H. R. 2068—65
§ 702. Return of foreign excess property to United States
(a) IN GENERAL.—Under regulations prescribed pursuant to sub-
section (b), foreign excess property may be returned to the United
States for handling as excess or surplus property under subchapter
II of chapter 5 of this title or section 549 or 551 of this title
when the head of the executive agency concerned, or the Adminis-
trator of General Services after consultation with the agency head,
determines that return of the property to the United States for
such handling is in the interest of the United States.
(b) REGULATIONS.—The Administrator shall prescribe regulations
to carry out this section. The regulations must require that
transportation costs for returning foreign excess property to the
United States are paid by the federal agency, state agency, or
donee receiving the property.
§ 703. Donation of medical supplies for use in foreign
country
(a) APPLICATION.—This section applies to medical materials or
supplies that are in a foreign country but that would, if situated
within the United States, be available for donation under sub-
chapter III of chapter 5 of this title.
(b) IN GENERAL.—An executive agency may donate medical mate-
rials or supplies that are not disposed of under section 702 of
this title.
(c) CONDITIONS.—A donation under this section is subject to the
following conditions:
(1) The medical materials and supplies must be donated
for use in a foreign country.
(2) The donation must be made to a nonprofit medical or
health organization, which may be an organization qualified
to receive assistance under section 214(b) or 607 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2174(b), 2357).
(3) The donation must be made without cost to the donee
(except for costs of care and handling).
§ 704. Other methods of disposal
(a) IN GENERAL.—Foreign excess property not disposed of under
section 702 or 703 of this title may be disposed of as provided
in this section.
(b) METHODS OF DISPOSAL.—
(1) SALE, EXCHANGE, LEASE, OR TRANSFER.—The head of an
executive agency may dispose of foreign excess property by
sale, exchange, lease, or transfer, for cash, credit or other
property, with or without warranty, under terms and conditions
the head of the executive agency considers proper.
(2) EXCHANGE FOR FOREIGN CURRENCY OR CREDIT.—If the
head of an executive agency determines that it is in the interest
of the United States, foreign excess property may be exchanged
for—
(A) foreign currencies or credits; or
(B) substantial benefits or the discharge of claims
resulting from the compromise or settlement of claims in
accordance with law.
(3) ABANDONMENT, DESTRUCTION, OR DONATION.—The head
of an executive agency may authorize the abandonment,
H. R. 2068—66
destruction, or donation of foreign excess property if the prop-
erty has no commercial value or if estimated costs of care
and handling exceed the estimated proceeds from sale.
(c) ADVERTISING.—The head of an executive agency may dispose
of foreign excess property without advertising if the head of the
executive agency finds that disposal without advertising is the
most practicable and advantageous means for the Federal Govern-
ment to dispose of the property.
(d) TRANSFER OF TITLE.—The head of an executive agency may
execute documents to transfer title or other interests in, and take
other action necessary or proper to dispose of, foreign excess prop-
erty.
§ 705. Handling of proceeds from disposal
(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 disposi-
tions 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.
CHAPTER 9—URBAN LAND USE
Sec.
901.
Purpose and policy.
902.
Definitions.
903.
Acquisition and use.
904.
Disposal.
905.
Waiver.
§ 901. Purpose and policy
The purpose of this chapter is to promote harmonious intergovern-
mental relations and encourage sound planning, zoning, and land
use practices by prescribing uniform policies and procedures for
the Administrator of General Services to acquire, use, and dispose
of land in urban areas. To the greatest extent practicable, urban
land transactions entered into for the General Services Administra-
tion and other federal agencies shall be consistent with zoning
H. R. 2068—67
and land use practices and with the planning and development
objectives of local governments and planning agencies.
§ 902. Definitions
In this chapter, the following definitions apply:
(1) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit
of general local government’’ means a city, county, town, parish,
village, or other general-purpose political subdivision of a State.
(2) URBAN AREA.—The term ‘‘urban area’’ means—
(A) a geographical area within the jurisdiction of an
incorporated city, town, borough, village, or other unit of
general local government, except a county or parish, having
a population of at least 10,000 inhabitants;
(B) that portion of the geographical area within the juris-
diction of a county, town, township, or similar governmental
entity which contains no incorporated unit of general local
government but has a population density of at least 1,500
inhabitants per square mile; and
(C) that portion of a geographical area having a popu-
lation density of at least 1,500 inhabitants per square
mile and situated adjacent to the boundary of an incor-
porated unit of general local government which has a popu-
lation of at least 10,000.
§ 903. Acquisition and use
(a) NOTICE TO LOCAL GOVERNMENT.—To the extent practicable,
before making a commitment to acquire real property situated
in an urban area, the Administrator of General Services shall
give notice of the intended acquisition and the proposed use of
the property to the unit of general local government exercising
zoning and land use jurisdiction. If the Administrator determines
that providing advance notice would adversely impact the acquisi-
tion, the Administrator shall give notice of the acquisition and
the proposed use of the property immediately after the property
is acquired.
(b) OBJECTIONS
TO ACQUISITION
OR CHANGE
OF USE.—In the
acquisition or change of use of real property situated in an urban
area as a site for public building, if the unit of general local
government exercising zoning and land use jurisdiction objects on
grounds that the proposed acquisition or change of use conflicts
with zoning regulations or planning objectives, the Administrator
shall, to the extent the Administrator determines is practicable,
consider all the objections and comply with the zoning regulations
and planning objectives.
§ 904. Disposal
(a) NOTICE TO LOCAL GOVERNMENT.—Before offering real property
situated in an urban area for sale, the Administrator of General
Services shall give reasonable notice to the unit of general local
government exercising zoning and land use jurisdiction in order
to provide an opportunity for zoning so that the property is used
in accordance with local comprehensive planning described in sub-
section (c).
(b) NOTICE TO PROSPECTIVE PURCHASERS.—To the greatest extent
practicable, the Administrator shall furnish to all prospective pur-
chasers of real property situated in an urban area complete informa-
tion concerning—
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(1) current zoning regulations, prospective zoning require-
ments, and objectives for property if it is unzoned; and
(2)(A) the current availability of streets, sidewalks, sewers,
water, street lights, and other service facilities; and
(B) the prospective availability of those service facilities if
the property is included in local comprehensive planning
described in subsection (c).
(c) LOCAL
COMPREHENSIVE
PLANNING.—Local comprehensive
planning referred to in subsections (a) and (b) includes any of
the following activities, to the extent the activity is directly related
to the needs of a unit of general local government:
(1) As a guide for government policy and action, preparing
general plans related to—
(A) the pattern and intensity of land use;
(B) the provision of public facilities (including transpor-
tation facilities) and other government services; and
(C) the effective development and use of human and
natural resources.
(2) Preparing long-range physical and fiscal plans for govern-
ment action.
(3) Programming capital improvements and other major
expenditures, based on a determination of relative urgency,
together with definitive financial planning for expenditures in
the earlier years of a program.
(4) Coordinating related plans and activities of state and
local governments and agencies.
(5) Preparing regulatory and administrative measures to sup-
port activities described in this subsection.
§ 905. Waiver
The procedures prescribed in sections 903 and 904 of this title
may be waived during a period of national emergency proclaimed
by the President.
CHAPTER 11—SELECTION OF ARCHITECTS AND
ENGINEERS
Sec.
1101.
Policy.
1102.
Definitions.
1103.
Selection procedure.
1104.
Negotiation of contract.
§ 1101. Policy
The policy of the Federal Government is to publicly announce
all requirements for architectural and engineering services and
to negotiate contracts for architectural and engineering services
on the basis of demonstrated competence and qualification for the
type of professional services required and at fair and reasonable
prices.
§ 1102. Definitions
In this chapter, the following definitions apply:
(1) AGENCY HEAD.—The term ‘‘agency head’’ means the head
of a department, agency, or bureau of the Federal Government.
(2) ARCHITECTURAL AND ENGINEERING SERVICES.—The term
‘‘architectural and engineering services’’ means—
(A) 
professional 
services 
of 
an 
architectural 
or
engineering nature, as defined by state law, if applicable,