
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC4621]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                CHAPTER 439--SALE OF SERVICEABLE MATERIAL
 
Sec. 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, 
Sec. 118, Sept. 7, 1962, 76 Stat. 513; Pub. L. 96-513, title V, 
Sec. 512(17), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 100-180, div. A, 
title III, Sec. 313(c), Dec. 4, 1987, 101 Stat. 1074; Pub. L. 101-189, 
div. A, title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. 
L. 104-106, div. A, title III, Sec. 375(b)(1), Feb. 10, 1996, 110 Stat. 
283.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
4621(a)...............................  10:904.                              Au
g. 31, 1918, ch. 166, Sec.  9
                                        10:1231.                              (
less 17th through 22d words), 40
                                        10:1237.                              S
tat. 957.
                                        32:156.                              R.
S. 1144; June 28, 1950, ch. 383,
4621(b)...............................  10:1238.                              S
ec.  402(a), 64 Stat. 272.
4621(c)...............................  10:1233.
4621(d)...............................  10:1234.                             Ju
ne 3, 1916, ch. 134, Sec.  109;
                                        34:539                                r
estated June 4, 1920, ch. 227,
4621(e)...............................  10:1235.                              s
ubch. I, Sec.  47; restated June
4621(f)...............................  10:1395 (less last sentence).         3
, 1924, ch. 244, Sec.  3;
                                        10:1253.                              r
estated Oct. 14, 1940, ch. 875,
4621(g)...............................  10:1241.                              S
ec.  3, 54 Stat. 1136; Mar. 25,
4621(h)...............................  10:1196.                              1
948, ch. 157, Sec.  5(b), 62
4621(i)...............................                                        S
tat. 91; Oct. 12, 1949, ch. 681,
                                                                              S
ec.  501(f)(2) and (3) (as
                                                                              a
pplicable to Sec.  109 of the Act
                                                                              o
f June 3, 1916, ch. 134), 63
                                                                              S
tat. 827; July 9, 1952, ch. 608,
                                                                              S
ec.  803 (12th par.), 66 Stat.
                                                                              5
05.
                                        ...................................  Ju
ne 30, 1922, ch. 253, Title I
                                                                              (
last proviso under ``Clothing and
                                                                              E
quipage''), 42 Stat. 729.
                                        ...................................  Ju
ly 5, 1884, ch. 217 (proviso
                                                                              u
nder ``Subsistence of the
                                                                              A
rmy''), 23 Stat. 108.
                                        ...................................  Au
g. 29, 1916, ch. 418 (words
                                                                              b
efore semicolon of 3d proviso
                                                                              u
nder ``Subsistence of the
                                                                              A
rmy''), 39 Stat. 630.
                                        ...................................  Ma
r. 4, 1915, ch. 143 (last proviso
                                                                              u
nder ``Clothing, and Camp and
                                                                              G
arrison Equipage''), 38 Stat.
                                                                              1
079; June 28, 1950, ch. 383, Sec.
                                                                               
402(k), 64 Stat. 273.
                                        ...................................  Ju
ne 5, 1920, ch. 240 (par. under
                                                                              `
`Purchase of Army Stores by
                                                                              D
ischarged Receiving Treatment
                                                                              f
rom the Public Health Service''),
                                                                              4
1 Stat. 976.
                                        ...................................  Fe
b. 14, 1927, ch. 134 (less last
                                                                              s
entence), 44 Stat. 1096.
                                        ...................................  Ma
r. 3, 1911, ch. 209 (last par.
                                                                              u
nder ``Subsistence Department''),
                                                                              3
6 Stat. 1047.
                                        ...................................  Au
g. 8, 1953, ch. 390, Sec.  1, 67
                                                                              S
tat. 499.
                                        ...................................  Ma
r. 3, 1875, ch. 131 (proviso of
                                                                              1
st 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, Sec. 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, Sec. 375(b)(1)(B), substituted 
``The Secretary'' for ``The branch, office, or officer designated by the 
Secretary''.
    Subsec. (f). Pub. L. 104-106, Sec. 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, Sec. 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, Sec. 101, 63 Stat. 713; Sept. 6, 1950, 
ch. 896, ch. XI, title III, Sec. 301, 64 Stat. 763; Nov. 1, 1951, ch. 
664, ch. IX, Sec. 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, 
Sec. 101, 69 Stat. 269.

                  Section Referred to in Other Sections

    This section is referred to in section 4629 of this title; title 37 
section 1007.
