US (United States) Code. Title 10. Subtitle B. Part IV. Chapter 443: Disposal of obsolete or surplus material

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

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-CITE-

10 USC CHAPTER 443 - DISPOSAL OF OBSOLETE OR SURPLUS

MATERIAL 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 443 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

.

-HEAD-

CHAPTER 443 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-MISC1-

Sec.

4681. Surplus war material: sale to States and foreign governments.

4682. Obsolete or excess material: sale to National Council of Boy

Scouts of America.

4683. Excess M-1 rifles: loan or donation for funeral and other

ceremonial purposes.

4684. Surplus obsolete ordnance: sale to patriotic organizations.

4685. Obsolete ordnance: loan to educational institutions and State

soldiers and sailors' orphans' homes.

4686. Obsolete ordnance: gift to State homes for soldiers and

sailors.

4687. Sale of excess, obsolete, or unserviceable ammunition and

ammunition components.

4688. Armor-piercing ammunition and components: condition on

disposal.

4689. Transfer of material and equipment to the Architect of the

Capitol.

AMENDMENTS

2002 - Pub. L. 107-217, Sec. 2(2), Aug. 21, 2002, 116 Stat. 1295,

added item 4689.

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec.

382(a)(2)), Oct. 30, 2000, 114 Stat. 1654, 1654A-85, added item

4688.

1999 - Pub. L. 106-65, div. A, title III, Sec. 381(d)(2), Oct.

5, 1999, 113 Stat. 583, substituted ''Excess M-1 rifles: loan or

donation for funeral and other ceremonial purposes'' for ''Obsolete

or condemned rifles: loan to local units of recognized veterans'

organizations'' in item 4683.

1997 - Pub. L. 105-85, div. A, title X, Sec. 1065(a)(2), Nov.

18, 1997, 111 Stat. 1895, added item 4687.

-CITE-

10 USC Sec. 4681 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 443 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 4681. Surplus war material: sale to States and foreign

governments

-STATUTE-

Subject to regulations under section 121 of title 40, the

Secretary of the Army may sell surplus war material and supplies,

except food, of the Department of the Army, for which there is no

adequate domestic market, to any State or to any foreign government

with which the United States was at peace on June 5, 1920. Sales

under this section shall be made upon terms that the Secretary

considers expedient.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 262; Pub. L. 96-513, title V,

Sec. 512(19), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 107-217, Sec.

3(b)(24), Aug. 21, 2002, 116 Stat. 1297.)

-MISC1-

Historical and Revision Notes

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

Large)

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

4681 10:1262. June 5, 1920, ch.

240 (2d proviso

under

''Contingencies of

the Army''), 41

Stat. 949; Oct. 31,

1951, ch. 654, Sec.

2(8), 65 Stat. 707.

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

The word ''may'' is substituted for the words ''is authorized in

his discretion to''. The words ''war material'' are substituted

for the word ''mateAE1riel''. The words ''or equipment'' are

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

Department of the Army'' are substituted for the words ''pertaining

to the Military Establishment''. The words ''which are not needed

for military purposes'' are omitted as covered by the word

''surplus''. The words ''as or may be found to be'' are omitted as

surplusage.

AMENDMENTS

2002 - Pub. L. 107-217 substituted ''section 121 of title 40''

for ''section 205 of the Federal Property and Administrative

Services Act of 1949 (40 U.S.C. 486)''.

1980 - Pub. L. 96-513 substituted ''section 205 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C. 486)''

for ''section 486 of title 40''.

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. 4682 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 443 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 4682. Obsolete or excess material: sale to National Council of

Boy Scouts of America

-STATUTE-

Subject to regulations under section 121 of title 40, the

Secretary of the Army, under such conditions as he may prescribe,

may sell obsolete or excess material to the National Council of the

Boy Scouts of America. Sales under this section shall be at fair

value to the Department of the Army, including packing, handling,

and transportation.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 262; Pub. L. 96-513, title V,

Sec. 512(19), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 107-217, Sec.

3(b)(25), Aug. 21, 2002, 116 Stat. 1297.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

4682 10:1259. May 15, 1937, ch.

193, 50 Stat. 167;

Oct. 31, 1951, ch.

654, Sec. 2(7), 65

Stat. 707.

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

The words ''obsolete or excess material'' are substituted for the

words ''such obsolete material as may not be needed by the

Department of the Army, and such other material as may be spared''

to conform to the Federal Property and Administrative Services Act

of 1949, as amended (40 U.S.C. 471 et seq.). The words ''in his

discretion'' are omitted as surplusage.

AMENDMENTS

2002 - Pub. L. 107-217 substituted ''section 121 of title 40''

for ''section 205 of the Federal Property and Administrative

Services Act of 1949 (40 U.S.C. 486)''.

1980 - Pub. L. 96-513 substituted ''section 205 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C. 486)''

for ''section 486 of title 40''.

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. 4683 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 443 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 4683. Excess M-1 rifles: loan or donation for funeral and

other ceremonial purposes

-STATUTE-

(a) Authority To Lend or Donate. - (1) The Secretary of the Army,

under regulations prescribed by the Secretary, may conditionally

lend or donate excess M-1 rifles (not more than 15), slings, and

cartridge belts to any eligible organization for use by that

organization for funeral ceremonies of a member or former member of

the armed forces, and for other ceremonial purposes.

(2) If the rifles to be loaned or donated under paragraph (1) are

to be used by the eligible organization for funeral ceremonies of a

member or former member of the armed forces, the Secretary may

issue and deliver the rifles, together with the necessary

accoutrements and blank ammunition, without charge.

(b) Relief From Liability. - The Secretary may relieve an

eligible organization to which materials are lent or donated under

subsection (a), and the surety on its bond, from liability for loss

or destruction of the material lent or donated, if there is

conclusive evidence that the loss or destruction did not result

from negligence.

(c) Conditions on Loan or Donation. - In lending or donating

rifles under subsection (a), the Secretary shall impose such

conditions on the use of the rifles as may be necessary to ensure

security, safety, and accountability. The Secretary may impose

such other conditions as the Secretary considers appropriate.

(d) Eligible Organization Defined. - In this section, the term

''eligible organization'' means -

(1) a unit or other organization of honor guards recognized by

the Secretary of the Army as honor guards for a national

cemetery;

(2) a law enforcement agency; or

(3) a local unit of any organization that, as determined by the

Secretary of the Army, is a nationally recognized veterans'

organization.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 262; Pub. L. 101-189, div. A,

title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L.

106-65, div. A, title III, Sec. 381(a)-(d)(1), Oct. 5, 1999, 113

Stat. 582.)

-MISC1-

Historical and Revision Notes

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

Large)

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

4683(a) 4683(b) 50:62. 50:62b. Feb. 10, 1920, ch.

64; restated June

5, 1920, ch. 240

(par. under

''Rifles and

Accessories for

Organizations of

War Veterans'');

restated May 26,

1952, ch. 364, 66

Stat. 94.

Dec. 15, 1926, ch.

10, 44 Stat. 922.

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

In subsection (a), the words ''rules, limitations'' and ''in

suitable amounts'' are omitted as surplusage. The words ''(not

more than 10)'' are substituted for 50:62 (proviso). The words

''any local unit'' are substituted for the words ''posts or

camps'', before the words ''of national''. The words ''that unit''

are substituted for the word ''them''. The words ''those units''

are substituted for the words ''such posts and camps''. The words

''a member or former member of the armed forces'' are substituted

for the words ''soldiers, sailors, and marines''. Clause (2) is

substituted for 50:62 (words between semicolon and colon).

In subsection (b), the words ''a unit to which materials are lent

under subsection (a)'' are substituted for the description of the

posts or camps covered. The words ''the material lent'' are

substituted for the words ''obsolete or condemned Army rifles,

slings, and cartridge belts loaned by the Secretary of the Army

under authority of section 62 of this title''.

AMENDMENTS

1999 - Pub. L. 106-65, Sec. 381(d)(1), substituted ''Excess M-1

rifles: loan or donation for funeral and other ceremonial

purposes'' for ''Obsolete or condemned rifles: loan to local units

of recognized veterans' organizations'' in section catchline.

Subsec. (a). Pub. L. 106-65, Sec. 381(a), amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: ''The

Secretary of the Army, under regulations to be prescribed by him,

may -

''(1) lend obsolete or condemned rifles (not more than 10),

slings, and cartridge belts to any local unit of any national

veterans' organization recognized by the Department of Veterans

Affairs, for use by that unit for funeral ceremonies of a member

or former member of the armed forces, and for other ceremonial

purposes; and

''(2) issue and deliver to those units blank ammunition for

those rifles -

''(A) without charge, if it is to be used for ceremonies at

national cemeteries; and

''(B) without charge, except for packing, handling, and

transportation, if it is to be used for other ceremonies.''

Subsec. (b). Pub. L. 106-65, Sec. 381(c), inserted heading,

substituted ''an eligible organization'' for ''a unit'' and ''lent

or donated'' for ''lent'' in two places.

Subsecs. (c), (d). Pub. L. 106-65, Sec. 381(b), added subsecs.

(c) and (d).

1989 - Subsec. (a)(1). Pub. L. 101-189 substituted ''Department

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

REPORT ON IMPLEMENTATION

Pub. L. 106-65, div. A, title III, Sec. 381(e), Oct. 5, 1999,

113 Stat. 583, provided that: ''Not later than two years after the

date of the enactment of this Act (Oct. 5, 1999), the Comptroller

General shall review the exercise of authority under section 4683

of title 10, United States Code, as amended by this section, and

submit to Congress a report on the findings resulting from the

review.''

-CITE-

10 USC Sec. 4684 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 443 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 4684. Surplus obsolete ordnance: sale to patriotic

organizations

-STATUTE-

Subject to regulations under section 121 of title 40, any branch,

office, or officer designated by the Secretary of the Army may

sell, without advertisement and at prices that he considers

reasonable -

(1) surplus obsolete small arms and ammunition and equipment

for them, to any patriotic organization for military purposes;

and

(2) surplus obsolete brass or bronze cannons, carriages, and

cannon balls, for public parks, public buildings, and soldiers'

monuments.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 262; Pub. L. 96-513, title V,

Sec. 512(19), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 107-217, Sec.

3(b)(26), Aug. 21, 2002, 116 Stat. 1297.)

-MISC1-

Historical and Revision Notes

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

Large)

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

4684 50:64. 50:68. May 28, 1908, ch.

215, Sec. 14, 35

Stat. 443; June 28,

1950, ch. 383, Sec.

402(g), 64 Stat.

273; Oct. 31, 1951,

ch. 654, Sec.

2(26), 65 Stat.

707.

Mar. 4, 1909, ch.

319, Sec. 47, 35

Stat. 1075; June

28, 1950, ch. 383,

Sec. 402(i), 64

Stat. 273; Oct. 31,

1951, ch. 654, Sec.

2(28), 65 Stat.

707.

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

50:64 (proviso) and 50:68 (proviso) are omitted as surplusage.

AMENDMENTS

2002 - Pub. L. 107-217 substituted ''section 121 of title 40''

for ''section 205 of the Federal Property and Administrative

Services Act of 1949 (40 U.S.C. 486)'' in introductory provisions.

1980 - Pub. L. 96-513 substituted ''section 205 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C. 486)''

for ''section 486 of title 40''.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 921; title 26

section 5845.

-CITE-

10 USC Sec. 4685 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 443 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 4685. Obsolete ordnance: loan to educational institutions and

State soldiers and sailors' orphans' homes

-STATUTE-

(a) Upon the recommendation of the governor of the State or

Territory concerned, the Secretary of the Army, under regulations

to be prescribed by him and without cost to the United States for

transportation, may lend obsolete ordnance and ordnance stores to

State and Territorial educational institutions and to State

soldiers and sailors' orphans' homes, for drill and instruction.

However, no loan may be made under this subsection to an

institution to which ordnance or ordnance stores may be issued

under any law that was in effect on June 30, 1906, and is still in

effect.

(b) The Secretary shall require a bond from each institution or

home to which property is lent under subsection (a), in double the

value of the property lent, for the care and safekeeping of that

property and, except for property properly expended, for its return

when required.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 263.)

-MISC1-

Historical and Revision Notes

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

Large)

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

4685(a) 50:62a (1st par. and June 30, 1906, ch.

proviso of last 3938, 34 Stat. 817.

par.).

4685(b) 50:62a (last par.,

less proviso).

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

In subsection (a), the words ''at his discretion'' and ''as may

be available'' are omitted as surplusage. The word ''lend'' is

substituted for the word ''issue'' to reflect the intent of the

section. 50:62a (1st 13 words of proviso) is omitted as

surplusage. The words ''and which is still in effect'' are

inserted for clarity.

In subsection (b), the words ''to the United States'' are omitted

as surplusage. The words ''except property properly expended'' are

inserted for clarity.

The words ''subject to such regulations as he may prescribe'' are

omitted, since the Secretary has inherent authority to issue

regulations appropriate to exercising his statutory functions. The

words ''to any of the 'National Homes for Disabled Volunteer

Soldiers' already established or hereafter established and'', in

the Act of February 8, 1889, ch. 116, 25 Stat. 657, are not

contained in 50:66 (1st sentence). They are also omitted from the

revised section, since the National Homes for Disabled Volunteer

Soldiers were dissolved by the Act of July 3, 1930, ch. 863, 46

Stat. 1016. The Acts of March 3, 1899, ch. 643 (1st proviso under

''Ordnance Department''), 30 Stat. 1073; and May 26, 1900, ch. 586

(1st proviso under ''Ordnance Department''), 31 Stat. 216, as

amended, relating to disposal of ordnance to ''Homes for Disabled

Volunteer Soldiers'' by the Chief of Ordnance, became inoperative

when the Homes were dissolved. Although section 402(e) of the Army

Organization Act of 1950, ch. 383, 64 Stat. 273, amended the Act of

May 26, 1900, it did not have the effect of reviving that act. The

word ''give'' is substituted for the word ''deliver'' to express

more clearly the intent of the section. The words ''serviceable''

and ''as may be on hand undisposed of'' are omitted as surplusage.

The word ''may'' is substituted for the words ''is authorized and

directed'', since section 4684 of this title provides an

alternative method for the disposal of obsolete cannon.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 921; title 26

section 5845.

-CITE-

10 USC Sec. 4686 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 443 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 4686. Obsolete ordnance: gift to State homes for soldiers and

sailors

-STATUTE-

Subject to regulations under section 121 of title 40, the

Secretary of the Army may give not more than two obsolete bronze or

iron cannons suitable for firing salutes to any home for soldiers

or sailors established and maintained under State authority.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 263; Pub. L. 96-513, title V,

Sec. 512(19), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 107-217, Sec.

3(b)(27), Aug. 21, 2002, 116 Stat. 1297.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

4686 50:66. Feb. 8, 1889, ch.

116, 25 Stat. 657;

Oct. 31, 1951, ch.

654, Sec. 2(27), 65

Stat. 707.

Mar. 3, 1899, ch.

423 (1st proviso

under ''Ordnance

Department''), 30

Stat. 1073; May 26,

1900, ch. 586 (1st

proviso under

''Ordnance

Department''), 31

Stat. 216; June 28,

1950, ch. 383, Sec.

402(e), 64 Stat.

273.

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

AMENDMENTS

2002 - Pub. L. 107-217 substituted ''section 121 of title 40''

for ''section 205 of the Federal Property and Administrative

Services Act of 1949 (40 U.S.C. 486)''.

1980 - Pub. L. 96-513 substituted ''section 205 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C. 486)''

for ''section 486 of title 40''.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 921; title 26

section 5845.

-CITE-

10 USC Sec. 4687 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 443 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 4687. Sale of excess, obsolete, or unserviceable ammunition

and ammunition components

-STATUTE-

(a) Authority To Sell Outside DoD. - The Secretary of the Army

may sell to an eligible purchaser described in subsection (c)

ammunition or ammunition components that are excess, obsolete, or

unserviceable and have not been demilitarized if -

(1) the purchaser enters into an agreement, in advance, with

the Secretary -

(A) to demilitarize the ammunition or components; and

(B) to reclaim, recycle, or reuse the component parts or

materials; or

(2) the Secretary, or an official of the Department of the Army

designated by the Secretary, approves the use of the ammunition

or components proposed by the purchaser as being consistent with

the public interest.

(b) Method of Sale. - The Secretary shall use competitive

procedures to sell ammunition and ammunition components under this

section, except that the Secretary may use procedures other than

competitive procedures in any case in which the Secretary

determines that there is only one potential buyer of the items

being offered for sale.

(c) Eligible Purchasers. - To be eligible to purchase excess,

obsolete, or unserviceable ammunition or ammunition components

under this section, the purchaser shall be a licensed manufacturer

(as defined in section 921(10) of title 18) that, as determined by

the Secretary, has a capability to modify, reclaim, transport, and

either store or sell the ammunition or ammunition components sought

to be purchased.

(d) Hold Harmless Agreement. - The Secretary shall require a

purchaser of ammunition or ammunition components under this section

to agree to hold harmless and indemnify the United States from any

claim for damages for death, injury, or other loss resulting from a

use of the ammunition or ammunition components, except in a case of

willful misconduct or gross negligence of a representative of the

United States.

(e) Verification of Demilitarization. - The Secretary shall

establish procedures for ensuring that a purchaser of ammunition or

ammunition components under this section demilitarizes the

ammunition or ammunition components in accordance with any

agreement to do so under subsection (a)(1). The procedures shall

include onsite verification of demilitarization activities.

(f) Consideration. - The Secretary may accept ammunition,

ammunition components, or ammunition demilitarization services as

consideration for ammunition or ammunition components sold under

this section. The fair market value of any such consideration

shall be equal to or exceed the fair market value or, if higher,

the sale price of the ammunition or ammunition components sold.

(g) Relationship to Arms Export Control Act. - Nothing in this

section shall be construed to affect the applicability of section

38 of the Arms Export Control Act (22 U.S.C. 2778) to sales of

ammunition or ammunition components on the United States Munitions

List.

(h) Definitions. - In this section:

(1) The term ''excess, obsolete, or unserviceable'', with

respect to ammunition or ammunition components, means that the

ammunition or ammunition components are no longer necessary for

war reserves or for support of training of the Army or production

of ammunition or ammunition components.

(2) The term ''demilitarize'', with respect to ammunition or

ammunition components -

(A) means to destroy the military offensive or defensive

advantages inherent in the ammunition or ammunition components;

and

(B) includes any mutilation, scrapping, melting, burning, or

alteration that prevents the use of the ammunition or

ammunition components for the military purposes for which the

ammunition or ammunition components was designed or for a

lethal purpose.

-SOURCE-

(Added Pub. L. 105-85, div. A, title X, Sec. 1065(a)(1), Nov. 18,

1997, 111 Stat. 1893.)

-MISC1-

REVIEW OF INITIAL SALES

Section 1065(b) of Pub. L. 105-85 provided that:

''(1) For each of the first three fiscal years during which the

Secretary of the Army sells ammunition or ammunition components

under the authority of section 4687 of title 10, United States

Code, as added by subsection (a), the Director of the Army Audit

Agency shall conduct a review of sales under such section to ensure

that -

''(A) purchasers that enter into an agreement under subsection

(a)(1) of such section to demilitarize the purchased ammunition

or ammunition components fully comply with the agreement; and

''(B) purchasers that are authorized under subsection (a)(2) of

such section to use the purchased ammunition or ammunition

components actually use the ammunition or ammunition components

in the manner proposed.

''(2) Not later than 180 days after the end of each fiscal year

in which the review is conducted, the Secretary of the Army shall

submit to Congress a report containing the results of the review

for the fiscal year covered by the report.''

-CITE-

10 USC Sec. 4688 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 443 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 4688. Armor-piercing ammunition and components: condition on

disposal

-STATUTE-

(a) Limitation on Resale or Other Transfer. - Except as provided

in subsection (b), whenever the Secretary of the Army carries out a

disposal (by sale or otherwise) of armor-piercing ammunition, or a

component of armor-piercing ammunition, the Secretary shall require

as a condition of the disposal that the recipient agree in writing

not to sell or otherwise transfer any of the ammunition

(reconditioned or otherwise), or any armor-piercing component of

that ammunition, to any purchaser in the United States other than a

law enforcement or other governmental agency.

(b) Exception. - Subsection (a) does not apply to a transfer of a

component of armor-piercing ammunition solely for the purpose of

metal reclamation by means of a destructive process such as

melting, crushing, or shredding.

(c) Special Rule for Non-Armor-Piercing Components. - A component

of the armor-piercing ammunition that is not itself armor-piercing

and is not subjected to metal reclamation as described in

subsection (b) may not be used as a component in the production of

new or remanufactured armor-piercing ammunition other than for sale

to a law enforcement or other governmental agency or for a

government-to-government sale or commercial export to a foreign

government under the Arms Export Control Act (22 U.S.C. 2751).

(d) Definition. - In this section, the term ''armor-piercing

ammunition'' means a center-fire cartridge the military designation

of which includes the term ''armor penetrator'' or

''armor-piercing'', including a center-fire cartridge designated as

armor-piercing incendiary (API) or armor-piercing incendiary-tracer

(API-T).

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec.

382(a)(1)), Oct. 30, 2000, 114 Stat. 1654, 1654A-85.)

-REFTEXT-

REFERENCES IN TEXT

The Arms Export Control Act, referred to in subsec. (c), is Pub.

L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is

classified principally to chapter 39 (Sec. 2751 et seq.) of Title

22, Foreign Relations and Intercourse. For complete classification

of this Act to the Code, see Short Title note set out under section

2751 of Title 22 and Tables.

-MISC2-

EFFECTIVE DATE

Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec. 382(b)), Oct.

30, 2000, 114 Stat. 1654, 1654A-85, provided that: ''Section 4688

of title 10, United States Code, as added by subsection (a), shall

apply with respect to any disposal of ammunition or components

referred to in that section after the date of the enactment of this

Act (Oct. 30, 2000).''

-CITE-

10 USC Sec. 4689 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 443 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 4689. Transfer of material and equipment to the Architect of

the Capitol

-STATUTE-

The Secretary of the Army is authorized to transfer, without

payment, to the Architect of the Capitol, such material and

equipment, not required by the Department of the Army, as the

Architect may request for use at the Capitol power plant, the

Capitol Building, and the Senate and House Office Buildings.

-SOURCE-

(Added Pub. L. 107-217, Sec. 2(1), Aug. 21, 2002, 116 Stat. 1294.)

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