10-U.S.C.-7545
§7545 – Obsolete Material and Articles of Historical Interest: Loan Or Gift
Pathway
Title 10 > Subtitle C > Part IV > Chapter 647 > Section 7545
Details
- Reference: Section 7545
- Legend: §7545 – Obsolete Material and Articles of Historical Interest: Loan Or Gift
- USCode Year: 2013
Provision Content
(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 servicemens 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 466; 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.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7545 | 34 U.S.C. 546g. | Aug. 7, 1946, ch. 804, §2, 60 Stat. 897; Oct. 31, 1951, ch. 654, §2(23), 65 Stat. 707. |
| 34 U.S.C. 546h (last sentence as applicable to 34 U.S.C. 546g). | Aug. 7, 1946, ch. 804, §3 (last sentence as applicable to §2), 60 Stat. 897. | |
| 34 U.S.C. 546k (1st sentence as applicable to 34 U.S.C. 546g, and 3d sentence). | Aug. 7, 1946, ch. 804, §6 (1st sentence as applicable to §2, and 3d sentence), 60 Stat. 898. |
In subsection (a) the words, ordnance material are substituted for the words ordnance, guns, projectiles. Posts of the Grand Army of the Republic are omitted from the list of authorized donees because there are no surviving members of that organization. The word Commonwealth is inserted to reflect the present status of Puerto Rico. Specific reference to the Canal Zone is omitted as unnecessary, since the Zone is a possession of the United States as defined in section 101 of this title and is therefore covered by clause (1).
Subsection (d) is added to note the existence of a later act, codified in §2572 of this title, which provides similar disposal authority, and to give effect to §2 of the Act of February 27, 1948, ch. 76, 62 Stat. 37, which is not now contained in the U.S. Code, and which saves this section despite the apparent implied repeal.
Amendments
2006—Subsec. (a)(1). Pub. L. 109–163 struck out Territory, after A State,.
2002—Subsec. (c). Pub. L. 107–217, as amended by Pub. L. 107–314, substituted section 121 of title 40 for section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486).
2001—Subsec. (a). Pub. L. 107–107, §1043(a)(1), inserted heading and substituted introductory provisions for provisions which read as follows: Subject to regulations under section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486), the Secretary of the Navy, under regulations prescribed by him, may lend or give, without expense to the United States, captured, condemned, or obsolete ordnance material, books, manuscripts, works of art, drawings, plans, and models, other condemned or obsolete material, trophies, and flags, and other material of historic interest not needed by the Department of the Navy, to—.
Subsec. (a)(1) to (12). Pub. L. 107–107, §1043(a)(2), capitalized the first letter after the paragraph designation in each of pars. (1) to (12), substituted a period for a semicolon at end of pars. (1) to (10) and a period for ; or at end of par. (11), substituted a foreign war for World War I or World War II in par. (5) and servicemens monument for soldiers’ monument in par. (6), and inserted or memorial after museum in par. (8).
Subsecs. (b), (c). Pub. L. 107–107, §1043(b)(2), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively.
Subsec. (d). Pub. L. 107–107, §1043(b)(1), (c)(1), redesignated subsec. (b) as (d) and inserted heading.
Subsec. (e). Pub. L. 107–107, §1043(b)(1), (c)(2), redesignated subsec. (c) as (e) and inserted heading.
Subsec. (f). Pub. L. 107–107, §1043(b)(3), added subsec. (f).
1996—Subsecs. (c), (d). Pub. L. 104–106 redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: No loan or gift under this section may be made unless—
(1) notice of the proposal to make the loan or gift is sent to Congress;
(2) 30 calendar days of continuous session of Congress have expired after the notice was sent to Congress; and
(3) during that 30-day period Congress does not pass a concurrent resolution stating in substance that it does not favor the proposed loan or gift.
1980—Subsec. (a). Pub. L. 96–513, §513(39), substituted section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486), for section 486 of title 40.
Subsec. (b). Pub. L. 96–513, §513(40), substituted section 3301 for section 366.
Effective Date of 2002 Amendment
Pub. L. 107–314, div. A, title X, §1062(e), Dec. 2, 2002, 116 Stat. 2651, provided that the amendment made by section 1062(e)(2) is effective as if included in Pub. L. 107–217 as originally enacted.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-7542 in the Legal Encyclopedia: Navy
In this entry about 10-U.S.C.-7542, find legal reference material, bibliographies and premiere content related to navy in the American Encyclopedia of Law, presenting a comprehensive view of the United States navy-specific issues, written by authorities in the field.
10-U.S.C.-7473 in the Legal Encyclopedia: Navy Administration
In this entry about 10-U.S.C.-7473, find legal reference material, bibliographies and premiere content related to navy administration in the American Encyclopedia of Law, presenting a comprehensive view of the United States navy administration-specific issues, written by authorities in the field.
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