§ 2572. Documents, historical artifacts, and condemned or obsolete combat materiel: loan, gift, or exchange

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 143 · 70A Stat. 143

   Enacted · 10 U.S.C. § 2572

   Aug. 10, 1956, ch. 1041, 70A Stat. 143

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 143

2. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title V § 511(82) · 94 Stat. 2835

   Substituted · 10 U.S.C. § 2572

   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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (82) Section 2572 is amended by striking out “section 486 of title 40, the Secretary of a military department or the Secretary of the Treasury” and inserting in lieu thereof “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”.

3. 1988

   National Defense Authorization Act, Fiscal Year 1989

   Pub. L. 100–456 div. A title III § 324(a) · 102 Stat. 1918

   1. Substituted · 10 U.S.C. § 2572

      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

   2. Amended · 10 U.S.C. § 2572

      Pub. L. 100–456 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—

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (a) Authority.— Section 2572 of title 10, United States Code, is amended to read as follows: “§ 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 similar items held by any individual, organization, institution, agency, or nation. “(2) The Secretary concerned may not make an exchange under paragraph (1) unless the monetary value of property transferred 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 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) The United States may not incur any expense in connection with a loan or gift under subsection (a).”.

4. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 325(1) · 104 Stat. 1485

   Inserted · 10 U.S.C. § 2572(b)(1)

   Pub. L. 101–510, § 325(1), inserted before period at end “or for search, salvage, and restoration services which directly benefit the historical collection of the armed forces”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 101–510, § 325(1), inserted before period at end “or for search, salvage, and restoration services which directly benefit the historical collection of the armed forces”.

   Enacted provision · exact public law section
   (1) by striking out the period at the end of paragraph (1) and inserting in lieu thereof “or for search, salvage, and restoration services which directly benefit the historical collection of the armed forces.”; and

5. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 325(2) · 104 Stat. 1485

   Inserted · 10 U.S.C. § 2572(b)(2)

   Pub. L. 101–510, § 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

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 101–510, § 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.

   Enacted provision · exact public law section
   (2) in paragraph (2)— (A) by inserting “, or services provided,” in the first sentence after “property transferred” the first place it appears; and (B) by inserting “in the case of an exchange of property for property” in the second sentence after “preceding sentence”.

6. 1992

   National Defense Authorization Act for Fiscal Year 1993

   Pub. L. 102–484 div. A title III § 373 · 106 Stat. 2315

   1. Amended · 10 U.S.C. § 2572(d)(2)

      Pub. L. 102–484 designated existing provisions as subpar. (A)

   2. Substituted · 10 U.S.C. § 2572(d)(2)

      Pub. L. 102–484 substituted “Except as provided in subparagraph (B), the” for “The”

   3. Added · 10 U.S.C. § 2572(d)(2)

      Pub. L. 102–484 added subpar. (B)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   SEC. 373. TRANSPORTATION OF DONATED MILITARY ARTIFACTS. Section 2572(d)(2) of title 10, United States Code, is amended— (1) by striking out “(2) The” and inserting in lieu thereof “(2)(A) Except as provided in subparagraph (B), the”; and (2) by adding at the end the following new subparagraph: “(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.”.

7. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title X § 1071 · 108 Stat. 2663

   Inserted · 10 U.S.C. § 2572(b)(1)

   Pub. L. 103–337 inserted “transportation,” after “salvage,”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 103–337 inserted “transportation,” after “salvage,”.

   Enacted provision · exact public law section
   SEC. 1071. AUTHORIZATION TO EXCHANGE CERTAIN ITEMS FOR TRANSPORTATION SERVICES. Paragraph (1) of section 2572(b) of title 10, United States Code, is amended by inserting “transportation,” after “salvage,”.

8. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title III § 372 · 110 Stat. 186

   1. Substituted · 10 U.S.C. § 2572(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.”

   2. Added · 10 U.S.C. § 2572(b)(1)

      Pub. L. 104–106 added subpars. (A) to (E)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   SEC. 372. CLARIFICATION OF SERVICES AND PROPERTY THAT MAY BE EXCHANGED TO BENEFIT THE HISTORICAL COLLECTION OF THE ARMED FORCES. Section 2572(b)(1) of title 10, United States Code, is amended by striking out “not needed by the armed forces” and all that follows through the end of the paragraph and inserting in lieu thereof the following: “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.”.

9. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 § 1043(d)(1) · 115 Stat. 1012

   Inserted · 10 U.S.C. § 2572(a)(1)

   Pub. L. 107–107, § 1043(d)(1), inserted “, county, or other political subdivision of a State” before period at end

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 107–107, § 1043(d)(1), inserted “, county, or other political subdivision of a State” before period at end.

   Enacted provision · exact public law section
   (1) in paragraph (1), by inserting “, county, or other political subdivision of a State” before the period at the end;

10. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 1043(d)(2) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 2572(a)(2)

    Pub. L. 107–107, § 1043(d)(2), substituted “servicemen’s monument” for “soldiers’ monument”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 107–107, § 1043(d)(2), substituted “servicemen’s monument” for “soldiers’ monument”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking “soldiers’ monument” and inserting “servicemen’s monument”; and

11. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 1043(d)(3) · 115 Stat. 1012

    Inserted · 10 U.S.C. § 2572(a)(4)

    Pub. L. 107–107, § 1043(d)(3), inserted “or memorial” after “An incorporated museum”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 107–107, § 1043(d)(3), inserted “or memorial” after “An incorporated museum”.

    Enacted provision · exact public law section
    (3) in paragraph (4), by inserting “or memorial” after “An incorporated museum”.

12. 2002

    Pub. L. 107–217 § 3(b)(9) · 116 Stat. 1062

    Substituted · 10 U.S.C. § 2572(d)(1)

    Pub. L. 107–217 substituted “section 121 of title 40” for “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 107–217 substituted “section 121 of title 40” for “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)”.

    Enacted provision · exact public law section
    (9) In section 2572(d)(1), strike “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)” and substitute “section 121 of title 40”.

13. 2002

    Homeland Security Act of 2002

    Pub. L. 107–296 title XVII § 1704(b)(1) · 116 Stat. 2135

    Substituted · 10 U.S.C. § 2572(a)

    Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in introductory provisions.

    Enacted provision · exact public law section
    (1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

14. 2002

    Pub. L. 107–314 div. A title III § 369 · 116 Stat. 2458

    Inserted · 10 U.S.C. § 2572(a)(3)

    Pub. L. 107–314 inserted before period at end “or a nonprofit military aviation heritage foundation or association incorporated in a State”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 107–314 inserted before period at end “or a nonprofit military aviation heritage foundation or association incorporated in a State”.

    Enacted provision · exact public law section
    SEC. 369. EXPANDED ELIGIBILITY FOR LOAN, GIFT, OR EXCHANGE OF DOCUMENTS, HISTORICAL ARTIFACTS, AND CONDEMNED OR OBSOLETE COMBAT MATERIEL. Section 2572(a)(3) of title 10, United States Code, is amended by inserting before the period the following: “or a nonprofit military aviation heritage foundation or association incorporated in a State”.

15. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 352(1) · 122 Stat. 4356

    Inserted · 10 U.S.C. § 2572(d)(1)

    Pub. L. 110–417, § 352(1), inserted at end “The Secretary concerned shall ensure that an item authorized to be donated under this section is demilitarized in the interest of public safety, as determined necessary by the Secretary or the Secretary’s delegee.”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 110–417, § 352(1), inserted at end “The Secretary concerned shall ensure that an item authorized to be donated under this section is demilitarized in the interest of public safety, as determined necessary by the Secretary or the Secretary’s delegee.”

    Enacted provision · exact public law section
    (1) in paragraph (1), by adding at the end the following new sentence: “The Secretary concerned shall ensure that an item authorized to be donated under this section is demilitarized in the interest of public safety, as determined necessary by the Secretary or the Secretary’s delegee.”; and

16. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 352(2) · 122 Stat. 4356

    Inserted · 10 U.S.C. § 2572(d)(2)(A)

    Pub. L. 110–417, § 352(2), inserted “, including any expense associated with demilitarizing an item under paragraph (1), for which the recipient of the item shall be responsible” before period at end

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A). Pub. L. 110–417, § 352(2), inserted “, including any expense associated with demilitarizing an item under paragraph (1), for which the recipient of the item shall be responsible” before period at end.

    Enacted provision · exact public law section
    (2) in paragraph (2)(A), by inserting before the period at the end the following: “, including any expense associated with demilitarizing an item under paragraph (1), for which the recipient of the item shall be responsible”.

17. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 div. A title III § 355(a) · 126 Stat. 1632

    Added · 10 U.S.C. § 2572(e)

    Pub. L. 112–239 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 112–239 added subsec. (e).

    Enacted provision · exact public law section
    (a) Codification of Prohibition.— Section 2572 of title 10, United States Code, is amended by adding at the end the following new subsection: “(e) (1) Except as provided in paragraph (3), and notwithstanding this section or any other provision of law, 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. “(2) In this subsection: “(A) The term ‘entity controlled by a foreign government’ has the meaning given that term in section 2536(c)(1) of this title. “(B) The term ‘veterans memorial object’ means any object, including a physical structure or portion thereof, that— “(i) is located at a cemetery of the National Cemetery System, war memorial, or military installation in the United States; “(ii) is dedicated to, or otherwise memorializes, the death in combat or combat-related duties of members of the armed forces; and “(iii) was brought to the United States from abroad as a memorial of combat abroad. “(3) The prohibition imposed by paragraph (1) does not apply to a transfer of a veterans memorial object if— “(A) the transfer of that veterans memorial object is specifically authorized by law; or “(B) the transfer is made after September 30, 2017.” .

18. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2864(a) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 2572(e)(2)(B)(iii)

    Pub. L. 115–91, § 2864(a), substituted “from abroad before 1907” for “from abroad”

    Source evidence

    Code amendment note
    Subsec. (e)(2)(B)(iii). Pub. L. 115–91, § 2864(a), substituted “from abroad before 1907” for “from abroad”.

    Enacted provision · exact public law section
    (a) Description of Objects.— Paragraph (2)(B)(iii) of section 2572(e) of title 10, United States Code, is amended by striking “from abroad” and inserting “from abroad before 1907”.

19. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2864(b) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 2572(e)(3)(B)

    Pub. L. 115–91, § 2864(b), substituted “September 30, 2022” for “September 30, 2017”

    Source evidence

    Code amendment note
    Subsec. (e)(3)(B). Pub. L. 115–91, § 2864(b), substituted “September 30, 2022” for “September 30, 2017”.

    Enacted provision · exact public law section
    (b) Extension of Prohibition.— Paragraph (3)(B) of section 2572(e) of such title is amended by striking “September 30, 2017” and inserting “September 30, 2022”.

20. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1870(d)(4) · 134 Stat. 3388

    1. Amended · 10 U.S.C. § 2572(e)(2)(A)

       Pub. L. 116–283, § 1870(d)(4), as amended by Pub. L. 117–81, § 1701(t)(4)

    2. Substituted · 10 U.S.C. § 2572(e)(2)(A)

       Pub. L. 116–283, § 1870(d)(4), as substituted “section 4874(c)(1)” for “section 2536(c)(1)”

    Source evidence

    Code amendment note
    Subsec. (e)(2)(A). Pub. L. 116–283, § 1870(d)(4), as amended by Pub. L. 117–81, § 1701(t)(4), substituted “section 4874(c)(1)” for “section 2536(c)(1)”.

    Enacted provision · exact public law section
    (4) Conforming cross-reference amendment.— Section 2572(e)(2)(A) of title 10, United States Code, is amended by striking “section 2536(c)(1)” and inserting “section 4872(c)(1)”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

24 of 25 references resolved to an enrolled provision · 1 partial