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Title 14 — Coast Guard

Chapter 9 — Administration

§ 901. Disposal of certain material

Statutory text

(a)

The Commandant subject to applicable regulations under subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 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 installation may be transferred to the Coast Guard Morale, Welfare, and Recreation Program.

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Title 14, United States Code, section —

    Pub. L. 81–393 · 63 Stat. 495

    Enacted · 14 U.S.C. § 901

    Aug. 4, 1949, ch. 393, 63 Stat. 547, § 641

    Source evidence

    Code source credit
    Aug. 4, 1949, ch. 393, 63 Stat. 547, § 641

  2. Public Law not identified

    1. Inserted · 14 U.S.C. § 901(a)

      Subsec. (a). Act Oct. 31, 1951, inserted reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended

    2. Substituted · 14 U.S.C. § 901(a)

      Subsec. (a). Act Oct. 31, 1951, substituted “incorporated” for “regularly organized flotilla or other organized”

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    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”.

  3. Pub. L. 97–295 § 2(4) · 96 Stat. 1287

    Substituted · 14 U.S.C. § 901(a)

    Pub. L. 97–295 substituted “(40 U.S.C. 471 et seq.)” for “, as amended,” after “Act of 1949”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–295 substituted “(40 U.S.C. 471 et seq.)” for “, as amended,” after “Act of 1949”.

    Enacted provision · exact public law section
    (4) Sections 92(d), 93(h), and 641(a) are amended by striking 14 USC 92, 93, 641. out “, as amended,” and substituting “(40 U.S.C. 471 et seq.)”.

  4. Coast Guard Authorization Act of 1992

    Pub. L. 102–587 title V § 5202 · 106 Stat. 5039

    Added · 14 U.S.C. § 901(c)(e)

    Pub. L. 102–587 added subsecs. (c) to (e)

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 102–587 added subsecs. (c) to (e).

    Enacted provision · exact public law section
    SEC. 5202. RECYCLING PROGRAM. Section 641 of title 14, United States Code, is amended by adding the following: “(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 section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484). “(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, installation may be transferred to the Coast Guard Morale, Welfare, and Recreation Program. “(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.”.

  5. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 408 · 110 Stat. 3901

    1. Inserted · 14 U.S.C. § 901(a)

      Pub. L. 104–324, § 408, inserted “to the Coast Guard Auxiliary, including any incorporated unit thereof,” after “with or without charge,”

    2. Struck · 14 U.S.C. § 901(a)

      Pub. L. 104–324, § 408, struck out “to any incorporated unit of the Coast Guard Auxiliary,” after “Boy Scouts of America,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–324, § 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,”.

    Enacted provision · exact public law section
    SEC. 408. DISPOSAL OF CERTAIN MATERIAL. Section 641(a) of title 14, United States Code, is amended— (1) by inserting after “with or without charge,” the following: “to the Coast Guard Auxiliary, including any incorporated unit thereof,”; and (2) by striking “to any incorporated unit of the Coast Guard Auxiliary,”.

  6. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 1119 · 110 Stat. 3901

    Inserted · 14 U.S.C. § 901(c)(2)

    Pub. L. 104–324, § 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

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 104–324, § 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.

    Enacted provision · exact public law section
    SEC. 1119. IMPROVED AUTHORITY TO SELL RECYCLABLE MATERIAL. Section 641(c)(2) of title 14, United States Code, is amended by inserting before the period the following: “, 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”.

  7. Pub. L. 107–217 § 3(c)(3)(A) · 116 Stat. 1062

    1. Inserted · 14 U.S.C. § 901(a)

      Pub. L. 107–217, § 3(c)(3)(A), inserted “subtitle I of title 40 and title III of” before “the Federal Property and Administrative Services Act of 1949”

    2. Substituted · 14 U.S.C. § 901(a)

      Pub. L. 107–217, § 3(c)(3)(A), substituted “(41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–217, § 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.)”.

    Enacted provision · exact public law section
    (A) in subsection (a)— (i) insert “subtitle I of title 40 and title III of’ before “the Federal”; and (ii) strike “(40 U.S.C. 471 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”; and

  8. Pub. L. 107–217 § 3(c)(3)(B) · 116 Stat. 1062

    Substituted · 14 U.S.C. § 901(c)(2)

    Pub. L. 107–217, § 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)”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 107–217, § 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)”.

    Enacted provision · exact public law section
    (B) in subsection (c)(2), strike “section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484)” and substitute “sections 541-555 of title 40”.

  9. Pub. L. 111–350 § 5(c)(3) · 124 Stat. 3677

    Substituted · 14 U.S.C. § 901(a)

    Pub. L. 111–350 substituted “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–350 substituted “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)”.

    Enacted provision · exact public law section
    (3) In section 641(a), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”.

  10. Coast Guard Authorization Act of 2015

    Pub. L. 114–120 title II § 209(10) · 130 Stat. 27

    Substituted · 14 U.S.C. § 901(d)(3)

    Pub. L. 114–120 substituted “Guard installation” for “Guard, installation”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 114–120 substituted “Guard installation” for “Guard, installation”.

    Enacted provision · exact public law section
    (10) in section 641(d)(3), by striking “Guard, installation” and inserting “Guard installation”;

  11. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 title I § 107(b) · 132 Stat. 4192

    Changed · 14 U.S.C. § 901

    Pub. L. 115–282 renumbered section 641 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–282 renumbered section 641 of this title as this section.

    Enacted provision · exact public law section
    (b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 9 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 641Disposal of certain material901 653Employment of draftsmen and engineers902 656Use of certain appropriated funds903 666Local hire904 670Procurement authority for family housing905 671Air Station Cape Cod Improvements906 672Long-term lease of special purpose facilities907 672aLong-term lease authority for lighthouse property908 674Small boat station rescue capability909 675Small boat station closures910 676Search and rescue center standards911 676aAir facility closures912 677Turnkey selection procedures913 681Disposition of infrastructure related to E–LORAN914 635Oaths required for boards931 636Administration of oaths932 638Coast Guard ensigns and pennants933 639Penalty for unauthorized use of words “Coast Guard”934 640Coast Guard band recordings for commercial sale935 645Confidentiality of medical quality assurance records; qualified immunity for participants936 646Admiralty claims against the United States937 647Claims for damage to property of the United States938 648Accounting for industrial work939 649Supplies and equipment from stock940 650Coast Guard Supply Fund941 654Public and commercial vessels and other watercraft; sale of fuel, supplies, and services942 655Arms and ammunition; immunity from taxation943 658Confidential investigative expenses944 659Assistance to film producers945 664User fees946 667Vessel construction bonding requirements947 668Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care948 669Telephone installation and charges949 673Designation, powers, and accountability of deputy disbursing officials950 678Aircraft accident investigations951

11 of 14 references resolved to an enrolled provision · 1 partial · 2 unresolved

Notes

Historical and Revision Notes

Subsection (a) is based on title 14, U.S.C., 1946 ed., § 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., § 752a (May 22, 1926, ch. 371, § 5, 44 Stat. 626).

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Amendments1951–2018 · 8 rounds

2018

Pub. L. 115–282 renumbered section 641 of this title as this section.

2016

Subsec. (d)(3). Pub. L. 114–120 substituted “Guard installation” for “Guard, installation”.

2011

Subsec. (a). Pub. L. 111–350 substituted “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)”.

2002

Subsec. (a). Pub. L. 107–217, § 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, § 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, § 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, § 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 , 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”.

Credits

1949–2018 · 9 acts
  1. 1949Aug. 4, 1949, ch. 393, 63 Stat. 547, § 641
  2. 1951Oct. 31, 1951, ch. 654, § 2(11), 65 Stat. 707
  3. 1982Pub. L. 97–295, § 2(4), , 96 Stat. 1301
  4. 1992Pub. L. 102–587, title V, § 5202, , 106 Stat. 5071
  5. 1996Pub. L. 104–324, title IV, § 408, title XI, § 1119, , 110 Stat. 3925, 3973
  6. 2002Pub. L. 107–217, § 3(c)(3), , 116 Stat. 1298
  7. 2011Pub. L. 111–350, § 5(c)(3), , 124 Stat. 3847
  8. 2016Pub. L. 114–120, title II, § 209(10), , 130 Stat. 41
  9. 2018renumbered § 901, Pub. L. 115–282, title I, § 107(b), , 132 Stat. 4205.
Show as published

(Aug. 4, 1949, ch. 393, 63 Stat. 547, § 641; Oct. 31, 1951, ch. 654, § 2(11), 65 Stat. 707; Pub. L. 97–295, § 2(4), , 96 Stat. 1301; Pub. L. 102–587, title V, § 5202, , 106 Stat. 5071; Pub. L. 104–324, title IV, § 408, title XI, § 1119, , 110 Stat. 3925, 3973; Pub. L. 107–217, § 3(c)(3), , 116 Stat. 1298; Pub. L. 111–350, § 5(c)(3), , 124 Stat. 3847; Pub. L. 114–120, title II, § 209(10), , 130 Stat. 41; renumbered § 901, Pub. L. 115–282, title I, § 107(b), , 132 Stat. 4205.)

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USLM identifier /us/usc/t14/s901