PART IV—SERVICE, SUPPLY, AND PROCUREMENT
Editorial Notes
Amendments
2018—
1999—
1993—
CHAPTER 961 —CIVIL RESERVE AIR FLEET
Editorial Notes
Prior Provisions
Chapter was comprised of subchapter I, sections 9501 to 9507, and subchapter II, sections 9511 to 9513, prior to amendment by
Prior section 9501, act Aug. 10, 1956, ch. 1041,
Prior section 9502, act Aug. 10, 1956, ch. 1041,
Prior section 9503, act Aug. 10, 1956, ch. 1041,
Prior section 9504, act Aug. 10, 1956, ch. 1041,
Prior section 9505, act Aug. 10, 1956, ch. 1041,
Prior section 9506, act Aug. 10, 1956, ch. 1041,
Prior section 9507, act Aug. 10, 1956, ch. 1041,
Amendments
2021—
2018—
2017—
2015—
2014—
2011—
2009—
1996—
1994—
1993—
1989—
1981—
§9511. Definitions
In this chapter:
(1) The terms "aircraft", "citizen of the United States", "civil aircraft", "person", and "public aircraft" have the meanings given those terms by
(2) The term "passenger-cargo combined aircraft" means a civil aircraft equipped so that its main deck can be used to carry both passengers and property (including mail) simultaneously.
(3) The term "cargo-capable aircraft" means a civil aircraft equipped so that all or substantially all of the aircraft's capacity can be used for the carriage of property or mail.
(4) The term "passenger aircraft" means a civil aircraft equipped so that its main deck can be used for the carriage of individuals and cannot be used principally, without major modification, for the carriage of property or mail.
(5) The term "cargo-convertible aircraft" means a passenger aircraft equipped or designed so that all or substantially all of the main deck of the aircraft can be readily converted for the carriage of property or mail.
(6) The term "Civil Reserve Air Fleet" means those aircraft allocated, or identified for allocation, to the Department of Defense under section 101 of the Defense Production Act of 1950 (
(7) The term "contractor" means a citizen of the United States (A) who owns or controls, or who will own or control, a new or existing aircraft and who contracts with the Secretary under
(8) The term "existing aircraft" means a civil aircraft other than a new aircraft.
(9) The term "new aircraft" means a civil aircraft that a manufacturer has not begun to assemble before the aircraft is covered by a contract under
(10) The term "Secretary" means the Secretary of Defense.
(11) The term "defense feature" means equipment or design features included or incorporated in a civil aircraft which ensures the compatibility of such aircraft with the Department of Defense airlift system. Such term includes any equipment or design feature which enables such aircraft to be readily modified for use as an aeromedical aircraft or a cargo-convertible, cargo-capable, or passenger-cargo combined aircraft.
(12) The term "Civil Reserve Air Fleet program" means the program developed by the Department of Defense through which the Department of Defense augments its airlift capability by use of civil aircraft.
(Added
Editorial Notes
Amendments
2021—Pars. (7), (9).
Par. (10).
2016—Par. (6).
2015—Par. (12).
1994—
Par. (1).
Par. (6).
Par. (7).
Par. (8).
Pars. (9), (10).
Par. (11).
Par. (12).
1989—Par. (2).
Par. (5).
Par. (8)(A).
Par. (12).
1988—Par. (1).
1987—Pars. (1) to (11).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
[§9511a. Renumbered §9512]
§9512. Civil Reserve Air Fleet contracts: payment rate
(a)
(b)
(c)
(d)
(Added
Editorial Notes
Prior Provisions
A prior section 9512 was renumbered
Amendments
2021—
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Initial Regulations
§9513. Contracts for the inclusion or incorporation of defense features
(a)
(1) may contract with any citizen of the United States for the inclusion or incorporation of defense features in any new or existing aircraft to be owned or controlled by that citizen; and
(2) may contract with United States aircraft manufacturers for the inclusion or incorporation of defense features in new aircraft to be operated by a United States air carrier.
(b)
(1) that any aircraft covered by the contract shall be committed to the Civil Reserve Air Fleet;
(2) that, so long as the aircraft is owned or controlled by a contractor, the contractor shall operate the aircraft for the Department of Defense as needed during any activation of the Civil Reserve Air Fleet, notwithstanding any other contract or commitment of that contractor; and
(3) that the contractor operating the aircraft for the Department of Defense shall be paid for that operation at fair and reasonable rates.
(c)
(1) the aircraft is destroyed or becomes unusable, as defined in the contract;
(2) the defense features specified in the contract are rendered unusable or are removed from the aircraft;
(3) control over the aircraft is transferred to any person that is unable or unwilling to assume the contractor's obligations under the contract; or
(4) the registration of the aircraft under
(d)
(A) to contract, with the concurrence of the contractor, directly with another person for the performance of the work necessary for the inclusion or incorporation of defense features in such aircraft; and
(B) to pay such other person directly for such work.
(2) A contract entered into pursuant to paragraph (1) may include such specifications for work and equipment as the Secretary considers necessary to meet the needs of the United States.
(e)
(Added
Editorial Notes
References in Text
Codification
The text of subsecs. (a) and (b) of prior
Prior Provisions
A prior section 9513, added
Another prior section 9513, added
Amendments
2021—
2016—Subsec. (e).
1996—Subsecs. (b)(2), (e).
1994—Subsec. (a).
Subsec. (b).
Subsec. (b)(4).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1989—
1984—Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
1 See References in Text note below.
§9514. Indemnification of Department of Transportation for losses covered by defense-related aviation insurance
(a)
(A) in the case of a claim for the loss of an aircraft hull, not later than 30 days after the date on which the Secretary of Transportation determines the claim to be payable or that amounts are due under the policy that provided the defense-related aviation insurance; and
(B) in the case of any other claim, not later than 180 days after the date on which the Secretary of Transportation determines the claim to be payable.
(2) When there is a loss of an aircraft hull that is (or may be) covered by defense-related aviation insurance, the Secretary of Transportation may make, during the period when a claim for such loss is pending with the Secretary of Transportation, any required periodic payments owed by the insured party to a lessor or mortgagee of such aircraft. Such payments shall commence not later than 30 days following the date of the presentment of the claim for the loss of the aircraft hull to the Secretary of Transportation. If the Secretary of Transportation determines that the claim is payable, any amount paid under this paragraph arising from such claim shall be credited against the amount payable under the aviation insurance. If the Secretary of Transportation determines that the claim is not payable, any amount paid under this paragraph arising from such claim shall constitute a debt to the United States, payable to the insurance fund. Any such amounts so returned to the United States shall be promptly credited to the fund or account from which the payments were made under this paragraph.
(b)
(c)
(d)
(2) Consolidation of claims arising from the same incident is not required before indemnification of the Secretary of Transportation for payment of a claim may be made under this section.
(e)
(f)
(1)
(2)
(Added
Editorial Notes
References in Text
The date of the enactment of this section, referred to in subsec. (e), is the date of enactment of
Amendments
2021—Subsecs. (f), (g).
2011—Subsec. (c).
2003—Subsec. (c).
Subsec. (f).
§9515. Charter air transportation services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet
(a)
(1) improve the predictability in Department of Defense charter requirements;
(2) strengthen Civil Reserve Airlift Fleet participation to assure adequate capacity is available to meet steady-state, surge and mobilization requirements; and
(3) provide incentives for commercial air carriers to provide newer, more efficient and reliable aircraft for Department of Defense service rather than older, fully depreciated aircraft.
(b)
(c)
(d)
(1) if under contract with the Department of Defense in the prior fiscal year, shall have an average on-time pick up rate, based on factors within such air carrier's control, of at least 90 percent;
(2) shall offer such amount of commitment to the Civil Reserve Air Fleet in excess of the minimum required for participation in the Civil Reserve Air Fleet as the Secretary shall specify for purposes of this section; and
(3) may not have refused a Department of Defense request to act as a host for other Civil Reserve Air Fleet carriers at intermediate staging bases during the prior fiscal year.
(e)
(2) In calculating the average annual expenditure of the Department of Defense for charter air transportation services for purposes of paragraph (1), the Secretary shall omit from the calculation any fiscal year exhibiting unusually high demand for charter air transportation services if the Secretary determines that the omission of such fiscal year from the calculation will result in a more accurate forecast of anticipated charter air transportation services for purposes of that paragraph.
(f)
(2) In determining the minimum purchase amount payable under paragraph (1) under a contract under subsection (c) for charter air transportation services provided by an air carrier or air carrier contractor team arrangement during the fiscal year covered by such contract, the Secretary may adjust the amount allocated to such carrier or arrangement under paragraph (1) to take into account periods during such fiscal year when charter air transportation services of such carrier or a carrier in such arrangement are unavailable for usage by the Department of Defense, including during periods of refused business or suspended operations or when such carrier is placed in nonuse status pursuant to
(g)
(h)
(2) Any amounts required to be transferred under paragraph (1) shall be transferred by the last day of the fiscal year concerned to meet the requirements of subsection (g) unless minimum purchase amounts have already been distributed by the Secretary under subsection (g) as of that date.
(i)
(2) A military department may transfer any entitlement to charter air transportation services under paragraph (1) to any other military department or to any other agency, element, or component of the Department of Defense.
(j)
(Added
Editorial Notes
References in Text
Section 356 of the National Defense Authorization Act for Fiscal Year 2008, referred to in subsec. (b), is section 356 of
Amendments
2021—
Subsec. (k).
2013—Subsec. (a)(3).
Subsec. (b).
Subsec. (j).
Subsec. (k).
2011—Subsec. (b).
Subsec. (f)(2).
Subsec. (j).
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Amendment by section 1076(b)(4) of
Report to Congress; Limitation on Exercise of Authority
"(1)
"(2)
§9516. Airlift service
(a)
(A) has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and
(B) holds a certificate issued under
(2) The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under
(b)
(c)
(d)
(e)
(1) identifies each contract for airlift services awarded in the preceding fiscal year to a provider that does not meet the requirements set forth in subparagraphs (A) and (B) of subsection (a)(1); and
(2) for each such contract—
(A) specifies the dollar value of the award; and
(B) provides a detailed explanation of the reasons for the award.
(f)
(Added
Editorial Notes
Amendments
2021—Subsec. (d).
Subsecs. (e), (f).
§9517. Level of readiness of Civil Reserve Air Fleet carriers
The Civil Reserve Air Fleet program is an important component of the military airlift system in support of United States defense and foreign policies, and it is the policy of the United States to maintain the readiness and interoperability of Civil Reserve Air Fleet carriers by providing appropriate levels of peacetime airlift augmentation to maintain networks and infrastructure, exercise the system, and interface effectively within the military airlift system.
(Added
Statutory Notes and Related Subsidiaries
Findings
"(1) The National Airlift Policy states that '[t]he national defense airlift objective is to ensure that military and civil airlift resources will be able to meet defense mobilization and deployment requirements in support of US defense and foreign policies.'.
"(2) The National Airlift Policy also emphasizes the need for 'dialogue and cooperation with our national aviation industry,' and it states that '[i]t is of particular importance that the aviation industry be apprised by the Department of Defense of long-term requirements for airlift in support of national defense.'.
"(3) The National Airlift Policy emphasizes the importance of both military and civil airlift resources and their interdependence in the fulfillment of the national defense airlift objective, and it states that the 'Department of Defense shall establish appropriate levels for peacetime cargo airlift augmentation in order to promote the effectiveness of Civil Reserve Air Fleet and provide training within the military airlift system.'.
"(4) Civil Reserve Air Fleet carriers continue to be an important component of the military airlift system in support of United States defense and foreign policies."
CHAPTER 963 —PROCUREMENT
Editorial Notes
Amendments
2018—
1993—
1982—
Statutory Notes and Related Subsidiaries
Pilot Program To Commercialize Prototypes of the Department of the Air Force
"(a)
"(b)
"(1) a grant;
"(2) a contract or other agreement; or
"(3) such other form of support as the Secretary of the Air Force determines appropriate.
"(c)
"(d)
"(e)
"(1)
"(2)
"(A) outline measures the entity will implement to give the Department of Defense purchasing priority when supply chain issues are a factor;
"(B) certify that the entity will, with respect to the export of any such product, comply with—
"(i) International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations (or any successor regulations); and
"(ii) any other applicable export restrictions; and
"(C) acknowledge that the entity may seek advice and assistance from the Department of the Air Force and the Department of State in the event that the export restrictions applicable to a commercial product developed with support under this section—
"(i) are more restrictive than the export restrictions applicable to the component technologies that comprise the product; and
"(ii) are expected to unnecessarily impede the ability to make the product commercially available outside the United States.
"(f)
"(g)
"(h)
"(i)
"(1) The term 'commercialize', when used with respect to a prototype, means to transition a prototype into a commercial product.
"(2) The term 'commercial product' has the meaning given that term in
"(3) The term 'qualified entity' means an individual or entity the Secretary of the Air Force determines to be qualified to participate in the pilot program under this section."
Authorization To Establish Technology Transition Program for Strategic Nuclear Deterrence
"(a)
"(1) to carry out technology transition, digital engineering projects, and other innovation activities supporting the Air Force nuclear enterprise; and
"(2) to identify capabilities for the Air Force nuclear enterprise that have the potential to generate life-cycle cost savings and provide data-driven approaches to resource allocation.
"(b)
"(c)
Digital Transformation Commercial Software Acquisition
"(a)
"(b)
"(c)
"(1) review the market for commercial digital engineering and software tools; and
"(2) conduct research on providers of commercial software capabilities that have the potential to expedite the progress of digital engineering initiatives across the weapon system enterprise, with a particular focus on capabilities that have the potential to generate significant life-cycle cost savings, streamline and accelerate weapon system acquisition, and provide data-driven approaches to inform investments by the Department of the Air Force.
"(d)
"(1) an analysis of specific digital engineering and software tool capability manufacturers that deliver high mission impact with broad reach into the weapon system enterprise of the Department of the Air Force; and
"(2) a prioritized list of programs and offices of the Department of the Air Force that could better utilize commercial digital engineering and software tools and opportunities for the implementation of such digital engineering and software tool capabilities within the Department."
Competitively Awarded Demonstrations and Tests of Electromagnetic Warfare Technology
"(a)
"(1) The operation of multiple emitters and receivers in the same frequency at the same time and in the same location without mutual interference and without using adaptive beam forming or nulling.
"(2) Protecting the reception of Global Positioning System and other vulnerable low-power signals from multiple high-power jammers at a level that is significantly better than the protection afforded by controlled reception pattern antennas.
"(3) Simultaneous transmission from and reception of separate signals on the same platform wherein the signals lie in the same frequency and are transmitted and received at the same time without interference.
"(4) Capabilities similar those described in paragraphs (1) through (3) in a live, virtual constructive simulation environment.
"(5) Other capabilities that might satisfy or support needs set forth in the Electromagnetic Spectrum Superiority Strategy Implementation Plan released on August 5, 2021.
"(b)
"(1) provide oversight of the demonstrations and tests required by subsection (a);
"(2) review other applicable government or commercial demonstrations and tests; and
"(3) not later than 30 days after the completion of the demonstrations and tests under subsection (a), advise the Chief Information Officer of the Department of Defense, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment of the outcomes of the demonstrations and tests.
"(c)
"(1) not later than 45 days after the conclusion of the tests under subsection (a), the Director of the Air Force Rapid Capabilities Office and the Director of Operational Test and Evaluation shall jointly provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the outcomes of the tests;
"(2) the Director of the Air Force Rapid Capabilities Office may begin engineering form, fit, and function development and integration to incorporate technologies demonstrated and tested under subsection (a) into specific Department of Defense platforms and applications; and
"(3) not later than 90 days after the conclusion of the tests under subsection (a), the Director of the Air Force Rapid Capabilities Office, the Chief Information Officer, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment shall jointly provide to the congressional defense committees a briefing on any plans of the Department of Defense to further develop and deploy the technologies demonstrated and tested under subsection (a) to support the Electromagnetic Spectrum Superiority Strategy Implementation Plan released on August 5, 2021.
"(d)
"(e)
"(1) a commercial component (as defined in
"(2) a commercial product (as defined in section 103 such title);
"(3) a commercial service (as defined in section 103a of such title); or
"(4) a commercially available off-the-shelf item (as defined in section 104 of such title)."
[§9531. Repealed. Pub. L. 103–160, div. A, title VIII, §823(2), Nov. 30, 1993, 107 Stat. 1707 ]
Section, act Aug. 10, 1956, ch. 1041,
§9532. Factories, arsenals, and depots: manufacture at
The Secretary of the Air Force may have supplies needed for the Department of the Air Force made in factories, arsenals, or depots owned by the United States, so far as those factories, arsenals, or depots can make those supplies on an economical basis.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9532 | 5:626–2(e). | Sept. 19, 1951, ch. 407, §101(e), |
The word "made" is substituted for the words "manufactured or produced". The words "United States" are substituted for the word "Government".
[§§9534, 9535. Repealed. Pub. L. 103–160, div. A, title VIII, §823(4), (5), Nov. 30, 1993, 107 Stat. 1707 ]
Section 9534, act Aug. 10, 1956, ch. 1041,
Section 9535, act Aug. 10, 1956, ch. 1041,
§9536. Equipment: bakeries, schools, kitchens, and mess halls
Money necessary for the following items for the use of enlisted members of the Air Force or the Space Force may be spent from appropriations for regular supplies:
(1) Equipment for air base bakeries.
(2) Furniture, textbooks, paper, and equipment for air base schools.
(3) Tableware and mess furniture for kitchens and mess halls.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9536 | 10:1334. | June 13, 1890, ch. 423 (1st proviso under "Quartermaster's De- partment"), |
The words "Money necessary * * * may be spent" are substituted for the words "There may be expended * * * the amounts required". The word "bakeries" is substituted for the words "bake house to carry on post bakeries". The words "each and all" are omitted as surplusage.
Editorial Notes
Amendments
2021—
[§§9537, 9538. Repealed. Pub. L. 103–160, div. A, title VIII, §823(6), (7), Nov. 30, 1993, 107 Stat. 1707 ]
Section 9537, acts Aug. 10, 1956, ch. 1041,
Section 9538, acts Aug. 10, 1956, ch. 1041,
§9540. Architectural and engineering services
(a) Whenever he considers that it is advantageous to the national defense and that existing facilities of the Department of the Air Force are inadequate, the Secretary of the Air Force may, by contract or otherwise, employ the architectural or engineering services of any person outside that Department for producing and delivering designs, plans, drawings, and specifications needed for any public works or utilities project of the Department.
(b) The fee for any service under this section may not be more than 10 percent of the estimated cost, as determined by the Secretary, of the project to which it applies.
(c) Sections 305, 3324, and 7204,
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9540(a) | 5:221 (1st sentence, less last 15 words). | Aug. 7, 1939, ch. 511, §2, |
| 9540(b) | 5:221 (less 1st sentence). | |
| 9540(c) | 5:221 (last 15 words of 1st sentence). |
In subsection (a), the words "and providing that in the opinion" are omitted as covered by the words "whenever he considers". The words "needed for" are substituted for the words "required for the accomplishment of".
In subsection (c), reference is made in substance to the Classification Act of 1949, instead of the Classification Act of 1923 referred to in the source statute, since section 1106(a) of the Classification Act of 1949,
Editorial Notes
Amendments
2023—Subsec. (b).
1980—Subsec. (c).
1978—Subsec. (c).
1966—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by section 703(c)(3) of
Amendment by section 801(a)(3)(I) of
[§9541. Repealed. Pub. L. 103–160, div. A, title VIII, §822(d)(2), Nov. 30, 1993, 107 Stat. 1707 ]
Section, added
CHAPTER 965 —ISSUE OF SERVICEABLE MATERIAL TO ARMED FORCES
Editorial Notes
Amendments
2018—
§9561. Rations
(a) The President may prescribe the components, and the quantities thereof, of the Air Force ration and the Space Force ration. He may direct the issue of equivalent articles in place of the prescribed components whenever, in his opinion, economy and the health and comfort of the members of the Air Force or the Space Force so require.
(b) An enlisted member of the Air Force or the Space Force on active duty is entitled to one ration daily. The emergency ration, when issued, is in addition to the regular ration.
(c) Fresh or preserved fruits, milk, butter, and eggs necessary for the proper diet of the sick in hospitals shall be provided under regulations approved by the Secretary.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9561(a) 9561(b) |
10:724. 10:716b. 10:725. |
Feb. 2, 1901, ch. 192 §40, |
| 9561(c) | 10:726. | R.S. 1293, July 16, 1892, ch. 195 (last 15 words before proviso under "Subsistence of the Army"), |
| Mar. 2, 1907, ch. 2511 (1st proviso under "Subsistence Department"), R.S. 1175. |
In subsection (a), the words "the components, and the quantities thereof" are substituted for the words "the kinds and quantities of the component articles". The words "substitutive" and "a due regard" are omitted as surplusage.
In subsection (b), the words "on active duty" are inserted for clarity. The words "under such regulations as may be prescribed by the Secretary of the Army", in 10:725, are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The words "or reserve", "prescribed for use on emergent occasions", and "furnished", in 10:725, are omitted as surplusage.
In subsection (c), the words "as the Surgeon General" are omitted, since the Air Force does not have the statutory office of Surgeon General, and functions which, for the Army, are assigned by statute to subordinate officers of the Army are, for the Air Force, assigned to the Secretary of the Air Force. The words "Such quantities of" and "may be allowed" are omitted as surplusage.
Editorial Notes
Amendments
2021—Subsec. (a).
Subsec. (b).
Executive Documents
Delegation of Authority
Authority of President under subsec. (a) of this section to prescribe uniform military ration applicable to Air Force delegated to Secretary of Defense by section 3(a) of Ex. Ord. No. 12781, Nov. 20, 1991, 56 F.R. 59203, set out as a note under
§9562. Clothing
The President may prescribe the quantity and kind of clothing to be issued annually to members of the Air Force and members of the Space Force.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9562 | 10:831. | R.S. 1296 (less 1st 9 words). |
The words "members of the Air Force" are substituted for the words "troops of the United States".
Editorial Notes
Amendments
2021—
§9563. Clothing: replacement when destroyed to prevent contagion
The Secretary of the Air Force may order a gratuitous issue of clothing to any enlisted member of the Air Force or the Space Force who has had a contagious disease, and to any hospital attendant who attended him while he had that disease, to replace clothing destroyed by order of a medical officer to prevent contagion.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9563 | 10:834 | R.S. 1298. |
The words "enlisted member" are substituted for the word "soldiers". The words "any articles of their" are omitted as surplusage. The words "while he had that disease" are inserted for clarity. The words "a medical officer" are substituted for the words "proper medical officers". The words "on the recommendation of the Surgeon General" are omitted, since the Air Force does not have the statutory office of Surgeon General, and functions which, for the Army, are assigned by statute to subordinate officers of the Army are, for the Air Force, assigned to the Secretary of the Air Force.
Editorial Notes
Amendments
2021—
§9564. Navy and Marine Corps: camp equipment and transportation; when on shore duty with Air Force
While any detachment of the Navy or Marine Corps is on shore duty in cooperation with troops of the Air Force, the Secretary of the Air Force shall, upon the requisition of the officer of the Navy or Marine Corps in command of the detachment, issue rations and camp equipment, and furnish transportation, to that detachment.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9564 | 10:1259d. 10:1259e. 34:541. |
R.S. 1143; June 28, 1950, ch. 383, §402(a), |
| R.S. 1135; June 28, 1950, ch. 383, §402(a), |
The words "While * * * on shore duty" are substituted for the words "under orders to act on shore", in 10:1259d and 1259e, and 34:541. The words "the Secretary of the Air Force" are substituted for the words "the branch, office, or officers of the Army, the Secretary of the Army may from time to time designate", in 10:1259d and 1259e, and 34:541, since the functions which, for the Army, are assigned by statute to subordinate officers of the Army, are, for the Air Force, assigned to the Secretary of the Air Force. The words "during the time such detachment is so acting or proceeding to act", in 10:1259d and 1259e, and 34:541, are omitted as surplusage. The words "their baggage, provisions, and cannon", in 10:1259e and 34:541, are omitted as surplusage. The words "and shall furnish the naval officer commanding any such detachment, and his necessary aides, with horses, accouterments, and forage", in 10:1259e and 34:541, are omitted as obsolete.
§9565. Colors, standards, and guidons of demobilized organizations: disposition
(a) The Secretary of the Air Force may dispose of colors, standards, and guidons of demobilized organizations of the Air Force or the Space Force, as follows:
(1) Those brought into Federal service by the Air National Guard of a State may be returned to that State upon the request of its governor.
(2) Those that cannot be returned under clause (1) may, upon the request of its governor, be sent to the State that, as determined by the Secretary, furnished the majority of members of the organization when it was formed.
Those that cannot be returned or sent under clause (1) or (2) of this subsection shall be delivered to the Secretary, for such national use as he may direct.
(b) Title to colors, standards, and guidons of demobilized organizations of the Air Force or the Space Force remains in the United States.
(c) No color, standard, or guidon may be disposed of under this section unless provision satisfactory to the Secretary has been made for its preservation and care.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9565(a) | 5:202 (less 3d and last sentences). | Mar. 4, 1921, ch. 166, §2, |
| 9565(b) | 5:202 (3d sentence). | |
| 9565(c) | 5:202 (last sentence). |
In subsection (a), the words "Any which were used during their service by such organizations and" are omitted as surplusage. The first 15 words of the last sentence are substituted for 5:202 (1st 45 words of 2d sentence). The words "the Quartermaster General" are omitted, since the functions which, for the Army, are assigned by statute to subordinate officers of the Army, are, for the Air Force, assigned to the Secretary of the Air Force.
Editorial Notes
Amendments
2021—Subsec. (a).
Subsec. (b).
CHAPTER 967 —UTILITIES AND SERVICES
Editorial Notes
Amendments
2021—
2018—
2000—
§9591. Utilities: proceeds from overseas operations
During actual or threatened hostilities, proceeds from operating a public utility in connection with operations of the Air Force or the Space Force in the field overseas are available for that utility until the close of the fiscal year following that in which they are received.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9591 | 10:1287. | July 9, 1918, ch. 143, subch. XX (1st par.), |
The words "Air Force" are substituted for the word "Engineer", since the Air Force does not have organic corps created by statute.
Editorial Notes
Amendments
2021—
§9592. Radiograms and telegrams: forwarding charges due connecting commercial facilities
In the operation of telegraph lines, cables, or radio stations, members of the Air Force may, in the discretion of the Secretary of the Air Force, collect forwarding charges due connecting commercial telegraph or radio companies for sending radiograms or telegrams over their lines. Under such regulations as the Secretary may prescribe, they may present a voucher to a disbursing official for payment of the forwarding charge.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9592 | 10:1319. | May 12, 1917, ch. 12 (proviso under "Washington-Alaska Military Cable and Telegraph System"), |
The words "members of the Air Force" are substituted for the words "Signal Corps", since the Air Force does not have organic corps created by statute. The words "Government", "and to this end", "as may be", and "amount of such" are omitted as surplusage.
Editorial Notes
Amendments
1996—
1982—
§9593. Quarters: heat and light
The heat and light necessary for the authorized quarters of members of the Air Force and members of the Space Force shall be furnished at the expense of the United States.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9593 | 10:723. | Mar. 2, 1907, ch. 2511 (1st proviso under "Quartermaster's Department"), |
The word "members" is substituted for the words "officers and enlisted men". The words "under such regulations as the Secretary of the Army may prescribe" are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions.
Editorial Notes
Amendments
2021—
Statutory Notes and Related Subsidiaries
Charges for Excess Energy Consumption; Deposit of Proceeds; Applicability; Implementation
Assessment of members for excess energy consumption in military family housing facilities, see section 507 of
§9594. Department of the Air Force Military History Institute: fee for providing historical information to the public
(a)
(b)
(1) to a person for information that the person requests to carry out a duty as a member of the armed forces or an officer or employee of the United States; or
(2) for a release of information under
(c)
(d)
(e)
(1) The term "United States Department of the Air Force Military History Institute" means the archive for historical records and materials of the Air Force and the Space Force that the Secretary of the Air Force designates as the primary archive for such records and materials.
(2) The terms "officer of the United States" and "employee of the United States" have the meanings given the terms "officer" and "employee", respectively, in sections 2104 and 2105, respectively, of title 5.
(Added
Editorial Notes
Amendments
2021—
Subsecs. (a), (d).
Subsec. (e)(1).
CHAPTER 969 —SALE OF SERVICEABLE MATERIAL
Editorial Notes
Amendments
2021—
2018—
2008—
1998—
1990—
1980—
§9621. Subsistence and other supplies: members of armed forces; veterans; executive or military departments and employees; prices
(a) The Secretary of the Air Force shall procure and sell, for cash or credit—
(1) articles designated by him, to members of the Air Force and members of the Space Force; and
(2) items of individual clothing and equipment, to officers of the Air Force and officers of the Space Force, under such restrictions as the Secretary may prescribe.
An account of sales on credit shall be kept and the amount due reported to the Secretary. Except for articles and items acquired through the use of working capital funds under
(b) The Secretary shall sell subsistence supplies to members of other armed forces at the prices at which like property is sold to members of the Air Force or the Space Force.
(c) The Secretary may sell serviceable quartermaster property, other than subsistence supplies, to an officer of another armed force for his use in the service, in the same manner as these articles are sold to an officer of the Air Force or the Space Force.
(d) A person who has been discharged honorably or under honorable conditions from the Army, Navy, Air Force, Marine Corps, or Space Force and who is receiving care and medical treatment from the Public Health Service or the Department of Veterans Affairs may buy subsistence supplies and other supplies, except articles of uniform, at the prices at which like property is sold to a member of the Air Force.
(e) Under such conditions as the Secretary may prescribe, exterior articles of uniform may be sold to a person who has been discharged from the Air Force or the Space Force honorably or under honorable conditions, at the prices at which like articles are sold to members of the Air Force or the Space Force, respectively. This subsection does not modify
(f) Whenever, under regulations to be prescribed by the Secretary, subsistence supplies are furnished to any organization of the Air Force or the Space Force or sold to employees of any executive department other than the Department of Defense, payment shall be made in cash or by commercial credit.
(g) The Secretary may, by regulation, provide for the procurement and sale of stores designated by him to such civilian officers and employees of the United States, and such other persons, as he considers proper—
(1) at military installations outside the United States; and
(2) at military installations inside the United States where he determines that it is impracticable for those civilian officers, employees, and persons to obtain those stores from private agencies without impairing the efficient operation of military activities.
However, sales to those officers and employees inside the United States may be made only to those residing within military installations.
(h) Appropriations for subsistence of the Air Force or the Space Force may be applied to the purchase of subsistence supplies for sale to members of the Air Force or members of the Space Force on active duty for the use of themselves and their families.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9621(a) | 10:904. 10:1231. 10:1237. 32:156. |
Aug. 31, 1918, ch. 166, §9 (less 17th through 22d words), |
| 9621(b) 9621(c) 9621(d) 9621(e) 9621(f) 9621(g) 9621(h) 9621(i) |
10:1238. 10:1233. 10:1234. 34:539. 10:1235. 10:1395 (less last sentence). 10:1253. 10:1241. 10:1196. |
R.S. 1144; June 28, 1950, ch. 383, §402(a), June 3, 1916, ch. 134, §109; restated June 4, 1920, ch. 227, subch. I, §47; restated June 3, 1924, ch. 244, §3; restated Oct. 14, 1940, ch. 875, §3, |
| June 30, 1942, ch. 253, title I (last proviso under "Clothing and Equipage"), |
||
| July 5, 1884, ch. 217 (proviso under "Subsistence of the Army"), |
||
| Aug. 29, 1916, ch. 418 (words before semicolon of 3d proviso under "Subsistence of the Army"), |
||
| Mar. 4, 1915, ch. 143 (last proviso under "Clothing, and Camp and Garrison Equipage"), |
||
| June 5, 1920, ch. 240 (par. under "Purchase of Army Stores by Discharged Receiving Treatment from the Public Health Service"), |
||
| Feb. 14, 1927, ch. 134 (less last sentence), |
||
| Mar. 3, 1911, ch. 209 (last par. under "Subsistence Department"), |
||
| Aug. 8, 1953, ch. 390, §1, |
||
| Mar. 3, 1875, ch. 131 (proviso of 1st sentence of 1st par. under "War Department"), |
In subsection (a), the word "members" is substituted for the words "officers and enlisted men", in 10:1237. Clause (2) is substituted for 10:904. Reference to the Secretary of the Air Force is substituted for reference to branch, office, or officers of the Army, in 10:1237, since the functions which, for the Army are assigned to subordinate officers, are, for the Air Force assigned to the Secretary of the Air Force. 32:156 is omitted as covered by 10:904, since the words "officers of the Air Force" necessarily cover all persons named in 32:156. The words "Except for articles and items acquired through the use of working capital funds under
In subsection (b), the first sentence states expressly the rule which is implicit in 10:1238. The word "members" is substituted for the words "officers and enlisted men". The words "shall be understood, in all cases of such sales" are omitted as surplusage. The last sentence is inserted to reflect Title IV of the National Security Act of 1947, as amended (
In subsection (c), the word "members" is substituted for the words "officers and enlisted men". The words "prices at which like property is sold to" are substituted for the words "same price as is charged the".
In subsections (c) and (d), the words "other armed forces" are substituted for the words "Navy and Marine Corps", since such sales are authorized to members of the Coast Guard by
In subsection (d), the words "other than subsistence supplies" are inserted, since the sale of subsistence supplies is covered by subsection (c).
In subsection (e), the words "a person who has been discharged" are substituted for the words "discharged officers and enlisted men". The words "Navy * * * or Marine Corps", omitted from the 1952 edition of the United States Code, are inserted to conform to the source statute. The words "may buy" are substituted for the words "shall * * * be permitted to purchase". The words "at the prices at which like property is sold" are substituted for the words "at the same price as charged". The word "member" is substituted for the words "officers and enlisted men". The words "while undergoing such care and treatment" are omitted as surplusage.
In subsection (f), the words "person who has been discharged" are substituted for the words "former members * * * who have been separated therefrom". The words "at the prices at which like articles are sold to members" are inserted to conform to the last sentence of subsection (a) and subsection (e).
In subsection (g), the words "regulations to be prescribed by the Secretary" are substituted for the words "Army Regulations". The words "of the Government" are omitted as surplusage. 10:1253 (last 22 words of 1st sentence) is omitted as surplusage. The words "or to another executive department of the Government" are omitted as superseded by section 7 of the act of May 21, 1920, ch. 194, as amended (
In subsection (h), the word "outside" is substituted for the words "beyond the continental limitations". The words "or in Alaska" are omitted, since, under
In subsection (i), 10:1196 (last 30 words) is omitted as superseded by the Act of April 27, 1914, ch. 72 (last proviso under "Subsistence of the Army"),
1962 Act
The change corrects an internal reference.
Editorial Notes
Amendments
2021—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (h).
1996—Subsec. (b).
Subsec. (f).
1989—Subsec. (d).
1987—Subsecs. (b) to (i).
1981—Subsec. (f).
1980—Subsec. (f).
1962—Subsecs. (a), (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
§9622. Rations: commissioned officers in field
Commissioned officers of the Air Force and commissioned officers of the Space Force serving in the field may buy rations for their own use, on credit. Amounts due for these purchases shall be reported monthly to the Secretary of the Air Force.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9622 | 10:1232. | R.S. 1145. |
The words "at cost prices" are omitted to reflect Title IV of the National Security Act of 1947, as amended (
Editorial Notes
Amendments
2021—
[§9623. Repealed. Pub. L. 105–261, div. A, title III, §366(a), Oct. 17, 1998, 112 Stat. 1987 ]
Section, act Aug. 10, 1956, ch. 1041,
§9624. Medical supplies: civilian employees of the Air Force; American National Red Cross; Armed Forces Retirement Home
(a) Under regulations to be prescribed by the Secretary of the Air Force, a civilian employee of the Department of the Air Force who is stationed at an Air Force or Space Force military installation may buy necessary medical supplies from the Department of the Air Force when they are prescribed by a medical officer on active duty.
(b) The Secretary may sell medical supplies to the American National Red Cross for cash.
(c) The Secretary may sell medical and hospital supplies to the Armed Forces Retirement Home.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9624(a) 9624(b) 9624(c) |
10:1236. 10:1254. 24:58. |
Apr. 23, 1904, ch. 1485 (last proviso under "Medical Department"), |
| Mar. 4, 1915, ch. 143 (2d proviso under "Medical Department"), |
||
| June 4, 1897, ch. 2 (par. under "Soldiers' Home, District of Columbia"), |
In subsection (a), the words "on active duty" are inserted for clarity.
In subsection (b), the words "rates of charge", "to cover the cost of purchase, inspection, and so forth", and "as can be spared without detriment to the military service" are omitted as surplusage. The words "the contract prices paid therefor" are omitted to reflect Title IV of the National Security Act of 1947, as amended (
In subsections (b) and (c), the words "The Secretary" are substituted for the words "Medical Department of the Army", since the functions which, for the Army, are assigned by statute to subordinate organizational units of the Army, are, for the Air Force, assigned to the Secretary of the Air Force.
In subsection (c), the words "in the District of Columbia" are omitted as surplusage, since there is only one Soldiers' Home. The words "Upon proper application therefor" are omitted as surplusage. The words "its contract prices" are omitted to reflect Title IV of the National Security Act of 1947, as amended (
Editorial Notes
Amendments
2021—Subsec. (a).
1990—
Subsec. (c).
1980—
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
§9625. Ordnance property: officers of the armed forces; civilian employees of the Department of the Air Force; American National Red Cross; educational institutions; homes for veterans' orphans
(a) The Secretary of the Air Force may sell articles of ordnance property to officers of other armed forces for their use in the service, in the same manner as these articles are sold to officers of the Air Force or the Space Force.
(b) Under such regulations as the Secretary may prescribe, ordnance stores may be sold to civilian employees of the Department of the Air Force and to the American National Red Cross.
(c) Articles of ordnance property may be sold to educational institutions and to State soldiers' and sailors' orphans' homes for maintaining the ordnance and ordnance stores issued to those institutions and homes.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9625(a) 9625(b) 9625(c) |
34:540. 50:70. 50:71. 50:63. |
Mar. 3, 1909, ch. 252 (5th par. under "National Trophy and Medals for Rifle Contests"), |
| Mar. 3, 1909, ch. 252 (8th par. under "National Trophy and Medals for Rifle Contests"), |
||
| May 11, 1908, ch. 163 (4th par. under "National Trophy and Medals for Rifle Contests"), |
In subsection (a), the words "Secretary of the Air Force" are substituted for the words "Chief of Ordnance", since the functions which, for the Army, are assigned to subordinate officers of the Army, are, for the Air Force, assigned to the Secretary of the Air Force. The words "other armed forces" are substituted for the words "the Navy and Marine Corps", in 34:540 and 50:70, since those sales may be made to officers of the Coast Guard under
Editorial Notes
Amendments
2021—
Subsec. (a).
Subsec. (b).
§9626. Aircraft supplies and services: foreign military or other state aircraft
(a)
(2) The supplies and services described in this paragraph are supplies and services as follows:
(A) Routine airport services, including landing and takeoff assistance, servicing aircraft with fuel, use of runways, parking and servicing, and loading and unloading of baggage and cargo.
(B) Miscellaneous supplies, including Air Force-owned fuel, provisions, spare parts, and general stores, but not including ammunition.
(b)
(A) if such services are provided by Air Force personnel and equipment without direct cost to the Air Force; or
(B) if such services are provided under an agreement with the foreign country that provides for the reciprocal furnishing by the foreign country of routine airport services, as defined in that agreement, to military and other state aircraft of the United States without reimbursement.
(2) If routine airport services are provided under this section by a working-capital fund activity of the Air Force under
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9626 | 22:259 (less last sentence). | May 31, 1939, ch. 161 (less last sentence), |
The last sentence is substituted for the words "except for shelter for which no charge shall be made". The words "and equipment" are omitted as covered by the word "supplies". 22:259 (last 22 words of 2d sentence) is omitted to reflect Title IV of the National Security Act of 1947, as amended (
Editorial Notes
Amendments
2008—
§9627. Supplies: educational institutions
Under such regulations as the Secretary of the Air Force may prescribe, supplies and military publications procured for the Air Force or the Space Force may be sold to any educational institution to which an officer of the Air Force or the Space Force is detailed as professor of science and tactics, for the use of its military students. Sales under this section shall be for cash.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9627 | 10:1179 (less proviso). | July 17, 1914, ch. 149 (less proviso), |
The words "procured for" are substituted for the words "as are furnished to". The words "stores * * * matériel of war" are omitted as covered by the word "supplies". The words "the price listed to the Army" are omitted to reflect Title IV of the National Security Act of 1947, as amended (
Editorial Notes
Amendments
2021—
§9628. Airplane parts and accessories: civilian flying schools
The Secretary of the Air Force may sell, to civilian flying schools at which personnel of the Department of the Air Force or the Department of the Army are receiving flight training under contracts requiring these schools to maintain and repair airplanes of the Air Force furnished to them for flight training, the spare parts and accessories needed for those repairs.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9628 | 10:298c. | Feb. 12, 1940, ch. 27, Title I (proviso under "Air Corps"), |
The words "under the provisions of the Act of April 3, 1939 (
§9629. Proceeds: disposition
The proceeds of sales of the following shall be paid into the Treasury to the credit of the appropriation out of which they were purchased, and are available for the purposes of that appropriation:
(1) Exterior articles of uniform sold under
(2) Supplies, war material, and military publications sold to educational institutions under
(3) Fuel, oil, other supplies, and services sold under
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9629 | 10:1179 (proviso). 10:1395 (last sentence). 22:259 (last sentence). |
Feb. 14, 1927, ch. 134 (last sentence), |
| July 17, 1914, ch. 149 (proviso), |
||
| May 31, 1939, ch. 161 (last sentence), |
Editorial Notes
Amendments
2008—Par. (3).
CHAPTER 971 —ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES
Editorial Notes
Amendments
2018—
2013—
2009—
2008—
[§9651. Repealed. Pub. L. 112–239, div. A, title V, §552(b), Jan. 2, 2013, 126 Stat. 1741 ]
Section, Aug. 10, 1956, ch. 1041,
§9652. Rifles and ammunition for target practice: educational institutions having corps of cadets
(a) The Secretary of the Air Force may lend, without expense to the United States, magazine rifles and appendages that are not of the existing service models in use at the time, and that are not necessary for a proper reserve supply, to any educational institution having a uniformed corps of cadets of sufficient number for target practice. He may also issue 40 rounds of ball cartridges for each cadet for each range at which target practice is held, but not more than 120 rounds each year for each cadet participating in target practice.
(b) The institutions to which property is lent under subsection (a) shall use it for target practice, take proper care of it, and return it when required.
(c) The Secretary shall prescribe regulations to carry out this section, containing such other requirements as he considers necessary to safeguard the interests of the United States.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9652(a) 9652(b) 9652(c) |
10:1185 (1st par.). 10:1185 (last par., less 1st 22, and last 19, words). 10:1185 (1st 22, and last 19, words of last par.). |
Apr. 27, 1914, ch. 72 (last proviso and last par. under "Manufacture of Arms"), |
In subsection (a), the words, "and carrying on military training" and "the maintenance of" are omitted as surplusage. In clause (2), the words "suitable to said arm" are omitted as surplusage.
In subsection (b), the words "shall use it for target practice" are substituted for the words "insuring the designed use of the property issued". The words "take proper care of it" are substituted for the words "providing against loss to the United States through lack of proper care".
§9653. Ordnance and ordnance stores: District of Columbia high schools
The Secretary of the Air Force, under regulations to be prescribed by him, may issue to the high schools of the District of Columbia ordnance and ordnance stores required for military instruction and practice. The Secretary shall require a bond in double the value of the property issued under this section, for the care and safekeeping of that property and, except for property properly expended, for its return when required.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9653 | 10:1183. | Feb. 5, 1891, J. Res. 9, |
The words "at his discretion and", "belonging to the Government, and which can be spared for that purpose", and "in each case" are omitted as surplusage. The words "high schools of the" are substituted for the words "High School of Washington", since the various high schools of the District of Columbia have succeeded the Washington High School that existed at the time the statute was enacted. The words "except for property properly expended" are inserted for clarity.
§9654. Supplies: military instruction camps
Under such conditions as he may prescribe, the Secretary of the Air Force may issue, to any educational institution at which an Air Force or Space Force officer is detailed as professor of science and tactics, such supplies as are necessary to establish and maintain a camp for the military instruction of its students. The Secretary shall require a bond in the value of the property issued under this section, for the care and safekeeping of that property and, except for property properly expended, for its return when required.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9654 | 10:1182. | May 18, 1916, ch. 124, |
The words "at his discretion and" and "belonging to the Government, and which can be spared for that purpose, as may appear to be" are omitted as surplusage. The words "except for property properly expended" are inserted for clarity. The word "stores" is omitted as covered by the word "supplies".
Editorial Notes
Amendments
2021—
§9655. Arms and ammunition: agencies and departments of United States
(a) Whenever required for the protection of public money and property, the Secretary of the Air Force may lend arms and their accouterments, and issue ammunition, to a department or independent agency of the United States, upon request of its head. Property lent or issued under this subsection may be delivered to an officer of the department or agency designated by the head thereof, and that officer shall account for the property to the Secretary of the Air Force. Property lent or issued under this subsection and not properly expended shall be returned when it is no longer needed.
(b) The department or agency to which property is lent or issued under subsection (a) shall transfer funds to the credit of the Department of the Air Force to cover the costs of—
(1) ammunition issued;
(2) replacing arms and accouterments that have been lost or destroyed or cannot be repaired;
(3) repairing arms and accouterments returned to the Department of the Air Force; and
(4) making and receiving shipments by the Department of the Air Force.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9655(a) 9655(b) |
50:61 (less proviso). 50:61 (proviso). |
Mar. 3, 1879, ch. 183 (2d par. under "Miscellaneous"); restated Apr. 14, 1937, ch. 79, |
In subsection (a), the word "lend" is substituted for the word "issue", with respect to arms and accouterments, since the property must be returned when the necessity for its use has expired. The words "and not properly expended" are inserted for clarity. The words "United States" are substituted for the word "Government". The word "their" is substituted for the words "suitable * * * for use therewith". The words "it is no longer needed" are substituted for the words "the necessity for their use has expired".
In subsection (b), the words "hereafter", "borrowed", and "under the authority of this section" are omitted as surplusage.
§9656. Aircraft and equipment: civilian aviation schools
The Secretary of the Air Force, under regulations to be prescribed by him, may lend aircraft, aircraft parts, and aeronautical equipment and accessories that are required for instruction, training, and maintenance, to accredited civilian aviation schools at which personnel of the Department of the Air Force or the Department of the Army are pursuing a course of instruction and training under detail by competent orders.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9656 | 10:298b. | Apr. 3, 1939, ch. 35, §4, |
The words "in his discretion and", "rules", "limitations", and "on hand and belonging to the Government such articles as may appear to be" are omitted as surplusage. The words "Department of the Air Force or the Department of the Army" are substituted for the words "Military Establishment", since the authority is reciprocal.
1982 Act
In 10:9656, the words ", and at least one of which is designated by the Civil Aeronautics Authority for the training of Negro air pilots" are stricken as obsolete.
Editorial Notes
Amendments
1982—
CHAPTER 973 —DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL
Editorial Notes
Amendments
2018—
2016—
[§9681. Repealed. Pub. L. 114–328, div. A, title XII, §1253(a)(1)(D), Dec. 23, 2016, 130 Stat. 2532 ]
Section, act Aug. 10, 1956, ch. 1041,
§9682. Obsolete or excess material: sale to National Council of Boy Scouts of America
Subject to regulations under
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9682 | 10:1259. | May 15, 1937, ch. 193, |
The words "obsolete or excess material" are substituted for the words "such obsolete material as may not be needed by the Department of the Army, and such other material as may be spared" to conform to the Federal Property and Administrative Services Act of 1949, as amended (
Editorial Notes
Amendments
2002—
1980—
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
§9684. Surplus obsolete ordnance: sale to patriotic organizations
Subject to regulations under
(1) surplus obsolete small arms and ammunition and equipment for them, to any patriotic organization for military purposes; and
(2) surplus obsolete brass or bronze cannons, carriages, and cannon balls, for public parks, public buildings, and soldiers' monuments.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9684 | 50:64. 50:68. |
May 28, 1908, ch. 215, §14, |
| Mar. 4, 1909, ch. 319, §47, |
50:64 (proviso) and 50:68 (proviso) are omitted as surplusage.
The words "the Chief of Ordnance" are omitted, since the functions which, for the Army, are assigned by statute to subordinate officers of the Army, are, for the Air Force, assigned to the Secretary of the Air Force.
Editorial Notes
Amendments
2002—
1980—
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
§9685. Obsolete ordnance: loan to educational institutions and State soldiers' and sailors' orphans' homes
(a) Upon the recommendation of the Governor of the State concerned or Guam or the Virgin Islands, the Secretary of the Air Force, 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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9685(a) | 50:62a (1st par. and proviso of last par.). | June 30, 1906, ch. 3938, |
| 9685(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.
Editorial Notes
Amendments
2006—Subsec. (a).
§9686. Obsolete ordnance: gift to State homes for soldiers and sailors
Subject to regulations under
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9686 | 50:66. | Feb. 8, 1889, ch. 116, |
| Mar. 3, 1899, ch. 423 (1st proviso under "Ordnance Department"), |
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,
Editorial Notes
Amendments
2002—
1980—
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
CHAPTER 975 —DISPOSITION OF EFFECTS OF DECEASED PERSONS
Editorial Notes
Amendments
2018—
1999—
1990—
1980—
[§9711. Repealed. Pub. L. 106–65, div. A, title VII, §721(b), Oct. 5, 1999, 113 Stat. 694 ]
Section, Aug. 10, 1956, ch. 1041,
§9712. Disposition of effects of deceased persons by summary court-martial
(a) Upon the death of—
(1) a person subject to military law at a place or command under the jurisdiction of the Air Force or the Space Force; or
(2) a resident of the Armed Forces Retirement Home who dies in an Air Force hospital outside the District of Columbia when sent from the Home to that hospital for treatment;
the commanding officer of the place or command shall permit the legal representative or the surviving spouse of the deceased, if present, to take possession of the effects of the deceased that are then at the air base or in quarters.
(b) If there is no legal representative or surviving spouse present, the commanding officer shall direct a summary court-martial to collect the effects of the deceased that are then at the air base or in quarters.
(c) The summary court-martial may collect debts due the decedent's estate by local debtors, pay undisputed local creditors of the deceased to the extent permitted by money of the deceased in the court's possession, and shall take receipts for those payments, to be filed with the court's final report to the Department of the Air Force.
(d) As soon as practicable after the collection of the effects and money of the deceased, the summary court-martial shall send them at the expense of the United States to the living person highest on the following list who can be found by the court:
(1) The surviving spouse or legal representative.
(2) A child of the deceased.
(3) A parent of the deceased.
(4) A brother or sister of the deceased.
(5) The next-of-kin of the deceased.
(6) A beneficiary named in the will of the deceased.
(e) If the summary court-martial cannot dispose of the effects under subsection (d) because there are no persons in those categories or because the court finds that the addresses of the persons are not known or readily ascertainable, the court may convert the effects of the deceased, except sabers, insignia, decorations, medals, watches, trinkets, manuscripts, and other articles valuable chiefly as keepsakes, into cash, by public or private sale, but not until 30 days after the date of death of the deceased.
(f) As soon as practicable after the effects have been converted into cash under subsection (e), the summary court-martial shall deposit all cash in the court's possession and belonging to the estate with the officer designated in regulations, and shall send a receipt therefor, together with any will or other papers of value, an inventory of the effects and articles not permitted to be sold, to the executive part of the Department of the Air Force. The Secretary of the Air Force shall deliver to the Armed Forces Retirement Home all items received by the executive part of the Department of the Air Force under this subsection.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9712(a) 9712(b) |
5:150j (words before 1st semicolon of 1st par.; and last par.). 5:150j (22 words after 1st semicolon of 1st par.). |
June 4, 1920, ch. 227, subch. II, §1 (Art. 112), |
| 9712(c) | 5:150j (words between 1st and 2d semicolons of 1st par., less 1st 22 words). | |
| 9712(d) | 5:150j (words between 2d and 3d semicolons of 1st par.). | |
| 9712(e) | 5:150j (words between 3d and 4th semicolons of 1st par.). | |
| 9712(f) | 5:150j (1st par., less words before 4th semicolon, and less last 40 words). | |
| 9712(g) | 5:150j (last 40 words of 1st par.). |
In subsection (a), the words "the court-martial jurisdiction of the Air Force or the Army at a place or command under the jurisdiction of the Air Force" are substituted for the words "military law", to reflect the creation of a separate Air Force. Clause (2) is substituted for 5:150j (last par.).
In subsections (a), (b), and (c), the words "surviving spouse" are substituted for the word "widow".
In subsection (c), the word "may" is substituted for the words "shall have authority to". The words "to the extent permitted" are substituted for the words "in so far as * * * will permit". The words "under this article" and "upon its transactions" are omitted as surplusage.
In subsection (d), the words "through the Quartermaster Corps" are omitted, since the Air Force does not have organic corps created by statute. The words "if such be found by said court" are omitted as surplusage. The words "United States" are substituted for the word "Government". 5:150j (19 words before 3d semicolon of 1st par.) is omitted as covered by subsection (g).
In subsection (e), the first 37 words are substituted for 5:150j (33 words after 3d semicolon of 1st par.). The word "may" is substituted for the word "shall have the authority".
In subsection (f), the words "Soldiers' Home" are inserted, since, as provided in
Editorial Notes
Amendments
2021—Subsec. (a)(1).
1996—Subsec. (g).
1990—Subsec. (a)(2).
Subsec. (f).
1985—Subsec. (d).
"(1) Surviving spouse or legal representative.
"(2) Son.
"(3) Daughter.
"(4) Father, if he has not abandoned the support of his family.
"(5) Mother.
"(6) Brother.
"(7) Sister.
"(8) Next of kin.
"(9) Beneficiary named in the will of the deceased."
1980—Subsecs. (a)(2), (f).
1966—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
[§9713. Repealed. Pub. L. 101–510, div. A, title XV, §1533(a)(10)(A), Nov. 5, 1990, 104 Stat. 1735 ]
Section, acts Aug. 10, 1956, ch. 1041,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective one year after Nov. 5, 1990, see section 1541 of
CHAPTER 977 —TRANSPORTATION
Editorial Notes
Amendments
2018—
2004—
1996—
1962—
[§9741. Repealed. Pub. L. 108–375, div. A, title X, §1072(c), Oct. 28, 2004, 118 Stat. 2058 ]
Section, act Aug. 10, 1956, ch. 1041,
[§9742. Repealed. Pub. L. 104–201, div. A, title IX, §906(c), Sept. 23, 1996, 110 Stat. 2620 ]
Section, act Aug. 10, 1956, ch. 1041,
[§9743. Repealed. Pub. L. 108–375, div. A, title X, §1072(c), Oct. 28, 2004, 118 Stat. 2058 ]
Section, act Aug. 10, 1956, ch. 1041,
[§9746. Repealed. Pub. L. 108–375, div. A, title X, §1072(c), Oct. 28, 2004, 118 Stat. 2058 ]
Section, acts Aug. 10, 1956, ch. 1041,
[§9748. Repealed. Pub. L. 87–651, title I, §129(1), Sept. 7, 1962, 76 Stat. 514 ]
Section, act Aug. 10, 1956, ch. 1041,
CHAPTER 979 —REAL PROPERTY
Editorial Notes
Amendments
2021—
2018—
2000—
1997—
1987—
1982—
1980—
1973—
1971—
1958—
Statutory Notes and Related Subsidiaries
Pilot Program To Augment Sustainment With Maintenance Cost Reimbursements From Major Range and Test Facility Base Users at Installations of the Department of the Air Force
"(a)
"(b)
"(c)
"(1)
"(2)
"(A)
"(B)
"(3)
"(d)
"(1)
"(2)
"(e)
"(f)
§9771. Acceptance of donations: land for mobilization, training, supply base, aviation field, or space mission-related facility
The Secretary of the Air Force may accept for the United States a gift of—
(1) land that he considers suitable and desirable for a permanent mobilization, training, or supply base; and
(2) land that he considers suitable and desirable for an aviation field or space mission-related facility, if the gift is from a citizen of the United States and its terms authorize the use of the property by the United States for any purpose.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9771 | 10:1342. 10:1344. |
Aug. 29, 1916, ch. 418 (6th and 8th pars. under "Office of the Chief Signal Officer"), |
10:1344 (last 40 words) is omitted as executed. The words "tract or tracts", in 10:1342 and 1344, are omitted as surplusage. The words "and remount station", in 10:1342, are omitted, since the property and civilian personnel of the Remount Service of the Quartermaster Corps were transferred to the Department of Agriculture by the Act of April 21, 1948, ch. 224,
Editorial Notes
Amendments
2021—
Par. (2).
[§9772. Repealed. Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792 ]
Section, act Aug. 10, 1956, ch. 1041,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Savings Provision
Repeal by
§9773. Acquisition and construction: installations and depots
(a) The Secretary of the Air Force shall determine the sites of such additional permanent Air Force and Space Force military installations and depots in all strategic areas of the United States and the Commonwealths, possessions, and holdings as he considers necessary. He shall determine when the enlargement of existing installations and depots is necessary for the effective peacetime training of the Air Force or the Space Force.
(b) In determining the sites of new installations and depots, the Secretary shall consider the following regions for the purposes indicated—
(1) the Atlantic northeast, for training in cold weather and in fog;
(2) the Atlantic southeast and Caribbean areas, for training in long-range operations, especially those incident to reinforcing the defenses of the Panama Canal;
(3) the southeastern United States, to provide a depot necessary to maintain the Air Force;
(4) the Pacific northwest, to establish and maintain air communication with Alaska;
(5) Alaska, for training under conditions of extreme cold;
(6) the Rocky Mountain area, to provide a depot necessary to maintain the Air Force, and for training in operations from fields in high altitudes; and
(7) other regions, for the establishment of intermediate installations to provide for transcontinental movements of the Air Force or Space Force for maneuvers.
(c) In selecting sites for installations and depots covered by this section and in determining the alteration or enlargement of existing installations or depots, the Secretary shall consider the need—
(1) to form the nucleus for concentration of Air Force or Space Force units in time of war;
(2) to permit, in time of peace, training and effective planning in each strategic area for the use and expansion of commercial, municipal, and private flying installations in time of war;
(3) to locate, in each strategic area in which it is considered necessary, adequate storage facilities for munitions and other articles necessary to facilitate the movement, concentration, maintenance, and operation of the Air Force or the Space Force; and
(4) to afford the maximum warning against surprise attack by enemy aircraft upon aviation of the United States and its necessary installations consistent with maintaining, in connection with existing or contemplated landing fields, the full power of the Air Force or the Space Force for operations necessary in the defense of the United States, and in the defense and reinforcement of the Commonwealths, possessions, and holdings.
(d) In carrying out this section, the Secretary, on behalf of the United States, may acquire title, in fee simple and free of encumbrance, to any land that he considers necessary—
(1) by accepting title without cost to the United States;
(2) by exchanging military reservations or parts thereof for that land, upon the written approval of the President; or
(3) by purchase or condemnation, if acquisition by gift or exchange is impracticable.
(e) The Secretary may, by purchase, gift, lease, or otherwise, acquire at desired locations bombing and machine gun ranges necessary for practice by, and the training of, tactical units.
(f) At each installation or depot established under this section, the Secretary shall remove or remodel existing structures as necessary; do necessary grading; and provide buildings, utilities, communication systems, landing fields and mats, roads, walks, aprons, docks, runways, facilities for the storage and distribution of ammunition, fuel, oil, necessary protection against bombs, and all appurtenances to the foregoing.
(g) The Secretary may direct the transportation of personnel, and the purchase, renovation, and transportation of material, that he considers necessary to carry out this section.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9773(a) 9773(b) |
10:1343a (1st sentence). 10:1343a (2d sentence). |
Aug. 12, 1935, ch. 511, §§1–3, |
| 9773(c) | 10:1343a (less 1st and 2d sentences). | |
| 9773(d) | 10:1343b. | |
| 9773(e) | 10:1343c (last sentence). | |
| 9773(f) | 10:1343c (1st sentence). | |
| 9773(g) | 10:1343c (2d sentence). |
In subsection (a), the word "shall" is substituted for the words "is authorized and directed to". The words "Territories, Commonwealths," are substituted for the word "Alaska" to make it clear that the section covers all territory of the United States. The words "Air Force" are substituted for the words "General Headquarters Air Force and the Air Corps components of our overseas garrisons".
In subsection (b), the words "to provide", "to permit", "in addition", and "incident to the concentration of" are omitted as surplusage.
In subsection (c), the introductory clause is substituted for 10:1343a (1st 41 words of 3d sentence). The words "to locate" are substituted for the words "there shall be provided". The words "aviation of the United States" are substituted for the words "our own aviation". The words, "Territories, Commonwealths," are inserted to conform to subsection (a). The words "The stations shall be suitably located", "of the set-up", "by responsible personnel", "there shall be provided", "General Headquarters", "in peace and war", "such close and distant * * * over land and sea", and "The stations and depots shall be located with a view", and 10:1343a (4th clause of 3d sentence) are omitted as surplusage.
In subsection (d), clause (3) is substituted for 10: 1343b (last 26 words). 10:1043b (24 words before 1st proviso) is omitted as surplusage.
In subsection (f), the word "shall" is substituted for the words "is further authorized and directed to". The word "provide" is substituted for the words "construct, install, and equip, or complete the construction, installation, and equipment". The words "technical buildings and utilities" are omitted as covered by the words "buildings" and "utilities". The words "sewer, water, power, station and aerodrome lighting" are omitted as covered by the word "utilities". The words "communication systems" are substituted for the words "telephone and signal communications". The words "appurtenances to the foregoing" are substituted for the words "other essentials".
Editorial Notes
Amendments
2021—
Subsec. (a).
Subsec. (b).
Subsec. (b)(7).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(3), (4).
Subsec. (f).
2006—Subsecs. (a), (c)(4).
[§9774. Repealed. Pub. L. 97–214, §7(1), July 12, 1982, 96 Stat. 173 ]
Section, acts Aug. 10, 1956, ch. 1041,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of
[§9775. Repealed. Pub. L. 92–145, title V, §509(b), Oct. 27, 1971, 85 Stat. 408 ]
Section, act Aug. 10, 1956, ch. 1041,
§9776. Emergency construction: fortifications
If in an emergency the President considers it urgent, a temporary installation or fortification may be built on private land if the owner consents in writing.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9776 | 50:178. | Apr. 11, 1898, J. Res. 21, |
The word "important" is omitted as covered by the word "urgent". The words "upon which such work is to be placed" are omitted as surplusage.
Editorial Notes
Amendments
2021—
1970—
§9777. Permits: military reservations; landing ferries, erecting bridges, driving livestock
Whenever the Secretary of the Air Force considers that it can be done without injury to the reservation or inconvenience to the military forces stationed there, he may permit—
(1) the landing of ferries at a military reservation;
(2) the erection of bridges on a military reservation; and
(3) the driving of livestock across a military reservation.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9777 | 10:1348. | July 5, 1884, ch. 214, §6, |
The words "may permit" are substituted for the words "shall have authority, in his discretion, to permit". The words "to permit the extension of State, county, and Territorial roads across military reservations" are omitted as superseded by
§9778. Licenses: military reservations; erection and use of buildings; Young Men's Christian Association
Under such conditions as he may prescribe, the Secretary of the Air Force may issue a revocable license to the International Committee of Young Men's Christian Associations of North America to erect and maintain, on military reservations within the United States and the Commonwealths and possessions, buildings needed by that organization for the promotion of the social, physical, intellectual, and moral welfare of the members of the Air Force on those reservations.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9778 | 10:1346. | May 31, 1902, ch. 943, |
The words "may issue" are substituted for the words "Authority is given to * * * in his discretion, to grant permission". The words "Under such conditions as he may prescribe" are substituted for the words "under such regulations as the Secretary of the Army may impose". The words "members of the Air Force" are substituted for the word "garrisons". The words "the Territories, Commonwealths, and possessions" are substituted for the words "or its island possessions", for clarity.
Editorial Notes
Amendments
2006—
§9779. Use of public property
(a) When the economy of the Air Force or the Space Force so requires, the Secretary of the Air Force shall establish military headquarters in places where suitable buildings are owned by the United States.
(b) No money appropriated for the support of the Air Force or the Space Force may be spent for base gardens or Air Force exchanges. However, this does not prevent Air Force exchanges from using public buildings or public transportation that, in the opinion of the Secretary, are not needed for other purposes.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9779(a) 9779(b) |
10:1332. 10:1345. |
June 23, 1879, ch. 35, §8, |
| 9779(c) | 10:1335. | Aug. 1, 1914, ch. 223 (2d par. under "Quartermaster Corps"), |
| July 16, 1892, ch. 195 (last proviso under "Quartermaster's Department"), |
In subsection (a), the words "United States" are substituted for the word "Government".
In subsection (b), the words "suitable space" are substituted for the words "proper and suitable room or rooms". The words "there is a" are substituted for the words "have been established".
In subsection (c), the words "the Secretary" are substituted for the words "the Quartermaster General", since the functions which, for the Army, are assigned by statute to subordinate officers of the Army, are, for the Air Force, assigned to the Secretary.
Editorial Notes
Amendments
2021—Subsec. (a).
Subsec. (b).
1986—Subsecs. (b), (c).
§9780. Acquisition of buildings in District of Columbia
(a) In time of war or when war is imminent, the Secretary of the Air Force may acquire by lease any building, or part of a building, in the District of Columbia that may be needed for military purposes.
(b) At any time, the Secretary may, for the purposes of the Department of the Air Force, requisition the use and take possession of any building or space in any building, and its appurtenances, in the District of Columbia, other than—
(1) a dwelling house occupied as such;
(2) a building occupied by any other agency of the United States; or
(3) space in such a dwelling house or building.
The Secretary shall determine, and pay out of funds appropriated for the payment of rent by the Department of the Air Force, just compensation for that use. If the amount of the compensation is not satisfactory to the person entitled to it, the Secretary shall pay 75 percent of it to that person, and the claimant is entitled to recover by action against the United States an additional amount that, when added to the amount paid by the Secretary, is determined by the court to be just compensation for that use.
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9780(a) 9780(b) |
40:37. 40:41. |
July 9, 1918, ch. 143 (3d proviso under "Barracks and Quarters"), |
| July 8, 1918, ch. 139 (2d par. under "War Department"), |
In subsection (a), the words "may acquire by lease" are substituted for the words "is authorized, in his discretion, to rent or lease". The word "needed" is substituted for the word "required".
In subsection (b), the words "At any time" are inserted for clarity. The word "may" is substituted for the words "is authorized". The word "agency" is substituted for the word "branch". Clause (3) is inserted for clarity. The word "determine" is substituted for the word "ascertain". The words "out of funds appropriated for the payment of rent by" are substituted for the words "within the limits of the appropriations for rent made by any act making appropriations for". The word "is" is substituted for the word "be". The words "so ascertained" and "in the manner provided by
§9781. Disposition of real property at missile sites
(a)(1) The Administrator of General Services shall dispose of the interest of the United States in any tract of real property described in paragraph (2) or in any easement held in connection with any such tract of real property only as provided in this section.
(2) The real property referred to in paragraph (1) is any tract of land (including improvements thereon) owned by the Department of the Air Force that—
(A) is not required for the needs of the Department of the Air Force and the discharge of the responsibilities of the Department of the Air Force, as determined by the Secretary of the Air Force;
(B) does not exceed 25 acres;
(C) was used by the Department of the Air Force as a site for one or more missile launch facilities, missile launch control buildings, or other facilities to support missile launch operations; and
(D) is surrounded by lands that are adjacent to such tract and that—
(i) are owned in fee simple by one owner, either individually or by more than one person jointly, in common, or by the entirety; or
(ii) are owned separately by two or more owners.
(b)(1)(A) Whenever the interest of the United States in a tract of real property or easement referred to in subsection (a) is available for disposition under this section, the Administrator shall transmit a notice of the availability of the real property or easement to each person described in subsection (a)(2)(D)(i) who owns lands adjacent to that real property or easement.
(B) The Administrator shall convey, for fair market value, the interest of the United States in a tract of land referred to in subsection (a), or in any easement in connection with such a tract of land, to any person or persons described in subsection (a)(2)(D)(i) who, with respect to such land, are ready, willing, and able to purchase such interest for the fair market value of such interest.
(2)(A) In the case of a tract of real property referred to in subsection (a) that is surrounded by adjacent lands that are owned separately by two or more owners, the Administrator shall dispose of that tract of real property in accordance with this paragraph. In disposing of the real property, the Administrator shall satisfy the requirements specified in paragraph (1) regarding notice to owners, sale at fair market value, and the determination of the qualifications of the purchaser.
(B) The Administrator shall dispose of such a tract of real property through a sealed bid competitive sale. The Administrator shall afford an opportunity to compete to acquire the interest of the United States in the real property to all of the persons described in subsection (a)(2)(D)(ii) who own lands adjacent to that real property. The Administrator shall restrict to these persons the opportunity to compete in the sealed bid competitive sale.
(C) Subject to subparagraph (D), the Administrator shall convey the interest of the United States in the tract of real property to the highest bidder.
(D) If all of the bids received by the Administrator in the sealed bid competitive sale of the tract of real property are less than the fair market value of the real property, the Administrator shall dispose of the real property in accordance with the provisions of
(c) The Administrator shall determine the fair market value of the interest of the United States to be conveyed under this section.
(d) The requirement to determine whether any tract of land described in subsection (a)(2) is excess property or surplus property under
(e) The disposition of a tract of land under this section to any person shall be subject to (1) any easement retained by the Secretary of the Air Force with respect to such tract, and (2) such additional terms and conditions as the Administrator considers necessary or appropriate to protect the interests of the United States.
(f) The exact acreage and legal description of any tract of land to be conveyed under this section shall be determined in any manner that is satisfactory to the Administrator. The cost of any survey conducted for the purpose of this subsection in the case of any tract of land shall be borne by the person or persons to whom the conveyance of such tract of land is made.
(g) If any real property interest of the United States described in subsection (a) is not purchased under the procedures provided in subsections (a) through (f), such tract may be disposed of only in accordance with subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(Added
Editorial Notes
Amendments
2021—Subsec. (a)(2).
Subsec. (a)(2)(A).
Subsec. (a)(2)(C).
2011—Subsec. (g).
2003—Subsec. (g).
2002—Subsec. (b)(2)(D).
Subsec. (d).
Subsec. (g).
1993—Subsec. (a)(1).
Subsec. (a)(2)(D).
Subsec. (b).
Subsec. (c).
Subsec. (e).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by
§9782. Maintenance and repair of real property
(a)
(b)
(c)
(d)
(Added
Editorial Notes
Amendments
2021—Subsecs. (c), (d).
§9783. Johnston Atoll: reimbursement for support provided to civil air carriers
(a)
(1) requested by the civil air carrier; or
(2) determined under the regulations as being necessary to accommodate the civil air carrier's use of Johnston Atoll.
(b)
(c)
(d)
(A) For support provided by the Air Force, to appropriations available for the Air Force for operation and maintenance.
(B) For support provided by the Army, to appropriations available for the Army for chemical demilitarization.
(2) Amounts credited to an appropriation under paragraph (1) shall be merged with funds in that appropriation and shall be available, without further appropriation, for the purposes and period for which the appropriation is available.
(e)
(1) The term "civil air carrier" means an air carrier (as defined in
(2) The term "support" includes fuel, fire rescue, use of facilities, improvements necessary to accommodate use by civil air carriers, police, safety, housing, food, air traffic control, suspension of military operations on the island (including operations at the Johnston Atoll Chemical Agent Demilitarization System), repairs, and any other construction, services, or supplies.
(Added
Editorial Notes
Amendments
2001—Subsec. (e)(1).
CHAPTER 981 —MILITARY CLAIMS
Editorial Notes
Amendments
2018—
1972—
1960—
§9801. Definition
In this chapter, the term "settle" means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or by disallowance.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9801 | [No source]. | [No source]. |
The revised section is inserted for clarity, and is based on usage in the source laws for this revised chapter.
Editorial Notes
Amendments
1987—
§9802. Admiralty claims against the United States
(a) The Secretary of the Air Force may settle or compromise an admiralty claim against the United States for—
(1) damage caused by a vessel of, or in the service of, the Department of the Air Force or by other property under the jurisdiction of the Department of the Air Force;
(2) compensation for towage and salvage service, including contract salvage, rendered to a vessel of, or in the service of, the Department of the Air Force or to other property under the jurisdiction of the Department of the Air Force; or
(3) damage caused by a maritime tort committed by any agent or employee of the Department of the Air Force or by property under the jurisdiction of the Department of the Air Force.
(b) If a claim under subsection (a) is settled or compromised for $500,000 or less, the Secretary of the Air Force may pay it. If it is settled or compromised for more than $500,000, he shall certify it to Congress.
(c) In any case where the amount to be paid is not more than $100,000, the Secretary of the Air Force may delegate his authority under subsection (a) to any person in the Department of the Air Force designated by him.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9802(a) 9802(b) 9802(c) |
10:1861 (less 35 words before 1st proviso, and less last proviso). 10:1861 (last proviso). 10:1866 (as applicable to 10:1861). |
Oct. 20, 1951, ch. 524, §§1 (less 35 words before 1st proviso), 6 (as applicable to §1), |
In subsection (a), the words "consider, ascertain, adjust, determine, compromise" are omitted as covered by the word "settle", as defined in
Editorial Notes
Amendments
1989—Subsec. (c).
1972—Subsec. (a).
1965—Subsec. (c).
§9803. Admiralty claims by United States
(a) Under the direction of the Secretary of Defense, the Secretary of the Air Force may settle, or compromise, and receive payment of a claim by the United States for damage to property under the jurisdiction of the Department of the Air Force or property for which the Department has assumed an obligation to respond for damage, if—
(1) the claim is—
(A) of a kind that is within the admiralty jurisdiction of a district court of the United States; or
(B) for damage caused by a vessel or floating object; and
(2) the amount to be received by the United States is not more than $500,000.
(b) In exchange for payment of an amount found to be due the United States under subsection (a), the Secretary of the Air Force may execute a release of the claim on behalf of the United States. Amounts received under this section shall be covered into the Treasury.
(c) In any case where the amount to be received by the United States is not more than $100,000, the Secretary of the Air Force may delegate his authority under subsections (a) and (b) to any person in the Department of the Air Force designated by him.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9803(a) 9803(b) |
10:1862 (1st sentence; 2d sentence, less last 32 words; and provisos of last sentence). 10:1862 (3d sentence; and last sentence, less provisos). |
Oct. 20, 1951, ch. 524, §§2 (less last 32 words of 2d sentence), 6 (less applicability to §1), |
| 9803(c) | 10:1866 (less applicability to 10:1861). |
In subsection (a), the words "consider, ascertain, adjust, determine" are omitted as covered by the word "settle", as defined in
In subsection (b), the words "of the United States as miscellaneous receipts" and "to deliver" are omitted as surplusage.
Editorial Notes
Amendments
1989—Subsec. (c).
1965—Subsec. (c).
§9804. Salvage claims by United States
(a) The Secretary of the Air Force may settle, or compromise, and receive payment of a claim by the United States for salvage services performed by the Department of the Air Force. Amounts received under this section shall be covered into the Treasury.
(b) In any case where the amount to be received by the United States is not more than $10,000, the Secretary of the Air Force may delegate his authority under subsection (a) to any person designated by him.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9804 | 10:1863. | Oct. 20, 1951, ch. 524, §3, |
The words "under this section" are substituted for the words "for salvage services rendered". The words "consider, ascertain, adjust, determine" are omitted as covered by the word "settle", as defined in
Editorial Notes
Amendments
1972—
[§9805. Repealed. Pub. L. 86–533, §1(7)(A), June 29, 1960, 74 Stat. 246 ]
Section, act Aug. 10, 1956, ch. 1041,
§9806. Settlement or compromise: final and conclusive
Notwithstanding any other provision of law, upon acceptance of payment the settlement or compromise of a claim under
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9806 | 10:861 (35 words before 1st proviso). 10:862 (last 32 words of 2d sentence). |
Oct. 20, 1951, ch. 524, §§1 (35 words before 1st proviso), 2 (last 32 words of 2d sentence), |
The words "for all purposes" and "to the contrary", in 10:1861 and 1862; "by the claimant and not until then", in 10:1861; and "but not until then", in 10:1862; are omitted as surplusage.
CHAPTER 983 —ACCOUNTABILITY AND RESPONSIBILITY
Editorial Notes
Amendments
2018—
2008—
2006—
2002—
1982—
1980—
1962—
§9831. Custody of departmental records and property
The Secretary of the Air Force has custody and charge of all books, records, papers, furniture, fixtures, and other property under the lawful control of the executive part of the Department of the Air Force.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9831 | 5:191. | R.S. 217. |
The words "under the lawful control of the executive part of the Department of the Air Force" are substituted for the words "appertaining to the Department".
[§9832. Repealed. Pub. L. 110–181, div. A, title III, §375(c)(1)(C), Jan. 28, 2008, 122 Stat. 84 ]
Section, act Aug. 10, 1956, ch. 1041,
[§9833. Repealed. Pub. L. 87–480, §1(4), June 8, 1962, 76 Stat. 94 ]
Section, act Aug. 10, 1956, ch. 1041,
[§9835. Repealed. Pub. L. 107–314, div. A, title X, §1006(c)(1), Dec. 2, 2002, 116 Stat. 2633 ]
Section, act Aug. 10, 1956, ch. 1041,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal applicable with respect to loss, spoilage, unserviceability, unsuitability, or destruction of, or damage to, property of United States under control of Department of Defense occurring on or after effective date of regulations prescribed pursuant to
[§9836. Repealed. Pub. L. 110–181, div. A, title III, §375(c)(1)(D), Jan. 28, 2008, 122 Stat. 84 ]
Section, act Aug. 10, 1956, ch. 1041,
§9837. Settlement of accounts: remission or cancellation of indebtedness of members
(a)
(b)
(c)
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9837(a) | 10:875. | R.S. 1300. |
| 10:875b. | R.S. 1301. | |
| 9837(b) 9837(c) 9837(d) |
10:875a (less 3d and last provisos). 10:875a (last proviso). 10:875a (3d proviso). |
May 22, 1928, ch. 676, |
| 9837(e) | 10:871. | R.S. 1303. |
| 9837(f) | 10:872. | R.S. 1304. |
| 9837(g) | 10:875c. | R.S. 1299. |
In subsection (a), the words "sold to the member on credit under
In subsection (b), the last sentence is substituted for 10:875a (1st and 2d provisos). The words "on current payrolls" are omitted as surplusage.
In subsection (c), the words "Subject to subsection (b)" are substituted for the words "in the proportions hereinbefore indicated".
In subsection (d), the words "If he considers it in the best interests of the United States" are substituted for the words "when in his opinion the interests of the Government are best served by such action". The words "before, or at the time of" are substituted for the words "either on * * * or prior thereto".
In subsection (e), the words "member" and "his" are substituted for the words "officer or soldier". The words "or implement" are omitted as surplusage.
In subsection (f), the words "or if an article of military supply with whose issue a commissioned officer is charged is damaged" are substituted for 10:872 (last sentence). The words "that he was not at fault" are substituted for the words "that said deficiency [such damage] was not occasioned by any fault on his part".
In subsection (g), the words "bought on credit under
1958 Act
The change [in subsec. (b)] reflects the opinion of the Judge Advocate General of the Air Force (June 10, 1957) that the term "rate of pay", as used in the source law for section 9837(b) (Act of May 22, 1928, ch. 676 (
The change [in subsec. (f)] reflects the opinion of the Assistant General Counsel (Fiscal Matters), Department of Defense (July 19, 1957), that section 1304, Revised Statutes (formerly
Editorial Notes
Amendments
2021—Subsec. (a).
2016—Subsec. (a).
2008—Subsec. (a).
2006—
Subsec. (a).
Subsecs. (b) to (d).
"(1) while the member is on active duty or in active status, as the case may be;
"(2) if discharged from the armed forces under honorable conditions, during the one-year period beginning on the date of such discharge; or
"(3) if released from active status in a reserve component, during the one-year period beginning on the date of such release."
1980—
1962—
1958—Subsec. (b).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by
Effective Date of 2008 Amendment
Termination Date of 2006 Amendment
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1962 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
Regulations
Secretary of Defense to prescribe regulations required for purposes of this section, as amended by
§9838. Settlement of accounts: affidavit of squadron commander
In the settlement of the accounts of the commanding officer of a squadron for clothing and other military supplies, his affidavit may be received to show—
(1) that vouchers or squadron books were lost;
(2) anything tending to prove that any apparent deficiency of those articles was caused by unavoidable accident, or by loss in actual service without his fault; or
(3) that all or part of the clothing and supplies was properly used.
The affidavit may be used as evidence of the facts set forth, with or without other evidence, as determined by the Secretary of the Air Force to be just and proper under the circumstances.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9838 | 10:1302. | R.S. 225 (less 1st sentence); added Feb. 27, 1877, ch. 69 (3d par.), |
The word "anything" is substituted for the words "any matter or circumstance". The words "properly used" are substituted for the words "legally used and appropriated". The words "of the case" are omitted as surplusage.
§9839. Settlement of accounts: oaths
The Secretary of the Air Force may detail any employee of the Department of the Air Force to administer oaths required by law in the settlement of an officer's accounts for clothing and other military supplies. An oath administered under this section shall be without expense to the person to whom it is administered.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9839 | 10:1303. | R.S. 225 (1st sentence). |
The words "and other military supplies" are substituted for the words "camp and garrison equipage, quartermaster's stores, and ordnance" to conform to
§9840. Final settlement of officer's accounts
Before final payment upon discharge may be made to an officer of the Air Force or the Space Force who has been accountable or responsible for public property, the officer must obtain a certificate of nonindebtedness to the United States from each officer to whom the officer was accountable or responsible for property. The officer must also make an affidavit, certified by the officer's commanding officer to be correct, that the officer is not accountable or responsible for property to any other officer. An officer who has not been responsible for public property must make an affidavit of that fact, certified by the officer's commanding officer. Compliance with this section warrants the final payment of the officer concerned.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9840 | 10:878. | Jan. 12, 1899, ch. 46, §2, |
The words "Before final payment upon discharge may be made" are substituted for the words "shall warrant their final payment". The words "at any time" are omitted as surplusage. The word "must" is substituted for the words "shall be required * * * to". The words "He must also make" are substituted for the words "accompanied by". The words "from each officer to whom he was accountable or responsible for property" are substituted for the words "from only such of the bureaus of the Department of the Army to which the property for which they were accountable or responsible pertains", since the Air Force does not have organic bureaus created by statute. The words "that he is not accountable or responsible for property to any other officer" are substituted for the words "accompanied by the affidavits of officers, of nonaccountability, or nonresponsibility to other bureaus of the Department of the Army" for the same reason. The reference to certificates from the General Accounting Office is omitted as obsolete. The last sentence is substituted for 10:878 (last 18 words). The last proviso of section 2 of the Act of January 12, 1899, ch. 46,
Editorial Notes
Amendments
2021—
§9841. Payment of small amounts to public creditors
When authorized by the Secretary of the Air Force, a disbursing official of Air Force or Space Force subsistence funds may keep a limited amount of those funds in the personal possession and at the risk of the disbursing official to pay small amounts to public creditors.
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9841 | 31:493. | Mar. 2, 1907, ch. 2511 (proviso on p. 1166), |
The words "Secretary of the Air Force" are substituted for "Secretary of War" because of sections 205(a) and 207(a) and (f) of the Act of July 26, 1947 (ch. 343,
Editorial Notes
Amendments
2021—
§9842. Settlement of accounts of line officers
The Comptroller General shall settle the account of a line officer of the Air Force or the Space Force for pay due the officer even if the officer cannot account for property entrusted to the officer or cannot make a monthly report or return, when the Comptroller General is satisfied that the inability to account for property or make a report or return was the result of the officer having been a prisoner, or of an accident or casualty of war.
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9842 | 31:44 (1st sentence). | June 10, 1921, ch. 18, §304 (1st par. 1st sentence), |
| 31:95. | R.S. §278. |
The section is made applicable to the Air Force by section 207(a) and (f) of the Act of July 26, 1947 (ch. 343,
Editorial Notes
Amendments
2021—