10 U.S.C. IV
United States Code, 2009 Edition
Title 10 - ARMED FORCES
Subtitle B - Army
PART IV - SERVICE, SUPPLY, AND PROCUREMENT
From the U.S. Government Printing Office, www.gpo.gov

PART IV—SERVICE, SUPPLY, AND PROCUREMENT

Chap.
Sec.
[431.
Repealed.]
433.
Procurement
4531
434.
Armaments Industrial Base
4551
435.
Issue of Serviceable Material to Armed Forces
4561
437.
Utilities and Services
4591
439.
Sale of Serviceable Material
4621
441.
Issue of Serviceable Material Other Than to Armed Forces
4651
443.
Disposal of Obsolete or Surplus Material
4681
445.
Disposition of Effects of Deceased Persons; Captured Flags
4712
447.
Transportation
4741
449.
Real Property
4771
451.
Military Claims
4801
453.
Accountability and Responsibility
4831

        

Amendments

2000—Pub. L. 106–398, §1 [[div. A], title III, §344(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–71, added item for chapter 434.

1999—Pub. L. 106–65, div. A, title VII, §721(c)(7), Oct. 5, 1999, 113 Stat. 695, substituted “Disposition” for “Inquests; Disposition” and “4712” for “4711” in item for chapter 445.

1993—Pub. L. 103–160, div. A, title VIII, §828(b)(2), Nov. 30, 1993, 107 Stat. 1714, struck out item for chapter 431 “Industrial Mobilization, Research, and Development”.

[CHAPTER 431—REPEALED]

[§§4501 to 4508. Repealed. Pub. L. 103–160, div. A, title VIII, §§822(a)(2), (b)(3), (c)(2), 823(1), 827(c), 828(c)(6), Nov. 30, 1993, 107 Stat. 1705–1707, 1713, 1714]

Section 4501, act Aug. 10, 1956, ch. 1041, 70A Stat. 251, related to industrial mobilization by the President in time of war. See section 2538 of this title.

Section 4502, act Aug. 10, 1956, ch. 1041, 70A Stat. 252, related to maintenance by Secretary of the Army of lists of plants equipped to manufacture arms or ammunition and of plants convertible into ammunition factories and provided for a Board on Mobilization of Industries Essential for Military Preparedness. See sections 2539 and 2539a of this title.

Section 4503, act Aug. 10, 1956, ch. 1041, 70A Stat. 252, related to research and development programs of the Army.

Section 4504, act Aug. 10, 1956, ch. 1041, 70A Stat. 252, related to procurement of ordnance, signal, and chemical warfare supplies for experimental purposes by Secretary of the Army. See section 2373 of this title.

Section 4505, act Aug. 10, 1956, ch. 1041, 70A Stat. 252, related to procurement by Secretary of the Army of production equipment.

Section 4506, act Aug. 10, 1956, ch. 1041, 70A Stat. 253, related to sale, loan, or gift of samples, drawings, and information to contractors.

Section 4507, act Aug. 10, 1956, ch. 1041, 70A Stat. 253, related to sale of ordnance and ordnance stores to designers.

Section 4508, acts Aug. 10, 1956, ch. 1041, 70A Stat. 253; Nov. 2, 1966, Pub. L. 89–718, §27, 80 Stat. 1119, related tests of iron, steel, and other materials.

CHAPTER 433—PROCUREMENT

Sec.
[4531.
Repealed.]
4532.
Factories and arsenals: manufacture at; abolition of.
[4533 to 4535. Repealed.]
4536.
Equipment: post bakeries, schools, kitchens, and mess halls.
[4537 to 4539. Repealed.]
4540.
Architectural and engineering services.
4541.
Army arsenals: treatment of unutilized or underutilized plant-capacity costs.
4542.
Technical data packages for large-caliber cannon: prohibition on transfers to foreign countries; exception.
4543.
Army industrial facilities: sales of manufactured articles or services outside Department of Defense.
4544.
Army industrial facilities: cooperative activities with non-Army entities.

        

Amendments

2004—Pub. L. 108–375, div. A, title III, §353(b), Oct. 28, 2004, 118 Stat. 1861, added item 4544.

2000—Pub. L. 106–398, §1 [[div. A], title III, §342(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–65, added item 4541.

1993—Pub. L. 103–160, div. A, title I, §158(a)(2), title VIII, §828(a)(5), Nov. 30, 1993, 107 Stat. 1582, 1713, struck out items 4531 “Authorization”, 4533 “Army ration”, 4534 “Subsistence supplies: contract stipulations; place of delivery on inspection”, 4535 “Exceptional subsistence supplies: purchase without advertising”, 4537 “Military surveys and maps: assistance of United States mapping agencies”, 4538 “Unserviceable ammunition: exchange and reclamation”, and 4541 “Gratuitous services of officers of the Army Reserve” and added item 4543.

1986—Pub. L. 99–500, §101(c) [title IX, §9036(b)(2)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–108, and Pub. L. 99–591, §101(c) [title IX, §9036(b)(2)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–108; Pub. L. 99–661, div. A, title XII, §1203(a)(2), Nov. 14, 1986, 100 Stat. 3969, amended analysis identically adding item 4542.

1982—Pub. L. 97–258, §2(b)(9)(A), Sept. 13, 1982, 96 Stat. 1056, added item 4541.

1970—Pub. L. 91–482, §2A, Oct. 21, 1970, 84 Stat. 1082, struck out item 4539 “Horses and mules”.

[§4531. Repealed. Pub. L. 103–160, div. A, title VIII, §823(2), Nov. 30, 1993, 107 Stat. 1707]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 253, authorized Secretary of the Army to procure materials and facilities necessary to maintain and support the Army.

§4532. Factories and arsenals: manufacture at; abolition of

(a) The Secretary of the Army shall have supplies needed for the Department of the Army made in factories or arsenals owned by the United States, so far as those factories or arsenals can make those supplies on an economical basis.

(b) The Secretary may abolish any United States arsenal that he considers unnecessary.

(Aug. 10, 1956, ch. 1041, 70A Stat. 254.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4532(a)

4532(b)

5:181–4(e).

50:55.

June 28, 1950, ch. 383, §101(e), 64 Stat. 264.

R.S. 1666.

The words “Except as otherwise provided by law”, in 5:181–4(e), are omitted, since there is no law within the scope of the exception. The word “made” is substituted for the words “manufactured or produced”. The words “United States” are substituted for the word “Government”, in 5:181–4(e). The words “which he considers” are substituted for the words “as, in his judgment”, in 50:55. The words “useless or”, in 50:55, are omitted as surplusage.

Sale of Arsenal

Act Mar. 3, 1875, ch. 174, 18 Stat. 510, authorized the sale of the arsenal at Detroit, Michigan.

[§§4533 to 4535. Repealed. Pub. L. 103–160, div. A, title VIII, §823(3)–(5), Nov. 30, 1993, 107 Stat. 1707]

Section 4533, act Aug. 10, 1956, ch. 1041, 70A Stat. 254, related to purchases of army rations.

Section 4534, act Aug. 10, 1956, ch. 1041, 70A Stat. 254, related to subsistence supplies, contract stipulations, and place of delivery on inspection.

Section 4535, act Aug. 10, 1956, ch. 1041, 70A Stat. 254, provided that exceptional subsistence supplies could be purchased without advertising.

§4536. Equipment: post bakeries, schools, kitchens, and mess halls

Money necessary for the following items for the use of enlisted members of the Army may be spent from appropriations for regular supplies:

(1) Equipment for post bakeries.

(2) Furniture, textbooks, paper, and equipment for post schools.

(3) Tableware and mess furniture for kitchens and mess halls.

(Aug. 10, 1956, ch. 1041, 70A Stat. 254.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4536 10:1334. June 13, 1890, ch. 423 (1st proviso under “Quartermaster's Department”), 26 Stat. 152.

The words “Money necessary may be spent” are substituted for the words “There may be expended the amounts required”. The word “bakeries” is substituted for the words “bake house to carry on post bakeries”. The words “each and all” are omitted as surplusage.

[§§4537, 4538. Repealed. Pub. L. 103–160, div. A, title VIII, §823(6), (7), Nov. 30, 1993, 107 Stat. 1707]

Section 4537, acts Aug. 10, 1956, ch. 1041, 70A Stat. 254; Nov. 2, 1966, Pub. L. 89–718, §8(a), 80 Stat. 1117; Dec. 12, 1980, Pub. L. 96–513, title V, §512(14), 94 Stat. 2930, authorized Secretary of the Army to obtain assistance of United States mapping agencies in making and developing military surveys and maps.

Section 4538, acts Aug. 10, 1956, ch. 1041, 70A Stat. 255; Dec. 12, 1980, Pub. L. 96–513, title V, §512(15), 94 Stat. 2930, related to exchange and reclamation of unserviceable ammunition.

[§4539. Repealed. Pub. L. 91–482, §1(a), Oct. 21, 1970, 84 Stat. 1082]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 255, provided for purchase of horses and mules in open market at Army posts, within maximum prices prescribed by Secretary of the Army.

§4540. Architectural and engineering services

(a) Whenever he considers that it is advantageous to the national defense and that existing facilities of the Department of the Army are inadequate, the Secretary of the Army may, by contract or otherwise, employ the architectural or engineering services of any person outside that Department for producing and delivering designs, plans, drawings, and specifications needed for any public works or utilities project of the Department.

(b) The fee for any service under this section may not be more than 6 percent of the estimated cost, as determined by the Secretary, of the project to which it applies.

(c) Sections 305, 3324, and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5 do not apply to employment under this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 255; Pub. L. 89–718, §28, Nov. 2, 1966, 80 Stat. 1119; Pub. L. 95–454, title VII, §703(c)(3), title VIII, §801(a)(3)(I), Oct. 13, 1978, 92 Stat. 1217, 1222; Pub. L. 96–513, title V, §512(16), Dec. 12, 1980, 94 Stat. 2930.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4540(a) 5:221 (1st sentence, less last 15 words). Aug. 7, 1939, ch. 511, §2, 53 Stat. 1240.
4540(b) 5:221 (less 1st sentence).
4540(c) 5:221 (last 15 words of 1st sentence).

In subsection (a), the words “and providing that in the opinion” are omitted as covered by the words “whenever he considers”. The words “needed for” are substituted for the words “required for the accomplishment of”.

In subsection (c), reference is made in substance to the Classification Act of 1949, instead of the Classification Act of 1923 referred to in the source statute, since section 1106(a) of the Classification Act of 1949, 63 Stat. 972, provides that all references in other acts to the Classification Act of 1923 should be considered to refer to the Classification Act of 1949.

Amendments

1980—Subsec. (c). Pub. L. 96–513 substituted “and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5” for “5101–5115, 5331–5338, 5341, 5342, and 7204 of title 5 and subchapter VI of chapter 53 of title 5”.

1978—Subsec. (c). Pub. L. 95–454, §801(a)(3)(I), inserted reference to subchapter VI of chapter 53 of title 5.

Pub. L. 95–454, §703(c)(3), substituted “7204” for “7154”.

1966—Subsec. (c). Pub. L. 89–718 substituted “Sections 305, 3324, 5101–5115, 5331–5338, 5341, 5342, and 7154 of title 5” for “Sections 1071–1153 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.

Effective Date of 1978 Amendment

Amendment by section 703(c)(3) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of Title 5, Government Organization and Employees.

Amendment by section 801(a)(3)(I) of Pub. L. 95–454 effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of Title 5.

§4541. Army arsenals: treatment of unutilized or underutilized plant-capacity costs

(a) Estimate of Costs.—The Secretary of the Army shall include in the budget justification documents submitted to Congress in support of the President's budget for a fiscal year submitted under section 1105 of title 31 an estimate of the funds to be required in that fiscal year to cover unutilized and underutilized plant-capacity costs at Army arsenals.

(b) Use of Funds.—Funds appropriated to the Secretary of the Army for a fiscal year to cover unutilized and underutilized plant-capacity costs at Army arsenals shall be used in such fiscal year only for such costs.

(c) Treatment of Costs.—(1) The Secretary of the Army shall not include unutilized and underutilized plant-capacity costs when evaluating the bid of an Army arsenal for purposes of the arsenal's contracting to provide a good or service to a Government agency.

(2) When an Army arsenal is serving as a subcontractor to a private-sector entity with respect to a good or service to be provided to a Government agency, the cost charged by the arsenal shall not include unutilized and underutilized plant-capacity costs that are funded by a direct appropriation.

(d) Definitions.—In this section:

(1) The term “Army arsenal” means a Government-owned, Government-operated defense plant of the Department of the Army that manufactures weapons, weapon components, or both.

(2) The term “unutilized and underutilized plant-capacity costs” means the costs associated with operating and maintaining the facilities and equipment of an Army arsenal that the Secretary of the Army determines are required to be kept for mobilization needs, in those months in which the facilities and equipment are not used or are used only 20 percent or less of available work days.

(Added Pub. L. 106–398, §1 [[div. A], title III, §342(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–64.)

Prior Provisions

A prior section 4541, added Pub. L. 97–258, §2(b)(9)(B), Sept. 13, 1982, 96 Stat. 1056, authorized Secretary of the Army to accept gratuitous services of officers of the Army Reserve, prior to repeal by Pub. L. 103–160, div. A, title VIII, §822(d)(2), Nov. 30, 1993, 107 Stat. 1707. See section 10212 of this title.

§4542. Technical data packages for large-caliber cannon: prohibition on transfers to foreign countries; exception

(a) General Rule.—Funds appropriated to the Department of Defense may not be used—

(1) to transfer to a foreign country a technical data package for a defense item being manufactured or developed in an arsenal; or

(2) to assist a foreign country in producing such a defense item.


(b) Exception.—The Secretary of the Army may use funds appropriated to the Department of Defense to transfer a technical data package, or to provide assistance, described in subsection (a) if—

(1) the transfer or provision of assistance is to a friendly foreign country (as determined by the Secretary of Defense in consultation with the Secretary of State);

(2) the Secretary of the Army determines that such action—

(A) would have a clear benefit to the preservation of the production base for the production of cannon at the arsenal concerned; and

(B) would not transfer technology (including production techniques) considered unique to the arsenal concerned, except as provided in subsection (e); and


(3) the Secretary of Defense enters into an agreement with the country concerned described in subsection (c) or (d).


(c) Coproduction Agreements.—An agreement under this subsection shall be in the form of a Government-to-Government Memorandum of Understanding and shall include provisions that—

(1) prescribe the content of the technical data package or assistance to be transferred to the foreign country participating in the agreement;

(2) require that production by the participating foreign country of the defense item to which the technical data package or assistance relates be shared with the arsenal concerned;

(3) subject to such exceptions as may be approved under subsection (f), prohibit transfer by the participating foreign country to a third party or country of—

(A) any defense article, technical data package, technology, or assistance provided by the United States under the agreement; and

(B) any defense article produced by the participating foreign country under the agreement; and


(4) require the Secretary of Defense to monitor compliance with the agreement and the participating foreign country to report periodically to the Secretary of Defense concerning the agreement.


(d) Cooperative Project Agreements.—An agreement under this subsection is a cooperative project agreement under section 27 of the Arms Export Control Act (22 U.S.C. 2767) which includes provisions that—

(1) for development phases describe the technical data to be transferred and for the production phase prescribe the content of the technical data package or assistance to be transferred to the foreign country participating in the agreement;

(2) require that at least the United States production of the defense item to which the technical data package or assistance relates be carried out by the arsenal concerned; and

(3) require the Secretary of Defense to monitor compliance with the agreement.


(e) Licensing Fees and Royalties.—The limitation in subsection (b)(2)(B) shall not apply if the technology (or production technique) transferred is subject to nonexclusive license and payment of any negotiated licensing fee or royalty that reflects the cost of development, implementation, and prove-out of the technology or production technique. Any negotiated license fee or royalty shall be placed in the operating fund of the arsenal concerned for the purpose of capital investment and technology development at that arsenal.

(f) Transfers to Third Parties.—A transfer described in subsection (c)(3) may be made if—

(1) the defense article, technical data package, or technology to be transferred is a product of a cooperative research and development program or a cooperative project in which the United States and the participating foreign country were partners; or

(2) the President—

(A) complies with all requirements of section 3(d) of the Arms Export Control Act (22 U.S.C. 2753(d)) with respect to such transfer; and

(B) certifies to Congress, before the transfer, that the transfer would provide a clear benefit to the production base of the United States for large-caliber cannon.


(g) Notice and Reports to Congress.—(1) The Secretary of the Army shall submit to Congress a notice of each agreement entered into under this section.

(2) The Secretary shall submit to Congress a semi-annual report on the operation of this section and of agreements entered into under this section.

(h) Arsenal Defined.—In this section, the term “arsenal” means a Government-owned, Government-operated defense plant that manufactures large-caliber cannon.

(Added Pub. L. 99–500, §101(c) [title IX, §9036(b)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–107, and Pub. L. 99–591, §101(c) [title IX, §9036(b)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–107; Pub. L. 99–661, div. A, title XII, §1203(a)(1), Nov. 14, 1986, 100 Stat. 3968; amended Pub. L. 101–189, div. A, title VIII, §806, Nov. 29, 1989, 103 Stat. 1489; Pub. L. 102–190, div. A, title X, §§1061(a)(24), 1086, Dec. 5, 1991, 105 Stat. 1473, 1483.)

Codification

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 added identical sections.

Amendments

1991—Subsec. (b)(1). Pub. L. 102–190, §1086(a), substituted “friendly foreign country” for “member nation of the North Atlantic Treaty Organization or a country designated as a major non-NATO ally”.

Subsec. (c)(3). Pub. L. 102–190, §§1061(a)(24)(A), 1086(b)(1), amended par. (3) identically, substituting “subsection (f)” for “subsection (d)” in introductory provisions.

Subsec. (f). Pub. L. 102–190, §§1061(a)(24)(B), 1086(b)(2), amended subsec. identically, substituting “subsection (c)(3)” for “subsection (b)(3)” in introductory provisions.

1989—Subsec. (b)(1). Pub. L. 101–189, §806(a)(1), substituted “a member nation of the North Atlantic Treaty Organization or a country designated as a major non-NATO ally” for “a friendly foreign country”.

Subsec. (b)(2)(B). Pub. L. 101–189, §806(a)(2), inserted “, except as provided in subsection (e)” after “arsenal concerned”.

Subsec. (b)(3). Pub. L. 101–189, §806(a)(3), inserted “or (d)” after “subsection (c)”.

Subsecs. (d), (e). Pub. L. 101–189, §806(b)(2), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (f) and (g), respectively.

Subsec. (f). Pub. L. 101–189, §806(b)(1), redesignated subsec. (d) as (f). Former subsec. (f) redesignated (h).

Subsec. (f)(1). Pub. L. 101–189, §806(c), inserted “or a cooperative project” after “cooperative research and development program”.

Subsecs. (g), (h). Pub. L. 101–189, §806(b)(1), redesignated subsecs. (e) and (f) as (g) and (h), respectively.

Effective Date

Section 101(c) [title IX, §9036(c)] of Pub. L. 99–500 and Pub. L. 99–591, and section 1203(b) of Pub. L. 99–661 provided that: “Section 4542 of title 10, United States Code, as added by subsection (a), shall apply with respect to funds appropriated for fiscal years after fiscal year 1986.”

Rule of Construction for Duplicate Authorization and Appropriation Provisions of Public Laws 99–500, 99–591, and 99–661

For rule of construction for certain duplicate provisions of Public Laws 99–500, 99–591, and 99–661, see Pub. L. 100–26, §6, Apr. 21, 1987, 101 Stat. 274, set out as a note under section 2302 of this title.

§4543. Army industrial facilities: sales of manufactured articles or services outside Department of Defense

(a) Authority To Sell Outside DOD.—Regulations under section 2208(h) of this title shall authorize a working-capital funded Army industrial facility (including a Department of the Army arsenal) that manufactures large caliber cannons, gun mounts, recoil mechanisms, ammunition, munitions, or components thereof to sell manufactured articles or services to a person outside the Department of Defense if—

(1) in the case of an article, the article is sold to a United States manufacturer, assembler, developer, or other concern—

(A) for use in developing new products;

(B) for incorporation into items to be sold to, or to be used in a contract with, an agency of the United States;

(C) for incorporation into items to be sold to, or to be used in a contract with, or to be used for purposes of soliciting a contract with, a friendly foreign government; or

(D) for use in commercial products;


(2) in the case of an article, the purchaser is determined by the Department of Defense to be qualified to carry out the proposed work involving the article to be purchased;

(3) the sale is to be made on a basis that does not interfere with performance of work by the facility for the Department of Defense or for a contractor of the Department of Defense;

(4) in the case of services, the services are related to an article authorized to be sold under this section and are to be performed in the United States for the purchaser;

(5) the Secretary of the Army determines that the articles or services are not available from a commercial source located in the United States;

(6) the purchaser of an article or service agrees to hold harmless and indemnify the United States, except in a case of willful misconduct or gross negligence, from any claim for damages or injury to any person or property arising out of the article or service;

(7) the article to be sold can be manufactured, or the service to be sold can be substantially performed, by the industrial facility with only incidental subcontracting;

(8) it is in the public interest to manufacture such article or perform such service; and

(9) the sale will not interfere with performance of the military mission of the industrial facility.


(b) Additional Requirements.—The regulations shall also—

(1) require that the authority to sell articles or services under the regulations be exercised at the level of the commander of the major subordinate command of the Army with responsibility over the facility concerned;

(2) authorize a purchaser of articles or services to use advance incremental funding to pay for the articles or services; and

(3) in the case of a sale of commercial articles or commercial services in accordance with subsection (a) by a facility that manufactures large caliber cannons, gun mounts, or recoil mechanisms, or components thereof, authorize such facility—

(A) to charge the buyer, at a minimum, the variable costs that are associated with the commercial articles or commercial services sold;

(B) to enter into a firm, fixed-price contract or, if agreed by the buyer, a cost reimbursement contract for the sale; and

(C) to develop and maintain (from sources other than appropriated funds) working capital to be available for paying design costs, planning costs, procurement costs, and other costs associated with the commercial articles or commercial services sold.


(c) Relationship to Arms Export Control Act.—Nothing in this section shall be construed to affect the application of the export controls provided for in section 38 of the Arms Export Control Act (22 U.S.C. 2778) to items which incorporate or are produced through the use of an article sold under this section.

(d) Definitions.—In this section:

(1) The term “commercial article” means an article that is usable for a nondefense purpose.

(2) The term “commercial service” means a service that is usable for a nondefense purpose.

(3) The term “advance incremental funding”, with respect to a sale of articles or services, means a series of partial payments for the articles or services that includes—

(A) one or more partial payments before the commencement of work or the incurring of costs in connection with the production of the articles or the performance of the services, as the case may be; and

(B) subsequent progress payments that result in full payment being completed as the required work is being completed.


(4) The term “variable costs”, with respect to sales of articles or services, means the costs that are expected to fluctuate directly with the volume of sales and—

(A) in the case of articles, the volume of production necessary to satisfy the sales orders; or

(B) in the case of services, the extent of the services sold.

(Added Pub. L. 103–160, div. A, title I, §158(a)(1), Nov. 30, 1993, 107 Stat. 1581; amended Pub. L. 103–337, div. A, title I, §141, Oct. 5, 1994, 108 Stat. 2688.)

Amendments

1994—Subsec. (a). Pub. L. 103–337 struck out “nondefense-related commercial” after “sell manufactured” in introductory provisions and added pars. (5) to (9).

Regulations

Section 158(c) of Pub. L. 103–160 provided that: “Regulations under subsection (b) of section 4543 of title 10, United States Code, as added by subsection (a), shall be prescribed not later than 30 days after the date of the enactment of this Act [Nov. 30, 1993].”

Pilot Program on Sales of Manufactured Articles and Services of Certain Army Industrial Facilities Without Regard to Availability From Domestic Sources

Pub. L. 107–314, div. A, title I, §111(c), Dec. 2, 2002, 116 Stat. 2473, provided that: “The Inspector General of the Department of Defense shall review the experience under the pilot program carried out under such section 141 [section 141 of Pub. L. 105–85, set out as a note below] and, not later than July 1, 2003, submit to Congress a report on the results of the review. The report shall contain the views, information, and recommendations called for under subsection (d) of such section (as redesignated by subsection (b)(2)). In carrying out the review and preparing the report, the Inspector General shall take into consideration the report submitted to Congress under such subsection (as so redesignated).”

Pub. L. 105–85, div. A, title I, §141, Nov. 18, 1997, 111 Stat. 1652, as amended by Pub. L. 106–65, div. A, title I, §115, Oct. 5, 1999, 113 Stat. 533; Pub. L. 107–107, div. A, title I, §112, Dec. 28, 2001, 115 Stat. 1029; Pub. L. 107–314, div. A, title I, §111(a), (b), Dec. 2, 2002, 116 Stat. 2473; Pub. L. 108–375, div. A, title VIII, §844, Oct. 28, 2004, 118 Stat. 2019, provided that:

“(a) Pilot Program Required.—During fiscal years 1998 through 2009, the Secretary of the Army shall carry out a pilot program to test the efficacy and appropriateness of selling manufactured articles and services of Army industrial facilities under section 4543 of title 10, United States Code, without regard to the availability of the articles and services from United States commercial sources. In carrying out the pilot program, the Secretary may use articles manufactured at, and services provided by, not more than three Army industrial facilities, except that during fiscal year 2002 the Secretary may only use articles manufactured at, and services provided by, not more than one Army industrial facility.

“(b) Temporary Waiver of Requirement for Determination of Unavailability From Domestic Source.—Under the pilot program, the Secretary of the Army is not required under section 4543(a)(5) of title 10, United States Code, to determine whether an article or service is available from a commercial source located in the United States in the case of any of the following sales for which a solicitation of offers is issued during the period during which the pilot program is being conducted:

“(1) A sale of articles to be incorporated into a weapon system being procured by the Department of Defense.

“(2) A sale of services to be used in the manufacture of a weapon system being procured by the Department of Defense.

“(c) Transfer of Certain Sums.—For each Army industrial facility participating in the pilot program that sells manufactured articles and services in a total amount in excess of $20,000,000 in any fiscal year, the amount equal to one-half of one percent of such total amount shall be transferred from the sums in the Army Working Capital Fund for unutilized plant capacity to appropriations available for the following fiscal year for the demilitarization of conventional ammunition by the Army.

“(d) Review by Inspector General.—The Inspector General of the Department of Defense shall review the experience under the pilot program under this section and, not later than July 1, 1999, submit to Congress a report on the results of the review. The report shall contain the following:

“(1) The Inspector General's views regarding the extent to which the waiver under subsection (b) enhances the opportunity for United States manufacturers, assemblers, developers, and other concerns to enter into or participate in contracts and teaming arrangements with Army industrial facilities under weapon system programs of the Department of Defense.

“(2) The Inspector General's views regarding the extent to which the waiver under subsection (b) enhances the opportunity for Army industrial facilities referred to in section 4543(a) of title 10, United States Code, to enter into or participate in contracts and teaming arrangements with United States manufacturers, assemblers, developers, and other concerns under weapon system programs of the Department of Defense.

“(3) The Inspector General's views regarding the effect of the waiver under subsection (b) on the ability of small businesses to compete for the sale of manufactured articles or services in the United States in competitions to enter into or participate in contracts and teaming arrangements under weapon system programs of the Department of Defense.

“(4) Specific examples under the pilot program that support the Inspector General's views.

“(5) Any other information that the Inspector General considers pertinent regarding the effects of the waiver of section 4543(a)(5) of title 10, United States Code, under the pilot program on opportunities for United States manufacturers, assemblers, developers, or other concerns, and for Army industrial facilities, to enter into or participate in contracts and teaming arrangements under weapon system programs of the Department of Defense.

“(6) Any recommendations that the Inspector General considers appropriate regarding continuation or modification of the policy set forth in section 4543(a)(5) of title 10, United States Code.”

§4544. Army industrial facilities: cooperative activities with non-Army entities

(a) Cooperative Arrangements Authorized.—A working-capital funded Army industrial facility may enter into a contract or other cooperative arrangement with a non-Army entity to carry out with the non-Army entity a military or commercial project described in subsection (b), subject to the conditions prescribed in subsection (c). This authority may be used to enter into not more than eight contracts or cooperative agreements in addition to the contracts and cooperative agreements in place as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181).

(b) Authorized Activities.—A cooperative arrangement entered into by an Army industrial facility under subsection (a) may provide for any of the following activities:

(1) The sale of articles manufactured by the facility or services performed by the facility to persons outside the Department of the Army.

(2) The performance of work by a non-Army entity at the facility.

(3) The performance of work by the facility for a non-Army entity.

(4) The sharing of work by the facility and a non-Army entity.

(5) The leasing, or use under a facilities use contract or otherwise, of the facility (including excess capacity) or equipment (including excess equipment) of the facility by a non-Army entity.

(6) The preparation and submission of joint offers by the facility and a non-Army entity for competitive procurements entered into with Federal agency.


(c) Conditions.—An activity authorized by subsection (b) may be carried out at an Army industrial facility under a cooperative arrangement entered into under subsection (a) only under the following conditions:

(1) In the case of an article to be manufactured or services to be performed by the facility, the articles can be substantially manufactured, or the services can be substantially performed, by the facility without subcontracting for more than incidental performance.

(2) The activity does not interfere with performance of—

(A) work by the facility for the Department of Defense; or

(B) a military mission of the facility.


(3) The activity meets one of the following objectives:

(A) Maximized utilization of the capacity of the facility.

(B) Reduction or elimination of the cost of ownership of the facility.

(C) Reduction in the cost of manufacturing or maintaining Department of Defense products at the facility.

(D) Preservation of skills or equipment related to a core competency of the facility.


(4) The non-Army entity agrees to hold harmless and indemnify the United States from any liability or claim for damages or injury to any person or property arising out of the activity, including any damages or injury arising out of a decision by the Secretary of the Army or the Secretary of Defense to suspend or terminate an activity, or any portion thereof, during a war or national emergency or to require the facility to perform other work or provide other services on a priority basis, except—

(A) in any case of willful misconduct or gross negligence; and

(B) in the case of a claim by a purchaser of articles or services under this section that damages or injury arose from the failure of the United States to comply with quality, schedule, or cost performance requirements in the contract to carry out the activity.


(d) Arrangement Methods and Authorities.—To establish a cooperative arrangement under subsection (a) with a non-Army entity, the approval authority described in subsection (f) for an Army industrial facility may—

(1) enter into a firm, fixed-price contract (or, if agreed to by the non-Army entity, a cost reimbursement contract) for a sale of articles or services or use of equipment or facilities;

(2) enter into a multiyear contract for a period not to exceed five years, unless a longer period is specifically authorized by law;

(3) charge the non-Army entity the amounts necessary to recover the full costs of the articles or services provided, including capital improvement costs, and equipment depreciation costs associated with providing the articles, services, equipment, or facilities;

(4) authorize the non-Army entity to use incremental funding to pay for the articles, services, or use of equipment or facilities; and

(5) accept payment-in-kind.


(e) Proceeds Credited to Working Capital Fund.—The proceeds received from the sale of an article or service pursuant to a contract or other cooperative arrangement under this section shall be credited to the working capital fund that incurs the cost of manufacturing the article or performing the service.

(f) Approval Authority.—The authority of an Army industrial facility to enter into a cooperative arrangement under subsection (a) shall be exercised at the level of the commander of the major subordinate command of the Army that has responsibility for the facility. The commander may approve such an arrangement on a case-by-case basis or a class basis.

(g) Commercial Sales.—Except in the case of work performed for the Department of Defense, for a contract of the Department of Defense, for foreign military sales, or for authorized foreign direct commercial sales (defense articles or defense services sold to a foreign government or international organization under export controls), a sale of articles or services may be made under this section only if the approval authority described in subsection (f) determines that the articles or services are not available from a commercial source located in the United States in the required quantity or quality, or within the time required.

(h) Exclusion From Depot-Level Maintenance and Repair Percentage Limitation.—Amounts expended for the performance of a depot-level maintenance and repair workload by non-Federal Government personnel at an Army industrial facility shall not be counted for purposes of applying the percentage limitation in section 2466(a) of this title if the personnel are provided by a non-Army entity pursuant to a cooperative arrangement entered into under subsection (a).

(i) Relationship to Other Laws.—Nothing in this section shall be construed to affect the application of—

(1) foreign military sales and the export controls provided for in sections 30 and 38 of the Arms Export Control Act (22 U.S.C. 2770 and 2778) to activities of a cooperative arrangement entered into under subsection (a); and

(2) section 2667 of this title to leases of non-excess property in the administration of such an arrangement.


(j) Definitions.—In this section:

(1) The term “Army industrial facility” includes an ammunition plant, an arsenal, a depot, and a manufacturing plant.

(2) The term “non-Army entity” includes the following:

(A) A Federal agency (other than the Department of the Army).

(B) An entity in industry or commercial sales.

(C) A State or political subdivision of a State.

(D) An institution of higher education or vocational training institution.


(3) The term “incremental funding” means a series of partial payments that—

(A) are made as the work on manufacture or articles is being performed or services are being performed or equipment or facilities are used, as the case may be; and

(B) result in full payment being completed as the required work is being completed.


(4) The term “full costs”, with respect to articles or services provided under a cooperative arrangement entered into under subsection (a), means the variable costs and the fixed costs that are directly related to the production of the articles or the provision of the services.

(5) The term “variable costs” means the costs that are expected to fluctuate directly with the volume of sales or services provided or the use of equipment or facilities.


(k) Expiration of Authority.—The authority to enter into a cooperative arrangement under subsection (a) expires September 30, 2014.

(Added Pub. L. 108–375, div. A, title III, §353(a), Oct. 28, 2004, 118 Stat. 1859; amended Pub. L. 109–163, div. A, title III, §321, Jan. 6, 2006, 119 Stat. 3191; Pub. L. 109–364, div. A, title X, §1071(a)(29), Oct. 17, 2006, 120 Stat. 2399; Pub. L. 110–181, div. A, title III, §328(a), Jan. 28, 2008, 122 Stat. 66; Pub. L. 111–84, div. A, title III, §324(a), Oct. 28, 2009, 123 Stat. 2253.)

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, referred to in subsec. (a), is the date of enactment of Pub. L. 110–181, which was approved Jan. 28, 2008.

Amendments

2009—Subsec. (a). Pub. L. 111–84 inserted “in addition to the contracts and cooperative agreements in place as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181)” after “not more than eight contracts or cooperative agreements”.

2008—Subsec. (a). Pub. L. 110–181, §328(a)(1), inserted at end “This authority may be used to enter into not more than eight contracts or cooperative agreements.”

Subsec. (k). Pub. L. 110–181, §328(a)(2), substituted “2014” for “2009”.

2006—Subsec. (d). Pub. L. 109–364 substituted “Arrangement” for “Arangement” in heading.

Pub. L. 109–163, §321(b)(1), substituted “subsection (f)” for “subsection (e)” in introductory provisions.

Subsecs. (e), (f). Pub. L. 109–163, §321(b)(2), (3), added subsec. (e) and redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 109–163, §321(b)(4), substituted “subsection (f)” for “subsection (e)”.

Pub. L. 109–163, §321(b)(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsecs. (h), (i). Pub. L. 109–163, §321(b)(2), redesignated subsecs. (g) and (h) as (h) and (i), respectively. Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 109–163, §321(b)(2), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k).

Pub. L. 109–163, §321(a), substituted “September 30, 2009.” for “September 30, 2009, and arrangements entered into under such subsection shall terminate not later than that date.”

Subsec. (k). Pub. L. 109–163, §321(b)(2), redesignated subsec. (j) as (k).

Reports

Pub. L. 110–181, div. A, title III, §328(b), Jan. 28, 2008, 122 Stat. 66, as amended by Pub. L. 111–84, div. A, title III, §324(b), Oct. 28, 2009, 123 Stat. 2253, provided that:

“(1) Annual report on use of authority.—The Secretary of the Army shall submit to Congress at the same time the budget of the President is submitted to Congress for fiscal years 2009 through 2016 under section 1105 of title 31, United States Code, a report on the use of the authority provided under section 4544 of title 10, United States Code.

“(2) Analysis of use of authority.—Not later than September 30, 2012, the Secretary of the Army shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report—

“(A) assessing the advisability of making such authority permanent and eliminating the limitation on the number of contracts or cooperative arrangements that may be entered into pursuant to such authority;

“(B) assessing the benefit to the Federal Government of using such authority;

“(C) assessing the impact of the use of such authority on the availability of facilities needed by the Army and on the private sector; and

“(D) describing the steps taken to comply with the requirements under section 4544(g) of title 10, United States Code.”

CHAPTER 434—ARMAMENTS INDUSTRIAL BASE

Sec.
4551.
Definitions.
4552.
Policy.
4553.
Armament Retooling and Manufacturing Support Initiative.
4554.
Property management contracts and leases.
4555.
ARMS Initiative loan guarantee program.

        

§4551. Definitions

In this chapter:

(1) The term “ARMS Initiative” means the Armament Retooling and Manufacturing Support Initiative authorized by this chapter.

(2) The term “eligible facility” means a Government-owned, contractor-operated ammunition manufacturing facility, or a Government-owned, contractor-operated depot for the storage, maintenance, renovation, or demilitarization of ammunition, of the Department of the Army that is in an active, inactive, layaway, or caretaker status.

(3) The term “property manager” includes any person or entity managing an eligible facility made available under the ARMS Initiative through a property management contract.

(4) The term “property management contract” includes facility use contracts, site management contracts, leases, and other agreements entered into under the authority of this chapter.

(5) The term “Secretary” means the Secretary of the Army.

(Added Pub. L. 106–398, §1 [[div. A], title III, §344(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–67; amended Pub. L. 109–163, div. A, title III, §323(a), Jan. 6, 2006, 119 Stat. 3193.)

Amendments

2006—Par. (2). Pub. L. 109–163, §323(a), inserted “, or a Government-owned, contractor-operated depot for the storage, maintenance, renovation, or demilitarization of ammunition,” after “manufacturing facility”.

Arsenal Support Program Initiative

Pub. L. 106–398, §1 [[div. A], title III, §343], Oct. 30, 2000, 114 Stat. 1654, 1654A–65, as amended by Pub. L. 107–314, div. A, title III, §362, Dec. 2, 2002, 116 Stat. 2519; Pub. L. 108–375, div. A, title III, §342, Oct. 28, 2004, 118 Stat. 1857; Pub. L. 110–181, div. A, title III, §341, Jan. 28, 2008, 122 Stat. 69; Pub. L. 111–84, div. A, title III, §354, Oct. 28, 2009, 123 Stat. 2264, provided that:

“(a) Demonstration Program Required.—To help maintain the viability of the Army manufacturing arsenals and the unique capabilities of these arsenals to support the national security interests of the United States, the Secretary of the Army shall carry out a demonstration program under this section during fiscal years 2001 through 2011 at each manufacturing arsenal of the Department of the Army.

“(b) Purposes of Demonstration Program.—The purposes of the demonstration program are as follows:

“(1) To provide for the utilization of the existing skilled workforce at the Army manufacturing arsenals by commercial firms.

“(2) To provide for the reemployment and retraining of skilled workers who, as a result of declining workload and reduced Army spending on arsenal production requirements at these Army arsenals, are idled or underemployed.

“(3) To encourage commercial firms, to the maximum extent practicable, to use these Army arsenals for commercial purposes.

“(4) To increase the opportunities for small businesses (including socially and economically disadvantaged small business concerns and new small businesses) to use these Army arsenals for those purposes.

“(5) To maintain in the United States a work force having the skills in manufacturing processes that are necessary to meet industrial emergency planned requirements for national security purposes.

“(6) To demonstrate innovative business practices, to support Department of Defense acquisition reform, and to serve as both a model and a laboratory for future defense conversion initiatives of the Department of Defense.

“(7) To the maximum extent practicable, to allow the operation of these Army arsenals to be rapidly responsive to the forces of free market competition.

“(8) To reduce or eliminate the cost of Government ownership of these Army arsenals, including the costs of operations and maintenance, the costs of environmental remediation, and other costs.

“(9) To reduce the cost of products of the Department of Defense produced at these Army arsenals.

“(10) To leverage private investment at these Army arsenals through long-term facility use contracts, property management contracts, leases, or other agreements that support and advance the demonstration program for the following activities:

“(A) Recapitalization of plant and equipment.

“(B) Environmental remediation.

“(C) Promotion of commercial business ventures.

“(D) Other activities approved by the Secretary of the Army.

“(11) To foster cooperation between the Department of the Army, property managers, commercial interests, and State and local agencies in the implementation of sustainable development strategies and investment in these Army arsenals.

“(c) Contract Authority.—(1) In the case of each Army manufacturing arsenal, the Secretary of the Army may enter into contracts with commercial firms to authorize the contractors, consistent with section 4543 of title 10, United States Code—

“(A) to use the arsenal, or a portion of the arsenal, and the skilled workforce at the arsenal to manufacture weapons, weapon components, or related products consistent with the purposes of the program; and

“(B) to enter into subcontracts for the commercial use of the arsenal consistent with such purposes.

“(2) A contract under paragraph (1) shall require the contractor to contribute toward the operation and maintenance of the Army manufacturing arsenal covered by the contract.

“(3) In the event an Army manufacturing arsenal is converted to contractor operation, the Secretary may enter into a contract with the contractor to authorize the contractor, consistent with section 4543 of title 10, United States Code—

“(A) to use the facility during the period of the program in a manner consistent with the purposes of the program; and

“(B) to enter into subcontracts for the commercial use of the facility consistent with such purposes.

“(d) Loan Guarantees.—(1) Subject to paragraph (2), the Secretary of the Army may guarantee the repayment of any loan made to a commercial firm to fund, in whole or in part, the establishment of a commercial activity at an Army manufacturing arsenal under this section.

“(2) Loan guarantees under this subsection may not be committed except to the extent that appropriations of budget authority to cover their costs are made in advance, as required by section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).

“(3) The Secretary of the Army may enter into agreements with the Administrator of the Small Business Administration or the Administrator of the Farmers Home Administration, the Administrator of the Rural Development Administration, or the head of other appropriate agencies of the Department of Agriculture, under which such Administrators may, under this subsection—

“(A) process applications for loan guarantees;

“(B) guarantee repayment of loans; and

“(C) provide any other services to the Secretary of the Army to administer this subsection.

“(4) An Administrator referred to in paragraph (3) may guarantee loans under this section to commercial firms of any size, notwithstanding any limitations on the size of applicants imposed on other loan guarantee programs that the Administrator administers. To the extent practicable, each Administrator shall use the same procedures for processing loan guarantee applications under this subsection as the Administrator uses for processing loan guarantee applications under other loan guarantee programs that the Administrator administers.

“(e) Loan Limits.—The maximum amount of loan principal guaranteed during a fiscal year under subsection (d) may not exceed—

“(1) $20,000,000, with respect to any single borrower; and

“(2) $320,000,000 with respect to all borrowers.

“(f) Transfer of Funds.—The Secretary of the Army may transfer to an Administrator providing services under subsection (d), and the Administrator may accept, such funds as may be necessary to administer loan guarantees under such subsection.

“(g) Reporting Requirements.—(1) Not later than July 1 of each year in which a guarantee issued under subsection (d) is in effect, the Secretary of the Army shall submit to Congress a report specifying the amounts of loans guaranteed under such subsection during the preceding calendar year. No report is required after fiscal year 2011.

“(2) Not later than July 1, 2007, the Secretary of the Army shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the results of the demonstration program since its implementation, including the Secretary's views regarding the benefits of the program for Army manufacturing arsenals and the Department of the Army and the success of the program in achieving the purposes specified in subsection (b). The report shall contain a comprehensive review of contracting at the Army manufacturing arsenals covered by the program and such recommendations as the Secretary considers appropriate regarding changes to the program.”

§4552. Policy

It is the policy of the United States—

(1) to encourage, to the maximum extent practicable, commercial firms to use Government-owned, contractor-operated ammunition manufacturing, storage, maintenance, renovation, and demilitarization facilities of the Department of the Army;

(2) to use such facilities for supporting programs, projects, policies, and initiatives that promote competition in the private sector of the United States economy and that advance United States interests in the global marketplace;

(3) to increase the manufacture of products inside the United States;

(4) to support policies and programs that provide manufacturers with incentives to assist the United States in making more efficient and economical use of eligible facilities for commercial purposes;

(5) to provide, as appropriate, small businesses (including socially and economically disadvantaged small business concerns and new small businesses) with incentives that encourage those businesses to undertake manufacturing and other industrial processing activities that contribute to the prosperity of the United States;

(6) to encourage the creation of jobs through increased investment in the private sector of the United States economy;

(7) to foster a more efficient, cost-effective, and adaptable armaments industry in the United States;

(8) to achieve, with respect to armaments manufacturing, storage, maintenance, renovation, and demilitarization capacity, an optimum level of readiness of the national technology and industrial base within the United States that is consistent with the projected threats to the national security of the United States and the projected emergency requirements of the armed forces; and

(9) to encourage facility use contracting where feasible.

(Added Pub. L. 106–398, §1 [[div. A], title III, §344(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–67; amended Pub. L. 109–163, div. A, title III, §323(c), Jan. 6, 2006, 119 Stat. 3194.)

Amendments

2006—Pars. (1), (8). Pub. L. 109–163 inserted “, storage, maintenance, renovation, and demilitarization” after “manufacturing”.

§4553. Armament Retooling and Manufacturing Support Initiative

(a) Authority for Initiative.—The Secretary may carry out a program to be known as the “Armament Retooling and Manufacturing Support Initiative”.

(b) Purposes.—The purposes of the ARMS Initiative are as follows:

(1) To encourage commercial firms, to the maximum extent practicable, to use eligible facilities for commercial purposes.

(2) To increase the opportunities for small businesses (including socially and economically disadvantaged small business concerns and new small businesses) to use eligible facilities for those purposes.

(3) To maintain in the United States a work force having the skills necessary to meet industrial emergency planned requirements for national security purposes.

(4) To demonstrate innovative business practices, to support Department of Defense acquisition reform, and to serve as both a model and a laboratory for future defense conversion initiatives of the Department of Defense.

(5) To the maximum extent practicable, to allow the operation of eligible facilities to be rapidly responsive to the forces of free market competition.

(6) To reduce or eliminate the cost of Government ownership of eligible facilities, including the costs of operations and maintenance, the costs of environmental remediation, and other costs.

(7) To reduce the cost of products of the Department of Defense produced at eligible facilities.

(8) To leverage private investment at eligible facilities through long-term facility use contracts, property management contracts, leases, or other agreements that support and advance the policies and purposes of this chapter, for the following activities:

(A) Recapitalization of plant and equipment.

(B) Environmental remediation.

(C) Promotion of commercial business ventures.

(D) Other activities approved by the Secretary.


(9) To foster cooperation between the Department of the Army, property managers, commercial interests, and State and local agencies in the implementation of sustainable development strategies and investment in eligible facilities made available for purposes of the ARMS Initiative.

(10) To reduce or eliminate the cost of asset disposal that would be incurred if property at an eligible facility was declared excess to the needs of the Department of the Army.


(c) Availability of Facilities.—The Secretary may make any eligible facility available for the purposes of the ARMS Initiative.

(d) Consideration for Leases.—Section 1302 of title 40 shall not apply to uses of property or facilities in accordance with the ARMS Initiative.

(e) Program Support.—(1) Funds appropriated for purposes of the ARMS Initiative may be used for administrative support and management.

(2) A full annual accounting of such expenses for each fiscal year shall be provided to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives not later than March 30 of the following fiscal year.

(Added Pub. L. 106–398, §1 [[div. A], title III, §344(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–68; amended Pub. L. 108–178, §4(b)(5), Dec. 15, 2003, 117 Stat. 2641; Pub. L. 109–163, div. A, title III, §323(d), Jan. 6, 2006, 119 Stat. 3194.)

Amendments

2006—Subsec. (b)(3). Pub. L. 109–163 struck out “in manufacturing processes that are” after “having the skills”.

2003—Subsec. (d). Pub. L. 108–178 substituted “Section 1302 of title 40” for “Section 321 of the Act of June 30, 1932 (40 U.S.C. 303b),”.

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.

§4554. Property management contracts and leases

(a) In General.—In the case of each eligible facility that is made available for the ARMS Initiative, the Secretary—

(1) shall make full use of facility use contracts, leases, and other such commercial contractual instruments as may be appropriate;

(2) shall evaluate, on the basis of efficiency, cost, emergency mobilization requirements, and the goals and purposes of the ARMS Initiative, the procurement of services from the property manager, including maintenance, operation, modification, infrastructure, environmental restoration and remediation, and disposal of ammunition manufacturing assets, and other services; and

(3) may, in carrying out paragraphs (1) and (2)—

(A) enter into contracts, and provide for subcontracts, for terms up to 25 years, as the Secretary considers appropriate and consistent with the needs of the Department of the Army and the goals and purposes of the ARMS Initiative; and

(B) use procedures that are authorized to be used under section 2304(c)(5) of this title when the contractor or subcontractor is a source specified in law.


(b) Consideration for Use.—(1) To the extent provided in a contract entered into under this section for the use of property at an eligible facility that is accountable under the contract, the Secretary may accept consideration for such use that is, in whole or in part, in a form other than—

(A) rental payments; or

(B) revenue generated at the facility.


(2) Forms of consideration acceptable under paragraph (1) for a use of an eligible facility or any property at an eligible facility include the following:

(A) The improvement, maintenance, protection, repair, and restoration of the facility, the property, or any property within the boundaries of the installation where the facility is located.

(B) Reductions in overhead costs.

(C) Reductions in product cost.

(D) The demilitarization and storage of conventional ammunition.


(3) The authority under paragraph (1) may be exercised without regard to section 3302(b) of title 31 and any other provision of law.

(Added Pub. L. 106–398, §1 [[div. A], title III, §344(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–69; amended Pub. L. 109–163, div. A, title III, §323(b), Jan. 6, 2006, 119 Stat. 3194.)

Amendments

2006—Subsec. (b)(2)(D). Pub. L. 109–163 added subpar. (D).

Implementation Report

Pub. L. 106–398, §1 [[div. A], title III, §344(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–71, provided that, not later than July 1, 2001, the Secretary of Defense was to submit to the congressional defense committees a report on the procedures and controls implemented to carry out this section.

§4555. ARMS Initiative loan guarantee program

(a) Program Authorized.—Subject to subsection (b), the Secretary may carry out a loan guarantee program to encourage commercial firms to use eligible facilities under this chapter. Under any such program, the Secretary may guarantee the repayment of any loan made to a commercial firm to fund, in whole or in part, the establishment of a commercial activity to use an eligible facility under this chapter.

(b) Advanced Budget Authority.—Loan guarantees under this section may not be committed except to the extent that appropriations of budget authority to cover their costs are made in advance, as required by section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).

(c) Program Administration.—(1) The Secretary may enter into an agreement with any of the officials named in paragraph (2) under which that official may, for the purposes of this section—

(A) process applications for loan guarantees;

(B) guarantee repayment of loans; and

(C) provide any other services to the Secretary to administer the loan guarantee program.


(2) The officials referred to in paragraph (1) are as follows:

(A) The Administrator of the Small Business Administration.

(B) The head of any appropriate agency in the Department of Agriculture, including—

(i) the Administrator of the Farmers Home Administration; and

(ii) the Administrator of the Rural Development Administration.


(3) Each official authorized to do so under an agreement entered into under paragraph (1) may guarantee loans under this section to commercial firms of any size, notwithstanding any limitations on the size of applicants imposed on other loan guarantee programs that the official administers.

(4) To the extent practicable, each official processing loan guarantee applications under this section pursuant to an agreement entered into under paragraph (1) shall use the same processing procedures as the official uses for processing loan guarantee applications under other loan guarantee programs that the official administers.

(d) Loan Limits.—The maximum amount of loan principal guaranteed during a fiscal year under this section may not exceed—

(1) $20,000,000, with respect to any single borrower; and

(2) $320,000,000 with respect to all borrowers.


(e) Transfer of Funds.—The Secretary may transfer to an official providing services under subsection (c), and that official may accept, such funds as may be necessary to administer the loan guarantee program under this section.

(Added Pub. L. 106–398, §1 [[div. A], title III, §344(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–70.)

CHAPTER 435—ISSUE OF SERVICEABLE MATERIAL TO ARMED FORCES

Sec.
4561.
Rations.
4562.
Clothing.
4563.
Clothing: replacement when destroyed to prevent contagion.
4564.
Navy and Marine Corps: camp equipment and transportation; when on shore duty with Army.
4565.
Colors, standards, and guidons of demobilized organizations: disposition.

        

§4561. Rations

(a) The President may prescribe the components, and the quantities thereof, of the Army ration. He may direct the issue of equivalent articles in place of the prescribed components whenever, in his opinion, economy and the health and comfort of the members of the Army so require.

(b) Under the direction of the Secretary of the Army, the branch, office, or officer designated by him shall issue the components of the Army ration.

(c) An enlisted member of the Army on active duty is entitled to one ration daily. The emergency ration, when issued, is in addition to the regular ration.

(d) Fresh or preserved fruits, milk, butter, and eggs necessary for the proper diet of the sick in hospitals shall be provided under regulations prescribed by the Surgeon General and approved by the Secretary.

(Aug. 10, 1956, ch. 1041, 70A Stat. 255.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4561(a)

4561(b)

 

4561(c)

 

4561(d)

10:724.

10:1195a (as applicable to issue).

10:716b.

10:725.

10:726.

R.S. 1141 (as applicable to issue); June 28, 1950, ch. 383, §402(a), 64 Stat. 272.

Feb. 2, 1901, ch. 192, §40, 31 Stat. 758.

  R.S. 1293; July 16, 1892, ch. 195 (last 15 words before proviso under “Subsistence of the Army”), 27 Stat. 178.
  Mar. 2, 1907, ch. 2511 (1st proviso under “Subsistence Department”), 34 Stat. 1165.

R.S. 1175.

In subsection (a), the words “the components, and the quantities thereof” are substituted for the words “the kinds and quantities of the component articles”. The words “substitutive” and “a due regard” are omitted as surplusage.

In subsection (b), the words “the components of the Army ration” are substituted for the words “such supplies as enter into the composition of the ration”.

In subsection (c), the words “on active duty” are inserted for clarity. The words “under such regulations as may be prescribed by the Secretary of the Army”, in 10:725, are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The words “or reserve”, “prescribed for use on emergent occasions”, and “furnished”, in 10:725, are omitted as surplusage.

In subsection (d), the words “Such quantities of” and “may be allowed” are omitted as surplusage.

Delegation of Authority

Authority of President under subsec. (a) of this section to prescribe uniform military ration applicable to Army delegated to Secretary of Defense by section 3(a) of Ex. Ord. No. 12781, Nov. 20, 1991, 56 F.R. 59203, set out as a note under section 301 of Title 3, The President.

§4562. Clothing

The President may prescribe the quantity and kind of clothing to be issued annually to members of the Army.

(Aug. 10, 1956, ch. 1041, 70A Stat. 256.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4562 10:831. R.S. 1296 (less 1st 9 words).

The words “members of the Army” are substituted for the words “troops of the United States”.

§4563. Clothing: replacement when destroyed to prevent contagion

Upon the recommendation of the Surgeon General, the Secretary of the Army may order a gratuitous issue of clothing to any enlisted member of the Army who has had a contagious disease, and to any hospital attendant who attended him while he had that disease, to replace clothing destroyed by order of an officer of the Medical Corps to prevent contagion.

(Aug. 10, 1956, ch. 1041, 70A Stat. 256.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4563 10:834. R.S. 1298.

The words “enlisted member” are substituted for the word “soldiers”. The words “any articles of their” are omitted as surplusage. The words “while he had that disease” are inserted for clarity. The words “an officer of the Medical Corps” are substituted for the words “proper medical officers”.

§4564. Navy and Marine Corps: camp equipment and transportation; when on shore duty with Army

While any detachment of the Navy or Marine Corps is on shore duty in cooperation with troops of the Army, the officer of the Army designated by the Secretary of the Army shall, upon the requisition of the officer of the Navy or Marine Corps in command of the detachment, issue rations and camp equipment, and furnish transportation, to that detachment.

(Aug. 10, 1956, ch. 1041, 70A Stat. 256.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4564 10:1259d.

10:1259e.

34:541.

R.S. 1143; June 28, 1950, ch. 383, §402(a), 64 Stat. 272.
  R.S. 1135; June 28, 1950, ch. 383, §402(a), 64 Stat. 272.

The words “While on shore duty” are substituted for the words “under orders to act on shore”, in 10:1259d and 1259e, and 34:541. The words “branch, office, or” and “during the time such detachment is so acting or proceeding to act”, in 10:1259d and 1259e, and 34:541, are omitted as surplusage. The words “their baggage, provisions, and cannon”, in 10:1259e and 34:541, are omitted as surplusage. The words “and shall furnish the naval officer commanding any such detachment, and his necessary aides, with horses, accouterments, and forage”, in 10:1259e and 34:541, are omitted as obsolete.

§4565. Colors, standards, and guidons of demobilized organizations: disposition

(a) The Secretary of the Army may dispose of colors, standards, and guidons of demobilized organizations of the Army, as follows:

(1) Those brought into Federal service by the Army National Guard of a State may be returned to that State upon the request of its governor.

(2) Those that cannot be returned under clause (1) may, upon the request of its governor, be sent to the State that, as determined by the Secretary, furnished the majority of members of the organization when it was formed.


Those that cannot be returned or sent under clause (1) or (2) of this subsection shall be delivered to the Secretary for such national use as the Secretary may direct.

(b) Title to colors, standards, and guidons of demobilized organizations of the Army remains in the United States.

(c) No color, standard, or guidon may be disposed of under this section unless provision satisfactory to the Secretary has been made for its preservation and care.

(Aug. 10, 1956, ch. 1041, 70A Stat. 256; Pub. L. 89–718, §29, Nov. 2, 1966, 80 Stat. 1119.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4565(a) 5:202 (less 3d and last sentences). Mar. 4, 1921, ch. 166, §2, 41 Stat. 1438.
4565(b) 5:202 (3d sentence).
4565(c) 5:202 (last sentence).

In subsection (a), the words “Any which were used during their service by such organizations and” are omitted as surplusage. The first 15 words of the last sentence are substituted for 5:202 (1st 45 words of 2d sentence).

Amendments

1966—Subsec. (a). Pub. L. 89–718 substituted the Secretary of the Army for the Quartermaster General as the officer to accept delivery of colors, standards, and guidons of demobilized organizations of the Army which cannot be disposed of under clauses (1) and (2).

CHAPTER 437—UTILITIES AND SERVICES

Sec.
4591.
Utilities: proceeds from overseas operations.
4592.
Radiograms and telegrams: forwarding charges due connecting commercial facilities.
4593.
Quarters: heat and light.
4594.
Furnishing of heraldic services.
4595.
Army Military History Institute: fee for providing historical information to the public.

        

Amendments

2000—Pub. L. 106–398, §1 [[div. A], title X, §1085(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–288, added item 4595.

1957—Pub. L. 85–263, §1(2), Sept. 2, 1957, 71 Stat. 589, added item 4594.

§4591. Utilities: proceeds from overseas operations

During actual or threatened hostilities, proceeds from operating a public utility in connection with operations of the Corps of Engineers in the field overseas are available for that utility until the close of the fiscal year following that in which they are received.

(Aug. 10, 1956, ch. 1041, 70A Stat. 257.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4591 10:1287. July 9, 1918, ch. 143, subch. XX (1st par.), 40 Stat. 893; May 29, 1928, ch. 901 (par. 37), 45 Stat. 989; Aug. 1, 1953, ch. 305, Title VI, §645 (7th clause), 67 Stat. 357.

§4592. Radiograms and telegrams: forwarding charges due connecting commercial facilities

In the operation of telegraph lines, cables, or radio stations, members of the Signal Corps may, in the discretion of the Secretary of the Army, collect forwarding charges due connecting commercial telegraph or radio companies for sending radiograms or telegrams over their lines. Under such regulations as the Secretary may prescribe, they may present a voucher to a disbursing official for payment of the forwarding charge.

(Aug. 10, 1956, ch. 1041, 70A Stat. 257; Pub. L. 97–258, §2(b)(1)(A), Sept. 13, 1982, 96 Stat. 1052; Pub. L. 104–316, title I, §105(e), Oct. 19, 1996, 110 Stat. 3830.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4592 10:1319. May 12, 1917, ch. 12 (proviso under “Washington-Alaska Military Cable and Telegraph System”), 40 Stat. 43.

The words “members of” are inserted for clarity. The words “Government”, “and to this end”, “as may be”, and “amount of such” are omitted as surplusage.

Amendments

1996—Pub. L. 104–316 substituted “of the forwarding” for “, or may file a claim with the General Accounting Office for the forwarding” in second sentence.

1982—Pub. L. 97–258 substituted “official” for “officer”.

§4593. Quarters: heat and light

The heat and light necessary for the authorized quarters of members of the Army shall be furnished at the expense of the United States.

(Aug. 10, 1956, ch. 1041, 70A Stat. 257.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4593 10:723. Mar. 2, 1907, ch. 2511 (1st proviso under “Quartermaster's Department”), 34 Stat. 1167.

The word “members” is substituted for the words “officers and enlisted men”. The words “under such regulations as the Secretary of the Army may prescribe”, are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory function.

Charges for Excess Energy Consumption; Deposit of Proceeds; Applicability; Implementation

Pub. L. 95–82, title V, §507, Aug. 1, 1977, 91 Stat. 372, provided for assessment of charges upon occupants of military family housing facilities for excessive use of energy, prior to repeal by Pub. L. 96–418, title V, §509, title VI, §608, Oct. 10, 1980, 94 Stat. 1767, 1774, eff. Oct. 1, 1980.

§4594. Furnishing of heraldic services

(a) Under regulations to be prescribed by the Secretary of the Army, an authority designated by him may, upon the request of, and subject to approval by, the Secretary of another military department, design flags, insignia, badges, medals, seals, decorations, guidons, streamers, finial pieces for flagstaffs, buttons, buckles, awards, trophies, marks, emblems, rosettes, scrolls, braids, ribbons, knots, tabs, cords, and similar items for the requesting department.

(b) Upon request the Secretary of the Army may advise other departments and agencies of the United States on matters of heraldry.

(c) The Secretary of the Army may prescribe regulations providing for reimbursement for services furnished under this section.

(Added Pub. L. 85–263, §1(1), Sept. 2, 1957, 71 Stat. 589.)

Effective Date

Section 2 of Pub. L. 85–263 provided that: “This Act [enacting this section] takes effect on the first day of the first month after the month in which it is enacted [September 1957].”

§4595. Army Military History Institute: fee for providing historical information to the public

(a) Authority.—Except as provided in subsection (b), the Secretary of the Army may charge a person a fee for providing the person with information from the United States Army Military History Institute that is requested by that person.

(b) Exceptions.—A fee may not be charged under this section—

(1) to a person for information that the person requests to carry out a duty as a member of the armed forces or an officer or employee of the United States; or

(2) for a release of information under section 552 of title 5.


(c) Limitation on Amount.—A fee charged for providing information under this section may not exceed the cost of providing the information.

(d) Retention of Fees.—Amounts received under subsection (a) for providing information in any fiscal year shall be credited to the appropriation or appropriations charged the costs of providing information to the public from the United States Army Military History Institute during that fiscal year.

(e) Definitions.—In this section:

(1) The term “United States Army Military History Institute” means the archive for historical records and materials of the Army that the Secretary of the Army designates as the primary archive for such records and materials.

(2) The terms “officer of the United States” and “employee of the United States” have the meanings given the terms “officer” and “employee”, respectively, in sections 2104 and 2105, respectively, of title 5.

(Added Pub. L. 106–398, §1 [[div. A], title X, §1085(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–287.)

CHAPTER 439—SALE OF SERVICEABLE MATERIAL

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 attache�AE1.
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, §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, §512(18)(C), Dec. 12, 1980, 94 Stat. 2930, inserted “and Airmen's” after “Soldiers’ ” in item 4624.

1970—Pub. L. 91–482, §2B, Oct. 21, 1970, 84 Stat. 1082, struck out item 4623 “Tobacco: enlisted members of Army”.

§4621. Quartermaster supplies: members of armed forces; veterans; executive or military departments and employees; prices

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 257; Pub. L. 87–651, title I, §118, Sept. 7, 1962, 76 Stat. 513; Pub. L. 96–513, title V, §512(17), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 100–180, div. A, title III, §313(c), Dec. 4, 1987, 101 Stat. 1074; Pub. L. 101–189, div. A, title XVI, §1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 104–106, div. A, title III, §375(b)(1), Feb. 10, 1996, 110 Stat. 283.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4621(a)

 

 

 

4621(b)

4621(c)

10:904.

10:1231.

10:1237.

32:156.

10:1238.

10:1233.

Aug. 31, 1918, ch. 166, §9 (less 17th through 22d words), 40 Stat. 957.

R.S. 1144; June 28, 1950, ch. 383, §402(a), 64 Stat. 272.

4621(d)

 

4621(e)

4621(f)

 

4621(g)

4621(h)

4621(i)

10:1234.

34:539

10:1235.

10:1395 (less last sentence).

10:1253.

10:1241.

10:1196.

June 3, 1916, ch. 134, §109; restated June 4, 1920, ch. 227, subch. I, §47; restated June 3, 1924, ch. 244, §3; restated Oct. 14, 1940, ch. 875, §3, 54 Stat. 1136; Mar. 25, 1948, ch. 157, §5(b), 62 Stat. 91; Oct. 12, 1949, ch. 681, §501(f)(2) and (3) (as applicable to §109 of the Act of June 3, 1916, ch. 134), 63 Stat. 827; July 9, 1952, ch. 608, §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, §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, §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, §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, §375(b)(1)(B), substituted “The Secretary” for “The branch, office, or officer designated by the Secretary”.

Subsec. (f). Pub. L. 104–106, §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.

Transfer of Functions

For transfer of functions of Public Health Service, see note set out under section 802 of this title.

Prices Charged Personnel of Civilian Agencies in Germany

Act June 20, 1956, ch. 414, title I, §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, §101, 63 Stat. 713; Sept. 6, 1950, ch. 896, ch. XI, title III, §301, 64 Stat. 763; Nov. 1, 1951, ch. 664, ch. IX, §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, §101, 69 Stat. 269.

§4622. Rations: commissioned officers in field

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.

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

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4622 10:1232. R.S. 1145; June 28, 1950, ch. 383, §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.)

[§4623. Repealed. Pub. L. 91–482, §1(a), Oct. 21, 1970, 84 Stat. 1082]

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.

§4624. Medical supplies: civilian employees of the Army; American National Red Cross; Armed Forces Retirement Home

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 259; Pub. L. 90–329, June 4, 1968, 82 Stat. 170; Pub. L. 96–513, title V, §512(18)(A), (B), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 101–510, div. A, title XV, §1533(a)(5)(A), (B), Nov. 5, 1990, 104 Stat. 1734.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4624(a)

4624(b)

4624(c)

10:1236.

10:1254.

24:58.

Apr. 23, 1904, ch. 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, §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, §1533(a)(5)(B), substituted “Armed Forces Retirement Home” for “Soldiers’ and Airmen's Home” in section catchline.

Subsec. (c). Pub. L. 101–510, §1533(a)(5)(A), substituted “Armed Forces Retirement Home” for “United States Soldiers’ and Airmen's Home”.

1980—Pub. L. 96–513, §512(18)(B), inserted “and Airmen's” after “Soldiers’ ” in section catchline.

Subsec. (c). Pub. L. 96–513, §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.

§4625. Ordnance property: officers of armed forces; civilian employees of Army; American National Red Cross; educational institutions; homes for veterans’ orphans

(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.

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

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4625(a)

 

4625(b)

4625(c)

34:540.

50:70.

50:71.

50:63.

Mar. 3, 1909, ch. 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, §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.

§4626. Aircraft supplies and services: foreign military or air attache�AE1

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 attache�AE1 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.

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

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4626 22:259 (less last sentence). May 31, 1939, ch. 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.)

§4627. Supplies: educational institutions

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.

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

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4627 10:1179 (less proviso). July 17, 1914, ch. 149 (less proviso), 38 Stat. 512.

The words “procured for” are substituted for the words “as are furnished to”. The words “stores mate�AE1riel 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.)

§4628. Airplane parts and accessories: civilian flying schools

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.

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

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4628 10:298c. Feb. 12, 1940, ch. 27, Title I (proviso under “Air Corps”), 54 Stat. 25.

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.)

§4629. Proceeds: disposition

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.

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

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4629 10:1179 (proviso).

10:1395 (last sentence).

Feb. 14, 1927, ch. 134 (last sentence), 44 Stat. 1096.
  22:259 (last sentence). July 17, 1914, ch. 149 (proviso), 38 Stat. 512.

May 31, 1939, ch. 161 (last sentence), 53 Stat. 796.

CHAPTER 441—ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES

Sec.
4651.
Arms, tentage, and equipment: educational institutions not maintaining units of R.O.T.C.
4652.
Rifles and ammunition for target practice: educational institutions having corps of cadets.
4653.
Ordnance and ordnance stores: District of Columbia high schools.
4654.
Quartermaster supplies: military instruction camps.
4655.
Arms and ammunition: agencies and departments of the United States.
4656.
Aircraft and equipment: civilian aviation schools.
4657.
Sale of ammunition for avalanche-control purposes.

        

Amendments

1984—Pub. L. 98–525, title XV, §1538(a)(2), Oct. 19, 1984, 98 Stat. 2636, added item 4657.

§4651. Arms, tentage, and equipment: educational institutions not maintaining units of R.O.T.C.

Under such conditions as he may prescribe, the Secretary of the Army may issue arms, tentage, and equipment that he considers necessary for proper military training, to any educational institution at which no unit of the Reserve Officers’ Training Corps is maintained, but which has a course in military training prescribed by the Secretary and which has at least 100 physically fit students over 14 years of age.

(Aug. 10, 1956, ch. 1041, 70A Stat. 260; Pub. L. 99–145, title XIII, §1301(b(3)(C), Nov. 8, 1985, 99 Stat. 736.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4651 10:1180. June 3, 1916, ch. 134, §55c (words before semicolon); added June 4, 1920, ch. 227, subch. I, §35 (words of last par. before semicolon), 41 Stat. 780.

The reference to schools “other than those provided for in section 381 of this title” is omitted as covered by the descriptions of the educational institutions.

Amendments

1985—Pub. L. 99–145 struck out “male” before “students”.

§4652. Rifles and ammunition for target practice: educational institutions having corps of cadets

(a) The Secretary of the Army may lend, without expense to the United States, magazine rifles and appendages that are not of the existing service models in use at the time and that are not necessary for a proper reserve supply, to any educational institution having a uniformed corps of cadets of sufficient number for target practice. He may also issue 40 rounds of ball cartridges for each cadet for each range at which target practice is held, but not more than 120 rounds each year for each cadet participating in target practice.

(b) The institutions to which property is lent under subsection (a) shall use it for target practice, take proper care of it and return it when required.

(c) The Secretary shall prescribe regulations to carry out this section, containing such other requirements as he considers necessary to safeguard the interests of the United States.

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

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4652(a)

4652(b)

 

 

4652(c)

10:1185 (1st par.).

10:1185 (last par., less 1st 22, and last 19, words).

10:1185 (1st 22, and last 19, words of last par.).

Apr. 27, 1914, ch. 72 (last proviso and last par. under “Manufacture of Arms”), 38 Stat. 370.

In subsection (a), the words “and carrying on military training” and “the maintenance of” are omitted as surplusage. In clause (2), the words “suitable to said arm” are omitted as surplusage.

In subsection (b), the words “shall use it for target practice” are substituted for the words “insuring the designed use of the property issued”. The words “take proper care of it” are substituted for the words “providing against loss to the United States through lack of proper care”.

§4653. Ordnance and ordnance stores: District of Columbia high schools

The Secretary of the Army, under regulations to be prescribed by him, may issue to the high schools of the District of Columbia ordnance and ordnance stores required for military instruction and practice. The Secretary shall require a bond in double the value of the property issued under this section, for the care and safekeeping of that property and, except for property properly expended, for its return when required.

(Aug. 10, 1956, ch. 1041, 70A Stat. 261.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4653 10:1183. Feb. 5, 1891, J. Res. 9, 26 Stat. 1113.

The words “at his discretion and”, “belonging to the Government, and which can be spared for that purpose”, and “in each case” are omitted as surplusage. The words “high schools of the” are substituted for the words “High School of Washington” since the various high schools of the District of Columbia have succeeded the Washington High School that existed at the time the statute was enacted. The words “except for property properly expended” are inserted for clarity.

§4654. Quartermaster supplies: military instruction camps

Under such conditions as he may prescribe, the Secretary of the Army may issue, to any educational institution at which an Army officer is detailed as professor of military science and tactics, such quartermaster supplies as are necessary to establish and maintain a camp for the military instruction of its students. The Secretary shall require a bond in the value of the property issued under this section, for the care and safekeeping of that property and, except for property properly expended, for its return when required.

(Aug. 10, 1956, ch. 1041, 70A Stat. 261.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4654 10:1182. May 18, 1916, ch. 124, 39 Stat. 123.

The words “at his discretion and” and “belonging to the Government, and which can be spared for that purpose, as may appear to be” are omitted as surplusage. The words “except for property properly expended” are inserted for clarity. The word “stores” is omitted as covered by the word “supplies”.

§4655. Arms and ammunition: agencies and departments of the United States

(a) Whenever required for the protection of public money and property, the Secretary of the Army may lend arms and their accouterments, and issue ammunition, to a department or independent agency of the United States, upon request of its head. Property lent or issued under this subsection may be delivered to an officer of the department or agency designated by the head thereof, and that officer shall account for the property to the Secretary of the Army. Property lent or issued under this subsection and not properly expended shall be returned when it is no longer needed.

(b) The department or agency to which property is lent or issued under subsection (a) shall transfer funds to the credit of the Department of the Army to cover the costs of—

(1) ammunition issued;

(2) replacing arms and accouterments that have been lost or destroyed, or cannot be repaired;

(3) repairing arms and accouterments returned to the Department of the Army; and

(4) making and receiving shipments by the Department of the Army.

(Aug. 10, 1956, ch. 1041, 70A Stat. 261.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4655(a)

4655(b)

50:61 (less proviso).

50:61 (proviso).

Mar. 3, 1879, ch. 183 (2d par. under “Miscellaneous”); restated Apr. 14, 1937, ch. 79, 50 Stat. 63.

In subsection (a), the word “lend” is substituted for the word “issue”, with respect to arms and accouterments, since the property must be returned when the necessity for its use has expired. The words “and not properly expended” are inserted for clarity. The words “United States” are substituted for the word “Government”. The word “their” is substituted for the words “suitable for use therewith”. The words “it is no longer needed” are substituted for the words “the necessity for their use has expired”.

In subsection (b), the words “hereafter”, “borrowed”, and “under the authority of this section” are omitted as surplusage.

§4656. Aircraft and equipment: civilian aviation schools

The Secretary of the Army, under regulations to be prescribed by him, may lend aircraft, aircraft parts, and aeronautical equipment and accessories that are required for instruction, training, and maintenance, to accredited civilian aviation schools at which personnel of the Department of the Army or the Department of the Air Force are pursuing a course of instruction and training under detail by competent orders.

(Aug. 10, 1956, ch. 1041, 70A Stat. 261; Pub. L. 97–295, §1(42), Oct. 12, 1982, 96 Stat. 1298.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4656 10:298b. Apr. 3, 1939, ch. 35, §4, 53 Stat. 556.

The words “in his discretion and”, “rules”, “limitations”, and “on hand and belonging to the Government, such articles as may appear to be” are omitted as surplusage. The words “Department of the Army or the Department of the Air Force” are substituted for the words “Military Establishment”, since the authority is reciprocal.

Amendments

1982—Pub. L. 97–295 struck out “, and at least one of which is designated by the Civil Aeronautics Authority for the training of Negro air pilots” after “competent orders”.

§4657. Sale of ammunition for avalanche-control purposes

Subject to the needs of the Army, the Secretary of the Army may sell ammunition for military weapons which are used for avalanche-control purposes to any State (or entity of a State) or to any other non-Federal entity that has been authorized by a State to use those weapons in that State for avalanche-control purposes. Sales of ammunition under this section shall be on a reimbursable basis and shall be subject to the condition that the ammunition be used only for avalanche-control purposes.

(Added Pub. L. 98–525, title XV, §1538(a)(1), Oct. 19, 1984, 98 Stat. 2636.)

Effective Date

Section 1538(b) of Pub. L. 98–525 provided that: “Section 4657 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1984.”

CHAPTER 443—DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

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.
4690.
Recyclable munitions materials: sale; use of proceeds.

        

Amendments

2006—Pub. L. 109–364, div. A, title III, §353(b), Oct. 17, 2006, 120 Stat. 2161, added item 4690.

2002—Pub. L. 107–217, §2(2), Aug. 21, 2002, 116 Stat. 1295, added item 4689.

2000—Pub. L. 106–398, §1 [[div. A], title III, §382(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–85, added item 4688.

1999—Pub. L. 106–65, div. A, title III, §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, §1065(a)(2), Nov. 18, 1997, 111 Stat. 1895, added item 4687.

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

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 262; Pub. L. 96–513, title V, §512(19), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 107–217, §3(b)(24), Aug. 21, 2002, 116 Stat. 1297.)

Historical and Revision Notes
Revised sectionSource (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, §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 “mate�AE1riel”. 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.

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

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 262; Pub. L. 96–513, title V, §512(19), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 107–217, §3(b)(25), Aug. 21, 2002, 116 Stat. 1297.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4682 10:1259. May 15, 1937, ch. 193, 50 Stat. 167; Oct. 31, 1951, ch. 654, §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.

§4683. Excess M–1 rifles: loan or donation for funeral and other ceremonial purposes

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 262; Pub. L. 101–189, div. A, title XVI, §1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 106–65, div. A, title III, §381(a)–(d)(1), Oct. 5, 1999, 113 Stat. 582.)

Historical and Revision Notes
Revised sectionSource (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, §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, §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, §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, §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, §381(e), Oct. 5, 1999, 113 Stat. 583, provided that, not later than two years after Oct. 5, 1999, the Comptroller General was to review the exercise of authority under this section and submit to Congress a report on the findings resulting from the review.

§4684. Surplus obsolete ordnance: sale to patriotic organizations

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 262; Pub. L. 96–513, title V, §512(19), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 107–217, §3(b)(26), Aug. 21, 2002, 116 Stat. 1297.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4684 50:64.

50:68.

May 28, 1908, ch. 215, §14, 35 Stat. 443; June 28, 1950, ch. 383, §402(g), 64 Stat. 273; Oct. 31, 1951, ch. 654, §2(26), 65 Stat. 707.
  Mar. 4, 1909, ch. 319, §47, 35 Stat. 1075; June 28, 1950, ch. 383, §402(i), 64 Stat. 273; Oct. 31, 1951, ch. 654, §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.

§4685. Obsolete ordnance: loan to educational institutions and State soldiers and sailors’ orphans’ homes

(a) Upon the recommendation of the governor of the State concerned or Guam or the Virgin Islands, 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, Guam, and the Virgin Islands 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 263; Pub. L. 109–163, div. A, title X, §1057(a)(10), Jan. 6, 2006, 119 Stat. 3441.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4685(a) 50:62a (1st par. and proviso of last par.). June 30, 1906, ch. 3938, 34 Stat. 817.
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.

Amendments

2006—Subsec. (a). Pub. L. 109–163 substituted “State concerned or Guam or the Virgin Islands” for “State or Territory concerned” and “State, Guam, and the Virgin Islands” for “State and Territorial”.

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

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 263; Pub. L. 96–513, title V, §512(19), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 107–217, §3(b)(27), Aug. 21, 2002, 116 Stat. 1297.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4686 50:66. Feb. 8, 1889, ch. 116, 25 Stat. 657; Oct. 31, 1951, ch. 654, §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, §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.

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

(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(a)(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.

(Added Pub. L. 105–85, div. A, title X, §1065(a)(1), Nov. 18, 1997, 111 Stat. 1893; amended Pub. L. 109–364, div. A, title X, §1071(a)(30), Oct. 17, 2006, 120 Stat. 2399.)

Amendments

2006—Subsec. (c). Pub. L. 109–364 substituted “921(a)(10)” for “921(10)”.

Review of Initial Sales

Pub. L. 105–85, div. A, title X, §1065(b), Nov. 18, 1997, 111 Stat. 1895, provided that for each of the first three fiscal years during which the Secretary of the Army sold ammunition or ammunition components under the authority of this section, the Director of the Army Audit Agency was to conduct a review of sales under this section and, not later than 180 days after the end of each fiscal year in which the review was conducted, the Secretary of the Army was to submit to Congress a report containing the results of the review for the fiscal year covered by the report.

§4688. Armor-piercing ammunition and components: condition on disposal

(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).

(Added Pub. L. 106–398, §1 [[div. A], title III, §382(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–85.)

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 (§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.

Effective Date

Pub. L. 106–398, §1 [[div. A], title III, §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].”

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

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, and the Senate and House Office Buildings.

(Added Pub. L. 107–217, §2(1), Aug. 21, 2002, 116 Stat. 1294; amended Pub. L. 108–375, div. A, title X, §1084(d)(29), Oct. 28, 2004, 118 Stat. 2063.)

Amendments

2004—Pub. L. 108–375 struck out “Building” after “Capitol power plant, the Capitol”.

§4690. Recyclable munitions materials: sale; use of proceeds

(a) Authority for Program.—Notwithstanding section 2577 of this title, the Secretary of the Army may carry out a program to sell recyclable munitions materials resulting from the demilitarization of conventional military munitions without regard to chapter 5 of title 40 and use any proceeds in accordance with subsection (c).

(b) Method of Sale.—The Secretary shall use competitive procedures to sell recyclable munitions materials under this section in a manner consistent with Federal procurement laws and regulations.

(c) Proceeds.—(1) Proceeds from the sale of recyclable munitions materials under this section shall be credited to an account that is specified as being for Army ammunition demilitarization from funds made available for the procurement of ammunition, to be available only for reclamation, recycling, and reuse of conventional military munitions (including research and development and equipment purchased for such purpose).

(2) Amounts credited under this subsection shall be available for obligation for the fiscal year during which the funds are so credited and for three subsequent fiscal years.

(d) Regulations.—The Secretary shall prescribe regulations to carry out the program established under this section. Such regulations shall be consistent and in compliance with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and the regulations implementing that Act.

(Added Pub. L. 109–364, div. A, title III, §353(a), Oct. 17, 2006, 120 Stat. 2161.)

References in Text

The Solid Waste Disposal Act, referred to in subsec. (d), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.

CHAPTER 445—DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED FLAGS

Sec.
[4711.
Repealed.]
4712.
Disposition of effects of deceased persons by summary court-martial.
[4713.
Repealed.]
4714.
Collection of captured flags, standards, and colors.

        

Amendments

1999—Pub. L. 106–65, div. A, title VII, §721(c)(3), (5), Oct. 5, 1999, 113 Stat. 694, 695, substituted “DISPOSITION” for “INQUESTS; DISPOSITION” in chapter heading and struck out item 4711 “Inquests”.

1990—Pub. L. 101–510, div. A, title XV, §1533(a)(7)(B), Nov. 5, 1990, 104 Stat. 1734, struck out item 4713 “Disposition of effects of deceased persons by Soldiers’ and Airmen's Home”.

1980—Pub. L. 96–513, title V, §512(21)(C), Dec. 12, 1980, 94 Stat. 2930, inserted “and Airmen's” after “Soldiers’ ” in item 4713.

[§4711. Repealed. Pub. L. 106–65, div. A, title VII, §721(b), Oct. 5, 1999, 113 Stat. 694]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 263, related to inquests.

§4712. Disposition of effects of deceased persons by summary court-martial

(a) Upon the death of—

(1) a person subject to military law at a place or command under the jurisdiction of the Army; or

(2) a resident of the Armed Forces Retirement Home who dies in an Army hospital outside the District of Columbia when sent from the Home to that hospital for treatment;


the commanding officer of the place or command shall permit the legal representative or the surviving spouse of the deceased, if present, to take possession of the effects of the deceased that are then in camp or quarters.

(b) If there is no legal representative or surviving spouse present, the commanding officer shall direct a summary court-martial to collect the effects of the deceased that are then in camp or quarters.

(c) The summary court-martial may collect debts due the decedent's estate by local debtors, pay undisputed local creditors of the deceased to the extent permitted by money of the deceased in the court's possession, and shall take receipts for those payments, to be filed with the court's final report to the Department of the Army.

(d) As soon as practicable after the collection of the effects and money of the deceased, the summary court-martial shall send them at the expense of the United States to the living person highest on the following list who can be found by the court:

(1) The surviving spouse or legal representative.

(2) A child of the deceased.

(3) A parent of the deceased.

(4) A brother or sister of the deceased.

(5) The next-of-kin of the deceased.

(6) A beneficiary named in the will of the deceased.


(e) If the summary court-martial cannot dispose of the effects under subsection (d) because there are no persons in those categories or because the court finds that the addresses of the persons are not known or readily ascertainable, the court may convert the effects of the deceased, except sabers, insignia, decorations, medals, watches, trinkets, manuscripts, and other articles valuable chiefly as keepsakes, into cash, by public or private sale, but not until 30 days after the date of death of the deceased.

(f) As soon as practicable after the effects have been converted into cash under subsection (e), the summary court-martial shall deposit all cash in the court's possession and belonging to the estate with the officer designated in regulations, and shall send a receipt therefor, together with any will or other papers of value, an inventory of the effects, and articles not permitted to be sold, to the executive part of the Department of the Army. The Secretary of the Army shall deliver to the Armed Forces Retirement Home all items received by the executive part of the Department of the Army under this subsection.

(Aug. 10, 1956, ch. 1041, 70A Stat. 264; Pub. L. 89–718, §30, Nov. 2, 1966, 80 Stat. 1119; Pub. L. 96–513, title V, §512(20), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 99–145, title XIII, §1301(b)(4)(A), Nov. 8, 1985, 99 Stat. 736; Pub. L. 101–510, div. A, title XV, §1533(a)(6), Nov. 5, 1990, 104 Stat. 1734; Pub. L. 104–316, title II, §202(g), Oct. 19, 1996, 110 Stat. 3842.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4712(a)

 

 

4712(b)

5:150j (words before 1st semicolon of 1st par.; and last par.).

5:150j (22 words after 1st semicolon of 1st par.).

June 4, 1920, ch. 227, subch. II, §1 (Art. 112), 41 Stat. 809; May 5, 1950, ch. 169, § 6(c), 64 Stat. 145.
4712(c) 5:150j (words between 1st and 2d semicolons of 1st par., less 1st 22 words).
4712(d) 5:150j (words between 2d and 3d semicolons of 1st par.).
4712(e) 5:150j (words between 3d and 4th semicolons of 1st par.).
4712(f) 5:150j (1st par., less words before 4th semicolon, and less last 40 words).
4712(g) 5:150j (last 40 words of 1st par.).

In subsection (a), the words “the court-martial jurisdiction of the Army or the Air Force at a place or command under the jurisdiction of the Army” are substituted for the words “military law”, to reflect the creation of a separate Air Force. Clause (2) is substituted for 5:150j (last par.).

In subsections (a), (b), and (d), the words “surviving spouse” are substituted for the word “widow”.

In subsection (c), the word “may” is substituted for the words “shall have authority to”. The words “to the extent permitted” are substituted for the words “in so far as will permit”. The words “under this article” and “upon its transactions” are omitted as surplusage.

In subsection (d), the words “through the Quartermaster Corps” are omitted, since the functions are no longer lodged in the Quartermaster Corps. The words “if such be found by said court” are omitted as surplusage. The words “United States” are substituted for the word “Government”. 5:150j (19 words before 3d semicolon of 1st par.) is omitted as covered by subsection (g).

In subsection (e), the first 37 words are substituted for 5:150j (33 words after 3d semicolon of 1st par.). The word “may” is substituted for the words “shall have the authority”.

In subsection (f), the words “Soldiers’ Home” are inserted, since, as provided in section 4713 of this title, the Home is now the place where the mentioned articles are sent.

Amendments

1996—Subsec. (g). Pub. L. 104–316 struck out subsec. (g) which read as follows: “The summary court-martial shall make a full report of the transactions under this section, with respect to the deceased, to the Department of the Army for transmission to the General Accounting Office for action authorized in the settlement of accounts of deceased members of the Army.”

1990—Subsec. (a)(2). Pub. L. 101–510, §1533(a)(6)(A), substituted “a resident of the Armed Forces Retirement Home” for “an inmate of the United States Soldiers’ and Airmen's Home”.

Subsec. (f). Pub. L. 101–510, §1533(a)(6)(B), struck out “for transmission to the United States Soldiers’ and Airmen's Home” after “Department of the Army” and inserted at end “The Secretary of the Army shall deliver to the Armed Forces Retirement Home all items received by the executive part of the Department of the Army under this subsection.”

1985—Subsec. (d). Pub. L. 99–145 substituted new pars. (1) to (6) for former pars. (1) to (9) which read as follows:

“(1) Surviving spouse or legal representative.

“(2) Son.

“(3) Daughter.

“(4) Father, if he has not abandoned the support of his family.

“(5) Mother.

“(6) Brother.

“(7) Sister.

“(8) Next of kin.

“(9) Beneficiary named in the will of the deceased.”

1980—Subsecs. (a)(2), (f). Pub. L. 96–513 substituted “United States Soldiers’ and Airmen's Home” for “Soldiers’ Home”.

1966—Subsec. (a). Pub. L. 89–718 substituted “military law” for “the court-martial jurisdiction of the Army or the Air Force”.

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.

[§4713. Repealed. Pub. L. 101–510, div. A, title XV, §1533(a)(7)(A), Nov. 5, 1990, 104 Stat. 1734]

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 265; Dec. 12, 1980, Pub. L. 96–513, title V, §512(21)(A), (B), 94 Stat. 2930; Nov. 8, 1985, Pub. L. 99–145, title XIII, §1301(b)(4)(B), 99 Stat. 736; Nov. 29, 1989, Pub. L. 101–189, div. A, title XVI, §1621(a)(1), 103 Stat. 1602, related to disposition of effects of deceased persons by Soldiers’ and Airmen's Home.

Effective Date of Repeal

Repeal 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.

§4714. Collection of captured flags, standards, and colors

The Secretary of the Army shall have sent to him all flags, standards, and colors taken by the Army from enemies of the United States.

(Aug. 10, 1956, ch. 1041, 70A Stat. 266.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4714 5:198. R.S. 218.

The words “from time to time”, “collected”, and “at the seat of government” are omitted as surplusage.

CHAPTER 447—TRANSPORTATION

Sec.
[4741 to 4748. Repealed or Renumbered.]
4749.
Property: for United States surveys.

        

Amendments

2004—Pub. L. 108–375, div. A, title X, §1072(d)(2), Oct. 28, 2004, 118 Stat. 2058, struck out items 4741 “Control and supervision”, 4743 “Officers: use of transportation”, 4744 “Persons and supplies: sea transportation”, 4745 “Civilian passengers and commercial cargoes: transports in trans-Atlantic service”, 4746 “Civilian personnel in Alaska”, and 4747 “Passengers and merchandise to Guam: sea transport”.

1996—Pub. L. 104–201, div. A, title IX, §906(d)(2), Sept. 23, 1996, 110 Stat. 2620, struck out item 4742 “Control of transportation systems in time of war”.

1962—Pub. L. 87–651, title I, §119(2), Sept. 7, 1962, 76 Stat. 513, struck out item 4748 “Motor vehicles: for members on permanent change of station”.

[§4741. Repealed. Pub. L. 108–375, div. A, title X, §1072(c), Oct. 28, 2004, 118 Stat. 2058]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 266, related to control and supervision of transportation of members, munitions of war, equipment, military property, and stores of the Army throughout the United States.

[§4742. Renumbered §2644]

[§4743. Repealed. Pub. L. 108–375, div. A, title X, §1072(c), Oct. 28, 2004, 118 Stat. 2058]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 266, related to use of transportation by officers of the Army.

[§§4744 to 4747. Renumbered §§2648 to 2651]

[§4748. Repealed. Pub. L. 87–651, title I, §119(1), Sept. 7, 1962, 76 Stat. 513]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 268, related to transportation of motor vehicles for members on permanent change of station. See section 2634 of this title.

§4749. Property: for United States surveys

Under regulations governing the transportation of Army supplies, any branch, office, or officer designated by the Secretary of the Army shall receive, transport, and be responsible for property turned over by the officers or agents of any United States survey, for the National Museum or for a department of the United States or field office thereof. The amount paid by the Army for transportation under this section shall be refunded to the Army by the National Museum or the department to which the property is consigned.

(Aug. 10, 1956, ch. 1041, 70A Stat. 268.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4749 10:1377. July 5, 1884, ch. 217 (9th proviso under “Quartermaster's Department”), 23 Stat. 111; June 28, 1950, ch. 383, §402(b), 64 Stat. 272.

The words “a department of the United States or a field office thereof” are substituted for the words “the civil or naval departments of the Government, in Washington or elsewhere”. The words “National Museum or the department to which the property is consigned” are substituted for the words “bureau to which such property or stores pertain”. The words “United States” are substituted for the word “Government”. The words “wherever stationed” are omitted as surplusage.

CHAPTER 449—REAL PROPERTY

Sec.
4771.
Acceptance of donations: land for mobilization, training, supply base, or aviation field.
4772.
Heritage Center for the National Museum of the United States Army: development and operation.
[4774, 4775. Repealed.]
4776.
Emergency construction: fortifications.
4777.
Permits: military reservations; landing ferries, erecting bridges, driving livestock.
4778.
Licenses: military reservations; erection and use of buildings; Young Men's Christian Association.
4779.
Use of public property.
4780.
Acquisition of buildings in District of Columbia.

        

Amendments

2004—Pub. L. 108–375, div. B, title XXVIII, §2822(b), Oct. 28, 2004, 118 Stat. 2132, added item 4772.

1982—Pub. L. 97–295, §1(43)(B), Oct. 12, 1982, 96 Stat. 1298, struck out item 4772 “Reservation and use for air base or testing field”.

Pub. L. 97–214, §10(a)(9)(A), July 12, 1982, 96 Stat. 175, struck out item 4774 “Construction: limitations”.

1973—Pub. L. 93–166, title V, §509(c), Nov. 29, 1973, 87 Stat. 677, substituted “Construction: limitations” for “Construction of quarters: limitations on space and cost” in item 4774.

1971—Pub. L. 92–145, title V, §509(a), Oct. 27, 1971, 85 Stat. 408, struck out item 4775 “Quarters: officers”.

1958—Pub. L. 85–861, §1(105)(B), Sept. 2, 1958, 72 Stat. 1490, added item 4780.

§4771. Acceptance of donations: land for mobilization, training, supply base, or aviation field

The Secretary of the Army may accept for the United States a gift of—

(1) land that he considers suitable and desirable for a permanent mobilization, training, or supply station; and

(2) land that he considers suitable and desirable for an aviation field, if the gift is from a citizen of the United States and its terms authorize the use of the property by the United States for any purpose.

(Aug. 10, 1956, ch. 1041, 70A Stat. 268.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4771 10:1342.

10:1344.

Aug. 29, 1916, ch. 418 (6th and 8th pars. under “Office of the Chief Signal Officer”), 39 Stat. 622, 623.

10:1344 (last 40 words) is omitted as executed. The words “tract or tracts”, in 10:1342 and 1344, are omitted as surplusage. The words “and remount station”, in 10:1342, are omitted, since the property and civilian personnel of the Remount Service of the Quartermaster Corps were transferred to the Department of Agriculture by the Act of April 21, 1948, ch. 224, 62 Stat. 197 (7 U.S.C. 436–438). The words “by the United States for any purpose” are substituted for the words “for any other service of the United States which may hereafter appear desirable”, in 10:1342. The words “from any person”, in 10:1344, are omitted as surplusage.

§4772. Heritage Center for the National Museum of the United States Army: development and operation

(a) Agreement for Development of Center.—The Secretary of the Army may enter into an agreement with the Army Historical Foundation, a nonprofit organization, for the design, construction, and operation of a facility or group of facilities at Fort Belvoir, Virginia, for the National Museum of the United States Army. The facility or group of facilities constructed pursuant to the agreement shall be known as the Heritage Center for the National Museum of the United States Army (in this section referred to as the “Center”).

(b) Purpose of Center.—The Center shall be used for the identification, curation, storage, and public viewing of artifacts and artwork of significance to the United States Army, as agreed to by the Secretary of the Army. The Center may also be used to support such education, training, research, and associated purposes as the Secretary considers appropriate.

(c) Design and Construction.—(1) The design of the Center shall be subject to the approval of the Secretary of the Army.

(2) For each phase of the development of the Center, the Secretary may—

(A) accept funds from the Army Historical Foundation for the design and construction of such phase of the Center; or

(B) permit the Army Historical Foundation to contract for the design and construction of such phase of the Center.


(d) Acceptance by Secretary.—Upon the satisfactory completion, as determined by the Secretary of the Army, of any phase of the Center, and upon the satisfaction of any financial obligations incident to such phase of the Center by the Army Historical Foundation, the Secretary shall accept such phase of the Center from the Army Historical Foundation, and all right, title, and interest in and to such phase of the Center shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over the Center.

(e) Use of Certain Gifts.—(1) Under regulations prescribed by the Secretary of the Army, the Commander of the United States Army Center of Military History may, without regard to section 2601 of this title, accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property of a value of $250,000 or less made to the United States if such gift, devise, or bequest is for the benefit of the National Museum of the United States Army or the Center.

(2) The Secretary may pay or authorize the payment of any reasonable and necessary expense in connection with the conveyance or transfer of a gift, devise, or bequest under this subsection.

(f) Lease of Facility.—(1) Under such terms and conditions as the Secretary of the Army considers appropriate, the Secretary may lease portions of the Center to the Army Historical Foundation to be used by the Foundation, consistent with the purpose of the Center, for—

(A) generating revenue for activities of the Center through rental use by the public, commercial and nonprofit entities, State and local governments, and other Federal agencies; and

(B) such administrative purposes as may be necessary for the support of the Center.


(2) The annual amount of consideration paid to the Secretary by the Army Historical Foundation for a lease under paragraph (1) may not exceed an amount equal to the actual cost, as determined by the Secretary, of the annual operations and maintenance of the Center.

(3) Notwithstanding any other provision of law, the Secretary shall use amounts paid under paragraph (2) to cover the costs of operation of the Center.

(g) Additional Terms and Conditions.—The Secretary of the Army may require such additional terms and conditions in connection with the agreement authorized by subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

(Added Pub. L. 108–375, div. B, title XXVIII, §2822(a), Oct. 28, 2004, 118 Stat. 2130.)

Prior Provisions

A prior section 4772, act Aug. 10, 1956, ch. 1041, 70A Stat. 268, had provided that, when ordered by the President, unappropriated public land could be reserved from entry for an air base, or a field for tests and experiments, for the Army, and that such land and other property of the United States could be designed and used for either of those purposes, prior to repeal by Pub. L. 97–295, §1(43)(A), Oct. 12, 1982, 96 Stat. 1298.

[§4774. Repealed. Pub. L. 97–214, §7(1), July 12, 1982, 96 Stat. 173]

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 269; Aug. 30, 1957, Pub. L. 85–241, title IV, §404(a), 71 Stat. 555; Aug. 10, 1959, Pub. L. 86–149, title IV, §410(a), 73 Stat. 321; July 27, 1962, Pub. L. 87–554, title V, §504(a), (c), 76 Stat. 239; Nov. 7, 1963, Pub. L. 88–174, title V, §503, 77 Stat. 325; Dec. 5, 1969, Pub. L. 91–142, title V, §510(b), 83 Stat. 312; Oct. 27, 1971, Pub. L. 92–145, title V, §508(a), (c), 85 Stat. 408; Nov. 29, 1973, Pub. L. 93–166, title V, §509(c), 87 Stat. 677, related to limitations on construction.

Effective Date of Repeal

Repeal effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title.

[§4775. Repealed. Pub. L. 92–145, title V, §509(a), Oct. 27, 1971, 85 Stat. 408]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 269, authorized assignment of quarters belonging to United States at a post or station by post quartermaster to officers, grade lieutenant general down to second lieutenant, 10 to 2 rooms, respectively, and prohibited other assignment where quarters existed.

§4776. Emergency construction: fortifications

If in an emergency the President considers it urgent, a temporary fort or fortification may be built on private land if the owner consents in writing.

(Aug. 10, 1956, ch. 1041, 70A Stat. 270; Pub. L. 91–393, §5, Sept. 1, 1970, 84 Stat. 835.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4776 50:178. Apr. 11, 1898, J. Res. 21, 30 Stat. 737.

The word “important” is omitted as covered by the word “urgent”. The words “upon which such work is to be placed” are omitted as surplusage.

Amendments

1970—Pub. L. 91–393 struck out “In such a case, section 175 of title 50 does not apply.”

§4777. Permits: military reservations; landing ferries, erecting bridges, driving livestock

Whenever the Secretary of the Army considers that it can be done without injury to the reservation or inconvenience to the military forces stationed there, he may permit—

(1) the landing of ferries at a military reservation;

(2) the erection of bridges on a military reservation; and

(3) the driving of livestock across a military reservation.

(Aug. 10, 1956, ch. 1041, 70A Stat. 270; Pub. L. 96–513, title V, §512(23), Dec. 12, 1980, 94 Stat. 2930.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4777 10:1348. July 5, 1884, ch. 214, §6, 23 Stat. 104.

The words “may permit” are substituted for the words “shall have authority, in his discretion, to permit”. The words “to permit the extension of State, county, and Territorial roads across military reservations” are omitted as superseded by section 2668 of this title. In clause (3), the word “livestock” is substituted for the words “cattle, sheep or other stock animals”.

Amendments

1980—Pub. L. 96–513 substituted “reservations” for “reservation” in section catchline.

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.

§4778. Licenses: military reservations; erection and use of buildings; Young Men's Christian Association

Under such conditions as he may prescribe, the Secretary of the Army may issue a revocable license to the International Committee of Young Men's Christian Associations of North America to erect and maintain on military reservations, inside the United States and the Commonwealths and possessions, buildings needed by that organization for the promotion of the social, physical, intellectual, and moral welfare of the members of the Army on those reservations.

(Aug. 10, 1956, ch. 1041, 70A Stat. 270; Pub. L. 109–163, div. A, title X, §1057(a)(5), (6), Jan. 6, 2006, 119 Stat. 3440, 3441.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4778 10:1346. May 31, 1902, ch. 943, 32 Stat. 282.

The words “may issue” are substituted for the words “Authority is given to in his discretion, to grant permission”. The words “Under such conditions as he may prescribe” are substituted for the words “under such regulations as the Secretary of the Army may impose”. The words “members of the Army” are substituted for the word “garrisons”. The words “the Territories, Commonwealths, and possessions” are substituted for the words “or its island possessions” for clarity.

Amendments

2006—Pub. L. 109–163, §1057(a)(6), substituted “Commonwealths and possessions” for “Territories, Commonwealths, and possessions”.

Pub. L. 109–163, §1057(a)(5), which directed the substitution of “Commonwealths or possessions” for “Territories, Commonwealths, or possessions”, could not be executed because “Territories, Commonwealths, or possessions” does not appear in text.

§4779. Use of public property

(a) When the economy of the Army so requires, the Secretary of the Army shall establish military headquarters in places where suitable buildings are owned by the United States.

(b) No money appropriated for the support of the Army may be spent for post gardens or Army exchanges. However, this does not prevent Army exchanges from using public buildings or public transportation that, in the opinion of the office or officer designated by the Secretary, are not needed for other purposes.

(Aug. 10, 1956, ch. 1041, 70A Stat. 270; Pub. L. 99–661, div. B, title VII, §2721, Nov. 14, 1986, 100 Stat. 4042.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4779(a)

4779(b)

10:1332.

10:1345.

June 23, 1879, ch. 35, §8, 21 Stat. 35.
4779(c) 10:1335. Aug. 1, 1914, ch. 223 (2d par. under “Quartermaster Corps”), 38 Stat. 629.
  July 16, 1892, ch. 195 (last proviso under “Quartermaster's Department”), 27 Stat. 178; June 28, 1950, ch. 383, §402(c), 64 Stat. 227.

In subsection (a), the words “United States” are substituted for the word “Government”.

In subsection (b), the words “suitable space” are substituted for the words “proper and suitable room or rooms”. The words “there is a” are substituted for the words “have been established”.

Amendments

1986—Subsecs. (b), (c). Pub. L. 99–661 redesignated subsec. (c) as (b) and struck out former subsec. (b) which directed the Secretary to assign suitable space for postal purposes at each military post where there was a post office.

§4780. Acquisition of buildings in District of Columbia

(a) In time of war or when war is imminent, the Secretary of the Army may acquire by lease any building, or part of a building, in the District of Columbia that may be needed for military purposes.

(b) At any time, the Secretary may, for the purposes of the Department of the Army, requisition the use and take possession of any building or space in any building, and its appurtenances, in the District of Columbia, other than—

(1) a dwelling house occupied as such;

(2) a building occupied by any other agency of the United States; or

(3) space in such a dwelling house or building.


The Secretary shall determine, and pay out of funds appropriated for the payment of rent by the Department of the Army, just compensation for that use. If the amount of the compensation is not satisfactory to the person entitled to it, the Secretary shall pay 75 percent of it to that person, and the claimant is entitled to recover by action against the United States an additional amount that, when added to the amount paid by the Secretary, is determined by the court to be just compensation for that use.

(Added Pub. L. 85–861, §1(105)(A), Sept. 2, 1958, 72 Stat. 1489.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4780(a) 40:37. July 9, 1918, ch. 143 (3d proviso under “Barracks and Quarters”), 40 Stat. 861.
4780(b) 40:41. July 8, 1918, ch. 139 (2d par. under “War Department”), 40 Stat. 826.

In subsection (a), the words “may acquire by lease” are substituted for the words “is authorized, in his discretion, to rent or lease”. The word “needed” is substituted for the word “required”.

In subsection (b), the words “At any time” are inserted for clarity. The word “may” is substituted for the words “is authorized”. The word “agency” is substituted for the word “branch”. Clause (3) is inserted for clarity. The word “determine” is substituted for the word “ascertain”. The words “out of funds appropriated for the payment of rent by” are substituted for the words “within the limits of the appropriations for rent made by any act making appropriations for”. The word “is” is substituted for the word “be”. The words “so ascertained” and “in the manner provided by sections 41(20) and 250 of Title 28” are omitted as surplusage, since those sections were repealed in 1948 and replaced by sections 1346, 1491, 1496, 1501, 1503, 2401, 2402, and 2501 of that title.

CHAPTER 451—MILITARY CLAIMS

Sec.
4801.
Definition.
4802.
Admiralty claims against the United States.
4803.
Admiralty claims by United States.
4804.
Salvage claims by United States.
[4805.
Repealed.]
4806.
Settlement or compromise: final and conclusive.

        

Amendments

1972—Pub. L. 92–417, §1(2), Aug. 29, 1972, 86 Stat. 654, substituted “Admiralty claims against the United States” for “Damage by United States vessels; towage and salvage of United States vessels” in item 4802.

1960—Pub. L. 86–533, §1(8)(B), June 29, 1960, 74 Stat. 247, struck out item 4805 “Reports to Congress”.

§4801. Definition

In this chapter, the term “settle” means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or by disallowance.

(Aug. 10, 1956, ch. 1041, 70A Stat. 270; Pub. L. 100–180, div. A, title XII, §1231(19)(B), Dec. 4, 1987, 101 Stat. 1161.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4801 [No source]. [No source].

The revised section is inserted for clarity, and is based on usage in the source laws for this revised chapter.

Amendments

1987—Pub. L. 100–180 inserted “the term” after “In this chapter,”.

§4802. Admiralty claims against the United States

(a) The Secretary of the Army may settle or compromise an admiralty claim against the United States for—

(1) damage caused by a vessel of, or in the service of, the Department of the Army or by other property under the jurisdiction of the Department of the Army;

(2) compensation for towage and salvage service, including contract salvage, rendered to a vessel of, or in the service of, the Department of the Army or to other property under the jurisdiction of the Department of the Army; or

(3) damage caused by a maritime tort committed by any agent or employee of the Department of the Army or by property under the jurisdiction of the Department of the Army.


(b) If a claim under subsection (a) is settled or compromised for $500,000 or less, the Secretary of the Army may pay it. If it is settled or compromised for more than $500,000, he shall certify it to Congress.

(c) In any case where the amount to be paid is not more than $100,000, the Secretary of the Army may delegate his authority under subsection (a) to any person in the Department of the Army designated by him.

(Aug. 10, 1956, ch. 1041, 70A Stat. 271; Pub. L. 89–67, July 7, 1965, 79 Stat. 212; Pub. L. 92–417, §1(1), Aug. 29, 1972, 86 Stat. 654; Pub. L. 101–189, div. A, title XVI, §1633, Nov. 29, 1989, 103 Stat. 1608.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4802(a)

 

 

4802(b)

4802(c)

10:1861 (less 35 words before 1st proviso, and less last proviso).

10:1861 (last proviso).

10:1866 (as applicable to 10:1861).

Oct. 20, 1951, ch. 524, §§1 (less 35 words before 1st proviso), 6 (as applicable to §1), 65 Stat. 572, 573.

In subsection (a), the words “consider, ascertain, adjust, determine” are omitted as covered by the word “settle”, as defined in section 4801 of this title. 10:1861 (1st proviso) is omitted as unnecessary, since other applicable claims laws are restated in this title. 10:1861 (2d proviso) is omitted as surplusage.

Amendments

1989—Subsec. (c). Pub. L. 101–189 substituted “$100,000” for “$10,000”.

1972—Subsec. (a). Pub. L. 92–417 substituted “Admiralty claims against the United States” for “Damage by United States vessels, towage and salvage of United States vessels” in section catchline, in text preceding par. (1), struck out requirement that the Secretary of the Army discharge his functions under the direction of the Secretary of Defense, in par. (1) inserted “or by other property under the jurisdiction of the Department of the Army,” in par. (2) inserted “or to other property under the jurisdiction of the Department of the Army; or,” and added par. (3).

1965—Subsec. (c). Pub. L. 89–67 substituted “$10,000” for “$1,000”.

§4803. Admiralty claims by United States

(a) Under the direction of the Secretary of Defense, the Secretary of the Army may settle, or compromise, and receive payment of a claim by the United States for damage to property under the jurisdiction of the Department of the Army or property for which the Department has assumed an obligation to respond for damage, if—

(1) the claim is—

(A) of a kind that is within the admiralty jurisdiction of a district court of the United States; or

(B) for damage caused by a vessel or floating object; and


(2) the amount to be received by the United States is not more than $500,000.


(b) In exchange for payment of an amount found to be due the United States under subsection (a), the Secretary of the Army may execute a release of the claim on behalf of the United States. Amounts received under this section shall be covered into the Treasury.

(c) In any case where the amount to be received by the United States is not more than $100,000, the Secretary of the Army may delegate his authority under subsections (a) and (b) to any person in the Department of the Army designated by him.

(Aug. 10, 1956, ch. 1041, 70A Stat. 271; Pub. L. 89–67, July 7, 1965, 79 Stat. 212; Pub. L. 101–189, div. A, title XVI, §1633, Nov. 29, 1989, 103 Stat. 1608.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4803(a)

 

 

 

4803(b)

10:1862 (1st sentence; 2d sentence, less last 32 words; and provisos of last sentence).

10:1862 (3d sentence; and last sentence, less provisos).

Oct. 20, 1951, ch. 524, §§2 (less last 32 words of 2d sentence), 6 (less applicability to §1), 65 Stat. 572, 573.
4803(c) 10:1866 less applicability to 10:1861).

In subsection (a), the words “consider, ascertain, adjust, determine” are omitted as covered by the word “settle”, as defined in section 4801 of this title. The words “receive payment” are substituted for 10:1862 (2d sentence, less last 32 words). The words “of a kind that is within the admiralty jurisdiction” are substituted for the words “cognizable in admiralty”. Clause (2) is substituted for 10:1862 (last proviso of last sentence). 10:1862 (1st proviso of last sentence) is omitted as unnecessary, since other applicable claims laws are restated in this title. The words “by contract or otherwise” are omitted as surplusage.

In subsection (b), the words “of the United States as miscellaneous receipts” and “to deliver” are omitted as surplusage.

Amendments

1989—Subsec. (c). Pub. L. 101–189 substituted “$100,000” for “$10,000”.

1965—Subsec. (c). Pub. L. 89–67 substituted “$10,000” for “$1,000”.

§4804. Salvage claims by United States

(a) The Secretary of the Army may settle, or compromise, and receive payment of a claim by the United States for salvage services performed by the Department of the Army. Amounts received under this section shall be covered into the Treasury.

(b) In any case where the amount to be received by the United States is not more than $10,000, the Secretary of the Army may delegate his authority under subsection (a) to any person designated by him.

(Aug. 10, 1956, ch. 1041, 70A Stat. 271; Pub. L. 92–417, §1(3), Aug. 29, 1972, 86 Stat. 654.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4804 10:1863. Oct. 20, 1951, ch. 524, §3, 65 Stat. 573.

The words “under this section” are substituted for the words “for salvage services rendered”. The words “consider, ascertain, adjust, determine” are omitted as covered by the word “settle”, as defined in section 4801 of this title. The words “and receive payment of” are inserted for clarity and to conform to section 4803 of this title. The words “as miscellaneous receipts” are omitted as surplusage.

Amendments

1972—Pub. L. 92–417 designated existing provisions as subsec. (a), struck out requirement that the Secretary of the Army discharge his functions under the direction of the Secretary of Defense, and added subsec. (b).

[§4805. Repealed. Pub. L. 86–533, §1(8)(A), June 29, 1960, 74 Stat. 247]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 271, related to reports to Congress with respect to claims under sections 4802, 4803, and 4804 of this title.

§4806. Settlement or compromise: final and conclusive

Notwithstanding any other provision of law, upon acceptance of payment the settlement or compromise of a claim under section 4802 or 4803 of this title is final and conclusive.

(Aug. 10, 1956, ch. 1041, 70A Stat. 272.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4806 10:1861 (35 words before 1st proviso).

10:1862 (last 32 words of 2d sentence).

Oct. 20, 1951, ch. 524, §§1 (35 words before 1st proviso), 2 (last 32 words of 2d sentence), 65 Stat. 572, 573.

The words “for all purposes” and “to the contrary”, in 10:1861 and 1862; “by the claimant and not until then”, in 10:1861; and “but not until then”, in 10:1862; are omitted as surplusage.

CHAPTER 453—ACCOUNTABILITY AND RESPONSIBILITY

Sec.
4831.
Custody of departmental records and property.
[4832 to 4836. Repealed.]
4837.
Settlement of accounts: remission or cancellation of indebtedness of members.
4838.
Settlement of accounts: affidavit of company commander.
4839.
Settlement of accounts: oaths.
4840.
Final settlement of officer's accounts.
4841.
Payment of small amounts to public creditors.
4842.
Settlement of accounts of line officers.

        

Amendments

2008—Pub. L. 110–181, div. A, title III, §375(c)(2)(A), Jan. 28, 2008, 122 Stat. 84, struck out items 4832 “Property accountability: regulations” and 4836 “Individual equipment: unauthorized disposition”.

2006—Pub. L. 109–163, div. A, title VI, §683(a)(2), Jan. 6, 2006, 119 Stat. 3322, struck out “enlisted” before “members” in item 4837.

2002—Pub. L. 107–314, div. A, title X, §1006(c)(2), Dec. 2, 2002, 116 Stat. 2633, struck out item 4835 “Reports of survey”.

1982—Pub. L. 97–258, §2(b)(10)(A), Sept. 13, 1982, 96 Stat. 1056, added items 4841 and 4842.

1980—Pub. L. 96–513, title V, §512(24)(C), Dec. 12, 1980, 94 Stat. 2931, substituted “remission or cancellation of indebtedness of enlisted members” for “deductions from pay” in item 4837.

1972—Pub. L. 92–310, title II, §204(b), June 6, 1972, 86 Stat. 202, struck out item 4834 “Fidelity bonds: accountable officers; Quartermaster Corps”.

1962—Pub. L. 87–480, §1(3), June 8, 1962, 76 Stat. 94, struck out item 4833 “Accountability for public money: disbursing officers; agent officers”.

§4831. Custody of departmental records and property

The Secretary of the Army has custody and charge of all books, records, papers, furniture, fixtures, and other property under the lawful control of the executive part of the Department of the Army.

(Aug. 10, 1956, ch. 1041, 70A Stat. 272.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4831 5:191. R.S. 217.

The words “under the lawful control of the executive part of the Department of the Army” are substituted for the words “appertaining to the Department”.

[§4832. Repealed. Pub. L. 110–181, div. A, title III, §375(c)(1)(A), Jan. 28, 2008, 122 Stat. 83]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 272, authorized Secretary of the Army to prescribe regulations for the accounting for Army property.

[§4833. Repealed. Pub. L. 87–480, §1(2), June 8, 1962, 76 Stat. 94]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 272, related to accountability of Army officers for public money. See section 2773 of this title.

[§4834. Repealed. Pub. L. 92–310, title II, §204(a), June 6, 1972, 86 Stat. 202]

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 272; Nov. 2, 1966, Pub. L. 89–718, §31, 80 Stat. 1119, required commissioned officers of the Quartermaster Corps to give fidelity bonds.

[§4835. Repealed. Pub. L. 107–314, div. A, title X, §1006(c)(1), Dec. 2, 2002, 116 Stat. 2633]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 273; Pub. L. 103–160, div. A, title III, §362, Nov. 30, 1993, 107 Stat. 1628, related to actions taken upon reports of surveys and vouchers pertaining to the loss, spoilage, unserviceability, unsuitability, or destruction of or damage to property of the United States under the control of the Department of the Army.

Effective Date of Repeal

Repeal applicable with respect to loss, spoilage, unserviceability, unsuitability, or destruction of, or damage to, property of United States under control of Department of Defense occurring on or after effective date of regulations prescribed pursuant to section 2787 of this title, see section 1006(d) of Pub. L. 107–314, set out as an Effective Date note under section 2787 of this title.

[§4836. Repealed. Pub. L. 110–181, div. A, title III, §375(c)(1)(B), Jan. 28, 2008, 122 Stat. 83]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 273, prohibited unauthorized disposition of individual equipment by enlisted members of the Army.

§4837. Settlement of accounts: remission or cancellation of indebtedness of members

(a) In General.—The Secretary of the Army may have remitted or cancelled any part of the indebtedness of a person to the United States or any instrumentality of the United States incurred while the person was serving on active duty as a member of the Army, but only if the Secretary considers such action to be in the best interest of the United States.

(b) Retroactive Applicability to Certain Debts.—The authority in subsection (a) may be exercised with respect to any debt covered by that subsection that is incurred on or after October 7, 2001.

(c) Regulations.—This section shall be administered under regulations prescribed by the Secretary of Defense.

(Aug. 10, 1956, ch. 1041, 70A Stat. 273; Pub. L. 85–861, §33(a)(27), Sept. 2, 1958, 72 Stat. 1566; Pub. L. 87–649, §14c(10), Sept. 7, 1962, 76 Stat. 501; Pub. L. 96–513, title V, §512(24)(A), (B), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 109–163, div. A, title VI, §683(a)(1), Jan. 6, 2006, 119 Stat. 3322; Pub. L. 109–364, div. A, title VI, §673(a)(1), (2), (e)(1), Oct. 17, 2006, 120 Stat. 2271, 2272; Pub. L. 110–181, div. A, title X, §1063(c)(7)(A), Jan. 28, 2008, 122 Stat. 323.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4837(a) 10:875. R.S. 1300.
  10:875b. R.S. 1301.
4837(b)

 

4837(c)

4837(d)

10:875a (less 3d and last provisos).

10:875a (last proviso).

10:875a (3d proviso).

May 22, 1928, ch. 676, 45 Stat. 698; June 26, 1934, ch. 751, 48 Stat. 1222.
4837(e) 10:871. R.S. 1303.
4837(f) 10:872. R.S. 1304.
4837(g) 10:875c. R.S. 1299.

In subsection (a), the words “sold to the member on credit under section 4621(a)(1) of this title” are substituted for the words “articles designated by the inspectors general of the Army, and sold to him on credit by officers of the Quartermaster Corps”, in 10:875. The words “at cost prices” are omitted to reflect section 4623 of this title.

In subsection (b), the last sentence is substituted for 10:875a (1st and 2d provisos). The words “on current payrolls” are omitted as surplusage.

In subsection (c), the words “Subject to subsection (b)” are substituted for the words “in the proportions hereinbefore indicated”.

In subsection (d), the words “If he considers it in the best interest of the United States” are substituted for the words “when in his opinion the interests of the Government are best served by such action”. The words “before, or at the time of” are substituted for the words “either on or prior thereto”.

In subsection (e), the words “member” and “his” are substituted for the words “officer or soldier”. The words “or implement” are omitted as surplusage.

In subsection (f), the words “or if an article of military supply with whose issue a commissioned officer is charged is damaged” are substituted for 10:872 (last sentence). The words “that he was not at fault” are substituted for the words “that said deficiency [such damage] was not occasioned by any fault on his part”.

In subsection (g), the words “bought on credit under section 4621(a)(1) of this title” are substituted for the words “designated by the officers of the Inspector-General's Department of the Army and purchased on credit from commissaries of subsistence”.

1958 Act

The change [in subsec. (b)] reflects the opinion of the Judge Advocate General of the Air Force (June 10, 1957) that the term “rate of pay”, as used in the source law for section 4837(b) (Act of May 22, 1928, ch. 676 (45 Stat. 698), as amended), included special pay and incentive pay.

The change [in subsec. (f)] reflects the opinion of the Assistant General Counsel (Fiscal Matters), Department of Defense (July 19, 1957), that section 1304, Revised Statutes (formerly 10 U.S.C. 872), the source law for this section, applied to warrant officers as well as to commissioned officers.

Amendments

2008—Subsec. (a). Pub. L. 110–181 made technical correction to directory language of Pub. L. 109–364, §673(a)(1). See 2006 Amendment note below.

2006—Pub. L. 109–163 amended section catchline and text generally. Prior to amendment, text read as follows: “If he considers it in the best interest of the United States, the Secretary may have remitted or cancelled any part of an enlisted member's indebtedness to the United States or any of its instrumentalities remaining unpaid before, or at the time of, that member's honorable discharge.”

Subsec. (a). Pub. L. 109–364, §673(e)(1), substituted “The Secretary of the Army” for “If the Secretary considers it to be in the best interest of the United States, the Secretary” and inserted “, but only if the Secretary considers such action to be in the best interest of the United States” before period at end.

Pub. L. 109–364, §673(a)(1), as amended by Pub. L. 110–181, substituted “of a person to the United States or any instrumentality of the United States incurred while the person was serving on active duty as a member of the Army” for “of a member of the Army on active duty, or a member of a reserve component of the Army in an active status, to the United States or any instrumentality of the United States incurred while the member was serving on active duty”.

Subsecs. (b) to (d). Pub. L. 109–364, §673(a)(2), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out heading and text of former subsec. (b). Text read as follows: “The Secretary may exercise the authority in subsection (a) with respect to a member—

“(1) while the member is on active duty or in active status, as the case may be;

“(2) if discharged from the armed forces under honorable conditions, during the one-year period beginning on the date of such discharge; or

“(3) if released from active status in a reserve component, during the one-year period beginning on the date of such release.”

1980—Pub. L. 96–513, substituted “remission or cancellation of indebtedness of enlisted members” for “deductions from pay” in section catchline, and in text substituted “If he” for “(d) If he”.

1962—Pub. L. 87–649 repealed subsecs. (a) to (c) and (e) to (g) which related to deductions from pay. See subsecs. (b) to (g), respectively, of section 1007 of Title 37, Pay and Allowances of the Uniformed Services.

1958—Subsec. (b). Pub. L. 85–861, §33(a)(27)(A), substituted “his pay for that month” for “his basic pay for that month”.

Subsec. (f). Pub. L. 85–861, §33(a)(27)(B), substituted “an officer” for “a commissioned officer” in two places.

Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title X, §1063(c), Jan. 28, 2008, 122 Stat. 322, provided that the amendment made by section 1063(c)(7)(A) is effective as of Oct. 17, 2006, and as if included in the John Warner National Defense Authorization Act for Fiscal Year 2007, Pub. L. 109–364, as enacted.

Termination Date of 2006 Amendment

Pub. L. 109–163, div. A, title VI, §683(a)(3), Jan. 6, 2006, 119 Stat. 3322, which provided for termination of amendments by Pub. L. 109–163, §683(a), amending this section and the analysis to this chapter, on Dec. 31, 2007, and restoration of provisions as in effect on the day before Jan. 6, 2006, was repealed by Pub. L. 109–364, div. A, title VI, §673(a)(3), Oct. 17, 2006, 120 Stat. 2271.

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 1962 Amendment

Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.

Regulations

Pub. L. 109–364, div. A, title VI, §673(d), Oct. 17, 2006, 120 Stat. 2272, provided that: “The Secretary of Defense shall prescribe the regulations required for purposes of sections 4837, 6161, and 9837 of title 10, United States Code, as amended by this section, not later than March 1, 2007.”

§4838. Settlement of accounts: affidavit of company commander

In the settlement of the accounts of the commanding officer of a company for clothing and other military supplies, his affidavit may be received to show—

(1) that vouchers or company books were lost;

(2) anything tending to prove that any apparent deficiency of those articles was caused by unavoidable accident, or by loss in actual service without his fault; or

(3) that all or part of the clothing and supplies was properly used.


The affidavit may be used as evidence of the facts set forth, with or without other evidence, as determined by the Secretary of the Army to be just and proper under the circumstances.

(Aug. 10, 1956, ch. 1041, 70A Stat. 274.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4838 10:1302. R.S. 225 (less 1st sentence); added Feb. 27, 1877, ch. 69 (3d par.), 19 Stat. 241.

The word “anything” is substituted for the words “any matter or circumstance”. The words “properly used” are substituted for the words “legally used and appropriated”. The words “of the case” are omitted as surplusage.

§4839. Settlement of accounts: oaths

The Secretary of the Army may detail any employee of the Department of the Army to administer oaths required by law in the settlement of an officer's accounts for clothing and other military supplies. An oath administered under this section shall be without expense to the person to whom it is administered.

(Aug. 10, 1956, ch. 1041, 70A Stat. 274.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4839 10:1303. R.S. 225 (1st sentence).

The words “and other military supplies” are substituted for the words “camp and garrison equipage, quartermaster's stores, and ordnance” to conform to section 4838 of this title. The words “person to whom administered” are substituted for the words “parties taking them”. The words “for the purpose of” are omitted as surplusage.

§4840. Final settlement of officer's accounts

Before final payment upon discharge may be made to an officer of the Army who has been accountable or responsible for public property, he must obtain a certificate of nonindebtedness to the United States from each officer to whom he was accountable or responsible for property. He must also make an affidavit, certified by his commanding officer to be correct, that he is not accountable or responsible for property to any other officer. An officer who has not been responsible for public property must make an affidavit of that fact, certified by his commanding officer. Compliance with this section warrants the final payment of the officer concerned.

(Aug. 10, 1956, ch. 1041, 70A Stat. 274.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4840 10:878. Jan. 12, 1899, ch. 46, §2, 30 Stat. 784.

The words “Before final payment upon discharge may be made” are substituted for the words “shall warrant their final payment”. The words “at any time” are omitted as surplusage. The word “must” is substituted for the words “shall be required to”. The words “He must also make” are substituted for the words “accompanied by”. The words “from each officer to whom he was accountable or responsible for property” are substituted for the words “from only such of the bureaus of the Department of the Army to which the property for which they were accountable or responsible pertains”, since there is no longer a bureau structure within the Department of the Army. The words “that he is not accountable or responsible for property to any other officer” are substituted for the words “accompanied by the affidavits of officers, of nonaccountability or nonresponsibility to other bureaus of the Department of the Army”, for the same reason. The reference to certificates from the General Accounting Office is omitted as obsolete. The last sentence is substituted for 10:878 (last 18 words). The last proviso of section 2 of the act of January 12, 1899, ch. 46, 30 Stat. 784, is not contained in 10:878. It is also omitted from the revised section, since it related to authority of mustering officers to administer oaths and the general authority to administer oaths is now contained in section 936 of this title (article 136 of the Uniform Code of Military Justice).

§4841. Payment of small amounts to public creditors

When authorized by the Secretary of the Army, a disbursing official of Army subsistence funds may keep a limited amount of those funds in the personal possession and at the risk of the disbursing official to pay small amounts to public creditors.

(Added Pub. L. 97–258, §2(b)(10)(B), Sept. 13, 1982, 96 Stat. 1056.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4841 31:493. Mar. 2, 1907, ch. 251 (proviso on p. 1166), 34 Stat. 1166.

The title of Secretary of War was changed to Secretary of the Army by section 205(a) of the Act of July 26, 1947 (ch. 343, 61 Stat. 501), and by sections 1 and 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 157, 676). The word “When” is substituted for “as shall from time to time be” to eliminate unnecessary words. The words “disbursing official” are substituted for “Officers intrusted with the disbursement” for consistency.

§4842. Settlement of accounts of line officers

The Comptroller General shall settle the account of a line officer of the Army for pay due the officer even if the officer cannot account for property entrusted to the officer or cannot make a monthly report or return, when the Comptroller General is satisfied that the inability to account for property or make a report or return was the result of the officer having been a prisoner, or of an accident or casualty of war.

(Added Pub. L. 97–258, §2(b)(10)(B), Sept. 13, 1982, 96 Stat. 1057.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4842 31:44 (1st sentence). June 10, 1921, ch. 18, §304 (1st par. 1st sentence), 42 Stat. 24.
  31:95. R.S. §278.

The words “Comptroller General” are substituted for “General Accounting Office” for consistency. The words “audit and” are omitted as surplus. The words “for their services as such” and “by the affidavit of the officer or otherwise” are omitted as surplus. The words “to account for property or make a report or return” are added for clarity. The words “in the hands of the enemy” are omitted as surplus.