US (United States) Code. Title 10. Subtitle B. Part IV. Chapter 439: Sale of serviceable material

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 439 - SALE OF SERVICEABLE MATERIAL 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 439 - SALE OF SERVICEABLE MATERIAL

.

-HEAD-

CHAPTER 439 - SALE OF SERVICEABLE MATERIAL

-MISC1-

Sec.

4621. Quartermaster supplies: members of armed forces; veterans;

executive or military departments and employees; prices.

4622. Rations: commissioned officers in field.

(4623. Repealed.)

4624. Medical supplies: civilian employees of the Army; American

National Red Cross; Armed Forces Retirement Home.

4625. Ordnance property: officers of armed forces; civilian

employees of Army; American National Red Cross; educational

institutions; homes for veterans' orphans.

4626. Aircraft supplies and services: foreign military or air

attacheAE1.

4627. Supplies: educational institutions.

4628. Airplane parts and accessories: civilian flying schools.

4629. Proceeds: disposition.

AMENDMENTS

1990 - Pub. L. 101-510, div. A, title XV, Sec. 1533(a)(5)(C),

Nov. 5, 1990, 104 Stat. 1734, amended item 4624 generally,

substituting ''Armed Forces Retirement Home'' for ''Soldiers' and

Airmen's Home''.

1980 - Pub. L. 96-513, title V, Sec. 512(18)(C), Dec. 12, 1980,

94 Stat. 2930, inserted ''and Airmen's'' after ''Soldiers' '' in

item 4624.

1970 - Pub. L. 91-482, Sec. 2B, Oct. 21, 1970, 84 Stat. 1082,

struck out item 4623 ''Tobacco: enlisted members of Army''.

-CITE-

10 USC Sec. 4621 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 439 - SALE OF SERVICEABLE MATERIAL

-HEAD-

Sec. 4621. Quartermaster supplies: members of armed forces;

veterans; executive or military departments and employees;

prices

-STATUTE-

(a) The Secretary of the Army shall procure and sell, for cash or

credit -

(1) articles specified by the Secretary of the Army or a person

designated by him, to members of the Army; and

(2) items of individual clothing and equipment, to officers of

the Army, under such restrictions as the Secretary may proscribe.

An account of sales on credit shall be kept and the amount due

reported to any branch, office, or officer designated by the

Secretary. Except for articles and items acquired through the use

of working capital funds under section 2208 of this title, sales of

articles shall be at cost, and sales of individual clothing and

equipment shall be at average current prices, including overhead,

as determined by the Secretary.

(b) The Secretary shall sell subsistence supplies to members of

other armed forces at the prices at which like property is sold to

members of the Army.

(c) The Secretary may sell serviceable quartermaster property,

other than subsistence supplies, to an officer of another armed

force for his use in the service, in the same manner as these

articles are sold to an officer of the Army.

(d) A person who has been discharged honorably or under honorable

conditions from the Army, Navy, Air Force, or Marine Corps and who

is receiving care and medical treatment from the Public Health

Service or the Department of Veterans Affairs may buy subsistence

supplies and other supplies, except articles of uniform, at the

prices at which like property is sold to a member of the Army.

(e) Under such conditions as the Secretary may prescribe,

exterior articles of uniform may be sold to a person who has been

discharged from the Army honorably or under honorable conditions,

at the prices at which like articles are sold to members of the

Army. This subsection does not modify section 772 or 773 of this

title.

(f) Whenever, under regulations to be prescribed by the

Secretary, subsistence supplies are furnished to any branch of the

Army or sold to employees of any executive department other than

the Department of Defense, payment shall be made in cash or by

commercial credit.

(g) The Secretary may, by regulation, provide for the procurement

and sale of stores designated by him to such civilian officers and

employees of the United States, and such other persons, as he

considers proper -

(1) at military installations outside the United States; and

(2) at military installations inside the United States where he

determines that it is impracticable for those civilian officers,

employees, and persons to obtain those stores from private

agencies without impairing the efficient operation of military

activities.

However, sales to officers and employees inside the United States

may be made only to those residing within military installations.

(h) Appropriations for subsistence of the Army may be applied to

the purchase of subsistence supplies for sale to members of the

Army on active duty for the use of themselves and their families.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 257; Pub. L. 87-651, title I,

Sec. 118, Sept. 7, 1962, 76 Stat. 513; Pub. L. 96-513, title V,

Sec. 512(17), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 100-180, div.

A, title III, Sec. 313(c), Dec. 4, 1987, 101 Stat. 1074; Pub. L.

101-189, div. A, title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103

Stat. 1602; Pub. L. 104-106, div. A, title III, Sec. 375(b)(1),

Feb. 10, 1996, 110 Stat. 283.)

-MISC1-

Historical and Revision Notes

1956 Act

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4621(a) 4621(b) 10:904. 10:1231. Aug. 31, 1918, ch.

4621(c) 10:1237. 32:156. 166, Sec. 9 (less

10:1238. 10:1233. 17th through 22d

words), 40 Stat.

957. R.S. 1144;

June 28, 1950, ch.

383, Sec. 402(a),

64 Stat. 272.

4621(d) 4621(e) 10:1234. 34:539 June 3, 1916, ch.

4621(f) 4621(g) 10:1235. 10:1395 134, Sec. 109;

4621(h) 4621(i) (less last restated June 4,

sentence). 10:1253. 1920, ch. 227,

10:1241. 10:1196. subch. I, Sec. 47;

restated June 3,

1924, ch. 244, Sec.

3; restated Oct.

14, 1940, ch. 875,

Sec. 3, 54 Stat.

1136; Mar. 25,

1948, ch. 157, Sec.

5(b), 62 Stat. 91;

Oct. 12, 1949, ch.

681, Sec. 501(f)(2)

and (3) (as

applicable to Sec.

109 of the Act of

June 3, 1916, ch.

134), 63 Stat. 827;

July 9, 1952, ch.

608, Sec. 803 (12th

par.), 66 Stat.

505.

June 30, 1922, ch.

253, Title I (last

proviso under

''Clothing and

Equipage''), 42

Stat. 729.

July 5, 1884, ch.

217 (proviso under

''Subsistence of

the Army''), 23

Stat. 108.

Aug. 29, 1916, ch.

418 (words before

semicolon of 3d

proviso under

''Subsistence of

the Army''), 39

Stat. 630.

Mar. 4, 1915, ch.

143 (last proviso

under ''Clothing,

and Camp and

Garrison

Equipage''), 38

Stat. 1079; June

28, 1950, ch. 383,

Sec. 402(k), 64

Stat. 273.

June 5, 1920, ch.

240 (par. under

''Purchase of Army

Stores by

Discharged

Receiving Treatment

from the Public

Health Service''),

41 Stat. 976.

Feb. 14, 1927, ch.

134 (less last

sentence), 44 Stat.

1096.

Mar. 3, 1911, ch.

209 (last par.

under ''Subsistence

Department''), 36

Stat. 1047.

Aug. 8, 1953, ch.

390, Sec. 1, 67

Stat. 499.

Mar. 3, 1875, ch.

131 (proviso of 1st

sentence of 1st

par. under ''War

Department''), 18

Stat. 410.

-------------------------------

In subsection (a), the word ''members'' is substituted for the

words ''officers and enlisted men'' in 10:1237. Clause (2) is

substituted for 10:904. 32:156 is omitted as covered by 10:904,

since the words ''officers of the Army'' necessarily cover all

persons named in 32:156. The words ''the Secretary of the Army or a

person designated by him'' are substituted for the words ''by

whatever branch, office, or officers of the Army the Secretary of

the Army may from time to time designate'', inserted by the Editors

of the United States Code. R.S. 1114 which provided that this

function should be invested in the Inspector General was not

amended in this respect by section 402(a) of the Army Organization

Act of 1950 (64 Stat. 272). However, these functions have now been

transferred to the Secretary of the Army or a person designated by

him. (See memorandum of the Secretary of Defense, dated October 29,

1954, subject ''Transfer of Authority from the Inspector General to

the Secretary of the Army to Designate Subsistence Articles for

Sale,'' and opinion of the Judge Advocate General of the Army (JAGA

1954/9712, 2 December 1954).) The words ''Except for articles and

items acquired through the use of working capital funds under

sections 172-172j of title 5'' are inserted to reflect Title IV of

the National Security Act of 1947, as amended (63 Stat. 585), which

authorized the Secretary of Defense to prescribe regulations

governing the use and sale of certain inventories at cost,

including applicable administrative expenses. (See opinion of the

Assistant General Counsel (Fiscal Matters) of the Office of the

Secretary of Defense, January 4, 1955.)

In subsection (b), the first sentence states expressly the rule

which is implicit in 10:1238. The word ''members'' is substituted

for the words ''officers and enlisted men''. The words ''shall be

understood, in all cases of such sales'' are omitted as

surplusage. The last sentence is inserted to reflect Title IV of

the National Security Act of 1947, as amended (63 Stat. 585), which

authorized the Secretary of Defense to prescribe regulations

governing the use and sale of certain inventories at cost,

including applicable administrative expenses. (See opinion of the

Deputy General Counsel of the Office of the Secretary of Defense,

March 28, 1956.)

In subsection (c), the word ''members'' is substituted for the

words ''officers and enlisted men''. The words ''prices at which

like property is sold to'' are substituted for the words ''same

price as is charged the''.

In subsections (c) and (d), the words ''other armed forces'' are

substituted for the words ''Navy and Marine Corps'', since such

sales are authorized to members of the Coast Guard by section

144(b) of title 14.

In subsection (d), the words ''other than subsistence supplies''

are inserted, since the sale of subsistence supplies is covered by

subsection (c).

In subsection (e), the words ''a person who has been discharged''

are substituted for the words ''discharged officers and enlisted

men''. The words ''Navy * * * or Marine Corps'', omitted from the

1952 Edition of the United States Code, are inserted to conform to

the source statute. The words ''may buy'' are substituted for the

words ''shall * * * be permitted to purchase''. The words ''at the

prices at which like property is sold'' are substituted for the

words ''at the same price as charged''. The word ''member'' is

substituted for the words ''officers and enlisted men''. The words

''while undergoing such care and treatment'' are omitted as

surplusage.

In subsection (f), the words ''person who has been discharged''

are substituted for the words ''former members * * * who have been

separated therefrom''. The words ''at the prices at which like

articles are sold to members'' are inserted to conform to the last

sentence of subsection (a) and subsection (e).

In subsection (g), the words ''regulations to be prescribed by

the Secretary'' are substituted for the words ''Army Regulations''.

The words ''of the Government'' are omitted as surplusage. 10:1253

(last 22 words of 1st sentence) is omitted as surplusage. The

words ''or to another executive department of the Government'' are

omitted as superseded by section 7 of the Act of May 21, 1920, ch.

194, as amended (31 U.S.C. 686). The provisions of 10:1253 relating

to computation of costs are omitted to reflect Title IV of the

National Security Act of 1947, as amended (63 Stat. 585), which

authorized the Secretary of Defense to prescribe regulations

governing the use and sale of certain inventories at cost,

including applicable administrative expenses. (See opinion of the

Assistant General Counsel (Fiscal Matters) of the Office of the

Secretary of Defense, January 4, 1955.)

In subsection (h), the word ''outside'' is substituted for the

words ''beyond the continental limitations''. The words ''or in

Alaska'' are omitted, since, under section 101(1) of this title,

the words ''United States'' are defined to include only the States

and the District of Columbia. The word ''continental'', after the

words ''within the'', is omitted for the same reason. The last

sentence is substituted for 10:1241 (proviso).

In subsection (i), 10:1196 (last 30 words) is omitted as

superseded by the Act of April 27, 1914, ch. 72 (last proviso under

''Subsistence of the Army''), 38 Stat. 361. The words ''So much of

the'' and ''as may be necessary'' are omitted as surplusage. The

words ''members * * * on active duty, for the use of themselves and

their families'' are substituted for the words ''officers for the

use of themselves and their families, and to commanders of

companies or other organizations, for the use of the enlisted men

of their companies or organizations'', to conform to 10:1237 and

1238. Those sections provide the basic authority for procurement

and sale of subsistence supplies to all members. This

interpretation conforms to established administrative practice

under those sections. The word ''supplies'' is substituted for the

word ''stores''.

1962 ACT

The change corrects an internal reference.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-106, Sec. 375(b)(1)(A),

substituted ''The Secretary of the Army'' for ''The branch, office,

or officer designated by the Secretary of the Army''.

Subsecs. (b), (c). Pub. L. 104-106, Sec. 375(b)(1)(B),

substituted ''The Secretary'' for ''The branch, office, or officer

designated by the Secretary''.

Subsec. (f). Pub. L. 104-106, Sec. 375(b)(1)(C), inserted ''or by

commercial credit'' before period at end.

1989 - Subsec. (d). Pub. L. 101-189 substituted ''Department of

Veterans Affairs'' for ''Veterans' Administration''.

1987 - Subsecs. (b) to (i). Pub. L. 100-180 redesignated subsecs.

(c) to (i) as subsecs. (b) to (h), respectively, and struck out

former subsec. (b) which read as follows: ''Subsistence supplies

may be sold to members of the Army. The selling price of each

article sold under this subsection is the invoice price of the last

lot of that article that the officer making the sale received

before the first day of the month in which the sale is made.

Activities conducted under this subsection shall be consistent with

section 2208 of this title.''

1980 - Subsec. (f). Pub. L. 96-513 struck out reference to

section 3612 of this title.

1962 - Subsecs. (a), (b). Pub. L. 87-651 substituted ''section

2208 of this title'' for ''sections 172-172j of title 5''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Public Health Service, see note set

out under section 802 of this title.

-MISC5-

PRICES CHARGED PERSONNEL OF CIVILIAN AGENCIES IN GERMANY

Act June 20, 1956, ch. 414, title I, Sec. 101, 70 Stat. 300,

provided in part: ''When the Department of the Army, under the

authority of the Act of March 3, 1911, as amended, furnishes

subsistence supplies to personnel of civilian agencies of the

United States Government serving in Germany, payment therefor by

such personnel shall be made at the same rate as is paid by

civilian personnel of the Department of the Army serving in

Germany.'' Similar provisions were contained in acts Oct. 6, 1949,

ch. 621, title I, Sec. 101, 63 Stat. 713; Sept. 6, 1950, ch. 896,

ch. XI, title III, Sec. 301, 64 Stat. 763; Nov. 1, 1951, ch. 664,

ch. IX, Sec. 901, 65 Stat. 750; July 15, 1952, ch. 758, ch. XI,

title II, 66 Stat. 652; Aug. 7, 1953, ch. 340, ch. X, 67 Stat.

433; Aug. 26, 1954, ch. 935, ch. XI, 68 Stat. 823; July 7, 1955,

ch. 279, title I, Sec. 101, 69 Stat. 269.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4629 of this title; title

37 section 1007.

-CITE-

10 USC Sec. 4622 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 439 - SALE OF SERVICEABLE MATERIAL

-HEAD-

Sec. 4622. Rations: commissioned officers in field

-STATUTE-

Commissioned officers of the Army serving in the field may buy

rations for their own use, on credit, from any officer designated

by the Secretary of the Army. Amounts due for these purchases shall

be reported monthly to the officer of the Army designated by the

Secretary.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 258.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4622 10:1232. R.S. 1145; June 28,

1950, ch. 383, Sec.

402(a), 64 Stat.

272.

-------------------------------

The words ''at cost prices'' are omitted to reflect Title IV of

the National Security Act of 1947, as amended (63 Stat. 585), which

authorized the Secretary of Defense to prescribe regulations

governing the use and sale of certain inventories at cost,

including applicable administrative expenses. (See opinion of the

Assistant General Counsel (Fiscal Matters) of the Office of the

Secretary of Defense, January 4, 1955.)

-CITE-

10 USC Sec. 4623 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 439 - SALE OF SERVICEABLE MATERIAL

-HEAD-

(Sec. 4623. Repealed. Pub. L. 91-482, Sec. 1(a), Oct. 21, 1970, 84

Stat. 1082)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 258, provided

that the Quartermaster Corps sell not more than 16 ounces of

tobacco a month to an enlisted member of the Army on active duty

who requests it.

-CITE-

10 USC Sec. 4624 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 439 - SALE OF SERVICEABLE MATERIAL

-HEAD-

Sec. 4624. Medical supplies: civilian employees of the Army;

American National Red Cross; Armed Forces Retirement Home

-STATUTE-

(a) Under regulations to be prescribed by the Secretary of the

Army, a civilian employee of the Department of the Army who is

stationed at an Army post may buy necessary medical supplies from

the Army when they are prescribed by an officer of the Medical

Corps on active duty.

(b) With the approval of the Secretary, the Army Medical

Department may sell medical supplies to the American National Red

Cross for cash.

(c) Any branch, office, or officer designated by the Secretary

may sell medical and hospital supplies to the Armed Forces

Retirement Home.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 259; Pub. L. 90-329, June 4,

1968, 82 Stat. 170; Pub. L. 96-513, title V, Sec. 512(18)(A), (B),

Dec. 12, 1980, 94 Stat. 2930; Pub. L. 101-510, div. A, title XV,

Sec. 1533(a)(5)(A), (B), Nov. 5, 1990, 104 Stat. 1734.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4624(a) 4624(b) 10:1236. 10:1254. Apr. 23, 1904, ch.

4624(c) 24:58. 1485 (last proviso

under ''Medical

Department''), 33

Stat. 273; Mar. 2,

1905, ch. 1307

(last proviso under

''Medical

Department''), 33

Stat. 839.

Mar. 4, 1915, ch.

143 (2d proviso

under ''Medical

Department''), 38

Stat. 1080.

June 4, 1897, ch. 2

(par. under

''Soldiers' Home,

District of

Columbia''), 30

Stat. 54; June 28,

1950, ch. 383, Sec.

402(d), 64 Stat.

272.

-------------------------------

In subsection (a) the words ''an officer of the Medical Corps''

are substituted for the words ''medical officer''. The words ''on

active duty'' are inserted for clarity.

In subsection (b) the words ''rates of charge'', ''to cover the

cost of purchase, inspection, and so forth'', and ''as can be

spared without detriment to the military service'' are omitted as

surplusage. The words ''the contract prices paid therefor'' are

omitted to reflect Title IV of the National Security Act of 1947,

as amended (63 Stat. 585), which authorized the Secretary of

Defense to prescribe regulations governing the use and sale of

certain inventories at cost including applicable administrative

expenses. (See opinion of the Assistant General Counsel (Fiscal

Matters) of the Office of the Secretary of Defense, January 4,

1955.) The word ''equipments'' is omitted as covered by the word

''supplies''.

In subsection (c), the words ''in the District of Columbia'' are

omitted as surplusage, since there is only one Soldiers' Home. The

words ''Upon proper application therefor'' are omitted as

surplusage. The words ''its contract prices'' are omitted to

reflect Title IV of the National Security Act of 1947, as amended

(63 Stat. 585), which authorized the Secretary of Defense to

prescribe regulations governing the use and sale of certain

inventories at cost, including applicable administrative expenses.

(See opinion of the Assistant General Counsel (Fiscal Matters) of

the Office of the Secretary of Defense, January 4, 1955.)

AMENDMENTS

1990 - Pub. L. 101-510, Sec. 1533(a)(5)(B), substituted ''Armed

Forces Retirement Home'' for ''Soldiers' and Airmen's Home'' in

section catchline.

Subsec. (c). Pub. L. 101-510, Sec. 1533(a)(5)(A), substituted

''Armed Forces Retirement Home'' for ''United States Soldiers' and

Airmen's Home''.

1980 - Pub. L. 96-513, Sec. 512(18)(B), inserted ''and Airmen's''

after ''Soldiers' '' in section catchline.

Subsec. (c). Pub. L. 96-513, Sec. 512(18)(A), substituted

''United States Soldiers' and Airmen's'' for ''Soldiers' ''.

1968 - Subsec. (b). Pub. L. 90-329 substituted ''Army Medical

Department'' for ''Army Medical Service''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-510 effective one year after Nov. 5,

1990, see section 1541 of Pub. L. 101-510, formerly set out as an

Effective Date note under section 401 of Title 24, Hospitals and

Asylums.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

-CITE-

10 USC Sec. 4625 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 439 - SALE OF SERVICEABLE MATERIAL

-HEAD-

Sec. 4625. Ordnance property: officers of armed forces; civilian

employees of Army; American National Red Cross; educational

institutions; homes for veterans' orphans

-STATUTE-

(a) Any branch, office, or officer designated by the Secretary of

the Army may sell articles of ordnance property to officers of

other armed forces for their use in the service, in the same manner

as those articles are sold to officers of the Army.

(b) Under such regulations as the Secretary may prescribe,

ordnance stores may be sold to civilian employees of the Army and

to the American National Red Cross.

(c) Articles of ordnance property may be sold to educational

institutions and to State soldiers' and sailors' orphans' homes for

maintaining the ordnance and ordnance stores issued to those

institutions and homes.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 259.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4625(a) 4625(b) 34:540. 50:70. Mar. 3, 1909, ch.

4625(c) 50:71. 50:63. 252 (5th par. under

''National Trophy

and Medals for

Rifle Contest''),

35 Stat. 750.

Mar. 3, 1909, ch.

252 (8th par. under

''National Trophy

and Medals for

Rifle Contests''),

35 Stat. 751; June

28, 1950, ch. 383,

Sec. 402(h), 64

Stat. 273.

May 11, 1908, ch.

163 (4th par. under

''National Trophy

and Medals for

Rifle Contests''),

35 Stat. 125.

-------------------------------

In subsection (a), the words ''other armed forces'' are

substituted for the words ''the Navy and Marine Corps'', in 34:540

and 50:70, since those sales may be made to officers of the Coast

Guard under section 114(c) of title 14.

-CITE-

10 USC Sec. 4626 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 439 - SALE OF SERVICEABLE MATERIAL

-HEAD-

Sec. 4626. Aircraft supplies and services: foreign military or air

attacheAE1

-STATUTE-

Under such conditions as he may prescribe, the Secretary of the

Army may provide for the sale of fuel, oil, and other supplies for

use in aircraft operated by a foreign military or air attacheAE1

accredited to the United States, and for the furnishing of

mechanical service and other assistance to such aircraft. Shelter

may be furnished to such aircraft, but only without charge.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 259.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4626 22:259 (less last May 31, 1939, ch.

sentence). 161 (less last

sentence), 53 Stat.

795.

-------------------------------

The last sentence is substituted for the words ''except for

shelter for which no charge shall be made''. The words ''and

equipment'' are omitted as covered by the word ''supplies''. 22:259

(last 22 words of 2d sentence) is omitted to reflect Title IV of

the National Security Act of 1947, as amended (63 Stat. 585), which

authorized the Secretary of Defense to prescribe regulations

governing the use and sale of certain inventories at cost,

including applicable administrative expenses. (See opinion of the

Assistant General Counsel (Fiscal Matters) of the Office of the

Secretary of Defense, January 4, 1955.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4629 of this title.

-CITE-

10 USC Sec. 4627 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 439 - SALE OF SERVICEABLE MATERIAL

-HEAD-

Sec. 4627. Supplies: educational institutions

-STATUTE-

Under such regulations as the Secretary of the Army may

prescribe, supplies and military publications procured for the Army

may be sold to any educational institution to which an officer of

the Army is detailed as professor of military science and tactics,

for the use of its military students. Sales under this section

shall be for cash.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 259.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4627 10:1179 (less July 17, 1914, ch.

proviso). 149 (less proviso),

38 Stat. 512.

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The words ''procured for'' are substituted for the words ''as are

furnished to''. The words ''stores * * * mateAE1riel of war'' are

omitted as covered by the word ''supplies''. The words ''the price

listed to the Army'' are omitted to reflect Title IV of the

National Security Act of 1947, as amended (63 Stat. 585), which

authorized the Secretary of Defense to prescribe regulations

governing the use and sale of certain inventories at cost,

including applicable administrative expenses. (See opinion of the

Assistant General Counsel (Fiscal Matters) of the Office of the

Secretary of Defense, January 4, 1955.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4629 of this title.

-CITE-

10 USC Sec. 4628 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 439 - SALE OF SERVICEABLE MATERIAL

-HEAD-

Sec. 4628. Airplane parts and accessories: civilian flying schools

-STATUTE-

The Secretary of the Army may sell, to civilian flying schools at

which personnel of the Department of the Army or the Department of

the Air Force are receiving flight training under contracts

requiring these schools to maintain and repair airplanes of the

Army furnished to them for flight training, the spare parts and

accessories needed for those repairs.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 259.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4628 10:298c. Feb. 12, 1940, ch.

27, Title I

(proviso under

''Air Corps''), 54

Stat. 25.

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The words ''under the provisions of the Act of Apr. 3, 1939, ch.

35, 53 Stat. 555'' are omitted as obsolete, since training formerly

performed under that act is now performed under section 4301 of

this title. The words ''personnel of the Department of the Army or

the Department of the Air Force'' are substituted for the words

''flying cadets'', since the authority is reciprocal, and to

conform to section 4656 of this title. The words ''flying cadet''

are omitted as obsolete. 10:298c (last 28 words) is omitted to

reflect Title IV of the National Security Act of 1947, as amended

(63 Stat. 585), which authorized the Secretary of Defense to

prescribe regulations governing the use and sale of certain

inventories at cost, including applicable administrative expenses.

(See opinion of the Assistant General Counsel (Fiscal Matters) of

the Office of the Secretary of Defense, January 4, 1955.)

-CITE-

10 USC Sec. 4629 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 439 - SALE OF SERVICEABLE MATERIAL

-HEAD-

Sec. 4629. Proceeds: disposition

-STATUTE-

The proceeds of sales of the following shall be paid into the

Treasury to the credit of the appropriation out of which they were

purchased, and are available for the purposes of that

appropriation:

(1) Exterior articles of uniform sold under section 4621 of

this title.

(2) Supplies and military publications sold to educational

institutions under section 4627 of this title.

(3) Fuel, oil, other supplies, and services for aircraft of a

foreign military or air attache sold under section 4626 of this

title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 260.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4629 10:1179 (proviso). Feb. 14, 1927, ch.

10:1395 (last 134 (last

sentence). sentence), 44 Stat.

1096.

22:259 (last July 17, 1914, ch.

sentence). 149 (proviso), 38

Stat. 512. May 31,

1939, ch. 161 (last

sentence), 53 Stat.

796.

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-CITE-