7 U.S.C. § 2241a — Exchange or sale authority
submitted 18 years ago by Pub. L. 103-354 to r/title-7-AGRICULTURE · 178 words · no verdicts yet
For Department of Agriculture research, the Secretary may exchange, sell, or otherwise dispose of qualified animals, plants, and their products and reuse the proceeds for acquiring or caring for them, subject to an exception for free dissemination of new seeds and germplasm.
(a) “Qualified item of personal property” means (1) an animal, (2) an animal product, (3) a plant, or (4) a plant product. (b) Except as subsection (c) provides and despite title 40’s general property rules, the Secretary, through the Under Secretary for Research, Education, and Economics, may exchange, sell, or otherwise dispose of such an item, including at public auction, while managing property for Department research. The Secretary may retain and use the proceeds, without another appropriation and without a fiscal-year limit, to acquire another qualified item or pay all or part of maintenance, care, or feeding costs. (c) This authority does not apply to freely distributing new seed varieties and germplasm under section 2201.
In this section, the term “qualified item of personal property” means—
an animal;
an animal product;
a plant; or
a plant product.
Except as provided in subsection (c), notwithstanding chapter 5 of subtitle I of title 40, the Secretary, acting through the Under Secretary for Research, Education, and Economics, in managing personal property for the purpose of carrying out the research functions of the Department, may exchange, sell, or otherwise dispose of any qualified item of personal property, including by way of public auction, and may retain and apply the sale or other proceeds, without further appropriation and without fiscal year limitation, in whole or in partial payment—
to acquire any qualified item of personal property; or
to offset costs related to the maintenance, care, or feeding of any qualified item of personal property.
Subsection (b) does not apply to the free dissemination of new varieties of seeds and germplasm in accordance with section 2201 of this title.
Source credit: (Pub. L. 103–354, title III, § 307, as added Pub. L. 110–234, title VII, § 7408, May 22, 2008, 122 Stat. 1252, and Pub. L. 110–246, § 4(a), title VII, § 7408, June 18, 2008, 122 Stat. 1664, 2013; amended Pub. L. 113–79, title VII, § 7605, Feb. 7, 2014, 128 Stat. 912.)
- 2008Enacted · Pub. L. 103-354 · 122 Stat. 1252
- 2014Amended · Pub. L. 113-79 · 128 Stat. 912
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-354 on 2008-05-22.
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