10 U.S.C. § 8616 — Collection, preservation, and display of

Page 3307 TITLE 10—ARMED FORCES § 8616 the accomplishment of any naval public works or utilities project or for the construction of any vessel or aircraft, or part thereof. (b) The fee for any service under this section may not exceed 10 percent of the estimated cost, as determined by the Secretary, of the project to which the fee applies. (Aug. 10, 1956, ch. 1041, 70A Stat. 444, § 7212; Pub. L. 89–718, § 28, Nov. 2, 1966, 80 Stat. 1119; Pub. L. 95–454, title VII, § 703(c)(3), title VIII, § 801(a)(3)(I), Oct. 13, 1978, 92 Stat. 1217, 1222; Pub. L. 96–513, title V, § 513(25), Dec. 12, 1980, 94 Stat. 2932; renumbered § 8612, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836; Pub. L. 118–31, div. B, title XXVIII, § 2881(b), Dec. 22, 2023, 137 Stat. 780.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7212 ......... 34 U.S.C. 556. Apr. 25, 1939, ch. 87, § 3, 53 Stat. 591. In subsection (a) the word ‘‘outside’’ is omitted as surplusage and the words ‘‘architects or engineers’’ are inserted for clarity. The words ‘‘without advertising’’ are substituted for the reference to R.S. 3609, for brev- ity and clarity. Editorial Notes PRIOR PROVISIONS A prior section 8612, act Aug. 10, 1956, ch. 1041, 70A Stat. 531, provided for disposition of uniforms of en- listed members of Air Force who were discharged and for disposition of uniforms of and issuance of civilian clothing to enlisted members of Air Force who were discharged otherwise than honorably, prior to repeal by Pub. L. 90–235, § 8(2), Jan. 2, 1968, 81 Stat. 764. AMENDMENTS 2023—Subsec. (b). Pub. L. 118–31 substituted ‘‘10 per- cent’’ for ‘‘6 percent’’. 2018—Pub. L. 115–232 renumbered section 7212 of this title as this section. 1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of’’ for ‘‘5101–5115, 5331–5338, 5341, 5342, and 7204 of title 5 and subchapter VI of chapter 53 of such’’. 1978—Subsec. (a). Pub. L. 95–454, § 801(a)(3)(I), inserted reference to subchapter VI of chapter 53 of title 5. Pub. L. 95–454, § 703(c)(3), substituted ‘‘7204’’ for ‘‘7154’’. 1966—Subsec. (a). Pub. L. 89–718 substituted ‘‘sections 305, 3324, 5101–5115, 5331–5338, 5341, 5342, and 7154 of title 5’’ for ‘‘sections 1071–1153 of title 5’’. 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 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. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by section 703(c)(3) of Pub. L. 95–454 ef- fective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of Title 5, Government Organization and Employees. Amendment by section 801(a)(3)(I) of Pub. L. 95–454 ef- fective on first day of first applicable pay period begin- ning on or after 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of Title 5. § 8614. Apprehension of deserters and prisoners; operation of shore patrols (a) The Secretary of the Navy may make such expenditures out of available appropriations as he considers necessary to— (1) apprehend and deliver deserters, strag- glers, and prisoners; and (2) operate shore patrols. (b) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations. (Aug. 10, 1956, ch. 1041, 70A Stat. 445, § 7214; re- numbered § 8614, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7214 ......... 34 U.S.C. 606. Aug. 2, 1946, ch. 756, § 22, 60 Stat. 856. 5 U.S.C. 421g(d). Aug. 2, 1946, ch. 756, § 40(d), 60 Stat. 858. 5 U.S.C. 412a. Aug. 2, 1946, ch. 756, § 39, 60 Stat. 858. In subsection (a) the word ‘‘naval’’ is omitted as sur- plusage. In subsection (b) the words ‘‘except the authority to prescribe regulations’’ are omitted, since 34 U.S.C. 606 contains no authority for the Secretary of the Navy to prescribe regulations for the administration of that section. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7214 of this title as this section. 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. § 8616. Collection, preservation, and display of captured flags The Secretary of the Navy shall collect all flags, standards, and colors taken by the Navy or the Marine Corps from enemies of the United States. These flags, standards, and colors shall be delivered to the President. Under his direc- tion they shall be preserved and displayed in any public place he considers proper. (Aug. 10, 1956, ch. 1041, 70A Stat. 445, § 7216; re- numbered § 8616, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7216 ......... 5 U.S.C. 418. R.S. 428; R.S. 1554; R.S. 1555. Page 3308 TITLE 10—ARMED FORCES § 8617 The words ‘‘from time to time cause to be’’, ‘‘trans- mitted to him’’, and ‘‘for the purpose of being’’ are omitted as surplusage. The words ‘‘Marine Corps’’ are inserted for clarity, since the provision is interpreted as applicable thereto. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7216 of this title as this section. 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. § 8617. National Museum of the United States Navy (a) AUTHORITY TO SUPPORT DEVELOPMENT AND OPERATION OF MUSEUM.—(1) The Secretary of the Navy may select and enter into a contract, co- operative agreement, or other agreement with one or more eligible nonprofit organizations to support the development, design, construction, renovation, or operation of a multipurpose mu- seum to serve as the National Museum of the United States Navy. (2) The Secretary may— (A) authorize a partner organization to con- tract for each phase of development, design, construction, renovation, or operation of the museum, or all such phases; or (B) authorize acceptance of funds from a partner organization for each or all such phases. (b) PURPOSES OF MUSEUM.—(1) The museum shall be used for the identification, curation, storage, and public viewing of artifacts and art- work of significance to the Navy, as agreed to by the Secretary of the Navy. (2) The museum also may be used to support such education, training, research, and associ- ated activities as the Secretary considers com- patible with and in support of the museum and the mission of the Naval History and Heritage Command. (c) ACCEPTANCE UPON COMPLETION.—Upon the satisfactory completion, as determined by the Secretary of the Navy, of any phase of the mu- seum, and upon the satisfaction of any financial obligations incident thereto, the Secretary shall accept such phase of the museum from the part- ner organization, and all right, title, and inter- est in and to such phase of the museum shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over such phase of the museum. (d) LEASE AUTHORITY.—(1) The Secretary of the Navy may lease portions of the museum to an eligible nonprofit organization for use in gen- erating revenue for the support of activities of the museum and for such administrative pur- poses as may be necessary for support of the mu- seum. Such a lease may not include any part of the collection of the museum. (2) Any rent received by the Secretary under a lease under paragraph (1), including rent-in- kind, shall be used solely to cover or defray the costs of development, maintenance, or operation of the museum. (e) AUTHORITY TO ACCEPT GIFTS.—(1) The Sec- retary of the Navy may accept, hold, admin- ister, and spend any gift, devise, or bequest of real property, personal property, or money made on the condition that the gift, devise, or bequest be used for the benefit, or in connection with, the establishment, operation, or maintenance, of the museum. Section 2601 (other than sub- sections (b), (c), and (e)) of this title shall apply to gifts accepted under this subsection. (2) The Secretary may display at the museum recognition for an individual or organization that contributes money to a partner organiza- tion, or an individual or organization that con- tributes a gift directly to the Navy, for the ben- efit of the museum, whether or not the contribu- tion is subject to the condition that the recogni- tion be provided. The Secretary shall prescribe regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards. (3) The Secretary may authorize the sale of donated property received under paragraph (1). A sale under this paragraph need not be con- ducted in accordance with disposal requirements that would otherwise apply, so long as the sale is conducted at arms-length and includes an auditable transaction record. (4) Any money received under paragraph (1) and any proceeds from the sale of property under paragraph (3) shall be deposited into a fund established in the Treasury to support the museum. (f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the Navy may require such addi- tional terms and conditions in connection with a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d) as the Secretary considers appro- priate to protect the interests of the United States. (g) USE OF NAVY INDICATORS.—(1) In a con- tract, cooperative agreement, or other agree- ment under subsection (a) or a lease under sub- section (d), the Secretary of the Navy may au- thorize, consistent with section 2260 (other than subsection (d)) of this title, a partner organiza- tion to enter into licensing, marketing, and sponsorship agreements relating to Navy indica- tors, including the manufacture and sale of mer- chandise for sale by the museum, subject to the approval of the Department of the Navy. (2) No such licensing, marketing, or sponsor- ship agreement may be entered into if it would reflect unfavorably on the ability of the Depart- ment of the Navy, any of its employees, or any member of the armed forces to carry out any re- sponsibility or duty in a fair and objective man- ner, or if the Secretary determines that the use of the Navy indicator would compromise the in- tegrity or appearance of integrity of any pro- gram of the Department of the Navy. (h) DEFINITIONS.—In this section: (1) The term ‘‘eligible nonprofit organiza- tion’’ means an entity that— (A) qualifies as an exempt organization under section 501(c)(3) of the Internal Rev- enue Code of 1986; and