H. R. 2068—40
the Administrator, or the Secretary of Defense in the case of prop-
erty located at a military installation closed or realigned pursuant
to a base closure law, may assign to the Secretary of Transportation
for disposal surplus real property, including buildings, fixtures,
and equipment situated on the property, that the Secretary of
Transportation recommends as needed for the development or oper-
ation of a port facility.
(c) AUTHORITY FOR CONVEYANCE BY THE SECRETARY OF TRANSPOR-
TATION.
(1) IN GENERAL.—Subject to disapproval by the Administrator
or the Secretary of Defense within 30 days after notice of
a proposed conveyance by the Secretary of Transportation, the
Secretary of Transportation, for the development or operation
of a port facility, may convey property assigned to the Secretary
of Transportation under subsection (b) to a State or political
subdivision, municipality, or instrumentality of a State.
(2) CONVEYANCE REQUIREMENTS.—A transfer of property may
be made under this section only after the Secretary of Transpor-
tation has—
(A) determined, after consultation with the Secretary
of Labor, that the property to be conveyed is located in
an area of serious economic disruption;
(B) received and, after consultation with the Secretary
of Commerce, approved an economic development plan sub-
mitted by an eligible grantee and based on assured use
of the property to be conveyed as part of a necessary
economic development program; and
(C) transmitted to Congress an explanatory statement
that contains information substantially similar to the
information contained in statements prepared under sec-
tion 545(e) of this title.
(d) NO MONETARY CONSIDERATION.—A conveyance under this sec-
tion shall be made without monetary consideration to the Federal
Government.
(e) DEED OF CONVEYANCE.—The deed of conveyance of any surplus
real and related personal property disposed of under this section
shall—
(1) provide that all of the property be used and maintained
for the purpose for which it was conveyed in perpetuity, and
that if the property ceases to be used or maintained for that
purpose, all or any portion of the property shall, in its then
existing condition, at the option of the Government, revert
to the Government; and
(2) contain additional terms, reservations, restrictions, and
conditions that the Secretary of Transportation shall by regula-
tion require to ensure use of the property for the purposes
for which it was conveyed and to safeguard the interests of
the Government.
(f) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING
PROPERTY UNDER THIS SECTION.—The Secretary of Transportation
shall determine and enforce compliance with the terms, conditions,
reservations, and restrictions contained in an instrument by which
a transfer or conveyance under this section is made. The Secretary
shall reform, correct, or amend the instrument if necessary to
correct the instrument or to conform the transfer to the require-
ments of law. The Secretary shall grant a release from any term,
condition, reservation or restriction contained in the instrument,
H. R. 2068—41
and shall convey, quitclaim, or release to the grantee any right
or interest reserved to the Government by the instrument, if the
Secretary determines that the property no longer serves the purpose
for which it was transferred or that a release, conveyance, or
quitclaim deed will not prevent accomplishment of that purpose.
The release, conveyance, or quitclaim deed may be made subject
to terms and conditions that the Secretary considers necessary
to protect or advance the interests of the Government.
§ 555. Donation of law enforcement canines to handlers
The head of a federal agency having control of a canine that
has been used by a federal agency in the performance of law
enforcement duties and that has been determined by the agency
to be no longer needed for official purposes may donate the canine
to an individual who has experience handling canines in the
performance of those duties.
§ 556. Disposal of dredge vessels
(a) IN GENERAL.—The Administrator of General Services, pursu-
ant to sections 521 through 527, 529, and 549 of this title, may
dispose of a United States Army Corps of Engineers vessel used
for dredging, together with related equipment owned by the Federal
Government and under the control of the Chief of Engineers, if
the Secretary of the Army declares the vessel to be in excess
of federal needs.
(b) RECIPIENTS AND PURPOSES.—Disposal under this section is
accomplished—
(1) through sale or lease to—
(A) a foreign government as part of a Corps of Engineers
technical assistance program;
(B) a federal or state maritime academy for training
purposes; or
(C) a non-federal public body for scientific, educational,
or cultural purposes; or
(2) through sale solely for scrap to foreign or domestic
interests.
(c) NO DREDGING ACTIVITIES.—A vessel described in subsection
(a) shall not be disposed of under any law for the purpose of
engaging in dredging activities within the United States.
(d) DEPOSIT OF AMOUNTS COLLECTED.—Amounts collected from
the sale or lease of a vessel or equipment under this section shall
be deposited into the revolving fund authorized by section 101
(9th par.) of the Civil Functions Appropriation Act, 1954 (33 U.S.C.
576), to be available, as provided in appropriation laws, for the
operation and maintenance of vessels under the control of the
Corps of Engineers.
§ 557. Donation of books to Free Public Library
Subject to regulations under this subtitle, a book that is no
longer needed by an executive department, bureau, or commission
of the Federal Government, and that is not an advisable addition
to the Library of Congress, shall be turned over to the Free Public
Library of the District of Columbia for general use if the book
is appropriate for the Free Public Library.
H. R. 2068—42
§ 558. Donation of forfeited vessels
(a) IN GENERAL.—A vessel that is forfeited to the Federal Govern-
ment may be donated, in accordance with procedures under this
subtitle, to an eligible institution described in subsection (b).
(b) ELIGIBLE INSTITUTION.—An eligible institution referred to in
subsection (a) is an educational institution with a commercial
fishing vessel safety program or other vessel safety, education and
training program. The institution must certify to the federal officer
making the donation that the program includes, at a minimum,
all of the following courses in vessel safety:
(1) Vessel stability.
(2) Firefighting.
(3) Shipboard first aid.
(4) Marine safety and survival.
(5) Seamanship rules of the road.
(c) TERMS
AND CONDITIONS.—The donation of a vessel under
this section shall be made on terms and conditions considered
appropriate by the federal officer making the donation. All of the
following terms and conditions are required:
(1) NO WARRANTY.—The institution must accept the vessel
as is, where it is, and without warranty of any kind and
without any representation as to its condition or suitability
for use.
(2) 
MAINTENANCE.—The 
institution 
is 
responsible 
for
maintaining the vessel.
(3) INSTRUCTION ONLY.—The vessel may be used only for
instructing students in a vessel safety education and training
program.
(4) DOCUMENTATION.—If the vessel is eligible to be docu-
mented, it must be documented by the institution as a vessel
of the United States under chapter 121 of title 46. The require-
ments of paragraph (5) must be noted on the permanent record
of the vessel.
(5) DISPOSAL.—The institution must obtain prior approval
from the Administrator of General Services before disposing
of the vessel and any proceeds from disposal shall be payable
to the Government.
(6) INSPECTION
OR
REGULATION.—The vessel shall be
inspected or regulated in the same manner as a nautical school
vessel under chapter 33 of title 46.
(d) GOVERNMENT LIABILITY.—The Government is not liable in
an action arising out of the transfer or use of a vessel transferred
under this section.
§ 559. Advice of Attorney General with respect to antitrust
law
(a) DEFINITION.—In this section, the term ‘‘antitrust law’’
includes—
(1) the Sherman Act (15 U.S.C. 1 et seq.);
(2) the Clayton Act (15 U.S.C. 12 et seq., 29 U.S.C. 52,
53);
(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);
and
(4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C.
8, 9).
(b) ADVICE REQUIRED.—
H. R. 2068—43
(1) IN GENERAL.—An executive agency shall not dispose of
property to a private interest until the agency has received
the advice of the Attorney General on whether the disposal
to a private interest would tend to create or maintain a situa-
tion inconsistent with antitrust law.
(2) EXCEPTION.—This section does not apply to disposal of—
(A) real property, if the estimated fair market value
is less than $3,000,000; or
(B) personal property (other than a patent, process, tech-
nique, or invention), if the estimated fair market value
is less than $3,000,000.
(c) NOTICE TO ATTORNEY GENERAL.—
(1) IN GENERAL.—An executive agency that contemplates dis-
posing of property to a private interest shall promptly transmit
notice of the proposed disposal, including probable terms and
conditions, to the Attorney General.
(2) COPY.—Except for the General Services Administration,
an executive agency that transmits notice under paragraph
(1) shall simultaneously transmit a copy of the notice to the
Administrator of General Services.
(d) ADVICE FROM ATTORNEY GENERAL.—Within a reasonable time,
not later than 60 days, after receipt of notice under subsection
(c), the Attorney General shall advise the Administrator and any
interested executive agency whether, so far as the Attorney General
can determine, the proposed disposition would tend to create or
maintain a situation inconsistent with antitrust law.
(e) REQUEST FOR INFORMATION.—On request from the Attorney
General, the head of an executive agency shall furnish information
the agency possesses that the Attorney General determines is appro-
priate or necessary to—
(1) give advice required by this section; or
(2) determine whether any other disposition or proposed dis-
position of surplus property violates antitrust law.
(f) NO EFFECT ON ANTITRUST LAW.—This subtitle does not impair,
amend, or modify antitrust law or limit or prevent application
of antitrust law to a person acquiring property under this subtitle.
SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER
§ 571. General rules for deposit and use of proceeds
(a) DEPOSIT IN TREASURY AS MISCELLANEOUS RECEIPTS.—
(1) IN GENERAL.—Except as otherwise provided in this sub-
chapter, proceeds described in paragraph (2) shall be deposited
in the Treasury as miscellaneous receipts.
(2) PROCEEDS.—The proceeds referred to in paragraph (1)
are proceeds under this chapter from a—
(A) transfer of excess property to a federal agency for
agency use; or
(B) sale, lease, or other disposition of surplus property.
(b) PAYMENT OF EXPENSES OF SALE BEFORE DEPOSIT.—Subject
to regulations under this subtitle, the expenses of the sale of old
material, condemned stores, supplies, or other public property may
be paid from the proceeds of sale so that only the net proceeds
are deposited in the Treasury. This subsection applies whether
proceeds are deposited as miscellaneous receipts or to the credit
of an appropriation as authorized by law.