US (United States) Code. Title 10. Subtitle C. Part IV. Chapter 647: Disposal of obsolete or surplus material

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-CITE-

10 USC CHAPTER 647 - DISPOSAL OF OBSOLETE OR SURPLUS

MATERIAL 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 647 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

.

-HEAD-

CHAPTER 647 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-MISC1-

Sec.

7541. Obsolete and other material: gift or sale to Boy Scouts of

America, Naval Sea Cadet Corps and Young Marines of the Marine

Corps League.

7541a. Uniform clothing: sale to Naval Sea Cadet Corps.

7542. Excess clothing: sale for distribution to needy.

7543. Useless ordnance material: disposition of proceeds on sale.

7544. Devices and trophies: transfer to other agencies.

7545. Obsolete material and articles of historical interest: loan

or gift.

7546. Loan or gift of articles to ships' sponsors and donors.

7547. Equipment for instruction in seamanship: loan to military

schools.

AMENDMENTS

1975 - Pub. L. 93-628, Sec. 1(b), Jan. 3, 1975, 88 Stat. 2148,

inserted '', Naval Sea Cadet Corps and Young Marines of the Marine

Corps League'' in item 7541.

1965 - Pub. L. 89-266, Sec. 1(2), Oct. 19, 1965, 79 Stat. 990,

added item 7541a.

-CITE-

10 USC Sec. 7541 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 647 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 7541. Obsolete and other material: gift or sale to Boy Scouts

of America, Naval Sea Cadet Corps and Young Marines of the

Marine Corps League

-STATUTE-

Subject to regulations under section 121 of title 40, the

Secretary of the Navy may -

(1) give obsolete material not needed for naval purposes; and

(2) sell other material that may be spared at a price

representing its fair value;

to the Boy Scouts of America for the sea scouts, to the Naval Sea

Cadet Corps for the sea cadets, and to the Young Marines of the

Marine Corps League for the young marines. The cost of

transportation and delivery of material given or sold under this

section shall be charged to the Boy Scouts of America, to the Naval

Sea Cadets, or to the Young Marines of the Marine Corps League, as

the case may be.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 465; Pub. L. 93-628, Sec. 1,

Jan. 3, 1975, 88 Stat. 2147; Pub. L. 96-513, title V, Sec. 513(39),

Dec. 12, 1980, 94 Stat. 2934; Pub. L. 107-217, Sec. 3(b)(31), 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)

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

7541 34 U.S.C. 546b. Mar. 1, 1929, ch.

429, 45 Stat. 1430;

Oct. 31, 1951, ch.

654, Sec. 2(21), 65

Stat. 707.

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

The word ''give'' is substituted for the words ''dispose of

without charge''; the words ''naval purposes'' are substituted for

the words ''the Navy''; and the word ''sell'' is substituted for

the words ''dispose of * * * at prices''. The words ''to the

Navy'' are omitted as surplusage. Since the corporate name of the

organization is ''Boy Scouts of America'', that name is used to

designate the transferee in lieu of words ''sea scout department'',

and the words ''for the sea scouts'' are added.

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''.

1975 - Pub. L. 93-628 inserted ''Naval Sea Cadet Corps and Young

Marines of the Marine Corps League'' in section catchline, and

authorized the Secretary of the Navy to gift obsolete materials and

to sell surplus materials to the Naval Sea Cadet Corps and the

Young Marines of the Marine Corps League with the requirement that

the cost of transportation and delivery of such materials be

charged to the recipient.

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.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 2 of Pub. L. 93-628 provided that: ''The amendments made

by the first section (amending this section) shall take effect on

the date of the enactment of this Act (Jan. 3, 1975).''

-CITE-

10 USC Sec. 7541a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 647 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 7541a. Uniform clothing: sale to Naval Sea Cadet Corps

-STATUTE-

Subject to regulations under section 121 of title 40, the

Secretary of the Navy, under regulations prescribed by him, may

sell any item of enlisted naval uniform clothing that may be

spared, at a price representing its fair value, to the Naval Sea

Cadet Corps for the sea cadets and to any Federal or State maritime

academy having a department of naval science for the maritime

cadets and midshipmen. The cost of transportation and delivery of

items sold under this section shall be charged to the Naval Sea

Cadet Corps and to such Federal and State maritime academies.

-SOURCE-

(Added Pub. L. 89-266, Sec. 1(1), Oct. 19, 1965, 79 Stat. 990;

amended Pub. L. 96-513, title V, Sec. 513(39), Dec. 12, 1980, 94

Stat. 2934; Pub. L. 107-217, Sec. 3(b)(32), Aug. 21, 2002, 116

Stat. 1297.)

-MISC1-

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. 7542 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 647 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 7542. Excess clothing: sale for distribution to needy

-STATUTE-

(a) Subject to regulations under section 121 of title 40, the

Secretary of the Navy, under regulations prescribed by him, may

sell, at nominal prices, to recognized charitable organizations, to

States and subdivisions thereof, and to municipalities

nonregulation and excess clothing that may be available for

distribution to the needy. The clothing may be sold only if the

purchaser agrees not to resell it but to give it to the needy.

(b) A fair proportionate allotment of clothing to be sold under

this section shall be set aside for distribution in each State and

the District of Columbia. An allotment so set aside may not be sold

for other distribution until at least 30 days after the allotment

was made.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 465; Pub. L. 96-513, title V,

Sec. 513(39), Dec. 12, 1980, 94 Stat. 2934; Pub. L. 107-217, Sec.

3(b)(33), 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)

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

7542 34 U.S.C. 546d. Dec. 23, 1932, ch.

8, 47 Stat. 751;

Oct. 31, 1951, ch.

654, Sec. 2(22), 65

Stat. 707.

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

In subsection (a) the words ''absolutely free'' are omitted as

surplusage.

In subsection (b) the words ''for other distribution'' are

substituted for the words ''distribution within any other State''.

The words ''at least'' are added for clarity.

AMENDMENTS

2002 - Subsec. (a). 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 - Subsec. (a). 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. 7543 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 647 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 7543. Useless ordnance material: disposition of proceeds on

sale

-STATUTE-

The net proceeds of sales of useless ordnance material by the

Department of the Navy shall be covered into the Treasury.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 465.)

-MISC1-

Historical and Revision Notes

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

Large)

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

7543 50 U.S.C. 74. Jan. 22, 1923, ch.

28, 42 Stat. 1142

(last 24 words of

5th par.).

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

The words ''as miscellaneous receipts'' are omitted as

surplusage.

-CITE-

10 USC Sec. 7544 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 647 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 7544. Devices and trophies: transfer to other agencies

-STATUTE-

(a) The Secretary of the Navy may, without reimbursement,

transfer to the Secretary of the Treasury devices and trophies for

the promotion of the sale of war bonds or victory bonds. The

Secretary of the Treasury may sell or donate the devices and

trophies for the promotion of the sale of such bonds.

(b) The Secretary of the Navy may, without reimbursement,

transfer to any agency of the United States devices and trophies

for scientific, experimental, monumental, or display purposes.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 465.)

-MISC1-

Historical and Revision Notes

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

Large)

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

7544 34 U.S.C. 546i. Aug. 7, 1946, ch.

804, Sec. 4, 60

Stat. 898.

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

The words ''such * * * as he may in his discretion determine''

are omitted as surplusage.

-CITE-

10 USC Sec. 7545 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 647 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 7545. Obsolete material and articles of historical interest:

loan or gift

-STATUTE-

(a) Authority To Make Loans and Gifts. - The Secretary of the

Navy may lend or give, without expense to the United States, items

described in subsection (b) that are not needed by the Department

of the Navy to any of the following:

(1) A State, Territory, Commonwealth, or possession of the

United States, or political subdivision or municipal corporation

thereof.

(2) The District of Columbia.

(3) A library.

(4) A historical society.

(5) An educational institution whose graduates or students

fought in a foreign war.

(6) A servicemen's monument association.

(7) A State museum.

(8) A museum or memorial operated and maintained for

educational purposes only, whose charter denies it the right to

operate for profit.

(9) A post of the Veterans of Foreign Wars of the United

States.

(10) A post of the American Legion.

(11) Any other recognized war veterans' association.

(12) A post of the Sons of Veterans Reserve.

(b) Items Eligible for Disposal. - This section applies to the

following types of property held by the Department of the Navy:

(1) Captured, condemned, or obsolete ordnance material.

(2) Captured, condemned, or obsolete combat or shipboard

material.

(c) Regulations. - A loan or gift made under this section shall

be subject to regulations prescribed by the Secretary and to

regulations under section 121 of title 40.

(d) Maintenance of the Records of the Government. - Records of

the Government as defined in section 3301 of title 44 may not be

disposed of under this section.

(e) Alternative Authorities To Make Gifts or Loans. - If any

disposition is authorized by this section and section 2572 of this

title, the Secretary may make the gift or loan under either

section.

(f) Authority To Transfer a Portion of a Vessel. - The Secretary

may lend, give, or otherwise transfer any portion of the hull or

superstructure of a vessel stricken from the Naval Vessel Register

and designated for scrapping to a qualified organization specified

in subsection (a). The terms and conditions of an agreement for the

transfer of a portion of a vessel under this section shall include

a requirement that the transferee will maintain the material

conveyed in a condition that will not diminish the historical value

of the material or bring discredit upon the Navy.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 466; Pub. L. 96-513, title V,

Sec. 513(39), (40), Dec. 12, 1980, 94 Stat. 2934, 2935; Pub. L.

104-106, div. A, title X, Sec. 1061(i), Feb. 10, 1996, 110 Stat.

443; Pub. L. 107-107, div. A, title X, Sec. 1043(a)-(c), Dec. 28,

2001, 115 Stat. 1218, 1219; Pub. L. 107-217, Sec. 3(b)(34), Aug.

21, 2002, 116 Stat. 1298; Pub. L. 107-314, div. A, title X, Sec.

1062(e)(2), Dec. 2, 2002, 116 Stat. 2651.)

-MISC1-

Historical and Revision Notes

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

Large)

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

7545 34 U.S.C. 546g. Aug. 7, 1946, ch.

804, Sec. 2, 60

Stat. 897; Oct. 31,

1951, ch. 654, Sec.

2(23), 65 Stat.

707.

34 U.S.C. 546h (last Aug. 7, 1946, ch.

sentence as 804, Sec. 3 (last

applicable to 34 sentence as

U.S.C. 546g). applicable to Sec.

2), 60 Stat. 897.

34 U.S.C. 546k (1st Aug. 7, 1946, ch.

sentence as 804, Sec. 6 (1st

applicable to 34 sentence as

U.S.C. 546g, and 3d applicable to Sec.

sentence). 2, and 3d

sentence), 60 Stat.

898.

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

In subsection (a) the words, ''ordnance material'' are

substituted for the words ''ordnance, guns, projectiles''. Posts

of the Grand Army of the Republic are omitted from the list of

authorized donees because there are no surviving members of that

organization. The word ''Commonwealth'' is inserted to reflect the

present status of Puerto Rico. Specific reference to the Canal Zone

is omitted as unnecessary, since the Zone is a ''possession of the

United States'' as defined in section 101 of this title and is

therefore covered by clause (1).

Subsection (d) is added to note the existence of a later act,

codified in Sec. 2572 of this title, which provides similar

disposal authority, and to give effect to Sec. 2 of the Act of

February 27, 1948, ch. 76, 62 Stat. 37, which is not now contained

in the U.S. Code, and which saves this section despite the apparent

implied repeal.

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-217, as amended by Pub. L.

107-314, substituted ''section 121 of title 40'' for ''section 205

of the Federal Property and Administrative Services Act of 1949 (40

U.S.C. 486)''.

2001 - Subsec. (a). Pub. L. 107-107, Sec. 1043(a)(1), inserted

heading and substituted introductory provisions for provisions

which read as follows: ''Subject to regulations under section 205

of the Federal Property and Administrative Services Act of 1949 (40

U.S.C. 486), the Secretary of the Navy, under regulations

prescribed by him, may lend or give, without expense to the United

States, captured, condemned, or obsolete ordnance material, books,

manuscripts, works of art, drawings, plans, and models, other

condemned or obsolete material, trophies, and flags, and other

material of historic interest not needed by the Department of the

Navy, to - ''.

Subsec. (a)(1) to (12). Pub. L. 107-107, Sec. 1043(a)(2),

capitalized the first letter after the paragraph designation in

each of pars. (1) to (12), substituted a period for a semicolon at

end of pars. (1) to (10) and a period for ''; or'' at end of par.

(11), substituted ''a foreign war'' for ''World War I or World War

II'' in par. (5) and ''servicemen's monument'' for ''soldiers'

monument'' in par. (6), and inserted ''or memorial'' after

''museum'' in par. (8).

Subsecs. (b), (c). Pub. L. 107-107, Sec. 1043(b)(2), added

subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d)

and (e), respectively.

Subsec. (d). Pub. L. 107-107, Sec. 1043(b)(1), (c)(1),

redesignated subsec. (b) as (d) and inserted heading.

Subsec. (e). Pub. L. 107-107, Sec. 1043(b)(1), (c)(2),

redesignated subsec. (c) as (e) and inserted heading.

Subsec. (f). Pub. L. 107-107, Sec. 1043(b)(3), added subsec. (f).

1996 - Subsecs. (c), (d). Pub. L. 104-106 redesignated subsec.

(d) as (c) and struck out former subsec. (c) which read as follows:

''No loan or gift under this section may be made unless -

''(1) notice of the proposal to make the loan or gift is sent

to Congress;

''(2) 30 calendar days of continuous session of Congress have

expired after the notice was sent to Congress; and

''(3) during that 30-day period Congress does not pass a

concurrent resolution stating in substance that it does not favor

the proposed loan or gift.''

1980 - Subsec. (a). Pub. L. 96-513, Sec. 513(39), substituted

''section 205 of the Federal Property and Administrative Services

Act of 1949 (40 U.S.C. 486),'' for ''section 486 of title 40''.

Subsec. (b). Pub. L. 96-513, Sec. 513(40), substituted ''section

3301'' for ''section 366''.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-314, div. A, title X, Sec. 1062(e), Dec. 2, 2002,

116 Stat. 2651, provided that the amendment made by section

1062(e)(2) is effective as if included in Pub. L. 107-217 as

originally enacted.

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 section 7546 of this title.

-CITE-

10 USC Sec. 7546 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 647 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 7546. Loan or gift of articles to ships' sponsors and donors

-STATUTE-

The Secretary of the Navy, under regulations prescribed by him

and without expense to the United States, may lend or give -

(1) to the sponsor of a vessel the name plate or any small

article of negligible or sentimental value from that vessel; and

(2) to any State, group, or organization named in section 7545

of this title any article, material, or equipment, including

silver service, given by it.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 466.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

7546 34 U.S.C. 546h (less Aug. 7, 1946, ch.

applicability to 34 804, Sec. 3 (less

U.S.C. 546g). applicability to

Sec. 2), 60 Stat.

898.

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

The words ''the sponsor'' are substituted for the words ''any

individual who sponsored'' for brevity. The word ''ship'' and the

word ''person'' are omitted as surplusage. The words ''the loans

or gifts described in this section shall be made'' are omitted as

unnecessary, and the words ''under regulations prescribed by him''

are substituted for the words ''subject to such rules and

regulations as may be prescribed by the Secretary of the Navy'' for

brevity.

-CITE-

10 USC Sec. 7547 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 647 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 7547. Equipment for instruction in seamanship: loan to

military schools

-STATUTE-

(a) Upon the application of the governor of any State having a

seacoast or bordering on any of the Great Lakes, the President may

direct the Secretary of the Navy to lend to one well-established

military school in that State that desires to instruct its cadets

in elementary seamanship one fully equipped cutter for every 25

cadets attending the school, and such other equipment adequate for

instruction in elementary seamanship as may be spared.

(b) To be eligible for a loan under this section a school must -

(1) have adequate facilities for cutter drill;

(2) have at least 75 cadets -

(A) at least 15 years of age;

(B) in uniform;

(C) receiving military instruction; and

(D) quartered in barracks under military regulations; and

(3) have the capacity to quarter and educate 150 cadets at one

time.

(c) Whenever a loan is made under this section, the Secretary

shall require a bond in double the value of the property for its

care and return when required.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 466.)

-MISC1-

Historical and Revision Notes

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

Large)

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

7547 34 U.S.C. 1128. Mar. 3, 1901, ch.

863, 31 Stat. 1440;

June 29, 1906, ch.

3612, 34 Stat. 620;

June 24, 1910, ch.

378, 36 Stat. 613

(1st par.).

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

In subsection (a) the word ''lend'' is substituted for the word

''furnish'' because of the provision for return of the equipment.

The words ''man-of-war's'' are omitted as obsolete. The words

''attending the school'' are substituted for the words ''in actual

attendance''.

In subsection (b) the words ''To be eligible for a loan under

this section'' are added, and the subsection is phrased as a

condition.

-CITE-