
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1043(d)]
[CITE: 10USC2572]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
CHAPTER 153--EXCHANGE OF MATERIAL AND DISPOSAL OF OBSOLETE, SURPLUS, OR 
                           UNCLAIMED PROPERTY
 
Sec. 2572. Documents, historical artifacts, and condemned or 
        obsolete combat materiel: loan, gift, or exchange
        
    (a) The Secretary concerned may lend or give items described in 
subsection (c) that are not needed by the military department concerned 
(or by the Coast Guard, in the case of the Secretary of Transportation), 
to any of the following:
        (1) A municipal corporation.
        (2) A soldiers' monument association.
        (3) A museum, historical society, or historical institution of a 
    State or a foreign nation.
        (4) An incorporated museum that is operated and maintained for 
    educational purposes only and the charter of which denies it the 
    right to operate for profit.
        (5) A post of the Veterans of Foreign Wars of the United States 
    or of the American Legion or a unit of any other recognized war 
    veterans' association.
        (6) A local or national unit of any war veterans' association of 
    a foreign nation which is recognized by the national government of 
    that nation (or by the government of one of the principal political 
    subdivisions of that nation).
        (7) A post of the Sons of Veterans Reserve.

    (b)(1) Subject to paragraph (2), the Secretary concerned may 
exchange items described in subsection (c) that are not needed by the 
armed forces for any of the following items or services if such items or 
services directly benefit the historical collection of the armed forces:
        (A) Similar items held by any individual, organization, 
    institution, agency, or nation.
        (B) Conservation supplies, equipment, facilities, or systems.
        (C) Search, salvage, or transportation services.
        (D) Restoration, conservation, or preservation services.
        (E) Educational programs.

    (2) The Secretary concerned may not make an exchange under paragraph 
(1) unless the monetary value of property transferred, or services 
provided, to the United States under the exchange is not less than the 
value of the property transferred by the United States. The Secretary 
concerned may waive the limitation in the preceding sentence in the case 
of an exchange of property for property in any case in which the 
Secretary determines that the item to be received by the United States 
in the exchange will significantly enhance the historical collection of 
the property administered by the Secretary.
    (c) This section applies to the following types of property held by 
a military department or the Coast Guard: books, manuscripts, works of 
art, historical artifacts, drawings, plans, models, and condemned or 
obsolete combat materiel.
    (d)(1) A loan or gift made under this section shall be subject to 
regulations prescribed by the Secretary concerned and to regulations 
under section 205 of the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 486).
    (2)(A) Except as provided in subparagraph (B), the United States may 
not incur any expense in connection with a loan or gift under subsection 
(a).
    (B) The Secretary concerned may, without cost to the recipient, 
demilitarize, prepare, and transport in the continental United States 
for donation to a recognized war veterans' association an item 
authorized to be donated under this section if the Secretary determines 
the demilitarization, preparation, and transportation can be 
accomplished as a training mission without additional budgetary 
requirements for the unit involved.

(Aug. 10, 1956, ch. 1041, 70A Stat. 143; Pub. L. 96-513, title V, 
Sec. 511(82), Dec. 12, 1980, 94 Stat. 2927; Pub. L. 100-456, div. A, 
title III, Sec. 324(a), Sept. 29, 1988, 102 Stat. 1954; Pub. L. 101-510, 
div. A, title III, Sec. 325, Nov. 5, 1990, 104 Stat. 1531; Pub. L. 102-
484, div. A, title III, Sec. 373, Oct. 23, 1992, 106 Stat. 2385; Pub. L. 
103-337, div. A, title X, Sec. 1071, Oct. 5, 1994, 108 Stat. 2859; Pub. 
L. 104-106, div. A, title III, Sec. 372, Feb. 10, 1996, 110 Stat. 280.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2572..................................  5:150p.                              Ma
y 22, 1896, ch. 231; restated May
                                                                              2
6, 1928, ch. 785; restated Feb.
                                                                              2
8, 1933, ch. 137; restated June
                                                                              1
9, 1940, ch. 398; July 31, 1947,
                                                                              c
h. 421; restated Feb. 27, 1948,
                                                                              c
h. 76, Sec.  1, 62 Stat. 37; Oct.
                                                                              3
1, 1951, ch. 654, Sec.  2(2), 65
                                                                              S
tat. 706.
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---------------------------------

    The word ``may'' is substituted for the words ``are each authorized, 
in their discretion''. The reference to posts of the Grand Army of the 
Republic is omitted, since that organization disbanded in 1950. The 
words ``under regulations to be prescribed by him'' are substituted for 
the words ``subject to rules and regulations covering the same in each 
department''. The words ``without expense to the United States'' are 
substituted for the words ``and the Government shall be at no expense in 
connection with any such loan or gift''. The words ``local unit'' are 
inserted in clause (7) to conform to clauses (5), (6), and (8).


                               Amendments

    1996--Subsec. (b)(1). Pub. L. 104-106 substituted ``not needed by 
the armed forces for any of the following items or services if such 
items or services directly benefit the historical collection of the 
armed forces:'' for ``not needed by the armed forces for similar items 
held by any individual, organization, institution, agency, or nation or 
for search, salvage, transportation, and restoration services which 
directly benefit the historical collection of the armed forces.'' and 
added subpars. (A) to (E).
    1994--Subsec. (b)(1). Pub. L. 103-337 inserted ``transportation,'' 
after ``salvage,''.
    1992--Subsec. (d)(2). Pub. L. 102-484 designated existing provisions 
as subpar. (A), substituted ``Except as provided in subparagraph (B), 
the'' for ``The'', and added subpar. (B).
    1990--Subsec. (b)(1). Pub. L. 101-510, Sec. 325(1), inserted before 
period at end ``or for search, salvage, and restoration services which 
directly benefit the historical collection of the armed forces''.
    Subsec. (b)(2). Pub. L. 101-510, Sec. 325(2), inserted ``, or 
services provided,'' after ``monetary value of property transferred'' in 
first sentence and ``in the case of an exchange of property for 
property'' after ``preceding sentence'' in second sentence.
    1988--Pub. L. 100-456 substituted ``Documents, historical artifacts, 
and condemned or obsolete combat materiel: loan, gift, or exchange'' for 
``Condemned or obsolete material: loan or gift to certain 
organizations'' in section catchline, and amended text generally. Prior 
to amendment, text read as follows: ``Subject to regulations under 
section 205 of the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 486), the Secretary of a military department, or the 
Secretary of Transportation, under regulations to be prescribed by him, 
may lend or give, without expense to the United States, books, 
manuscripts, works of art, drawings, plans, models, and condemned or 
obsolete combat material that are not needed by that department to--
        ``(1) a municipal corporation;
        ``(2) a soldiers' monument association;
        ``(3) a State museum;
        ``(4) an incorporated museum, operated and maintained for 
    educational purposes only, whose charter denies it the right to 
    operate for profit;
        ``(5) a post of the Veterans of Foreign Wars of the United 
    States;
        ``(6) a post of the American Legion;
        ``(7) a local unit of any other recognized war veterans' 
    association; or
        ``(8) a post of the Sons of Veterans Reserve.''
    1980--Pub. L. 96-513 substituted ``section 205 of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 486), the 
Secretary of a military department or the Secretary of Transportation'' 
for ``section 486 of title 40, the Secretary of a military department or 
the Secretary of the Treasury''.


                    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.


Moratorium on the Return of Veterans Memorial Objects to Foreign Nations 
                  Without Specific Authorization in Law

    Pub. L. 106-65, div. A, title X, Sec. 1051, Oct. 5, 1999, 113 Stat. 
763, provided that:
    ``(a) Prohibition.--Notwithstanding section 2572 of title 10, United 
States Code, and any other provision of law, during the moratorium 
period specified in subsection (c) the President may not transfer a 
veterans memorial object to a foreign country or an entity controlled by 
a foreign government, or otherwise transfer or convey such an object to 
any person or entity for purposes of the ultimate transfer or conveyance 
of the object to a foreign country or entity controlled by a foreign 
government, unless such transfer is specifically authorized by law.
    ``(b) Definitions.--In this section:
        ``(1) Entity controlled by a foreign government.--The term 
    `entity controlled by a foreign government' has the meaning given 
    that term in section 2536(c)(1) of title 10, United States Code.
        ``(2) Veterans memorial object.--The term `veterans memorial 
    object' means any object, including a physical structure or portion 
    thereof, that--
            ``(A) is located at a cemetery of the National Cemetery 
        System, war memorial, or military installation in the United 
        States;
            ``(B) is dedicated to, or otherwise memorializes, the death 
        in combat or combat-related duties of members of the United 
        States Armed Forces; and
            ``(C) was brought to the United States from abroad as a 
        memorial of combat abroad.
    ``(c) Period of Moratorium.--The moratorium period for the purposes 
of this section is the period beginning on the date of the enactment of 
this Act [Oct. 5, 1999] and ending on September 30, 2001.''

                  Section Referred to in Other Sections

    This section is referred to in section 7545 of this title.
