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10 U.S.C. § 7565 — Colors, standards, and guidons of demobilized organizations: disposition

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 161 words · no verdicts yet

in plain englishAI-generated · not legal advice

When an Army unit is demobilized, its flags and guidons can go back to the state that raised it. If that's not possible, they may go to whichever state supplied most of the unit's members, or otherwise to the Secretary. The United States keeps legal title to them.

(a) The Secretary of the Army may dispose of the colors, standards, and guidons of demobilized Army units as follows: (1) Those brought into federal service by a state's Army National Guard may go back to that state if its governor asks. (2) Those that can't go back under (1) may, if that state's governor asks, go instead to whichever state, as the Secretary determines, supplied most of the unit's original members. Anything that can't be returned or sent under (1) or (2) must go to the Secretary, for whatever national use the Secretary directs. (b) Title to these colors, standards, and guidons stays with the United States. (c) None of these items may be disposed of under this section unless the Secretary is satisfied that arrangements have been made to preserve and care for them.
the actual law source: uscode.house.gov ↗public domain
(a)

The Secretary of the Army may dispose of colors, standards, and guidons of demobilized organizations of the Army, as follows:

(1)

Those brought into Federal service by the Army 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 the Secretary may direct.

(b)

Title to colors, standards, and guidons of demobilized organizations of the Army 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.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 256, § 4565; Pub. L. 89–718, § 29, Nov. 2, 1966, 80 Stat. 1119; renumbered § 7565, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1966Amended · Pub. L. 89-718 · 80 Stat. 1119
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1839

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

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