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10 USC CHAPTER 143 - PRODUCTION BY MILITARY AGENCIES 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 143 - PRODUCTION BY MILITARY AGENCIES

.

-HEAD-

CHAPTER 143 - PRODUCTION BY MILITARY AGENCIES

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Sec.

2421. Plantations and farms: operation, maintenance, and

improvement.

2422. Bakery and dairy products: procurement outside the United

States.

2423. Laundry and dry cleaning services: procurement from

facilities operated by the Navy Resale and Services Support

Office.

2424. Procurement of supplies and services from exchange stores

outside the United States.

AMENDMENTS

1989 - Pub. L. 101-189, div. A, title III, Sec. 323(b), 324(b),

Nov. 29, 1989, 103 Stat. 1414, 1415, added items 2423 and 2424.

1986 - Pub. L. 99-661, div. A, title III, Sec. 312(b), Nov. 14,

1986, 100 Stat. 3852, added item 2422.

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10 USC Sec. 2421 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 143 - PRODUCTION BY MILITARY AGENCIES

-HEAD-

Sec. 2421. Plantations and farms: operation, maintenance, and

improvement

-STATUTE-

(a) Appropriations for the subsistence of members of the Army,

Navy, Air Force, or Marine Corps are available for expenditures

necessary in the operation, maintenance, and improvement of any

plantation or farm, outside the United States and under the

jurisdiction of the Army, Navy, Air Force, or Marine Corps, as the

case may be, for furnishing fresh fruits and vegetables to the

armed forces. However, no land may be acquired under this

subsection.

(b) Fruits and vegetables produced under subsection (a) that are

over the amount furnished or sold to the armed forces or to

civilians serving with the armed forces may be sold only outside

the United States.

(c) Of the persons employed by the United States under subsection

(a), only nationals of the United States are entitled to the

benefits provided by laws relating to the employment, work,

compensation, or other benefits of civilian employees of the United

States.

(d) A plantation or farm covered by subsection (a) shall be

operated, maintained, and improved by a private contractor or

lessee, so far as practicable. Before using members of the Army,

Navy, Air Force, or Marine Corps, as the case may be, the Secretary

concerned must make a reasonable effort to make a contract or lease

with a person in civil life for his services for that operation,

maintenance, or improvement, on terms advantageous to the United

States. A determination by the Secretary as to the reasonableness

of effort to make a contract or lease, and as to the advantageous

nature of its terms, is final.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 138.)

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Historical and Revision Notes

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

Large)

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

2421(a) 2421(b) 10:1213 (less 1st June 28, 1944, ch.

and 2d provisos). 306; restated July

34:555a (less 1st 1, 1947, ch. 188,

and 2d provisos). 61 Stat. 234; Oct.

10:1213 (2d 31, 1951, ch. 654,

proviso). 34:555a Sec. 3(2), 65 Stat.

(2d proviso). 708.

2421(c) 10:1213 (1st

proviso).

34:555a (1st

proviso).

2421(d) 10:1214.

34:555b.

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

In subsection (a), the word ''management'', in 10:1213 and

34:555a, is omitted as covered by the word ''operation''. The word

''members'' is substituted for the word ''personnel''. The word

''may'' is substituted for the word ''shall''. The words ''any and

all'' and ''the purpose of'' are omitted as surplusage.

In subsections (a) and (b), the word ''continental'' is omitted,

since section 101(1) of this title defines the United States to

include the States and the District of Columbia.

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

as surplusage. The words ''Fruits and vegetables produced under

subsection (a)'' are substituted for the words ''That surplus

production''.

In subsection (c), the words ''nationals of the United States''

are substituted for the words ''American nationals''. The words

''civil-service laws and other * * * of the United States'' and

''rights * * * or obligations'' are omitted as surplusage.

In subsection (d), the words ''after the termination of the

present war'' are omitted as executed. The word ''by'' is

substituted for the words ''through the instrumentality of''. The

words ''partnership, association'' are omitted as covered by the

definition of ''person'' in section 1 of title 1. The words

''United States'' are substituted for the word ''Government''. The

words ''management'', ''for that purpose'', and ''or agreement''

are omitted as surplusage.

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10 USC Sec. 2422 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 143 - PRODUCTION BY MILITARY AGENCIES

-HEAD-

Sec. 2422. Bakery and dairy products: procurement outside the

United States

-STATUTE-

(a) The Secretary of Defense may authorize any element of the

Department of Defense that procures bakery and dairy products for

use by the armed forces outside the United States to procure any

products described in subsection (b) through the use of procedures

other than competitive procedures.

(b) The products referred to in subsection (a) are bakery or

dairy products produced by the Army and Air Force Exchange Service

in a facility outside the United States that began operating before

July 1, 1986.

-SOURCE-

(Added Pub. L. 99-661, div. A, title III, Sec. 312(a), Nov. 14,

1986, 100 Stat. 3851.)

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10 USC Sec. 2423 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 143 - PRODUCTION BY MILITARY AGENCIES

-HEAD-

Sec. 2423. Laundry and dry cleaning services: procurement from

facilities operated by the Navy Resale and Services Support

Office

-STATUTE-

(a) Authority. - The Secretary of Defense may authorize an

element of the Department of Defense to enter into a contract

(through the use of procedures other than competitive procedures)

with a laundry and dry cleaning facility operated by the Navy

Resale and Services Support Office to procure laundry and dry

cleaning services for the armed forces outside the United States.

(b) Application. - Subsection (a) shall apply only with respect

to a laundry and dry cleaning facility of the Navy Resale and

Services Support Office that began operating before October 1,

1989.

-SOURCE-

(Added Pub. L. 101-189, div. A, title III, Sec. 323(a), Nov. 29,

1989, 103 Stat. 1414.)

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10 USC Sec. 2424 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 143 - PRODUCTION BY MILITARY AGENCIES

-HEAD-

Sec. 2424. Procurement of supplies and services from exchange

stores outside the United States

-STATUTE-

(a) Authority. - The Secretary of Defense may authorize an

element of the Department of Defense to enter into a contract

(through the use of procedures other than competitive procedures)

with an exchange store operated under the jurisdiction of the

Secretary of a military department outside the United States to

procure supplies or services for use by the armed forces outside

the United States.

(b) Limitations. - (1) A contract may not be entered into under

subsection (a) in an amount in excess of $50,000.

(2) Supplies provided under a contract entered into under

subsection (a) shall be provided from the stocks of the exchange

store on hand as of the date the contract is entered into with that

exchange store.

(3) A contract entered into with an exchange store under

subsection (a) may not provide for the procurement of services not

regularly provided by that exchange store.

(c) Exception. - Paragraphs (1) and (2) of subsection (b) do not

apply to contracts for the procurement of soft drinks that are

manufactured in the United States. The Secretary of Defense shall

prescribe in regulations the standards and procedures for

determining whether a particular beverage is a soft drink and

whether the beverage was manufactured in the United States.

-SOURCE-

(Added Pub. L. 101-189, div. A, title III, Sec. 324(a), Nov. 29,

1989, 103 Stat. 1414; amended Pub. L. 103-355, title III, Sec.

3066, Oct. 13, 1994, 108 Stat. 3337; Pub. L. 104-106, div. D,

title XLIII, Sec. 4321(b)(17), Feb. 10, 1996, 110 Stat. 673.)

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AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-106 inserted heading and

substituted ''particular beverage'' for ''particular drink'' and

''beverage was'' for ''drink was''.

1994 - Subsec. (c). Pub. L. 103-355 added subsec. (c).

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by Pub. L.

104-106, see section 4401 of Pub. L. 104-106, set out as a note

under section 251 of Title 41, Public Contracts.

OPERATION OF STARS AND STRIPES BOOKSTORES OVERSEAS BY MILITARY

EXCHANGES

Section 353 of Pub. L. 103-160 provided that:

''(a) Requirement. - The Secretary of Defense shall provide for

the commencement, not later than October 1, 1994, of the operation

of Stars and Stripes bookstores outside of the United States by the

military exchanges.

''(b) Regulations. - The Secretary of Defense shall prescribe

regulations to carry out subsection (a).''

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