ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

10 U.S.C. § 8765Obsolete material and articles of historical interest: loan or gift

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 380 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Navy can lend or give away obsolete equipment or historic combat items — at no cost — to states, D.C., libraries, historical societies, certain schools, veterans' groups, and museums. Official government records cannot be given away this way. The Navy can even transfer part of a scrapped ship's hull, as long as the recipient preserves its historical value.

(a) Authority To Make Loans and Gifts. The Secretary of the Navy may lend or give away, at no cost to the government, the property described in (b), if the Navy no longer needs it, to any of these: (1) a state, commonwealth, U.S. possession, or one of their political subdivisions or municipalities; (2) the District of Columbia; (3) a library; (4) a historical society; (5) an educational institution whose graduates or students fought in a foreign war; (6) a servicemen's monument association; (7) a state museum; (8) a nonprofit museum or memorial used only for education; (9) a Veterans of Foreign Wars post; (10) an American Legion post; (11) any other recognized war veterans' association; or (12) a Sons of Veterans Reserve post. (b) Items Eligible for Disposal. This applies to: (1) captured, condemned, or obsolete ordnance material; and (2) captured, condemned, or obsolete combat or shipboard material. (c) Regulations. A loan or gift must follow regulations the Secretary sets, plus title 40, section 121. (d) Maintenance of the Records of the Government. Official government records, as defined in title 44, section 3301, cannot be given away under this section. (e) Alternative Authorities To Make Gifts or Loans. If both this section and section 2572 allow a gift or loan, the Secretary may use either one. (f) Authority To Transfer a Portion of a Vessel. The Secretary may lend, give, or otherwise transfer part of the hull or superstructure of a ship that has been struck from the Naval Vessel Register and marked for scrapping, to a qualifying organization listed in (a). The transfer agreement must require the recipient to keep the material in a condition that preserves its historical value and does not embarrass the Navy.
the actual law source: uscode.house.gov ↗public domain
(a)Authority To Make Loans and Gifts.—

The Secretary of the Navy may lend or give, without expense to the United States, items described in subsection (b) that are not needed by the Department of the Navy to any of the following:

(1)

A State, Commonwealth, or possession of the United States, or political subdivision or municipal corporation thereof.

(2)

The District of Columbia.

(3)

A library.

(4)

A historical society.

(5)

An educational institution whose graduates or students fought in a foreign war.

(6)

A servicemen’s monument association.

(7)

A State museum.

(8)

A museum or memorial operated and maintained for educational purposes only, whose charter denies it the right to operate for profit.

(9)

A post of the Veterans of Foreign Wars of the United States.

(10)

A post of the American Legion.

(11)

Any other recognized war veterans’ association.

(12)

A post of the Sons of Veterans Reserve.

(b)Items Eligible for Disposal.—

This section applies to the following types of property held by the Department of the Navy:

(1)

Captured, condemned, or obsolete ordnance material.

(2)

Captured, condemned, or obsolete combat or shipboard material.

(c)Regulations.—

A loan or gift made under this section shall be subject to regulations prescribed by the Secretary and to regulations under section 121 of title 40.

(d)Maintenance of the Records of the Government.—

Records of the Government as defined in section 3301 of title 44 may not be disposed of under this section.

(e)Alternative Authorities To Make Gifts or Loans.—

If any disposition is authorized by this section and section 2572 of this title, the Secretary may make the gift or loan under either section.

(f)Authority To Transfer a Portion of a Vessel.—

The Secretary may lend, give, or otherwise transfer any portion of the hull or superstructure of a vessel stricken from the Naval Vessel Register and designated for scrapping to a qualified organization specified in subsection (a). The terms and conditions of an agreement for the transfer of a portion of a vessel under this section shall include a requirement that the transferee will maintain the material conveyed in a condition that will not diminish the historical value of the material or bring discredit upon the Navy.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 466, § 7545; Pub. L. 96–513, title V, § 513(39), (40), Dec. 12, 1980, 94 Stat. 2934, 2935; Pub. L. 104–106, div. A, title X, § 1061(i), Feb. 10, 1996, 110 Stat. 443; Pub. L. 107–107, div. A, title X, § 1043(a)–(c), Dec. 28, 2001, 115 Stat. 1218, 1219; Pub. L. 107–217, § 3(b)(34), Aug. 21, 2002, 116 Stat. 1298; Pub. L. 107–314, div. A, title X, § 1062(e)(2), Dec. 2, 2002, 116 Stat. 2651; Pub. L. 109–163, div. A, title X, § 1057(a)(3), Jan. 6, 2006, 119 Stat. 3440; renumbered § 8765, Pub. L. 115–232, div. A, title VIII, § 807(d)(8), Aug. 13, 2018, 132 Stat. 1836.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2934, 2935
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 443
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1218, 1219
  • 2002Amended · Pub. L. 107-217 · 116 Stat. 1298
  • 2002Amended · Pub. L. 107-314 · 116 Stat. 2651
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3440
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1836

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case