Us Code § 8765 - Obsolete material and articles of historical interest: loan or gift
Full text of Us Code United States Code § 8765 — Obsolete material and articles of historical interest: loan or gift, with citation guidance and answers to common questions.
§ 8765. Obsolete material and articles of historical interest: loan or gift
(a)
(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)
(1) Captured, condemned, or obsolete ordnance material.
(2) Captured, condemned, or obsolete combat or shipboard material.
(c)
(d)
(e)
(f)
(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.)
| 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.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 7545 of this title as this section.
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 "servicemen's 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".
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 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.
About This Section
10 U.S.C. § 8765 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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