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10 U.S.C. § 8682 — Service craft stricken from Naval Vessel Register; obsolete boats: use of proceeds from exchange or sale

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8682 — Service craft stricken from Naval Vessel Register; obsolete boats: use of proceeds from exchange or sale

**(a) Exchange or Sale of Similar Items.—** When the Secretary of the Navy sells an obsolete service craft or an obsolete boat, or exchanges such a craft or boat in a transaction for which a similar craft or boat is acquired, the Secretary may retain the proceeds of the sale or the exchange allowance from the exchange, as the case may be, and apply the proceeds of sale or the exchange allowance for any of the following purposes: (1) For payment, in whole or in part, for a similar service craft or boat acquired as a replacement, as authorized by [section 503 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section503&num=0&edition=prelim). (2) For reimbursement, to the extent practicable, of the appropriate accounts of the Navy for the full costs of preparation of such obsolete craft or boat for such sale or exchange. (3) For deposit to the special account established under subsection (b), to be available in accordance with that subsection. **(b) Special Account.—** Amounts retained under subsection (a) that are not applied as provided in paragraph (1) or (2) of that subsection shall be deposited into a special account. Amounts in the account shall be available under subsection (c) without regard to fiscal year limitation. Amounts in the account that the Secretary of the Navy determines are not needed for the purpose stated in subsection (c) shall be transferred at least annually to the General Fund of the Treasury. **(c) Costs of Preparation of Obsolete Service Craft and Boats for Future Sale or Exchange.—** The Secretary may use amounts in the account under subsection (b) for payment, in whole or in part, for the full costs of preparation of obsolete service craft and obsolete boats for future sale or exchange. **(d) Costs of Prep

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Stable record: federal_law:legal_authorities:record_usc_e315fbf6e7370c288d3fe9b4
Source file: Laws/federal/codes/united-states-code/title-10/section-8682-service-craft-stricken-from-naval-vessel-register-obsolete-boats-use-of--a30b3a6698.md
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Source location: Title 10, Chapter 863, § 8682; chapter-863-naval-vessels.md

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**(a) Exchange or Sale of Similar Items.—** When the Secretary of the Navy sells an obsolete service craft or an obsolete boat, or exchanges such a craft or boat in a transaction for which a similar craft or boat is acquired, the Secretary may retain the proceeds of the sale or the exchange allowance from the exchange, as the case may be, and apply the proceeds of sale or the exchange allowance for any of the following purposes: (1) For payment, in whole or in part, for a similar service craft or boat acquired as a replacement, as authorized by [section 503 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section503&num=0&edition=prelim). (2) For reimbursement, to the extent practicable, of the appropriate accounts of the Navy for the full costs of preparation of such obsolete craft or boat for such sale or exchange. (3) For deposit to the special account established under subsection (b), to be available in accordance with that subsection. **(b) Special Account.—** Amounts retained under subsection (a) that are not applied as provided in paragraph (1) or (2) of that subsection shall be deposited into a special account. Amounts in the account shall be available under subsection (c) without regard to fiscal year limitation. Amounts in the account that the Secretary of the Navy determines are not needed for the purpose stated in subsection (c) shall be transferred at least annually to the General Fund of the Treasury. **(c) Costs of Preparation of Obsolete Service Craft and Boats for Future Sale or Exchange.—** The Secretary may use amounts in the account under subsection (b) for payment, in whole or in part, for the full costs of preparation of obsolete service craft and obsolete boats for future sale or exchange. **(d) Costs of Preparation for Sale or Exchange.—** In this section, the term “full costs of preparation” means the full costs (direct and indirect) incurred by the Navy in preparing an obsolete service craft or an obsolete boat for exchange or sale, including the cost of the following: (1) Towing. (2) Storage. (3) Defueling. (4) Removal and disposal of hazardous wastes. (5) Environmental surveys to determine the presence of regulated materials containing polychlorinated biphenyl (PCB) and, if such materials are found, the removal and disposal of such materials. (6) Other costs related to such preparation. **(e) Obsolete Service Craft.—** For purposes of this section, an obsolete service craft is a service craft that has been stricken from the Naval Vessel Register. **(f) Inapplicability of Advertising Requirement.—** [Section 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim) does not apply to sales of service craft and boats described in subsection (a). **(g) Regulations.—** The Secretary of the Navy shall prescribe regulations for the purposes of this section.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 971 — Service credit: officers may not count service performed while serving as cadet or midshipman

**(a) Prohibition on Counting Enlisted Service Performed While at Service Academy or in Navy Reserve.—** The period of service under an enlistment or period of obligated service while also performing service as a cadet or midshipman or serving as a midshipman in the Navy Reserve may not be counted in computing, for any purpose, the length of service of an officer of an armed force or an officer in the Commissioned Corps of the Public Health Service. **(b) Prohibition on Counting Service as a Cadet or Midshipman.—** In computing length of service for any purpose, service as a cadet or midshipman may not be credited to any of the following officers: (1) An officer of the Navy or Marine Corps. (2) A commissioned officer of the Army, Air Force, or Space Force. (3) An officer of the Coast Guard. (4) An officer in the Commissioned Corps of the Public Health Service. **(c) Service as a Cadet or Midshipman Defined.—** In this section, the term “service as a cadet or midshipman” means— (1) service as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; or (2) service as a midshipman at the United States Naval Academy.

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 503 — Exchange or sale of similar items

**(a) Authority of Executive Agencies.—** In acquiring personal property, an executive agency may exchange or sell similar items and may apply the exchange allowance or proceeds of sale in whole or in part payment for the property acquired. **(b) Applicable Regulation and Law.—** (1) **Regulations prescribed by administrator of general services.—** — A transaction under subsection (a) must be carried out in accordance with regulations the Administrator of General Services prescribes, subject to regulations prescribed by the Administrator for Federal Procurement Policy under division B (except sections 1704 and 2303) of subtitle I of title 41. (2) **In writing.—** — A transaction under subsection (a) must be evidenced in writing. (3) **Section 6101(b) to (d) of title 41.—** — Section 6101(b) to (d) of title 41 applies to a sale of property under subsection (a), except that fixed price sales may be conducted in the same manner and subject to the same conditions as are applicable to the sale of property under [section 545(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section545/d&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 6101 — Advertising requirement for Federal Government purchases and sales

**(a) Definitions.—** In this section— (1) **Appropriation.—** — The term “appropriation” includes amounts made available by legislation under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim). (2) **Federal government.—** — The term “Federal Government” includes the government of the District of Columbia. **(b) Purchases.—** (1) **In general.—** — Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Federal Government may be made or entered into only after advertising for proposals for a sufficient time. (2) **Limitations on applicability.—** — Paragraph (1) does not apply when— (A) the amount involved in any one case does not exceed $25,000; (B) public exigencies require the immediate delivery of articles or performance of services; (C) only one source of supply is available and the Federal Government purchasing or contracting officer so certifies; or (D) services are required to be performed by a contractor in person and are— (i) of a technical and professional nature; or (ii) under Federal Government supervision and paid for on a time basis. **(c) Sales.—** Except when otherwise authorized by law or when the reasonable value involved in any one case does not exceed $500, sales and contracts of sale by the Federal Government are governed by the requirements of this section for advertising. **(d) Application to Wholly Owned Government Corporations.—** For wholly owned Government corporations, this section applies only to administrative transactions.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7311 — Twenty years or more: regular or reserve commissioned officers

**(a)** The Secretary of the Army may, upon the officer’s request, retire a regular or reserve commissioned officer of the Army who has at least 20 years of service computed under [section 7326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7326&num=0&edition=prelim), at least 10 years of which have been active service as a commissioned officer. **(b)** (1) The Secretary of Defense may authorize the Secretary of the Army, during the period specified in paragraph (2), to reduce the requirement under subsection (a) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary of the Army) of not less than eight years. (2) The period specified in this paragraph is the period beginning on January 7, 2011, and ending on September 30, 2018.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8682 — Service craft stricken from Naval Vessel

Page 3338 TITLE 10—ARMED FORCES § 8682 Air Force Register, prior to repeal by Pub. L. 85–861, § 36B(28), Sept. 2, 1958, 72 Stat. 1571. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7311 of this title as this section. 1989—Pub. L. 101–189 amended section generally, sub- stituting subsecs. (a) to (d) for former subsecs. (a) relat- ing to contractual provisions, and (b) relating to re- negotiation of contract. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–189, div. A, title XVI, § 1611(b), Nov. 29, 1989, 103 Stat. 1601, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to any contract for work on a naval vessel (other than new construction) entered into after the end of the 90-day period beginning on the date of the enactment of this Act [Nov. 29, 1989].’’ § 8682. Service craft stricken from Naval Vessel Register; obsolete boats: use of proceeds from exchange or sale (a) EXCHANGE OR SALE OF SIMILAR ITEMS.— When the Secretary of the Navy sells an obso- lete service craft or an obsolete boat, or ex- changes such a craft or boat in a transaction for which a similar craft or boat is acquired, the Secretary may retain the proceeds of the sale or the exchange allowance from the exchange, as the case may be, and apply the proceeds of sale or the exchange allowance for any of the fol- lowing purposes: (1) For payment, in whole or in part, for a similar service craft or boat acquired as a

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