10 U.S.C. § 2790 — Recovery of improperly disposed of De-

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 of the United States may seize the prop- erty, wherever found, subject to applicable regu- lations. Possession of such property furnished by the United States to a member of the armed forces by a person who is neither a member of the armed forces, nor an officer of the United States, is prima facie evidence that the property has been disposed of in violation of subsection (a). (c) DELIVERY OF SEIZED PROPERTY.—If an offi- cer who seizes property under subsection (b) is not authorized to retain it for the United States, the officer shall deliver the property to a person who is authorized to retain it. (Added Pub. L. 110–181, div. A, title III, § 375(a), Jan. 28, 2008, 122 Stat. 83.) § 2790. Recovery of improperly disposed of De- partment of Defense property (a) PROHIBITION.—No member of the armed forces, civilian employee of the United States Government, contractor personnel, or other per- son may sell, lend, pledge, barter, or give any clothing, arms, articles, equipment, or other military or Department of Defense property ex- cept in accordance with the statutes and regula- tions governing Government property. (b) TRANSFER OF TITLE OR INTEREST INEFFEC- TIVE.—If property has been disposed of in viola- tion 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 Fed- eral, 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 ap- plies, 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 prop- erty 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 war- rant 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 ex- hibits; 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 posses- sion of which could undermine national secu- rity 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 dis- trict in which the property is located, or the dis- trict in which the person in possession of the property resides or is subject to service, shall have jurisdiction, regardless of the current ap- proximated or estimated value of the property, to determine whether property was disposed of in violation of subsection (a). Any such deter- mination shall be by a preponderance of the evi- dence. (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 sei- zure of the property, as long as the United States files an action seeking such determina- tion 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 fire- arm, ammunition, or ammunition component, or firearm part or accessory that is not prohib- ited 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 Page 2212 TITLE 10—ARMED FORCES [§ 2791 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 stat- utes and regulations governing Government property in effect at the time of the disposal of such property. (2) Any significant military equipment dis- posed of on or after January 1, 2002, in a man- ner that is not in accordance with statutes and regulations governing Government prop- erty 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 author- ity 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 equip- ment’’ means defense articles on the United States Munitions List for which special export controls are warranted because of their capac- ity for substantial military utility or capa- bility. (2) The term ‘‘museum’’ has the meaning given that term in section 273(1) of the Mu- seum Services Act (20 U.S.C. 9172(1)). (3) The term ‘‘fully demilitarized’’ means, with respect to equipment or material, the de- struction of the military offensive or defensive advantages inherent in the equipment or ma- terial, including, at a minimum, the destruc- tion or disabling of key points of such equip- ment or material, such as the fuselage, tail as- sembly, wing spar, armor, radar and radomes, armament and armament provisions, oper- ating 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. (Added Pub. L. 111–383, div. A, title III, § 355(a), Jan. 7, 2011, 124 Stat. 4195; amended Pub. L. 112–239, div. A, title X, § 1076(e)(5), Jan. 2, 2013, 126 Stat. 1951.) Editorial Notes AMENDMENTS 2013—Subsec. (g)(1). Pub. L. 112–239 substituted ‘‘after January 6, 2011,’’ for ‘‘on or after the date of the enact- ment of the Ike Skelton National Defense Authoriza- tion Act for Fiscal Year 2011’’. [CHAPTER 167—REPEALED] [§ 2791. Repealed. Pub. L. 104–201, div. A, title XI, § 1121(b), Sept. 23, 1996, 110 Stat. 2687] Section, added Pub. L. 97–295, § 1(50)(C), Oct. 12, 1982, 96 Stat. 1299, related to establishment and duties of De- fense Mapping Agency. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as an Effective Date of 1996 Amend- ment note under section 193 of this title. [§ 2792. Renumbered § 451] [§ 2793. Renumbered § 452] [§ 2794. Renumbered § 453] [§ 2795. Renumbered § 454] [§ 2796. Renumbered § 455] [§ 2797. Repealed. Pub. L. 104–201, div. A, title XI, § 1121(b), Sept. 23, 1996, 110 Stat. 2687] Section, added Pub. L. 103–337, div. A, title X, § 1074(a), Oct. 5, 1994, 108 Stat. 2861, related to unauthor- ized use of Defense Mapping Agency name, initials, or seal. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as an Effective Date of 1996 Amend- ment note under section 193 of this title. [§ 2798. Renumbered § 456] CHAPTER 169—MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING Subchapter Sec. I. Military Construction ........................... 2801 II. Military Family Housing ...................... 2821 III. Administration of Military Construc- tion and Military Family Housing. .... 2851 IV. Alternative Authority for Acquisition and Improvement of Military Housing 2871 V. Oversight of Landlords and Protections and Responsibilities for Tenants of Privatized Military Housing .............. 2890 Editorial Notes AMENDMENTS 2019—Pub. L. 116–92, div. B, title XXX, § 3011(c)(2), Dec. 20, 2019, 133 Stat. 1920, added item for subchapter V. 1996—Pub. L. 104–106, div. B, title XXVIII, § 2801(a)(2), Feb. 10, 1996, 110 Stat. 551, added item for subchapter IV. SUBCHAPTER I—MILITARY CONSTRUCTION Sec. 2801. Scope of chapter; definitions. 2802. Military construction projects. 2803. Emergency construction. 2804. Contingency construction. 2805. Unspecified minor construction. 2806. Contributions for North Atlantic Treaty Or- ganizations Security Investment. 2807. Architectural and engineering services and construction design. 2808. Construction authority in the event of a dec- laration of war or national emergency. 2809. Long-term facilities contracts for certain ac- tivities and services. 2810. Military construction projects for innovation, research, development, test, and evalua- tion. 2811. Repair of facilities. 2812. Lease-purchase of facilities.