10 U.S.C. § 2576a — Excess personal property: sale or dona-

Page 2006 TITLE 10—ARMED FORCES § 2576a ‘‘(C) establish appropriate means of verifying and enforcing the use of the aircraft and aircraft parts by the purchaser and other end users in accordance with the conditions set forth in subsections (b) and (e); and ‘‘(D) ensure, to the maximum extent practicable, that the Secretary consults with the Administrator of General Services and with the heads of appropriate departments and agencies of the Federal Government regarding alternative requirements for such aircraft and aircraft parts before the sale of such aircraft and aircraft parts under this section. ‘‘(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec- retary of Defense may require such other terms and conditions in connection with each sale of aircraft and aircraft parts under this section as the Secretary con- siders appropriate for such sale. Such terms and condi- tions shall meet the requirements of the regulations prescribed under subsection (d). ‘‘(f) REPORT.—Not later than March 31, 2005, the Sec- retary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a re- port on the Secretary’s exercise of authority under this section. The report shall set forth— ‘‘(1) the number and type of aircraft sold under the authority, and the terms and conditions under which the aircraft were sold; ‘‘(2) the persons or entities to which the aircraft were sold; and ‘‘(3) an accounting of the current use of the aircraft sold. ‘‘(g) PERIODS FOR EXERCISE OF AUTHORITY.—The peri- ods specified in this subsection are the following: ‘‘(1) The period beginning on October 1, 1996, and ending on September 30, 2005. ‘‘(2) The period beginning on October 1, 2012, and ending on September 30, 2017. ‘‘(h) CONSTRUCTION.—Nothing in this section may be construed as affecting the authority of the Adminis- trator of the Federal Aviation Administration under any other provision of law.’’ § 2576a. Excess personal property: sale or dona- tion for law enforcement activities (a) TRANSFER AUTHORIZED.—(1) Notwith- standing any other provision of law and subject to subsection (b), the Secretary of Defense may transfer to Federal and State agencies personal property of the Department of Defense, includ- ing small arms and ammunition, that the Sec- retary determines is— (A) suitable for use by the agencies in law enforcement activities, including counterdrug, counterterrorism, disaster-related emergency preparedness, and border security activities; and (B) excess to the needs of the Department of Defense. (2) The Secretary shall carry out this section in consultation with the Attorney General, the Director of National Drug Control Policy, and the Secretary of Homeland Security, as appro- priate. (b) CONDITIONS FOR TRANSFER.—The Secretary of Defense may transfer personal property under this section only if— (1) the property is drawn from existing stocks of the Department of Defense; (2) the recipient accepts the property on an as-is, where-is basis; (3) the transfer is made without the expendi- ture of any funds available to the Department of Defense for the procurement of defense equipment; (4) all costs incurred subsequent to the transfer of the property are borne or reim- bursed by the recipient; (5) the recipient, on an annual basis, and with the authorization of the relevant local governing body or authority, certifies that it has adopted publicly available protocols for the appropriate use of controlled property, the supervision of such use, and the evaluation of the effectiveness of such use, including audit- ing and accountability policies; and (6) after the completion of the assessment required by section 1051(e) of the National De- fense Authorization Act for Fiscal Year 2016, the recipient, on an annual basis, certifies that it provides annual training to relevant personnel on the maintenance, sustainment, and appropriate use of controlled property, in- cluding respect for the rights of citizens under the Constitution of the United States and de- escalation of force. (c) CONSIDERATION.—Subject to subsection (b)(4), the Secretary may transfer personal prop- erty under this section without charge to the re- cipient agency. (d) PREFERENCE FOR CERTAIN TRANSFERS.—In considering applications for the transfer of per- sonal property under this section, the Secretary shall give a preference to applications indi- cating that the transferred property will be used in the counterdrug, counterterrorism, disaster- related emergency preparedness, or border secu- rity activities of the recipient agency. Applica- tions that request vehicles used for disaster-re- lated emergency preparedness, such as high- water rescue vehicles, should receive the highest preference. (e) PROPERTY NOT TRANSFERRABLE.—The Sec- retary may not transfer to a Tribal, State, or local law enforcement agency under this section the following: (1) Bayonets. (2) Grenades (other than stun and flash-bang grenades). (3) Weaponized tracked combat vehicles. (4) Weaponized drones. (f) PUBLICLY ACCESSIBLE WEBSITE.—(1) The Secretary shall create and maintain a publicly available Internet website that provides infor- mation on the controlled property transferred under this section and the recipients of such property. (2) The contents of the Internet website re- quired under paragraph (1) shall include all pub- licly accessible unclassified information per- taining to the request, transfer, denial, and re- possession of controlled property under this sec- tion, including— (A) a current inventory of all controlled property transferred to Federal and State agencies under this section, listed by the name of the recipient and the year of the transfer; (B) all pending requests for transfers of con- trolled property under this section, including the information submitted by the Federal and State agencies requesting such transfers; and (C) all reports required to be submitted to the Secretary under this section by Federal and State agencies that receive controlled property under this section. (g) CONTROLLED PROPERTY.—In this section, the term ‘‘controlled property’’ means any item assigned a demilitarization code of B, C, D, E, G, Page 2007 TITLE 10—ARMED FORCES § 2576a or Q under Department of Defense Manual 4160.21–M, ‘‘Defense Materiel Disposition Man- ual’’, or any successor document. (Added Pub. L. 104–201, div. A, title X, § 1033(a)(1), Sept. 23, 1996, 110 Stat. 2639; amended Pub. L. 114–92, div. A, title X, §§ 1051(a)–(c), 1052, Nov. 25, 2015, 129 Stat. 979–981; Pub. L. 115–91, div. A, title X, § 1081(a)(43), Dec. 12, 2017, 131 Stat. 1596; Pub. L. 116–283, div. A, title X, § 1053, Jan. 1, 2021, 134 Stat. 3850.) Editorial Notes REFERENCES IN TEXT Section 1051(e) of the National Defense Authorization Act for Fiscal Year 2016, referred to in subsec. (b)(6), is section 1051(e) of Pub. L. 114–92, div. A, title X, Nov. 25, 2015, 129 Stat. 980, which is not classified to the Code. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 101–189, div. A, title XII, § 1208, Nov. 29, 1989, 103 Stat. 1566, as amended, which was set out as a note under section 372 of this title, prior to repeal by Pub. L. 104–201, § 1033(b)(1). Section 372 of this title was renumbered section 272 of this title by Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497. AMENDMENTS 2021—Subsec. (a)(1)(A). Pub. L. 116–283, § 1053(a)(1), in- serted ‘‘disaster-related emergency preparedness,’’ after ‘‘counterterrorism,’’. Subsec. (b)(6). Pub. L. 116–283, § 1053(b)(1), inserted ‘‘, including respect for the rights of citizens under the Constitution of the United States and de-escalation of force’’ before period at end. Subsec. (d). Pub. L. 116–283, § 1053(a)(2), amended sub- sec. (d) generally. Prior to amendment, text read as fol- lows: ‘‘In considering applications for the transfer of personal property under this section, the Secretary shall give a preference to those applications indicating that the transferred property will be used in the counterdrug, counterterrorism, or border security ac- tivities of the recipient agency.’’ Subsecs. (e) to (g). Pub. L. 116–283, § 1053(b)(2), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. 2017—Subsec. (b)(4). Pub. L. 115–91 struck out ‘‘and’’ at end. 2015—Subsec. (a)(1)(A). Pub. L. 114–92, § 1052(1)(A), sub- stituted ‘‘counterdrug, counterterrorism, and border security activities’’ for ‘‘counter-drug and counter-ter- rorism activities’’. Subsec. (a)(2). Pub. L. 114–92, § 1052(1)(B), substituted ‘‘the Attorney General, the Director of National Drug Control Policy, and the Secretary of Homeland Secu- rity, as appropriate’’ for ‘‘the Attorney General and the Director of National Drug Control Policy’’. Subsec. (b)(5), (6). Pub. L. 114–92, § 1051(b), added pars. (5) and (6). Subsec. (d). Pub. L. 114–92, § 1052(2), substituted ‘‘counterdrug, counterterrorism, or border security ac- tivities’’ for ‘‘counter-drug or counter-terrorism activi- ties’’. Subsec. (e). Pub. L. 114–92, § 1051(a), added subsec. (e). Subsec. (f). Pub. L. 114–92, § 1051(c), added subsec. (f). Statutory Notes and Related Subsidiaries PLAN FOR USE OF EXCESS CONSTRUCTION MATERIALS ON SOUTHWEST BORDER Pub. L. 118–31, div. B, title XXVIII, § 2890, Dec. 22, 2023, 137 Stat. 785, provided that: ‘‘(a) PLAN.—Not later than 75 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall submit to Congress a plan to use, transfer, or donate to States on the southern border of the United States all covered materials, with prioritization given to the refurbishment and or main- tenance of ports of entry along the southwest border and construction projects aimed at stopping illicit human and vehicle traffic along the border of the United States with Mexico. ‘‘(b) ELEMENTS.—The plan required by subsection (a) shall include the following: ‘‘(1) A detailed proposal for the disposition of such covered materials, including a timeline for disposi- tion and the authorities under which such disposition shall occur. ‘‘(2) An assessment of the condition of such mate- rials being stored, including (if applicable) a descrip- tion of materials that have depreciated in value, be- come damaged, or been lost. ‘‘(c) REQUIREMENTS OF REQUESTING STATES.—Any State requesting the covered materials made available under this section must certify, in writing, that the materials it accepts will be exclusively used for the re- furbishment or maintenance of ports of entry along the southwest border or construction projects aimed at stopping illicit human and vehicle traffic along the border of the United States with Mexico. ‘‘(d) EXECUTION OF PLAN.—Not later than 100 days after the date of submission of the plan required by subsection (a), the Secretary of Defense shall com- mence execution of such plan until the date on which the Department of Defense is no longer incurring any costs to maintain, store, or protect the covered mate- rials. ‘‘(e) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the fol- lowing: ‘‘(1) A detailed description of the decision process of the Secretary to forgo the excess property disposal process of the Department of Defense and instead pay to store the covered materials. ‘‘(2) A list of entities the Department is paying for use of their privately owned land to store the covered materials, with appropriate action taken to protect personally identifiable information, such as by mak- ing the list of entities available in an annex that is labeled as controlled unclassified information. ‘‘(3) An explanation of the process through which the Department contracted with private landowners to store the covered materials, including whether there was a competitive contracting process and whether the landowners have instituted an inventory review system. ‘‘(4) A description of any investigations by the In- spector General of the Department that have been opened related to storing the covered materials. ‘‘(f) DEFINITIONS.—In this section, the term ‘covered material’ means all remaining construction materials currently possessed by the United States Government that were purchased under section [sic] 2808 and [sic] 284 of title 10, United States Code, from fiscal years 2017 through 2021, including bollards and Nucor tubular square structural tubes.’’ PROCESS FOR COMMUNICATING AVAILABILITY OF SURPLUS AMMUNITION Pub. L. 114–328, div. A, title III, § 344, Dec. 23, 2016, 130 Stat. 2084, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense shall im- plement a formal process to provide Federal Govern- ment agencies outside the Department of Defense with information on the availability of surplus, serviceable ammunition from the Department of Defense for the purpose of reducing costs relating to the storage and disposal of such ammunition. ‘‘(b) IMPLEMENTATION DEADLINE.—The Secretary shall implement the process described in subsection (a) be- ginning not later than 180 days after the date of the en- actment of this Act [Dec. 23, 2016].’’ Page 2008 TITLE 10—ARMED FORCES § 2576b § 2576b. Excess personal property: sale or dona- tion to assist firefighting agencies (a) TRANSFER AUTHORIZED.—Subject to sub- section (b), the Secretary of Defense shall trans- fer to a firefighting agency in a State any per- sonal property of the Department of Defense that the Secretary determines is— (1) excess to the needs of the Department of Defense; and (2) suitable for use in providing fire and emergency medical services, including per- sonal protective equipment and equipment for communication and monitoring. (b) CONDITIONS FOR TRANSFER.—The Secretary of Defense shall transfer personal property under this section only if— (1) the property is drawn from existing stocks of the Department of Defense; (2) the recipient firefighting agency accepts the property on an as-is, where-is basis; (3) the transfer is made without the expendi- ture of any funds available to the Department of Defense for the procurement of defense equipment; and (4) all costs incurred subsequent to the transfer of the property are borne or reim- bursed by the recipient. (c) CONSIDERATION.—Subject to subsection (b)(4), the Secretary may transfer personal prop- erty under this section without charge to the re- cipient firefighting agency. (d) DEFINITIONS.—In this section: (1) STATE.—The term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the North- ern Mariana Islands, and any territory or pos- session of the United States. (2) FIREFIGHTING AGENCY.—The term ‘‘fire- fighting agency’’ means any volunteer, paid, or combined departments that provide fire and emergency medical services. (Added Pub. L. 106–398, § 1 [[div. A], title XVII, § 1706(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–367; amended Pub. L. 108–375, div. A, title III, § 354, Oct. 28, 2004, 118 Stat. 1861.) Editorial Notes AMENDMENTS 2004—Subsecs. (a), (b). Pub. L. 108–375 substituted ‘‘shall’’ for ‘‘may’’ in introductory provisions. Statutory Notes and Related Subsidiaries IDENTIFICATION OF DEFENSE TECHNOLOGIES SUITABLE FOR USE, OR CONVERSION FOR USE, IN PROVIDING FIRE AND EMERGENCY MEDICAL SERVICES Pub. L. 106–398, § 1 [[div. A], title XVII, § 1707], Oct. 30, 2000, 114 Stat. 1654, 1654A–367, provided that: ‘‘(a) APPOINTMENT OF TASK FORCE; PURPOSE.—The Secretary of Defense shall appoint a task force con- sisting of representatives from the Department of De- fense and each of the seven major fire organizations identified in subsection (b) to identify defense tech- nologies and equipment that— ‘‘(1) can be readily put to civilian use by fire service and the emergency response agencies; and ‘‘(2) can be transferred to these agencies using the authority provided by section 2576b of title 10, United States Code, as added by section 1706 of this Act. ‘‘(b) PARTICIPATING MAJOR FIRE ORGANIZATIONS.— Members of the task force shall be appointed from each of the following: ‘‘(1) The International Association of Fire Chiefs. ‘‘(2) The International Association of Fire Fighters. ‘‘(3) The National Volunteer Fire Council. ‘‘(4) The International Association of Arson Inves- tigators. ‘‘(5) The International Society of Fire Service In- structors. ‘‘(6) The National Association of State Fire Mar- shals. ‘‘(7) The National Fire Protection Association. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of De- fense for activities of the task force $1,000,000 for fiscal year 2001.’’ § 2577. Disposal of recyclable materials (a)(1) The Secretary of Defense shall prescribe regulations to provide for the sale of recyclable materials held by a military department or de- fense agency and for the operation of recycling programs at military installations. Such regula- tions shall include procedures for the designa- tion by the Secretary of a military department (or by the Secretary of Defense with respect to facilities of a defense agency) of military instal- lations that have established a qualifying recy- cling program for the purposes of subsection (b)(2). (2) Any sale of recyclable materials by the Secretary of Defense or Secretary of a military department shall be in accordance with the pro- cedures in sections 541–555 of title 40 for the sale of surplus property. (3) In this section, the term ‘‘recyclable mate- rials’’ may include any quality recyclable mate- rial provided to the Department by a State or local government entity, if such material is au- thorized by the Office of the Secretary of De- fense and identified in the regulations pre- scribed under paragraph (1). (b)(1) Proceeds from the sale of recyclable ma- terials at an installation shall be credited to funds available for operations and maintenance at that installation in amounts sufficient to cover the costs of operations, maintenance, and overhead for processing recyclable materials at the installation (including the cost of any equip- ment purchased for recycling purposes). (2) If after such funds are credited a balance remains available to a military installation and such installation has a qualifying recycling pro- gram (as determined by the Secretary of the military department concerned or the Secretary of Defense), not more than 50 percent of that balance may be used at the installation for projects for pollution abatement, energy con- servation, and occupational safety and health activities. A project may not be carried out under the preceding sentence for an amount greater than 50 percent of the amount estab- lished by law as the maximum amount for a minor construction project. (3) The remaining balance available to a mili- tary installation may be transferred to the non- appropriated morale and welfare account of the installation to be used for any morale or welfare activity. (c) If the balance available to a military in- stallation under this section at the end of any fiscal year is in excess of $10,000,000, the amount of that excess shall be covered into the Treasury as miscellaneous receipts.