Page:United States Statutes at Large Volume 116 Part 2.djvu/322

 116 STAT. 1104 PUBLIC LAW 107-217—AUG. 21, 2002 (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 mgdntain a situation inconsistent with antitrust law. (2) EXCEPTION.— T h is section does not apply to disposal of— (A) real property, if the estimated fair market value is less than $3,000,000; or (B) personed property (other than a patent, process, technique, 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 disposing 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 Einy 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 appropriate or necessary to— (1) give advice required by this section; or (2) determine whether any other disposition or proposed disposition 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 subchapter, 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.

�