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United States Code (Last Updated: May 24, 2014) |
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Title 10. ARMED FORCES |
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SubTitle B. Army |
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Part IV. SERVICE, SUPPLY, AND PROCUREMENT |
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Chapter 439. SALE OF SERVICEABLE MATERIAL |
§ 4621. Quartermaster supplies: members of armed forces; veterans; executive or military departments and employees; prices
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(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.
Historical And Revision
Historical and Revision Notes | ||
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1956 Act | ||
Revised section | Source (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. |
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| June 30, 1922, ch. 253, Title I (last proviso under “Clothing and Equipage”), 42 Stat. 729. |
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| July 5, 1884, ch. 217 (proviso under “Subsistence of the Army”), 23 Stat. 108. |
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| Aug. 29, 1916, ch. 418 (words before semicolon of 3d proviso under “Subsistence of the Army”), 39 Stat. 630. |
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| 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. |
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| June 5, 1920, ch. 240 (par. under “Purchase of Army Stores by Discharged Receiving Treatment from the Public Health Service”), 41 Stat. 976. |
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| Feb. 14, 1927, ch. 134 (less last sentence), 44 Stat. 1096. |
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| Mar. 3, 1911, ch. 209 (last par. under “Subsistence Department”), 36 Stat. 1047. |
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| 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
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,
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,
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”.
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 Amendment
Amendment by Pub. L. 96–513 effective
Transfer Of Functions
For transfer of functions of Public Health Service, see note set out under section 802 of this title.
Miscellaneous
Act June 20, 1956, ch. 414, title I, § 101, 70 Stat. 300, provided in part: