§ 641. — Disposal of certain material.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC641]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 17--ADMINISTRATION
Sec. 641. Disposal of certain material
(a) The Commandant subject to applicable regulations under subtitle
I of title 40 and title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.) may dispose of, with or
without charge, to the Coast Guard Auxiliary, including any incorporated
unit thereof, to the sea-scout service of the Boy Scouts of America, and
to any public body or private organization not organized for profit
having an interest therein for historical or other special reasons, such
obsolete or other material as may not be needed for the Coast Guard.
(b) The Commandant may, under regulations prescribed by the
Secretary, sell apparatus or equipment manufactured by or in use in the
Coast Guard, which is not readily procurable in the open market. The
money received from such sale shall be deposited in the Treasury to the
credit of the current appropriation from which purchase of similar
apparatus or equipment is authorized.
(c)(1) The Commandant may--
(A) provide for the sale of recyclable materials that the Coast
Guard holds;
(B) provide for the operation of recycling programs at Coast
Guard installations; and
(C) designate Coast Guard installations that have qualified
recycling programs for the purposes of subsection (d)(2).
(2) Recyclable materials shall be sold in accordance with sections
541-555 of title 40, except that the Commandant may conduct sales of
materials for which the proceeds of sale will not exceed $5,000 under
regulations prescribed by the Commandant.
(d)(1) Proceeds from the sale of recyclable materials at a Coast
Guard installation shall be credited to funds available for operations
and maintenance at that installation in amounts sufficient to cover
operations, maintenance, recycling equipment, and overhead costs for
processing recyclable materials at the installation.
(2) If, after funds are credited, a balance remains available to a
Coast Guard installation and the installation has a qualified recycling
program, not more than 50 percent of that balance may be used at the
installation for projects for pollution abatement, energy conservation,
and occupational safety and health activities. The cost of the project
may not be greater than 50 percent of the amount permissible for a minor
construction project.
(3) The remaining balance available to a Coast Guard,\1\
installation may be transferred to the Coast Guard Morale, Welfare, and
Recreation Program.
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\1\ So in original. The comma probably should not appear.
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(e) If the balance available to the Coast Guard installation under
this section at the end of a fiscal year is in excess of $200,000, the
amount of that excess shall be deposited in the general fund of the
Treasury as offsetting receipts of the Department in which the Coast
Guard is operating and ascribed to Coast Guard activities.
(Aug. 4, 1949, ch. 393, 63 Stat. 547; Oct. 31, 1951, ch. 654,
Sec. 2(11), 65 Stat. 707; Pub. L. 97-295, Sec. 2(4), Oct. 12, 1982, 96
Stat. 1301; Pub. L. 102-587, title V, Sec. 5202, Nov. 4, 1992, 106 Stat.
5071; Pub. L. 104-324, title IV, Sec. 408, title XI, Sec. 1119, Oct. 19,
1996, 110 Stat. 3925, 3973; Pub. L. 107-217, Sec. 3(c)(3), Aug. 21,
2002, 116 Stat. 1298.)
Historical and Revision Notes
Subsection (a) is based on title 14, U.S.C., 1946 ed., Sec. 43a
(Apr. 10, 1936, ch. 179, 49 Stat. 1195). The authorization is enlarged
to include any public body or private organization not organized for
profit, and the authority to make disposal is placed in the Commandant
rather than in the Secretary.
Subsection (b) is based on title 33, U.S.C., 1946 ed., Sec. 752a
(May 22, 1926, ch. 371, Sec. 5, 44 Stat. 626).
Changes were made in phraseology. 81st Congress, House Report No.
557.
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 377,
as amended. Title III of the Act is classified generally to subchapter
IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For
complete classification of this Act to the Code, see Tables.
Amendments
2002--Subsec. (a). Pub. L. 107-217, Sec. 3(c)(3)(A), inserted
``subtitle I of title 40 and title III of'' before ``the Federal
Property and Administrative Services Act of 1949'' and substituted ``(41
U.S.C. 251 et seq.)'' for ``(40 U.S.C. 471 et seq.)''.
Subsec. (c)(2). Pub. L. 107-217, Sec. 3(c)(3)(B), substituted
``sections 541-555 of title 40'' for ``section 203 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 484)''.
1996--Subsec. (a). Pub. L. 104-324, Sec. 408, inserted ``to the
Coast Guard Auxiliary, including any incorporated unit thereof,'' after
``with or without charge,'' and struck out ``to any incorporated unit of
the Coast Guard Auxiliary,'' after ``Boy Scouts of America,''.
Subsec. (c)(2). Pub. L. 104-324, Sec. 1119, inserted ``, except that
the Commandant may conduct sales of materials for which the proceeds of
sale will not exceed $5,000 under regulations prescribed by the
Commandant'' before period at end.
1992--Subsecs. (c) to (e). Pub. L. 102-587 added subsecs. (c) to
(e).
1982--Subsec. (a). Pub. L. 97-295 substituted ``(40 U.S.C. 471 et
seq.)'' for ``, as amended,'' after ``Act of 1949''.
1951--Subsec. (a). Act Oct. 31, 1951, inserted reference to
applicable regulations of the Federal Property and Administrative
Services Act of 1949, as amended, and substituted ``incorporated'' for
``regularly organized flotilla or other organized''.
