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10 U.S.C. § 2790 — Recovery of improperly disposed of Department of Defense property
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition.—** No member of the armed forces, civilian employee of the United States Government, contractor personnel, or other person may sell, lend, pledge, barter, or give any clothing, arms, articles, equipment, or other military or Department of Defense property except in accordance with the statutes and regulations governing Government property.
**(b) Transfer of Title or Interest Ineffective.—** If property has been disposed of in violation of subsection (a), the person holding the property has no right or title to, or interest in, the property.
**(c) Authority for Seizure of Improperly Disposed of Property.—** If any person is in the possession of military or Department of Defense property without right or title to, or interest in, the property because it has been disposed of in material violation of subsection (a), any Federal, State, or local law enforcement official may seize the property wherever found. Unless an exception to the warrant requirement under the fourth amendment to the Constitution applies, seizure may be made only—
(1) pursuant to—
(A) a warrant issued by the district court of the United States for the district in which the property is located, or for the district in which the person in possession of the property resides or is subject to service; or
(B) pursuant to an order by such court, issued after a determination of improper transfer under subsection (e); and
(2) after such a court has issued such a warrant or order.
**(d) Inapplicability to Certain Property.—** Subsections (b) and (c) shall not apply to—
(1) property on public display by public or private collectors or museums in secured exhibits; or
(2) property in the collection of any museum or veterans organization or held in a private collection for the purpose of
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Source location: Title 10, Chapter 165, § 2790; chapter-165-accountability-and-responsibility.md
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**(a) Prohibition.—** No member of the armed forces, civilian employee of the United States Government, contractor personnel, or other person may sell, lend, pledge, barter, or give any clothing, arms, articles, equipment, or other military or Department of Defense property except in accordance with the statutes and regulations governing Government property.
**(b) Transfer of Title or Interest Ineffective.—** If property has been disposed of in violation of subsection (a), the person holding the property has no right or title to, or interest in, the property.
**(c) Authority for Seizure of Improperly Disposed of Property.—** If any person is in the possession of military or Department of Defense property without right or title to, or interest in, the property because it has been disposed of in material violation of subsection (a), any Federal, State, or local law enforcement official may seize the property wherever found. Unless an exception to the warrant requirement under the fourth amendment to the Constitution applies, seizure may be made only—
(1) pursuant to—
(A) a warrant issued by the district court of the United States for the district in which the property is located, or for the district in which the person in possession of the property resides or is subject to service; or
(B) pursuant to an order by such court, issued after a determination of improper transfer under subsection (e); and
(2) after such a court has issued such a warrant or order.
**(d) Inapplicability to Certain Property.—** Subsections (b) and (c) shall not apply to—
(1) property on public display by public or private collectors or museums in secured exhibits; or
(2) property in the collection of any museum or veterans organization or held in a private collection for the purpose of public display, provided that any such property, the possession of which could undermine national security or create a hazard to public health or safety, has been fully demilitarized.
**(e) Determinations of Violations.—**
(1) The district court of the United States for the district in which the property is located, or the district in which the person in possession of the property resides or is subject to service, shall have jurisdiction, regardless of the current approximated or estimated value of the property, to determine whether property was disposed of in violation of subsection (a). Any such determination shall be by a preponderance of the evidence.
(2) Except as provided in paragraph (3), in the case of property, the possession of which could undermine national security or create a hazard to public health or safety, the determination under paragraph (1) may be made after the seizure of the property, as long as the United States files an action seeking such determination within 90 days after seizure of the property. If the person from whom the property is seized is found to have been lawfully in possession of the property and the return of the property could undermine national security or create a hazard to public health or safety, the Secretary of Defense shall reimburse the person for the market value for the property.
(3) Paragraph (2) shall not apply to any firearm, ammunition, or ammunition component, or firearm part or accessory that is not prohibited for commercial sale.
**(f) Delivery of Seized Property.—** Any law enforcement official who seizes property under subsection (c) and is not authorized to retain it for the United States shall deliver the property to an authorized member of the armed forces or other authorized official of the Department of Defense or the Department of Justice.
**(g) Scope of Enforcement.—** This section shall apply to the following:
(1) Any military or Department of Defense property disposed of after January 6, 2011, in a manner that is not in accordance with statutes and regulations governing Government property in effect at the time of the disposal of such property.
(2) Any significant military equipment disposed of on or after January 1, 2002, in a manner that is not in accordance with statutes and regulations governing Government property in effect at the time of the disposal of such significant military equipment.
**(h) Rule of Construction.—** The authority of this section is in addition to any other authority of the United States with respect to property to which the United States may have right or title.
**(i) Definitions.—** In this section:
(1) The term “significant military equipment” means defense articles on the United States Munitions List for which special export controls are warranted because of their capacity for substantial military utility or capability.
(2) The term “museum” has the meaning given that term in section 273(1) of the Museum Services Act ([20 U.S.C. 9172(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9172/1&num=0&edition=prelim)).
(3) The term “fully demilitarized” means, with respect to equipment or material, the destruction of the military offensive or defensive advantages inherent in the equipment or material, including, at a minimum, the destruction or disabling of key points of such equipment or material, such as the fuselage, tail assembly, wing spar, armor, radar and radomes, armament and armament provisions, operating systems and software, and classified items.
(4) The term “veterans organization” means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under [section 5902 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5902&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary may recognize representatives of the American National Red Cross, the American Legion, the Disabled American Veterans, the United Spanish War Veterans, the Veterans of Foreign Wars, and such other organizations as the Secretary may approve, in the preparation, presentation, and prosecution of claims under laws administered by the Secretary.
(2) The Secretary may, in the discretion of the Secretary, furnish, if available, space and office facilities for the use of paid full-time representatives of national organizations so recognized.
**(b)**
(1) No individual shall be recognized under this section—
(A) unless the individual has certified to the Secretary that no fee or compensation of any nature will be charged any individual for services rendered in connection with any claim; and
(B) unless, with respect to each claim, such individual has filed with the Secretary a power of attorney, executed in such manner and form as the Secretary may prescribe.
(2) An individual recognized under this section shall be subject to the provisions of [section 5904(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5904/b&num=0&edition=prelim) on the same basis as an individual recognized under [section 5904(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5904/a&num=0&edition=prelim).
**(c)**
(1) Unless a claimant specifically indicates in a power of attorney filed with the Department a desire to appoint only a recognized representative of an organization listed in or approved under subsection (a), the Secretary may, for any purpose, treat the power of attorney naming such an organization, a specific office of such an organization, or a recognized representative
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5902
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Federal law — U.S. Code and appendices · legal_authorities
Page 2211
TITLE 10—ARMED FORCES
§ 2790
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 107–314, div. A, title X, § 1006(d), Dec. 2, 2002,
116 Stat. 2633, provided that: ‘‘The amendments made
by this section [enacting this section, amending section
1007 of Title 37, Pay and Allowances of the Uniformed
Services, and repealing sections 4835 and 9835 of this
title] shall apply with respect to the loss, spoilage,
unserviceability, unsuitability, or destruction of, or
damage to, property of the United States under the
control of the Department of Defense occurring on or
after the effective date of regulations prescribed pursu-
ant to section 2787 of title 10, United States Code, as
added by subsection (a).’’
§ 2788. Property accountability: regulations
The Secretary of a military department may
prescribe regulations for the accounting for the
property of that department and the fixing of re-
sponsibility for that property.
(Added Pub. L. 110–181, div. A, title III, § 375(a),
Jan. 28, 2008, 122 Stat. 83.)
§ 2789. Individual equipment: unauthorized dis-
position
(a) PROHIBITION.—No member of the armed
forces may sell, lend, pledge, barter, or give any
clothing, arms, or equipment furnished to such
member by the United States to any person
other than a member of the armed forces or an
officer of the United States who is authorized to
receive it.
(b) SEIZURE
OF IMPROPERLY DISPOSED PROP-
ERTY.—If a member of the armed forces has dis-
posed of property in violation of subsection (a)
and the property is in the possession of a person
who is neither a member of the armed forces nor
an officer of the United States who is authorized
to receive it, that person has no right to or in-
terest in the property, and any civil or military
officer o
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2790
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) **Museum** — The term “museum” means a public, tribal, or private nonprofit agency or institution organized on a permanent basis for essentially educational, cultural heritage, or aesthetic purposes, that utilizes a professional staff, owns or utilizes tangible objects, cares for the tangible objects, and exhibits the tangible objects to the public on a regular basis. Such term includes museums that have tangible and digital collections and includes aquariums, arboretums, botanical gardens, art museums, children’s museums, general museums, historic houses and sites, history museums, nature centers, natural history and anthropology museums, planetariums, science and technology centers, specialized museums, and zoological parks.
(2) **State** — The term “State” means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 9172
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Federal law — U.S. Code and appendices · legal_authorities
Page 1691
TITLE 20—EDUCATION
§ 9173
as follows: ‘‘to encourage and support museums in car-
rying out their public service role of connecting the
whole of society to the cultural, artistic, historical,
natural, and scientific understandings that constitute
our heritage;’’.
Par. (2). Pub. L. 115–410, § 16(3), added par. (2). Former
par. (2) redesignated (1).
Par. (4). Pub. L. 115–410, § 16(4), inserted ‘‘diverse’’ be-
fore ‘‘cultural’’.
Par. (5). Pub. L. 115–410, § 16(5), substituted ‘‘as they
serve their communities in new and different ways’’ for
‘‘as a result of their increasing use by the public’’.
Par. (9). Pub. L. 115–410, § 16(7), substituted ‘‘State and
regional levels’’ for ‘‘State level’’ and ‘‘services; and’’
for ‘‘services.’’
Par. (10). Pub. L. 115–410, § 16(6), (8), added par. (10).
2010—Par. (3). Pub. L. 111–340, § 301(1), inserted
‘‘through international, national, regional, State, and
local networks and partnerships’’ after ‘‘services’’.
Pars. (7) to (9). Pub. L. 111–340, § 301(2)–(4), added pars.
(7) to (9).
2003—Pub. L. 108–81, § 301, amended section catchline
and text generally. Prior to amendment, text read as
follows: ‘‘It is the purpose of this subchapter—
‘‘(1) to encourage and assist museums in their edu-
cational role, in conjunction with formal systems of
elementary, secondary, and postsecondary education
and with programs of nonformal education for all age
groups;
‘‘(2) to assist museums in modernizing their meth-
ods and facilities so that the museums are better able
to conserve the cultural, historic, and scientific her-
itage of the United States; and
‘‘(3) to ease the financial burden borne by museums
as a result of their increasing use by the public.’’
§ 9172. Definitions
As used in this subchapter:
(1) Museum
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 9172
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 9172. This identifies an authority to review, not proof of applicability.