10 U.S.C. § 8765 — Obsolete material and articles of histor-

Page 3382 TITLE 10—ARMED FORCES § 8765 (Aug. 10, 1956, ch. 1041, 70A Stat. 465, § 7544; re- numbered § 8764, Pub. L. 115–232, div. A, title VIII, § 807(d)(8), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7544 ......... 34 U.S.C. 546i. Aug. 7, 1946, ch. 804, § 4, 60 Stat. 898. The words ‘‘such * * * as he may in his discretion de- termine’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7544 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. § 8765. Obsolete material and articles of histor- ical interest: loan or gift (a) AUTHORITY TO MAKE LOANS AND GIFTS.— The Secretary of the Navy may lend or give, without expense to the United States, items de- scribed in subsection (b) that are not needed by the Department of the Navy to any of the fol- lowing: (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 grad- uates 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’ asso- ciation. (12) A post of the Sons of Veterans Reserve. (b) ITEMS ELIGIBLE FOR DISPOSAL.—This sec- tion applies to the following types of property held by the Department of the Navy: (1) Captured, condemned, or obsolete ord- nance 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 pre- scribed by the Secretary and to regulations under section 121 of title 40. (d) MAINTENANCE OF THE RECORDS OF THE GOV- ERNMENT.—Records of the Government as de- fined in section 3301 of title 44 may not be dis- posed 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 ei- ther section. (f) AUTHORITY TO TRANSFER A PORTION OF A VESSEL.—The Secretary may lend, give, or oth- erwise transfer any portion of the hull or super- structure 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 histor- ical value of the material or bring discredit upon the Navy. (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.) HISTORICAL AND REVISION NOTES 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 sen- tence as applicable to 34 U.S.C. 546g). Aug. 7, 1946, ch. 804, § 3 (last sentence as appli- cable to § 2), 60 Stat. 897. 34 U.S.C. 546k (1st sen- tence as applicable to 34 U.S.C. 546g, and 3d sentence). Aug. 7, 1946, ch. 804, § 6 (1st sentence as appli- cable to § 2, and 3d sen- tence), 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 sta- tus of Puerto Rico. Specific reference to the Canal Zone is omitted as unnecessary, since the Zone is a ‘‘posses- sion 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 ‘‘Terri- tory,’’ after ‘‘A State,’’. 2002—Subsec. (c). Pub. L. 107–217, as amended by Pub. L. 107–314, substituted ‘‘section 121 of title 40’’ for ‘‘sec- tion 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 Page 3383 TITLE 10—ARMED FORCES § 8767 provisions which read as follows: ‘‘Subject to regula- tions under section 205 of the Federal Property and Ad- ministrative 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 ma- terial, books, manuscripts, works of art, drawings, plans, and models, other condemned or obsolete mate- rial, 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), cap- italized 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 ‘‘serv- icemen’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) redesig- nated (d) and (e), respectively. Subsec. (d). Pub. L. 107–107, § 1043(b)(1), (c)(1), redesig- nated subsec. (b) as (d) and inserted heading. Subsec. (e). Pub. L. 107–107, § 1043(b)(1), (c)(2), redesig- nated 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 sec- tion 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 Con- gress have expired after the notice was sent to Con- gress; 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 Administra- tive Services Act of 1949 (40 U.S.C. 486),’’ for ‘‘section 486 of title 40’’. Subsec. (b). Pub. L. 96–513, § 513(40), substituted ‘‘sec- tion 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. § 8766. Loan or gift of articles to ships’ sponsors and donors The Secretary of the Navy, under regulations prescribed by him and without expense to the United States, may lend or give— (1) to the sponsor of a vessel the name plate or any small article of negligible or senti- mental value from that vessel; and (2) to any State, group, or organization named in section 8765 of this title any article, material, or equipment, including silver serv- ice, given by it. (Aug. 10, 1956, ch. 1041, 70A Stat. 466, § 7546; re- numbered § 8766 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(8), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7546 ......... 34 U.S.C. 546h (less appli- cability to 34 U.S.C. 546g). Aug. 7, 1946, ch. 804, § 3 (less applicability to § 2), 60 Stat. 898. The words ‘‘the sponsor’’ are substituted for the words ‘‘any individual who sponsored’’ for brevity. The word ‘‘ship’’ and the word ‘‘person’’ are omitted as sur- plusage. The words ‘‘the loans or gifts described in this section shall be made’’ are omitted as unnecessary, and the words ‘‘under regulations prescribed by him’’ are substituted for the words ‘‘subject to such rules and regulations as may be prescribed by the Secretary of the Navy’’ for brevity. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(d)(8), renumbered section 7546 of this title as this section. Par. (2). Pub. L. 115–232, § 809(a), substituted ‘‘section 8765’’ for ‘‘section 7545’’. 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. § 8767. Equipment for instruction in seamanship: loan to military schools (a) Upon the application of the governor of any State having a seacoast or bordering on any of the Great Lakes, the President may direct the Secretary of the Navy to lend to one well-es- tablished military school in that State that de- sires to instruct its cadets in elementary sea- manship one fully equipped cutter for every 25 cadets attending the school, and such other equipment adequate for instruction in elemen- tary seamanship as may be spared. (b) To be eligible for a loan under this section a school must— (1) have adequate facilities for cutter drill; (2) have at least 75 cadets— (A) at least 15 years of age; (B) in uniform; (C) receiving military instruction; and (D) quartered in barracks under military regulations; and (3) have the capacity to quarter and educate 150 cadets at one time. (c) Whenever a loan is made under this sec- tion, the Secretary shall require a bond in dou- ble the value of the property for its care and re- turn when required. (Aug. 10, 1956, ch. 1041, 70A Stat. 466, § 7547; re- numbered § 8767, Pub. L. 115–232, div. A, title VIII, § 807(d)(8), Aug. 13, 2018, 132 Stat. 1836.)