US (United States) Code. Title 10. Subtitle D: Air Force. Chapter 943: Disposal of obsolete or surplus material

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces. Service, supply and procurement

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10 USC CHAPTER 943 - DISPOSAL OF OBSOLETE OR SURPLUS

MATERIAL 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 943 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

.

-HEAD-

CHAPTER 943 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

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Sec.

9681. Surplus war material: sale to States and foreign governments.

9682. Obsolete or excess material: sale to National Council of Boy

Scouts of America.

9684. Surplus obsolete ordnance: sale to patriotic organizations.

9685. Obsolete ordnance: loan to educational institutions and State

soldiers' and sailors' orphans' homes.

9686. Obsolete ordnance: gift to State homes for soldiers and

sailors.

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10 USC Sec. 9681 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 943 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 9681. Surplus war material: sale to States and foreign

governments

-STATUTE-

Subject to regulations under section 121 of title 40, the

Secretary of the Air Force may sell surplus war material and

supplies, except food, of the Department of the Air Force, 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. 583; Pub. L. 96-513, title V,

Sec. 514(18), Dec. 12, 1980, 94 Stat. 2936; Pub. L. 107-217, Sec.

3(b)(36), Aug. 21, 2002, 116 Stat. 1298.)

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Historical and Revision Notes

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

Large)

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9681 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 Air Force'' 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.

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10 USC Sec. 9682 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 943 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 9682. 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 Air Force, 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 Air Force,

including packing, handling, and transportation.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 583; Pub. L. 96-513, title V,

Sec. 514(18), Dec. 12, 1980, 94 Stat. 2936; Pub. L. 107-217, Sec.

3(b)(37), Aug. 21, 2002, 116 Stat. 1298.)

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Historical and Revision Notes

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

Large)

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9682 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. 9684 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 943 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 9684. Surplus obsolete ordnance: sale to patriotic

organizations

-STATUTE-

Subject to regulations under section 121 of title 40, the

Secretary of the Air Force 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. 583; Pub. L. 96-513, title V,

Sec. 514(18), Dec. 12, 1980, 94 Stat. 2936; Pub. L. 107-217, Sec.

3(b)(38), Aug. 21, 2002, 116 Stat. 1298.)

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Historical and Revision Notes

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

Large)

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9684 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.

The words ''the Chief of Ordnance'' are omitted, since the

functions which, for the Army, are assigned by statute to

subordinate officers of the Army, are, for the Air Force, assigned

to the Secretary of the Air Force.

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.

-CITE-

10 USC Sec. 9685 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 943 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 9685. 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 Air Force, 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. 584.)

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Historical and Revision Notes

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

Large)

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9685(a) 50:62a (1st par. and June 30, 1906, ch.

proviso of last 3938, 34 Stat. 817.

par.).

9685(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.

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10 USC Sec. 9686 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 943 - DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

-HEAD-

Sec. 9686. Obsolete ordnance: gift to State homes for soldiers and

sailors

-STATUTE-

Subject to regulations under section 121 of title 40, the

Secretary of the Air Force 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. 584; Pub. L. 96-513, title V,

Sec. 514(18), Dec. 12, 1980, 94 Stat. 2936; Pub. L. 107-217, Sec.

3(b)(39), Aug. 21, 2002, 116 Stat. 1298.)

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Historical and Revision Notes

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

Large)

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9686 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.

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

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 (2d 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 of the Army, 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 9684 of this

title provides an alternative method for the disposal of obsolete

cannon.

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.

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