
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: 10USC4685]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
          CHAPTER 443--DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL
 
Sec. 4685. Obsolete ordnance: loan to educational institutions 
        and State soldiers and sailors' orphans' homes
        
    (a) Upon the recommendation of the governor of the State or 
Territory concerned, 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 
and Territorial 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.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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4685(a)...............................  50:62a (1st par. and proviso of      Ju
ne 30, 1906, ch. 3938, 34 Stat.
                                         last par.).                          8
17.
4685(b)...............................  50:62a (last par., less proviso).
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---------------------------------

    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.

                  Section Referred to in Other Sections

    This section is referred to in title 18 section 921; title 26 
section 5845.
