10 U.S.C. § 2575 — Disposition of unclaimed property

Page 2001 TITLE 10—ARMED FORCES § 2575 the authority provided by this section to acquire an historical artifact that directly benefitted the histor- ical collection of the Armed Forces in exchange for any obsolete or surplus property held by that military de- partment, without regard to whether the property was described in subsec. (c) of this section. MORATORIUM ON THE RETURN OF VETERANS MEMORIAL OBJECTS TO FOREIGN NATIONS WITHOUT SPECIFIC AU- THORIZATION IN LAW Pub. L. 106–65, div. A, title X, § 1051, Oct. 5, 1999, 113 Stat. 763, as amended by Pub. L. 109–163, div. A, title X, § 1061, Jan. 6, 2006, 119 Stat. 3445, established a morato- rium period during which the President was prohibited from transferring a veterans memorial object to a for- eign country or an entity controlled by a foreign gov- ernment unless specifically authorized by law, prior to repeal by Pub. L. 112–239, div. A, title III, § 355(b), Jan. 2, 2013, 126 Stat. 1702. [§ 2573. Repealed. Pub. L. 96–513, title V, § 511(83)(A), Dec. 12, 1980, 94 Stat. 2927] Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 143, re- lated to transfer of excess property to the Canal Zone Government. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. § 2574. Armament: sale of individual pieces A piece of armament that can be advan- tageously replaced, and that is not needed for its historical value, may be sold by the military department having jurisdiction over it for not less than cost, if the Secretary concerned con- siders that there are adequate sentimental rea- sons for the sale. (Aug. 10, 1956, ch. 1041, 70A Stat. 144.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2574 ......... 10:1262b. 34:545. 50:69. Mar. 2, 1905, ch. 1307 (last 55 words of last par. under ‘‘Ordnance De- partment’’), 33 Stat. 841. The words ‘‘by the military department having juris- diction over it’’ are inserted for clarity. The words ‘‘if the Secretary concerned considers’’ are substituted for the words ‘‘when there exist * * * in the judgment of the Secretary’’. § 2575. Disposition of unclaimed property (a) The Secretary of any military department, and the Secretary of Homeland Security, under such regulations as they may respectively pre- scribe, may each by public or private sale or otherwise, dispose of all lost, abandoned, or un- claimed personal property that comes into the custody or control of the Secretary’s depart- ment, other than property subject to section 7712, 8392, or 9712 of this title or subject to sub- section (c). However, property may not be dis- posed of until diligent effort has been made to find the owner (or the heirs, next of kin, or legal representative of the owner). The diligent effort to find the owner (or the heirs, next of kin, or legal representative of the owner) shall begin, to the maximum extent practicable, not later than seven days after the date on which the property comes into the custody or control of the Sec- retary. The period for which that effort is con- tinued may not exceed 45 days. If the owner (or the heirs, next of kin, or legal representative of the owner) is determined but not found, the property may not be disposed of until the expi- ration of 45 days after the date when notice, giv- ing the time and place of the intended sale or other disposition, has been sent by certified or registered mail to that person at his last known address. When diligent effort to determine the owner (or heirs, next of kin, or legal representa- tive of the owner) is unsuccessful, the property may be disposed of without delay, except that if it has a fair market value of more than $300, the Secretary may not dispose of the property until 45 days after the date it is received at a storage point designated by the Secretary. (b)(1) In the case of lost, abandoned, or un- claimed personal property found on a military installation, the proceeds from the sale of the property under this section shall be credited to the operation and maintenance account of that installation and used— (A) to reimburse the installation for any costs incurred by the installation to collect, transport, store, protect, or sell the property; and (B) to the extent that the amount of the pro- ceeds exceeds the amount necessary for reim- bursing all such costs, to support morale, wel- fare, and recreation activities under the juris- diction of the armed forces that are conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the armed forces at such installation. (2) The net proceeds from the sale of other property under this section shall be covered into the Treasury as miscellaneous receipts. (c) No property covered by this section may be delivered to the Armed Forces Retirement Home by the Secretary of a military department, ex- cept papers of value, sabers, insignia, decora- tions, medals, watches, trinkets, manuscripts, and other articles valuable chiefly as keepsakes. (d)(1) The owner (or heirs, next of kin, or legal representative of the owner) of personal prop- erty the proceeds of which are credited to a military installation under subsection (b)(1) may file a claim with the Secretary of Defense for the amount equal to the proceeds (less costs referred to in subparagraph (A) of such sub- section). Amounts to pay the claim shall be drawn from the morale, welfare, and recreation account for the installation that received the proceeds. (2) The owner (or heirs, next of kin, or legal representative of the owner) may file a claim with the Secretary of Defense for proceeds cov- ered into the Treasury under subsection (b)(2). (3) Unless a claim is filed under this sub- section within 5 years after the date of the dis- posal of the property to which the claim relates, the claim may not be considered by a court, the Secretary of Defense (in the case of a claim filed under paragraph (1)), or the Secretary of Defense (in the case of a claim filed under paragraph (2)). (Aug. 10, 1956, ch. 1041, 70A Stat. 144; Pub. L. 89–143, Aug. 28, 1965, 79 Stat. 581; Pub. L. 96–513, Page 2002 TITLE 10—ARMED FORCES § 2575 title V, § 511(84), Dec. 12, 1980, 94 Stat. 2927; Pub. L. 101–189, div. A, title III, § 322(a), (b), title XVI, § 1622(f)(1), Nov. 29, 1989, 103 Stat. 1413, 1605; Pub. L. 101–510, div. A, title XV, § 1533(a)(2), Nov. 5, 1990, 104 Stat. 1733; Pub. L. 104–106, div. A, title III, § 374(a), Feb. 10, 1996, 110 Stat. 281; Pub. L. 104–316, title II, § 202(d), Oct. 19, 1996, 110 Stat. 3842; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2575(a) ..... 5:150e. 5:150h. Apr. 14, 1949, ch. 50, 63 Stat. 45. [Uncodified: Apr. 14, 1949, ch. 50, § 6, 63 Stat. 45]. 2575(b) ..... 5:150f. 5:150g. 2575(c) ..... 5:150i. In subsection (a), the words ‘‘under such regulations as they may respectively prescribe’’ are substituted for 5:150h. The words ‘‘other than property * * * subject to subsection (c)’’ of this section are substituted for the words ‘‘subject to the provisions of section 150i of this title’’. The words ‘‘other than property subject to sec- tions 4712, 4713, 6522, 9712, or 9713 of this title’’ are in- serted, since uncodified section 6 of the source statute provided that the source statute for this revised section did not repeal or amend the source statutes for those revised sections. The words ‘‘that comes into’’ are sub- stituted for the words ‘‘which is now or may hereafter come into’’. The word ‘‘possession’’ is omitted as cov- ered by the words ‘‘custody or control’’. The words ‘‘However, property may not be disposed of until’’ are inserted for clarity. The word ‘‘find’’ is substituted for the words ‘‘determine and locate’’. The words ‘‘until the expiration’’ are substituted for the words ‘‘prior to the expiration of a period’’. The words ‘‘determined but not found’’ are substituted for the words ‘‘have or has been determined’’. The words ‘‘or owners’’, ‘‘or rep- resentatives’’, and ‘‘sold or otherwise’’ are omitted as surplusage. In subsection (b), the words ‘‘may file * * * within five years’’ are substituted for the words ‘‘may be filed * * * at any time prior to the expiration of five years’’, in 5:150g, since the claim must be disallowed if not filed within that period. The words ‘‘If not filed within that period’’ are substituted for the words ‘‘If claims are not filed prior to the expiration of five years from the date of the disposal of the property’’, in 5:150g. The words ‘‘such a claim may not be considered’’ are substituted for the words ‘‘they shall be barred from being acted on’’, in 5:150g. In subsection (c), the words ‘‘No property * * * may * * * except’’ are substituted for the words ‘‘Any prop- erty * * * shall be limited’’. The last sentence is sub- stituted for 5:150i (proviso). Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–232 substituted ‘‘section 7712, 8392, or 9712’’ for ‘‘section 4712, 6522, or 9712’’. 2002—Subsec. (a). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1996—Subsec. (b). Pub. L. 104–106, § 374(a)(1), added subsec. (b) and struck out former subsec. (b) which read as follows: ‘‘The net proceeds from the sale of property under this section shall be covered into the Treasury as miscellaneous receipts. The owner (or the heirs, next of kin, or legal representative of the owner) may file a claim for those proceeds with the General Accounting Office within five years after the date of the disposal of the property. If not filed within that period, such a claim may not be considered by a court or the General Accounting Office.’’ Subsec. (d). Pub. L. 104–106, § 374(a)(2), added subsec. (d). Subsec. (d)(2), (3). Pub. L. 104–316 substituted ‘‘Sec- retary of Defense’’ for ‘‘Comptroller General of the United States’’. 1990—Subsec. (a). Pub. L. 101–510, § 1533(a)(2)(A), sub- stituted ‘‘section 4712, 6522, or 9712’’ for ‘‘section 4712, 4713, 6522, 9712, or 9713’’. Subsec. (c). Pub. L. 101–510, § 1533(a)(2)(B), substituted ‘‘Armed Forces Retirement Home’’ for ‘‘United States Soldiers’ and Airmen’s Home’’ and ‘‘Secretary of a military department’’ for ‘‘Secretary of the Army or the Secretary of the Air Force’’ and struck out at end ‘‘The Home shall deliver the property to the owner (or the heirs, next of kin, or legal representative of the owner), if that person establishes a right to it within two years after its receipt by the Home.’’ 1989—Subsec. (a). Pub. L. 101–189, § 1622(f)(1), struck out ‘‘of this section’’ after ‘‘subsection (c)’’. Pub. L. 101–189, § 322(b)(2)(A), substituted ‘‘the Sec- retary’s department’’ for ‘‘his department’’. Pub. L. 101–189, § 322(b)(1), substituted ‘‘owner (or the heirs, next of kin, or legal representative of the owner)’’ for ‘‘owner, his heirs or next of kin, or his legal representative’’ in two places. Pub. L. 101–189, § 322(a)(3), inserted after second sen- tence: ‘‘The diligent effort to find the owner (or the heirs, next of kin, or legal representative of the owner) shall begin, to the maximum extent practicable, not later than seven days after the date on which the prop- erty comes into the custody or control of the Sec- retary. The period for which that effort is continued may not exceed 45 days.’’ Pub. L. 101–189, § 322(a)(1), substituted ‘‘45 days’’ for ‘‘120 days’’. Pub. L. 101–189, § 322(b)(2)(B), substituted ‘‘owner (or heirs, next of kin, or legal representative of the owner)’’ for ‘‘owner, his heirs or next of kin, or his legal representatives’’ after ‘‘When diligent effort to determine the’’. Pub. L. 101–189, § 322(a)(2), substituted ‘‘more than $300, the Secretary may not dispose of the property until 45 days’’ for ‘‘$25 or more the property may not be disposed of until three months’’. Subsec. (b). Pub. L. 101–189, § 322(b)(1), substituted ‘‘owner (or the heirs, next of kin, or legal representa- tive of the owner)’’ for ‘‘owner, his heirs or next of kin, or his legal representative’’. Subsec. (c). Pub. L. 101–189, § 322(b)(1), (3), substituted ‘‘owner (or the heirs, next of kin, or legal representa- tive of the owner)’’ for ‘‘owner, his heirs or next of kin, or his legal representative’’, and ‘‘that person’’ for ‘‘he’’ before ‘‘establishes a right’’. 1980—Subsec. (a). Pub. L. 96–513, § 511(84)(A), sub- stituted ‘‘Secretary of Transportation’’ for ‘‘Secretary of the Treasury’’. Subsec. (c). Pub. L. 96–513, § 511(84)(B), substituted ‘‘United States Soldiers’ and Airmen’s Home’’ for ‘‘Sol- diers’ Home’’. 1965—Subsec. (a). Pub. L. 89–143 provided for notice by certified mail and substituted provision for disposition of property without delay when diligent effort to deter- mine ownership is unsuccessful and after three months following receipt at designated storage point of prop- erty with fair market value of $25 or more, for former provision for disposition of property one year after re- ceipt at designated storage point. 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 Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Page 2003 TITLE 10—ARMED FORCES § 2576 Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–510 effective one year after Nov. 5, 1990, see section 1541 of Pub. L. 101–510, for- merly set out as an Effective Date note under section 401 of Title 24, Hospitals and Asylums. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–189, div. A, title III, § 322(c), Nov. 29, 1989, 103 Stat. 1414, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to property that comes into the custody or control of the Secretary of a military department or the Secretary of Transportation after the date of the enactment of this Act [Nov. 29, 1989].’’ 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. § 2576. Surplus military equipment: sale to State and local law enforcement, firefighting, homeland security, and emergency manage- ment agencies (a) The Secretary of Defense, under regula- tions prescribed by him, may sell to State and local law enforcement, firefighting, homeland security, and emergency management agencies, at fair market value, pistols, revolvers, shot- guns, rifles of a caliber not exceeding .30, ammu- nition for such firearms, gas masks, personal protective equipment, and other appropriate equipment which (1) are suitable for use by such agencies in carrying out law enforcement, fire- fighting, homeland security, and emergency management activities, and (2) have been deter- mined to be surplus property under subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. (b) Such surplus military equipment shall not be sold under the provisions of this section to a State or local law enforcement, firefighting, homeland security, or emergency management agency unless request therefor is made by such agency, in such form and manner as the Sec- retary of Defense shall prescribe, and such re- quest, with respect to the type and amount of equipment so requested, is certified as being necessary and suitable for the operation of such agency by the Governor (or such State official as he may designate) of the State in which such agency is located. Equipment sold to a State or local law enforcement, firefighting, homeland security, or emergency management agency under this section shall not exceed, in quantity, the amount requested and certified for such agency and shall be for the exclusive use of such agency. Such equipment may not be sold, or otherwise transferred, by such agency to any in- dividual or public or private organization or agency. (Added Pub. L. 90–500, title IV, § 403(a) Sept. 20, 1968, 82 Stat. 851; amended Pub. L. 96–513, title V, § 511(85), Dec. 12, 1980, 94 Stat. 2927; Pub. L. 107–217, § 3(b)(10), Aug. 21, 2002, 116 Stat. 1296; Pub. L. 111–350, § 5(b)(42), Jan. 4, 2011, 124 Stat. 3846; Pub. L. 111–383, div. A, title X, § 1072(a)–(c)(1), Jan. 7, 2011, 124 Stat. 4366.) Editorial Notes AMENDMENTS 2011—Pub. L. 111–383, § 1072(c)(1), substituted ‘‘Surplus military equipment: sale to State and local law en- forcement, firefighting, homeland security, and emer- gency management agencies’’ for ‘‘Surplus military equipment: sale to State and local law enforcement and firefighting agencies’’ in section catchline. Subsec. (a). Pub. L. 111–383, § 1072(a)(1), (b), sub- stituted ‘‘State and local law enforcement, firefighting, homeland security, and emergency management agen- cies’’ for ‘‘State and local law enforcement and fire- fighting agencies’’, ‘‘personal protective equipment, and other appropriate equipment’’ for ‘‘and protective body armor’’, and ‘‘in carrying out law enforcement, firefighting, homeland security, and emergency man- agement activities’’ for ‘‘in carrying out law enforce- ment and firefighting activities’’. Pub. L. 111–350 substituted ‘‘division C (except sec- tions 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ for ‘‘title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’. Subsec. (b). Pub. L. 111–383, § 1072(a)(2), substituted ‘‘State or local law enforcement, firefighting, home- land security, or emergency management agency’’ for ‘‘State or local law enforcement or firefighting agen- cy’’ in two places. 2002—Subsec. (a). Pub. L. 107–217 inserted ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Federal Property and Administrative Services Act of 1949’’ and sub- stituted ‘‘(41 U.S.C. 251 et seq.)’’ for ‘‘(40 U.S.C. 471 et seq.)’’. 1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘under’’ for ‘‘pursuant to’’, and ‘‘(40 U.S.C. 471 et seq.)’’ for ‘‘(68 Stat. 377), as amended’’. Statutory Notes and Related Subsidiaries 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. TRANSFER OF EXCESS AIRCRAFT TO OTHER DEPART- MENTS OF THE FEDERAL GOVERNMENT AND TO STATES Pub. L. 112–239, div. A, title X, § 1091, Jan. 2, 2013, 126 Stat. 1971, as amended by Pub. L. 117–263, div. A, title X, § 1060, Dec. 23, 2022, 136 Stat. 2781, provided that: ‘‘(a) TRANSFER.—The Secretary of Defense may trans- fer excess aircraft specified in subsection (b) to the Sec- retary of Agriculture for use by the Forest Service, to the Secretary of Homeland Security for use by the United States Coast Guard, and to the Governor of a State. The transfer of any excess aircraft under this subsection shall be without reimbursement. ‘‘(b) AIRCRAFT.—The aircraft transferred under sub- section (a) are aircraft of the Department of Defense that are— ‘‘(1) identified by the Forest Service, the United States Coast Guard, or the Governor of a State, as the case may be, as a suitable platform to carry out wildfire suppression, search and rescue, or emergency operations pertaining to wildfires; ‘‘(2) excess to the needs of the Department of De- fense, as determined by the Secretary of Defense; ‘‘(3) in the case of aircraft to be transferred to the Secretary of Agriculture, acceptable for use by the Forest Service, as determined by the Secretary of Ag- riculture; ‘‘(4) in the case of aircraft to be transferred to the Secretary of Homeland Security, acceptable for use by the United States Coast Guard, as determined by the Secretary of Homeland Security; and ‘‘(5) in the case of aircraft to be transferred to the Governor of a State, acceptable for use by the State, as determined by the Governor. ‘‘(c) ORDER OF TRANSFERS.—