§ 117e. — Disposal of used or surplus furniture and equipment by Chief Administrative Officer of House; procedure; deposit of receipts.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 2USC117e]
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 Chief Administrative Officer of House; procedure; deposit of
receipts
(1) The Chief Administrative Officer 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 of the
House of Representatives, and shall be available for expenditure in
accordance with applicable law. For purposes of the previous sentence,
in the case of receipts from the sale or disposal of any audio or video
transcripts prepared by the House Recording Studio, the ``appropriate
account of the House of Representatives'' shall be the account of the
Chief Administrative Officer of the House of Representatives.
(2) If disposal in accordance with paragraph (1) is not feasible
because of age, location, condition, or any other relevant factor, the
Chief Administrative Officer 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. Except as provided in paragraph (3), 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)(A) In the case of computer-related equipment, during fiscal year
1998 the Chief Administrative Officer may donate directly the equipment
to a public elementary or secondary school of the District of Columbia
without regard to whether the donation meets the requirements of the
second sentence of paragraph (2), except that the total number of
workstations donated as a result of this paragraph may not exceed 1,000.
(B) In this paragraph--
(i) the term ``computer-related equipment'' includes desktops,
laptops, printers, file servers, and peripherals which are
appropriate for use in public school education;
(ii) the terms ``public elementary school'' and ``public
secondary school'' have the meaning given such terms in section 7801
of title 20; and
(iii) the term ``workstation'' includes desktops and
peripherals, file servers and peripherals, laptops and peripherals,
printers and peripherals, and workstations and peripherals.
(C) The Committee on House Oversight shall have authority to issue
regulations to carry out this paragraph.
(4) The Committee on House Oversight of the House of Representatives
shall have authority to prescribe regulations to carry out this
subsection.
(5) 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 Oversight of the House of Representatives may prescribe by
regulation.
(Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat. 1783-287, and
Pub. L. 99-591, Sec. 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,
Sec. 103(a), Nov. 21, 1989, 103 Stat. 1049; Pub. L. 104-186, title II,
Sec. 204(63), Aug. 20, 1996, 110 Stat. 1739; Pub. L. 105-55, title I,
Sec. 106, Oct. 7, 1997, 111 Stat. 1184; Pub. L. 107-68, title I,
Sec. 114(a), Nov. 12, 2001, 115 Stat. 572; Pub. L. 107-110, title X,
Sec. 1076(b), Jan. 8, 2002, 115 Stat. 2091.)
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
2002--Par. (3)(B)(ii). Pub. L. 107-110 substituted ``7801'' for
``8801''.
2001--Par. (1). Pub. L. 107-68, in third sentence, substituted ``for
credit to the appropriate account of the House of Representatives, and
shall be available for expenditure in accordance with applicable law.
For purposes of the previous sentence, in the case of receipts from the
sale or disposal of any audio or video transcripts prepared by the House
Recording Studio, the `appropriate account of the House of
Representatives' shall be the account of the Chief Administrative
Officer of the House of Representatives'' for ``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''.
1997--Par. (2). Pub. L. 105-55, Sec. 106(1), substituted ``Except as
provided in paragraph (3), a donation'' for ``A donation'' in second
sentence of introductory provisions.
Pars. (3) to (5). Pub. L. 105-55, Sec. 106(2), (3), added par. (3)
and redesignated former pars. (3) and (4) as (4) and (5), respectively.
1996--Pars. (1), (2). Pub. L. 104-186, Sec. 204(63)(A), substituted
``Chief Administrative Officer'' for ``Clerk''.
Pars. (3), (4)(B). Pub. L. 104-186, Sec. 204(63)(B), substituted
``House Oversight'' for ``House Administration''.
1989--Par. (1). Pub. L. 101-163, Sec. 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, Sec. 103(a)(3), added pars. (2)
to (4).
Change of Name
Committee on House Oversight of House of Representatives changed to
Committee on House Administration of House of Representatives by House
Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive programs, see
section 5 of Pub. L. 107-110, set out as an Effective Date note under
section 6301 of Title 20, Education.
Effective Date of 2001 Amendment
Pub. L. 107-68, title I, Sec. 114(b), Nov. 12, 2001, 115 Stat. 572,
provided that: ``The amendment made by subsection (a) [amending this
section] shall apply with respect to fiscal year 2002 and each
succeeding fiscal year.''
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.''
Similar Provisions
Provisions similar to those in par. (1) of this section relating to
disposition of receipts from sales of copies of transcripts were
contained in former section 84b of this title.
