10-U.S.C.-4685

10-U.S.C.-4685

§4685 – Obsolete Ordnance: Loan to Educational Institutions and State Soldiers and Sailors' Orphans' Homes

Pathway

Title 10 > Subtitle B > Part IV > Chapter 443 > Section 4685

Details

  • Reference: Section 4685
  • Legend: §4685 – Obsolete Ordnance: Loan to Educational Institutions and State Soldiers and Sailors' Orphans' Homes
  • USCode Year: 2013

Provision Content

(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 section Source (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.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-4685 in the Legal Encyclopedia: Army

In this entry about 10-U.S.C.-4685, find legal reference material, bibliographies and premiere content related to army in the American Encyclopedia of Law, presenting a comprehensive view of the United States army-specific issues, written by authorities in the field.

10-U.S.C.-4629 in the Legal Encyclopedia: Supply to Military

In this entry about 10-U.S.C.-4629, find legal reference material, bibliographies and premiere content related to supply to military in the American Encyclopedia of Law, presenting a comprehensive view of the United States supply to military-specific issues, written by authorities in the field.

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