
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: 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 the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 
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 section 
203 of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 484), 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.)


                      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. Provisions of that act relating to disposal of government 
property are classified to chapter 10 (Sec. 471 et seq.) of Title 40, 
Public Buildings, Property, and Works. For complete classification of 
this Act to the Code, see Short Title note set out under section 471 of 
Title 40, and Tables.


                               Amendments

    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''.
