§7685 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of the Army can lend old military weapons and related supplies to state schools and to soldiers’ and sailors’ orphan homes in States, Guam, or the Virgin Islands if the governor asks for it. The Secretary sets the rules and the United States won’t pay for transport. Each borrower must post a bond worth twice the items’ value to cover care, safekeeping, and return (except for items properly used up). No loan can go to an institution that could get such items under a law that was in force on June 30, 1906, and still is.

Title 10, §7685

Armed Forces — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 4685 of this title as this section. 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§7685 Obsolete ordnance: loan to educational institutions and State soldiers and sailors’ orphans’ homes

Summary

Title 10, §7685

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Regulations

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata