Sec. 1022. CLARIFICATION OF SOLE OWNERSHIP RESULTING FROM SHIP DONATIONS AT NO COST TO THE NAVY
653 words·~3 min read·
/statute-compilations/comps-11141/sec-1022A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 1022 CLARIFICATION OF SOLE OWNERSHIP RESULTING FROM SHIP DONATIONS AT NO COST TO THE NAVY ###
(a)Clarification of Transfer Authority Subsection
(a)of section 7306 of title 10, United States Code, is amended to read as follows: > > ### “(a) Authority to Make Transfer > > The Secretary of the Navy may convey, by donation, all right, title, and interest to any vessel stricken from the Naval Vessel Register or any captured vessel, for use as a museum or memorial for public display in the United States, to— > > > #### “(1) > > any State, the District of Columbia, any Commonwealth or possession of the United States, or any municipal corporation or political subdivision thereof; or > > > #### “(2) > > any nonprofit entity.” > . ###
(b)Clarification of Limitations on Liability and Responsibility Subsection
(b)of such section is amended to read as follows: > > ### “(b) Limitations on Liability and Responsibility > > > ####
(1)> > The United States and all departments and agencies thereof, and their officers and employees, shall not be liable at law or in equity for any injury or damage to any person or property occurring on a vessel donated under this section. > > > #### “(2) > > Notwithstanding any other law, the Department of Defense, and the officers and employees of the Department of Defense, shall have no responsibility or obligation to make, engage in, or provide funding for, any improvement, upgrade, modification, maintenance, preservation, or repair to a vessel donated under this section.” > . ###
(c)Clarification That Transfers to Be Made at No Cost to the Department of Defense ####
(1)In general Subsection
(c)of such section is amended— #####
(A)by inserting after “under this section” the following: “, the maintenance and preservation of that vessel as a museum or memorial, and the ultimate disposal of that vessel, including demilitarization of Munitions List items at the end of the useful life of the vessel as a museum or memorial,”; and #####
(B)by striking “the United States” and inserting “the Department of Defense”. ####
(2)Clerical amendment The heading for subsection
(c)of such section is amended by striking “United States” and inserting “Department of Defense”. ###
(d)Application of Environmental Laws; Definitions Such section is further amended by adding at the end the following new subsections: > > ### “(e) Application of Environmental Laws > > Nothing in this section shall affect the applicability of Federal, State, interstate, and local environmental laws and regulations, including the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), to the Department of Defense or to a donee. > > > ### “(f) Definitions > > In this section: > > > #### “(1) > > The term ‘nonprofit entity’ means any entity qualifying as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986. > > > #### “(2) > > The term ‘Munitions List’ means the United States Munitions List created and controlled under section 38 of the Arms Export Control Act (22 U.S.C. 2778). > > > #### “(3) > > The term ‘donee’ means any entity receiving a vessel pursuant to subsection (a).” > . ###
(e)Clerical Amendments ####
(1)Section heading The heading of such section is amended to read as follows: > > ## “SEC. 7306 Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation” > . ####
(2)Table of sections The item relating to such section in the table of sections at the beginning of chapter 633 of such title is amended to read as follows:" “7306. Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation.’ ’” ". **[**Section 1023 repealed by section 1026(e) of Public Law 113–291.**]**
Connectionstraces to 4
Citation graph
cites case law
Sec. 1022
CLARIFICATION OF SOLE OWNERSHIP RESULTING FROM SHIP DONATIONS AT NO COST TO THE NAVY
Cites 4Cited by 0 across 0 sources