CHAPTER 143—PRODUCTION
BY MILITARY AGENCIES
2421.
Plantations and farms:
operation, maintenance,
and improvement.
2422.
Bakery and dairy
products: procurement
outside the United
States.
2423.
Laundry and dry cleaning
services: procurement
from facilities operated
by the Navy Resale and
Services Support Office.
2424.
Procurement of supplies
and services from
exchange stores outside
the United States.
Amendments
1989—Pub. L.
101–189, div. A, title
III, §§323(b), 324(b), Nov. 29, 1989, 103
Stat. 1414, 1415,
added items 2423 and 2424.
1986—Pub. L.
99–661, div. A, title
III, §312(b), Nov. 14, 1986, 100
Stat. 3852, added item 2422.
§2421. Plantations and farms: operation, maintenance, and improvement
(a) Appropriations for the subsistence of members of the Army, Navy, Air
Force, or Marine Corps are available for expenditures necessary in the
operation, maintenance, and improvement of any plantation or farm,
outside the United States and under the jurisdiction of the Army, Navy,
Air Force, or Marine Corps, as the case may be, for furnishing fresh
fruits and vegetables to the armed forces. However, no land may be
acquired under this subsection.
(b) Fruits and vegetables produced under subsection (a) that are over
the amount furnished or sold to the armed forces or to civilians serving
with the armed forces may be sold only outside the United States.
(c) Of the persons employed by the United States under subsection (a),
only nationals of the United States are entitled to the benefits
provided by laws relating to the employment, work, compensation, or
other benefits of civilian employees of the United States.
(d) A plantation or farm covered by subsection (a) shall be operated,
maintained, and improved by a private contractor or lessee, so far as
practicable. Before using members of the Army, Navy, Air Force, or
Marine Corps, as the case may be, the Secretary concerned must make a
reasonable effort to make a contract or lease with a person in civil
life for his services for that operation, maintenance, or improvement,
on terms advantageous to the United States. A determination by the
Secretary as to the reasonableness of effort to make a contract or
lease, and as to the advantageous nature of its terms, is final.
(Aug. 10, 1956, ch. 1041, 70A
Stat. 138.)
Historical and Revision Notes
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Revised section |
Source (U.S. Code) |
Source (Statutes at Large) |
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2421(a)
2421(b)
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10:1213 (less 1st and 2d provisos).
34:555a (less 1st and 2d provisos).
10:1213 (2d proviso).
34:555a (2d proviso).
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June 28, 1944, ch. 306; restated July 1,
1947, ch. 188, 61
Stat. 234; Oct. 31,
1951, ch. 654, §3(2), 65
Stat. 708. |
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2421(c) |
10:1213 (1st proviso). |
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34:555a (1st proviso). |
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2421(d) |
10:1214. |
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34:555b. |
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In subsection (a), the word “management”, in 10:1213 and 34:555a, is
omitted as covered by the word “operation”. The word “members” is
substituted for the word “personnel”. The word “may” is substituted for
the word “shall”. The words “any and all” and “the purpose of” are
omitted as surplusage.
In subsections (a) and (b), the word “continental” is omitted, since section
101(1) of this title defines
the United States to include the States and the District of Columbia.
In subsection (b), the words “of the United States” are omitted as
surplusage. The words “Fruits and vegetables produced under subsection
(a)” are substituted for the words “That surplus production”.
In subsection (c), the words “nationals of the United States” are
substituted for the words “American nationals”. The words “civil-service
laws and other * * * of the United States” and “rights * * * or
obligations” are omitted as surplusage.
In subsection (d), the words “after the termination of the present war”
are omitted as executed. The word “by” is substituted for the words
“through the instrumentality of”. The words “partnership, association”
are omitted as covered by the definition of “person” in section
1 of title 1. The words “United States” are substituted for the
word “Government”. The words “management”, “for that purpose”, and “or
agreement” are omitted as surplusage.
§2422. Bakery and dairy products: procurement outside the United States
(a) The Secretary of Defense may authorize any element of the Department
of Defense that procures bakery and dairy products for use by the armed
forces outside the United States to procure any products described in
subsection (b) through the use of procedures other than competitive
procedures.
(b) The products referred to in subsection (a) are bakery or dairy
products produced by the Army and Air Force Exchange Service in a
facility outside the United States that began operating before July 1,
1986.
(Added Pub.
L. 99–661, div. A,
title III, §312(a), Nov. 14, 1986, 100
Stat. 3851.)
§2423. Laundry and dry cleaning services: procurement from facilities
operated by the Navy Resale and Services Support Office
(a) Authority.—The
Secretary of Defense may authorize an element of the Department of
Defense to enter into a contract (through the use of procedures other
than competitive procedures) with a laundry and dry cleaning facility
operated by the Navy Resale and Services Support Office to procure
laundry and dry cleaning services for the armed forces outside the
United States.
(b) Application.—Subsection
(a) shall apply only with respect to a laundry and dry cleaning facility
of the Navy Resale and Services Support Office that began operating
before October 1, 1989.
(Added Pub.
L. 101–189, div. A,
title III, §323(a), Nov. 29, 1989, 103
Stat. 1414.)
§2424. Procurement of supplies and services from exchange stores outside
the United States
(a) Authority.—The
Secretary of Defense may authorize an element of the Department of
Defense to enter into a contract (through the use of procedures other
than competitive procedures) with an exchange store operated under the
jurisdiction of the Secretary of a military department outside the
United States to procure supplies or services for use by the armed
forces outside the United States.
(b) Limitations.—(1)
A contract may not be entered into under subsection (a) in an amount in
excess of $100,000.
(2) Supplies provided under a contract entered into under subsection (a)
shall be provided from the stocks of the exchange store on hand as of
the date the contract is entered into with that exchange store.
(3) A contract entered into with an exchange store under subsection (a)
may not provide for the procurement of services not regularly provided
by that exchange store.
(c) Exception.—Paragraphs
(1) and (2) of subsection (b) do not apply to contracts for the
procurement of soft drinks that are manufactured in the United States.
The Secretary of Defense shall prescribe in regulations the standards
and procedures for determining whether a particular beverage is a soft
drink and whether the beverage was manufactured in the United States.
(Added Pub.
L. 101–189, div. A,
title III, §324(a), Nov. 29, 1989, 103
Stat. 1414; amended Pub.
L. 103–355, title III,
§3066, Oct. 13, 1994, 108
Stat. 3337; Pub.
L. 104–106, div. D,
title XLIII, §4321(b)(17), Feb. 10, 1996, 110
Stat. 673;Pub.
L. 109–163, div. A,
title VI, §671, Jan. 6, 2006, 119
Stat. 3319.)
Amendments
2006—Subsec. (b). Pub.
L. 109–163 substituted
“$100,000” for “$50,000”.
1996—Subsec. (c). Pub.
L. 104–106 inserted
heading and substituted “particular beverage” for “particular drink” and
“beverage was” for “drink was”.
1994—Subsec. (c). Pub.
L. 103–355 added
subsec. (c).
Effective Date of 1996 Amendment
For effective date and applicability of amendment by Pub.
L. 104–106, see
section 4401 of Pub.
L. 104–106, set out as
a note under section
2302 of this title.
Operation of Stars and Stripes Bookstores Overseas by Military Exchanges
Pub. L. 103–160, div.
A, title III, §353, Nov. 30, 1993, 107
Stat. 1627, provided that:
“(a) Requirement.—The
Secretary of Defense shall provide for the commencement, not later than
October 1, 1994, of the operation of Stars and Stripes bookstores
outside of the United States by the military exchanges.
“(b) Regulations.—The
Secretary of Defense shall prescribe regulations to carry out subsection
(a).”
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