part (1) of this section relating to disposition of receipts from sales of copies of transcripts were contained in former section 84b of this title.

Change of Name

Committee on House Administration of House of Representatives treated as referring to Committee on House Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of this title.

Effective Date of 1989 Amendment

Section 103(c) of Pub. L. 101–163 provided that: “The amendments made by subsection (a) [amending this section] and the repeal made by subsection (b) [repealing section 59a of this title] shall take effect on October 1, 1989.”

Effective Date of 1987 Amendment

Pub. L. 100–71 provided that the amendment made by Pub. L. 100–71 is effective Oct. 18, 1986.

Effective Date

Section 104(c) of title I of H.R. 5203 (see House Report 99–805 as filed in the House on Aug. 15, 1986), as incorporated by reference in section 101(j) of Pub. L. 99–500 and 99–591, as amended by Pub. L. 100–71, to be effective as if enacted into law, provided that: “This section and the amendment made by this section [enacting section 117e of this title and amending section 84b of this title] shall take effect on October 1, 1986.”

Transfer of Functions

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.