US (United States) Code. Title 10. Subtitle A. Part IV. Chapter 153: Exchange of material and disposal

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 38 páginas
publicidad

-CITE-

10 USC CHAPTER 153 - EXCHANGE OF MATERIAL AND DISPOSAL OF

OBSOLETE, SURPLUS, OR UNCLAIMED PROPERTY 01/06/03

-EXPCITE-

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

.

-HEAD-

CHAPTER 153 - EXCHANGE OF MATERIAL AND DISPOSAL OF OBSOLETE,

SURPLUS, OR UNCLAIMED PROPERTY

-MISC1-

Sec.

2571. Interchange of property and services.

2572. Documents, historical artifacts, and condemned or obsolete

combat materiel: loan, gift, or exchange.

(2573. Repealed.)

2574. Armament: sale of individual pieces.

2575. Disposition of unclaimed property.

2576. Surplus military equipment: sale to State and local law

enforcement and firefighting agencies.

2576a. Excess personal property: sale or donation for law

enforcement activities.

2576b. Excess personal property: sale or donation to assist

firefighting agencies.

2577. Disposal of recyclable materials.

2578. Vessels: transfer between departments.

2579. War booty: procedures for handling and retaining battlefield

objects.

2580. Donation of excess chapel property.

2581. Excess UH-1 Huey and AH-1 Cobra helicopters: requirements for

transfer to foreign countries.

2582. Military equipment identified on United States munitions

list: annual report of public sales.

2583. Military working dogs: transfer and adoption at end of useful

working life.

AMENDMENTS

2001 - Pub. L. 107-107, div. A, title X, Sec. 1048(a)(25), Dec.

28, 2001, 115 Stat. 1224, redesignated item 2582 relating to

military working dogs as item 2583.

2000 - Pub. L. 106-446, Sec. 1(b), Nov. 6, 2000, 114 Stat. 1933,

added item 2582 relating to military working dogs.

Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec. 381(b), title

XVII, Sec. 1706(b)), Oct. 30, 2000, 114 Stat. 1654, 1654A-85,

1654A-367, added items 2576b and 2582 relating to military

equipment identified on United States munitions list.

1998 - Pub. L. 105-261, div. A, title XII, Sec. 1234(b), Oct.

17, 1998, 112 Stat. 2157, added item 2581.

1997 - Pub. L. 105-85, div. A, title X, Sec. 1063(b), Nov. 18,

1997, 111 Stat. 1893, added item 2580.

1996 - Pub. L. 104-201, div. A, title X, Sec. 1033(a)(2), Sept.

23, 1996, 110 Stat. 2640, added item 2576a.

1993 - Pub. L. 103-160, div. A, title XI, Sec. 1171(a)(2), Nov.

30, 1993, 107 Stat. 1766, added item 2579.

1988 - Pub. L. 100-456, div. A, title III, Sec. 324(b), Sept.

29, 1988, 102 Stat. 1954, 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 item 2572.

Pub. L. 100-370, Sec. 1(k)(2), July 19, 1988, 102 Stat. 848,

added item 2578.

1982 - Pub. L. 97-214, Sec. 6(b)(2), July 12, 1982, 96 Stat. 172,

added item 2577.

1980 - Pub. L. 96-513, title V, Sec. 511(83)(B), Dec. 12, 1980,

94 Stat. 2927, struck out item 2573 ''Excess property: transfers to

Canal Zone Government''.

1968 - Pub. L. 90-500, title IV, Sec. 403(b), Sept. 20, 1968, 82

Stat. 851, added item 2576.

1958 - Pub. L. 85-861, Sec. 1(50), Sept. 2, 1958, 72 Stat. 1459,

substituted ''property'' for ''supplies'' in item 2571.

-CITE-

10 USC Sec. 2571 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 2571. Interchange of property and services

-STATUTE-

(a) If either of the Secretaries concerned requests it and the

other approves, supplies and real estate may be transferred,

without compensation, from one armed force to another.

(b) If its head approves, a department or organization within the

Department of Defense may, upon request, perform work and services

for, or furnish supplies to, any other of those departments or

organizations, without reimbursement or transfer of funds.

(c) If military or civilian personnel of a department or

organization within the Department of Defense are assigned or

detailed to another of those departments or organizations, and if

the head of the department or organization to which they are

transferred approves, their pay and allowances and the cost of

transporting their dependents and household goods may be charged to

an appropriation that is otherwise available for those purposes to

that department or organization.

(d) No agency or official of the executive branch of the Federal

Government may establish any regulation, program, or policy or take

any other action which precludes, directly or indirectly, the

Secretaries concerned from exercising the authority provided in

this section.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 143; Pub. L. 85-861, Sec.

1(49), Sept. 2, 1958, 72 Stat. 1459; Pub. L. 99-167, title VIII,

Sec. 821, Dec. 3, 1985, 99 Stat. 991.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2571(a) (now (b)) 5:171t (less clause Oct. 29, 1949, ch.

(2)). 787, Sec. 621, 63

Stat. 1020.

2571(b) (now (c)) 5:171t (clause 2)).

-------------------------------

In subsection (a), the words ''After June 30, 1949'' are omitted

as executed. The words ''may perform work and services for, or

furnish supplies to'' are substituted for the words ''services,

work, supplies, materials, and equipment may be rendered or

supplied'', since the word ''supplies'', as defined in section

101(26) of this title, includes ''equipment'' and ''material''. The

words ''upon request'' are inserted for clarity.

In subsection (b), the words ''on a reimbursable or other basis

as authorized by law'', ''to duty'', and ''naval'' are omitted as

surplusage.

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2571(a) 14:640. June 15, 1955, ch.

142, 69 Stat. 134.

-------------------------------

In subsection (a), the first 12 words are substituted for 14:640

(last 20 words). The words ''may be transferred'' are substituted

for the words ''The interchange . . . is authorized'', since the

words ''without compensation'' authorize a simple one-way transfer,

while the word ''interchange'' normally means a mutual exchange.

The words ''military stores . . . and equipment of every

character'' are omitted as covered by the word ''supplies'' as

defined in section 101(26) of this title. The words ''armed

force'' are substituted for the enumeration of the armed forces.

AMENDMENTS

1985 - Subsec. (d). Pub. L. 99-167 added subsec. (d).

1958 - Pub. L. 85-861, Sec. 1(49)(A), substituted ''property''

for ''supplies'' in section catchline.

Subsecs. (a) to (c). Pub. L. 85-861, Sec. 1(49)(B), (C), added

subsec. (a) and redesignated former subsecs. (a) and (b) as (b) and

(c), respectively.

-CITE-

10 USC Sec. 2572 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 2572. Documents, historical artifacts, and condemned or

obsolete combat materiel: loan, gift, or exchange

-STATUTE-

(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

Homeland Security), to any of the following:

(1) A municipal corporation, county, or other political

subdivision of a State.

(2) A servicemen's monument association.

(3) A museum, historical society, or historical institution of

a State or a foreign nation or a nonprofit military aviation

heritage foundation or association incorporated in a State.

(4) An incorporated museum or memorial 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 121 of title 40.

(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.

-SOURCE-

(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; Pub. L. 107-107, div. A, title

X, Sec. 1043(d), Dec. 28, 2001, 115 Stat. 1219; Pub. L. 107-217,

Sec. 3(b)(9), Aug. 21, 2002, 116 Stat. 1296; Pub. L. 107-296, title

XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L.

107-314, div. A, title III, Sec. 369, Dec. 2, 2002, 116 Stat.

2524.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2572 5:150p. May 22, 1896, ch.

231; restated May

26, 1928, ch. 785;

restated Feb. 28,

1933, ch. 137;

restated June 19,

1940, ch. 398; July

31, 1947, ch. 421;

restated Feb. 27,

1948, ch. 76, Sec.

1, 62 Stat. 37;

Oct. 31, 1951, ch.

654, Sec. 2(2), 65

Stat. 706.

-------------------------------

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

2002 - Subsec. (a). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation'' in introductory provisions.

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''.

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)''.

2001 - Subsec. (a)(1). Pub. L. 107-107, Sec. 1043(d)(1), inserted

'', county, or other political subdivision of a State'' before

period at end.

Subsec. (a)(2). Pub. L. 107-107, Sec. 1043(d)(2), substituted

''servicemen's monument'' for ''soldiers' monument''.

Subsec. (a)(4). Pub. L. 107-107, Sec. 1043(d)(3), inserted ''or

memorial'' after ''An incorporated museum''.

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 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of 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 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

10 USC Sec. 2573 01/06/03

-EXPCITE-

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

-HEAD-

(Sec. 2573. Repealed. Pub. L. 96-513, title V, Sec. 511(83)(A),

Dec. 12, 1980, 94 Stat. 2927)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 143, related to

transfer of excess property to the Canal Zone Government.

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.

-CITE-

10 USC Sec. 2574 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 2574. Armament: sale of individual pieces

-STATUTE-

A piece of armament that can be advantageously 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 considers that there are adequate

sentimental reasons for the sale.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 144.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2574 10:1262b. 34:545. Mar. 2, 1905, ch.

50:69. 1307 (last 55 words

of last par. under

''Ordnance

Department''), 33

Stat. 841.

-------------------------------

The words ''by the military department having jurisdiction 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''.

-CITE-

10 USC Sec. 2575 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 2575. Disposition of unclaimed property

-STATUTE-

(a) The Secretary of any military department, and the Secretary

of Homeland Security, under such regulations as they may

respectively prescribe, may each by public or private sale or

otherwise, dispose of all lost, abandoned, or unclaimed personal

property that comes into the custody or control of the Secretary's

department, other than property subject to section 4712, 6522, or

9712 of this title or subject to subsection (c). However, property

may not be disposed 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

Secretary. The period for which that effort is continued 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 expiration of 45 days

after the date when notice, giving 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 representative 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 unclaimed 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 proceeds exceeds the

amount necessary for reimbursing all such costs, to support

morale, welfare, and recreation activities under the jurisdiction

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, except papers of value, sabers, insignia, decorations,

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 property 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

subsection). 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 covered into the Treasury under subsection (b)(2).

(3) Unless a claim is filed under this subsection within 5 years

after the date of the disposal 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)).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 144; Pub. L. 89-143, Aug. 28,

1965, 79 Stat. 581; Pub. L. 96-513, title V, Sec. 511(84), Dec. 12,

1980, 94 Stat. 2927; Pub. L. 101-189, div. A, title III, Sec.

322(a), (b), title XVI, Sec. 1622(f)(1), Nov. 29, 1989, 103 Stat.

1413, 1605; Pub. L. 101-510, div. A, title XV, Sec. 1533(a)(2),

Nov. 5, 1990, 104 Stat. 1733; Pub. L. 104-106, div. A, title III,

Sec. 374(a), Feb. 10, 1996, 110 Stat. 281; Pub. L. 104-316, title

II, Sec. 202(d), Oct. 19, 1996, 110 Stat. 3842; Pub. L. 107-296,

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

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,

Sec. 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 sections 4712, 4713, 6522, 9712, or 9713 of this title''

are inserted, 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 substituted for the words ''which

is now or may hereafter come into''. The word ''possession'' is

omitted as covered 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 representatives'', 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 property * * * shall

be limited''. The last sentence is substituted for 5:150i

(proviso).

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

1996 - Subsec. (b). Pub. L. 104-106, Sec. 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, Sec. 374(a)(2), added subsec. (d).

Subsec. (d)(2), (3). Pub. L. 104-316 substituted ''Secretary of

Defense'' for ''Comptroller General of the United States''.

1990 - Subsec. (a). Pub. L. 101-510, Sec. 1533(a)(2)(A),

substituted ''section 4712, 6522, or 9712'' for ''section 4712,

4713, 6522, 9712, or 9713''.

Subsec. (c). Pub. L. 101-510, Sec. 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, Sec. 1622(f)(1), struck out

''of this section'' after ''subsection (c)''.

Pub. L. 101-189, Sec. 322(b)(2)(A), substituted ''the Secretary's

department'' for ''his department''.

Pub. L. 101-189, Sec. 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, Sec. 322(a)(3), inserted after second sentence:

''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

Secretary. The period for which that effort is continued may not

exceed 45 days.''

Pub. L. 101-189, Sec. 322(a)(1), substituted ''45 days'' for

''120 days''.

Pub. L. 101-189, Sec. 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, Sec. 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, Sec. 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''.

Subsec. (c). Pub. L. 101-189, Sec. 322(b)(1), (3), 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'', and ''that person'' for ''he'' before

''establishes a right''.

1980 - Subsec. (a). Pub. L. 96-513, Sec. 511(84)(A), substituted

''Secretary of Transportation'' for ''Secretary of the Treasury''.

Subsec. (c). Pub. L. 96-513, Sec. 511(84)(B), substituted

''United States Soldiers' and Airmen's Home'' for ''Soldiers'

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 determine ownership

is unsuccessful and after three months following receipt at

designated storage point of property with fair market value of $25

or more, for former provision for disposition of property one year

after receipt at designated storage point.

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 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, formerly set out as an

Effective Date note under section 401 of Title 24, Hospitals and

Asylums.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 322(c) of Pub. L. 101-189 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5564; title 24

section 420; title 37 section 554.

-CITE-

10 USC Sec. 2576 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 2576. Surplus military equipment: sale to State and local law

enforcement and firefighting agencies

-STATUTE-

(a) The Secretary of Defense, under regulations prescribed by

him, may sell to State and local law enforcement and firefighting

agencies, at fair market value, pistols, revolvers, shotguns,

rifles of a caliber not exceeding .30, ammunition for such

firearms, gas masks, and protective body armor which (1) are

suitable for use by such agencies in carrying out law enforcement

and firefighting activities, and (2) have been determined to be

surplus property under subtitle I of title 40 and title III of the

Federal Property and Administrative Services Act of 1949 (41 U.S.C.

251 et seq.).

(b) Such surplus military equipment shall not be sold under the

provisions of this section to a State or local law enforcement or

firefighting agency unless request therefor is made by such agency,

in such form and manner as the Secretary of Defense shall

prescribe, and such request, 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 or firefighting 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 individual or public or private organization or agency.

-SOURCE-

(Added Pub. L. 90-500, title IV, Sec. 403(a) Sept. 20, 1968, 82

Stat. 851; amended Pub. L. 96-513, title V, Sec. 511(85), Dec. 12,

1980, 94 Stat. 2927; Pub. L. 107-217, Sec. 3(b)(10), Aug. 21, 2002,

116 Stat. 1296.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat.

377, as amended. Title III of the Act is classified generally to

subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public

Contracts. For complete classification of this Act to the Code, see

Tables.

-MISC2-

AMENDMENTS

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 substituted ''(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''.

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.

AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR USE IN RESPONDING

TO OIL SPILLS

Pub. L. 106-181, title VII, Sec. 740, Apr. 5, 2000, 114 Stat.

173, as amended by Pub. L. 107-296, title XVII, Sec. 1704(e)(6),

Nov. 25, 2002, 116 Stat. 2315; Pub. L. 107-314, div. A, title X,

Sec. 1051, 1062(i), Dec. 2, 2002, 116 Stat. 2648, 2651, provided

that:

''(a) Authority. -

''(1) Sale of aircraft and aircraft parts. - Notwithstanding

subchapter II of chapter 5 of title 40, United States Code, and

subject to subsections (b) and (c), the Secretary of Defense may

sell aircraft and aircraft parts referred to in paragraph (2) to

a person or entity that provides oil spill response services

(including the application of oil dispersants by air) pursuant to

an oil spill response plan that has been approved by the

Secretary of the Department in which the Coast Guard is

operating.

''(2) Aircraft and aircraft parts that may be sold. - The

aircraft and aircraft parts that may be sold under paragraph (1)

are aircraft and aircraft parts of the Department of Defense that

are determined by the Secretary of Defense to be -

''(A) excess to the needs of the Department; and

''(B) acceptable for commercial sale.

''(b) Conditions of Sale. - Aircraft and aircraft parts sold

under subsection (a) -

''(1) shall have as their primary purpose usage for oil spill

spotting, observation, and dispersant delivery and may not have

any secondary purpose that would interfere with oil spill

response efforts under an oil spill response plan; and

''(2) may not be flown outside of or removed from the United

States except for the purpose of fulfilling an international

agreement to assist in oil spill dispersing efforts, for

immediate response efforts for an oil spill outside United States

waters that has the potential to threaten United States waters,

or for other purposes that are jointly approved by the Secretary

of Defense and the Secretary of Homeland Security.

''(c) Certification of Persons and Entities. - The Secretary of

Defense may sell aircraft and aircraft parts to a person or entity

under subsection (a) only if the Secretary of Homeland Security

certifies to the Secretary of Defense, in writing, before the sale,

that the person or entity is capable of meeting the terms and

conditions of a contract to deliver oil spill dispersants by air,

and that the overall system to be employed by that person or entity

for the delivery and application of oil spill dispersants has been

sufficiently tested to ensure that the person or entity is capable

of being included in an oil spill response plan that has been

approved by the Secretary of the Department in which the Coast

Guard is operating.

''(d) Regulations. -

''(1) Issuance. - As soon as practicable after the date of the

enactment of this Act (Apr. 5, 2000), the Secretary of Defense,

in consultation with the Secretary of Homeland Security and the

Administrator of General Services, shall prescribe regulations

relating to the sale of aircraft and aircraft parts under this

section.

''(2) Contents. - The regulations shall -

''(A) ensure that the sale of the aircraft and aircraft parts

is made at a fair market value, as determined by the Secretary

of Defense, and, to the extent practicable, on a competitive

basis;

''(B) require a certification by the purchaser that the

aircraft and aircraft parts will be used only in accordance

with the conditions set forth in subsection (b);

''(C) establish appropriate means of verifying and enforcing

the use of the aircraft and aircraft parts by the purchaser and

other operators in accordance with the conditions set forth in

subsection (b) or pursuant to subsection (e); and

''(D) ensure, to the maximum extent practicable, that the

Secretary of Defense 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 Secretary 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 considers appropriate for such sale. Such terms and

conditions shall meet the requirements of regulations prescribed

under subsection (d).

''(f) Report. - Not later than March 31, 2006, the Secretary of

Defense shall transmit to the Committees on Armed Services and

Commerce, Science, and Transportation of the Senate and the

Committees on National Security and Transportation and

Infrastructure of the House of Representatives a report on the

Secretary's exercise of authority under this section. The report

shall set forth -

''(1) the number and types 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) Statutory Construction. -

''(1) Authority of administrator. - Nothing in this section may

be construed as affecting the authority of the Administrator

under any other provision of law.

''(2) Certification requirements. - Nothing in this section may

be construed to waive, with respect to an aircraft sold under the

authority of this section, any requirement to obtain a

certificate from the Administrator to operate the aircraft for

any purpose (other than oil spill spotting, observation, and

dispersant delivery) for which such a certificate is required.

''(h) Proceeds From Sale. - The net proceeds of any amounts

received by the Secretary of Defense from the sale of aircraft and

aircraft parts under this section shall be covered into the general

fund of the Treasury as miscellaneous receipts.

''(i) Expiration of Authority. - The authority to sell aircraft

and aircraft parts under this section expires on September 30,

2006.''

(For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.)

SALE OF AIRCRAFT FOR WILDFIRE SUPPRESSION PURPOSES

Pub. L. 104-307, Oct. 14, 1996, 110 Stat. 3811, as amended by

Pub. L. 106-65, div. A, title X, Sec. 1067(23), Oct. 5, 1999, 113

Stat. 775; Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec. 388),

Oct. 30, 2000, 114 Stat. 1654, 1654A-89; Pub. L. 107-314, div. A,

title X, Sec. 1062(k), Dec. 2, 2002, 116 Stat. 2651, provided that:

''SECTION 1. SHORT TITLE.

''This Act may be cited as the 'Wildfire Suppression Aircraft

Transfer Act of 1996'.

''SEC. 2. AUTHORITY TO SELL AIRCRAFT AND PARTS FOR WILDFIRE

SUPPRESSION PURPOSES.

''(a) Authority. - (1) Notwithstanding subchapter II of chapter 5

of title 40, United States Code, and subject to subsections (b) and

(c), the Secretary of Defense may, during the period beginning on

October 1, 1996, and ending on September 30, 2005, sell the

aircraft and aircraft parts referred to in paragraph (2) to persons

or entities that contract with the Federal Government for the

delivery of fire retardant by air in order to suppress wildfire.

''(2) Paragraph (1) applies to aircraft and aircraft parts of the

Department of Defense that are determined by the Secretary to be -

''(A) excess to the needs of the Department; and

''(B) acceptable for commercial sale.

''(b) Conditions of Sale. - Aircraft and aircraft parts sold

under subsection (a) -

''(1) may be used only for the provision of airtanker services

for wildfire suppression purposes; and

''(2) may not be flown or otherwise removed from the United

States unless dispatched by the National Interagency Fire Center

in support of an international agreement to assist in wildfire

suppression efforts or for other purposes jointly approved by the

Secretary of Defense and the Secretary of Agriculture in writing

in advance.

''(c) Certification of Persons and Entities. - The Secretary of

Defense may sell aircraft and aircraft parts to a person or entity

under subsection (a) only if the Secretary of Agriculture certifies

to the Secretary of Defense, in writing, before the sale that the

person or entity is capable of meeting the terms and conditions of

a contract to deliver fire retardant by air.

''(d) Regulations. - (1) As soon as practicable after October 14,

1996, the Secretary of Defense shall, in consultation with the

Secretary of Agriculture and the Administrator of General Services,

prescribe regulations relating to the sale of aircraft and aircraft

parts under this section. The regulations prescribed under this

paragraph shall be effective until the end of the period specified

in subsection (a)(1).

''(2) The regulations shall -

''(A) ensure that the sale of the aircraft and aircraft parts

is made at fair market value (as determined by the Secretary of

Defense) and, to the extent practicable, on a competitive basis;

''(B) require a certification by the purchaser that the

aircraft and aircraft parts will be used only in accordance with

the conditions set forth in subsection (b);

''(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 Secretary 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 considers appropriate for such sale. Such terms and

conditions shall meet the requirements of the regulations

prescribed under subsection (d).

''(f) Report. - Not later than March 31, 2005, the Secretary 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 report 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) Construction. - Nothing in this section may be construed as

affecting the authority of the Administrator of the Federal

Aviation Administration under any other provision of law.''

-CITE-

10 USC Sec. 2576a 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 2576a. Excess personal property: sale or donation for law

enforcement activities

-STATUTE-

(a) Transfer Authorized. - (1) Notwithstanding 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, including small arms and

ammunition, that the Secretary determines is -

(A) suitable for use by the agencies in law enforcement

activities, including counter-drug and counter-terrorism

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 and the Director of National Drug Control

Policy.

(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 expenditure 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 reimbursed by the recipient.

(c) Consideration. - Subject to subsection (b)(4), the Secretary

may transfer personal property under this section without charge to

the recipient agency.

(d) Preference for Certain Transfers. - 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 counter-drug or counter-terrorism activities of the

recipient agency.

-SOURCE-

(Added Pub. L. 104-201, div. A, title X, Sec. 1033(a)(1), Sept.

23, 1996, 110 Stat. 2639.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 101-189, div. A, title XII, Sec. 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, Sec.

1033(b)(1).

-CITE-

10 USC Sec. 2576b 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 2576b. Excess personal property: sale or donation to assist

firefighting agencies

-STATUTE-

(a) Transfer Authorized. - Subject to subsection (b), the

Secretary of Defense may transfer to a firefighting agency in a

State any personal 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 personal protective equipment and equipment

for communication and monitoring.

(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 firefighting agency accepts the property on

an as-is, where-is basis;

(3) the transfer is made without the expenditure 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 reimbursed by the recipient.

(c) Consideration. - Subject to subsection (b)(4), the Secretary

may transfer personal property under this section without charge to

the recipient 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 Northern Mariana Islands, and any territory or possession of

the United States.

(2) Firefighting agency. - The term ''firefighting agency''

means any volunteer, paid, or combined departments that provide

fire and emergency medical services.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title XVII, Sec.

1706(a)), Oct. 30, 2000, 114 Stat. 1654, 1654A-367.)

-MISC1-

IDENTIFICATION OF DEFENSE TECHNOLOGIES SUITABLE FOR USE, OR

CONVERSION FOR USE, IN PROVIDING FIRE AND EMERGENCY MEDICAL

SERVICES

Pub. L. 106-398, Sec. 1 ((div. A), title XVII, Sec. 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 consisting of representatives

from the Department of Defense and each of the seven major fire

organizations identified in subsection (b) to identify defense

technologies 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 Investigators.

''(5) The International Society of Fire Service Instructors.

''(6) The National Association of State Fire Marshals.

''(7) The National Fire Protection Association.

''(c) Authorization of Appropriations. - There are authorized to

be appropriated to the Secretary of Defense for activities of the

task force $1,000,000 for fiscal year 2001.''

-CITE-

10 USC Sec. 2577 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 2577. Disposal of recyclable materials

-STATUTE-

(a)(1) The Secretary of Defense shall prescribe regulations to

provide for the sale of recyclable materials held by a military

department or defense agency and for the operation of recycling

programs at military installations. Such regulations shall include

procedures for the designation by the Secretary of a military

department (or by the Secretary of Defense with respect to

facilities of a defense agency) of military installations that have

established a qualifying recycling 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 procedures in sections 541-555 of title 40 for the sale of

surplus property.

(b)(1) Proceeds from the sale of recyclable materials 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

equipment 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 program (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 conservation, 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 established by law as the maximum amount

for a minor construction project.

(3) The remaining balance available to a military installation

may be transferred to the nonappropriated morale and welfare

account of the installation to be used for any morale or welfare

activity.

(c) If the balance available to a military installation under

this section at the end of any fiscal year is in excess of

$2,000,000, the amount of that excess shall be covered into the

Treasury as miscellaneous receipts.

-SOURCE-

(Added Pub. L. 97-214, Sec. 6(b)(1), July 12, 1982, 96 Stat. 172;

amended Pub. L. 98-525, title XIV, Sec. 1405(37), Oct. 19, 1984, 98

Stat. 2624; Pub. L. 107-217, Sec. 3(b)(11), Aug. 21, 2002, 116

Stat. 1296.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(2). Pub. L. 107-217 substituted ''sections

541-555 of title 40'' for ''section 203 of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 484)''.

1984 - Subsec. (a)(1). Pub. L. 98-525 substituted ''purposes''

for ''puposes''.

EFFECTIVE DATE

Section effective Oct. 1, 1982, and applicable to military

construction projects, and to construction and acquisition of

military family housing authorized before, on, or after such date,

see section 12(a) of Pub. L. 97-214, set out as a note under

section 2801 of this title.

-CITE-

10 USC Sec. 2578 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 2578. Vessels: transfer between departments

-STATUTE-

A vessel under the jurisdiction of a military department may be

transferred or otherwise made available without reimbursement to

another military department or to the Department of Homeland

Security, and a vessel under the jurisdiction of the Department of

Homeland Security may be transferred or otherwise made available

without reimbursement to a military department. Any such transfer

may be made only upon the request of the Secretary of the military

department concerned or the Secretary of Homeland Security, as the

case may be, and with the approval of the Secretary of the

department having jurisdiction of the vessel.

-SOURCE-

(Added Pub. L. 100-370, Sec. 1(k)(1), July 19, 1988, 102 Stat. 848;

amended Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25,

2002, 116 Stat. 2314.)

-MISC1-

HISTORICAL AND REVISION NOTES

Section is based on Pub. L. 99-190, Sec. 101(b) (title VIII, Sec.

8012), Dec. 19, 1985, 99 Stat. 1185, 1204.

AMENDMENTS

2002 - Pub. L. 107-296 substituted ''of Homeland Security'' for

''of Transportation'' wherever appearing.

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 Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

-CITE-

10 USC Sec. 2579 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 2579. War booty: procedures for handling and retaining

battlefield objects

-STATUTE-

(a) Policy. - The United States recognizes that battlefield

souvenirs have traditionally provided military personnel with a

valued memento of service in a national cause. At the same time,

it is the policy and tradition of the United States that the desire

for souvenirs in a combat theater not blemish the conduct of combat

operations or result in the mistreatment of enemy personnel, the

dishonoring of the dead, distraction from the conduct of

operations, or other unbecoming activities.

(b) Regulations. - (1) The Secretary of Defense shall prescribe

regulations for the handling of battlefield objects that are

consistent with the policies expressed in subsection (a) and the

requirements of this section.

(2) When forces of the United States are operating in a theater

of operations, enemy material captured or found abandoned shall be

turned over to appropriate United States or allied military

personnel except as otherwise provided in such regulations. A

member of the armed forces (or other person under the authority of

the armed forces in a theater of operations) may not (except in

accordance with such regulations) take from a theater of operations

as a souvenir an object formerly in the possession of the enemy.

(3) Such regulations shall provide that a member of the armed

forces who wishes to retain as a souvenir an object covered by

paragraph (2) may so request at the time the object is turned over

pursuant to paragraph (2).

(4) Such regulations shall provide for an officer to be

designated to review requests under paragraph (3). If the officer

determines that the object may be appropriately retained as a war

souvenir, the object shall be turned over to the member who

requested the right to retain it.

(5) Such regulations shall provide for captured weaponry to be

retained as souvenirs, as follows:

(A) The only weapons that may be retained are those in

categories to be agreed upon jointly by the Secretary of Defense

and the Secretary of the Treasury.

(B) Before a weapon is turned over to a member, the weapon

shall be rendered unserviceable.

(C) A charge may be assessed in connection with each weapon in

an amount sufficient to cover the full cost of rendering the

weapon unserviceable.

-SOURCE-

(Added Pub. L. 103-160, div. A, title XI, Sec. 1171(a)(1), Nov.

30, 1993, 107 Stat. 1765.)

-MISC1-

REGULATIONS

Section 1171(b) of Pub. L. 103-160 provided that: ''The initial

regulations required by section 2579 of title 10, United States

Code, as added by subsection (a), shall be prescribed not later

than 270 days after the date of enactment of this Act (Nov. 30,

1993). Such regulations shall specifically address the following,

consistent with section 2579 of title 10, United States Code, as

added by subsection (a):

''(1) The general procedures for collection and disposition of

weapons and other enemy material.

''(2) The criteria and procedures for evaluation and

disposition of enemy material for intelligence, testing, or other

military purposes.

''(3) The criteria and procedures for determining when

retention of enemy material by an individual or a unit in the

theater of operations may be appropriate.

''(4) The criteria and procedures for disposition of enemy

material to a unit or other Department of Defense entity as a

souvenir.

''(5) The criteria and procedures for disposition of enemy

material to an individual as an individual souvenir.

''(6) The criteria and procedures for determining when

demilitarization or the rendering unserviceable of firearms is

appropriate.

''(7) The criteria and procedures necessary to ensure that

servicemembers who have obtained battlefield souvenirs in a

manner consistent with military customs, traditions, and

regulations have a reasonable opportunity to obtain possession of

such souvenirs, consistent with the needs of the service.''

-CITE-

10 USC Sec. 2580 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 2580. Donation of excess chapel property

-STATUTE-

(a) Authority To Donate. - The Secretary of a military department

may donate personal property specified in subsection (b) to an

organization described in section 501(c)(3) of the Internal Revenue

Code of 1986 that is a religious organization in order to assist

the organization in restoring or replacing property of the

organization that has been damaged or destroyed as a result of an

act of arson or terrorism, as determined pursuant to procedures

prescribed by the Secretary of Defense.

(b) Property Covered. - (1) The property authorized to be donated

under subsection (a) is furniture and other personal property that

-

(A) is in, or was formerly in, a chapel under the jurisdiction

of the Secretary of a military department and closed or being

closed; and

(B) is determined by the Secretary to be excess to the

requirements of the armed forces.

(2) No real property may be donated under this section.

(c) Donees Not To Be Charged. - No charge may be imposed by the

Secretary of a military department on a donee of property under

this section in connection with the donation. However, the donee

shall agree to defray any expense for shipping or other

transportation of property donated under this section from the

location of the property when donated to any other location.

-SOURCE-

(Added Pub. L. 105-85, div. A, title X, Sec. 1063(a), Nov. 18,

1997, 111 Stat. 1892.)

-REFTEXT-

REFERENCES IN TEXT

Section 501(c)(3) of the Internal Revenue Code of 1986, referred

to in subsec. (a), is classified to section 501(c)(3) of Title 26,

Internal Revenue Code.

-CITE-

10 USC Sec. 2581 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 2581. Excess UH-1 Huey and AH-1 Cobra helicopters:

requirements for transfer to foreign countries

-STATUTE-

(a) Requirements. - (1) Before an excess UH-1 Huey helicopter or

AH-1 Cobra helicopter is transferred on a grant or sales basis to a

foreign country for the purpose of flight operations by that

country, the Secretary of Defense shall make all reasonable efforts

to ensure that the helicopter receives, to the extent necessary,

maintenance and repair equivalent to the depot-level maintenance

and repair (as defined in section 2460 of this title) that the

helicopter would need were the helicopter to remain in operational

use with the armed forces. Any such maintenance and repair work

shall be performed at no cost to the Department of Defense.

(2) The Secretary shall make all reasonable efforts to ensure

that maintenance and repair work described in paragraph (1) is

performed in the United States.

(b) Exception. - Subsection (a) does not apply with respect to

salvage helicopters provided to the foreign country solely as a

source for spare parts.

-SOURCE-

(Added Pub. L. 105-261, div. A, title XII, Sec. 1234(a), Oct. 17,

1998, 112 Stat. 2156.)

-CITE-

10 USC Sec. 2582 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 2582. Military equipment identified on United States munitions

list: annual report of public sales

-STATUTE-

(a) Report Required. - The Secretary of Defense shall prepare an

annual report identifying each public sale conducted by a military

department or Defense Agency of military items that are -

(1) identified on the United States Munitions List maintained

under section 121.1 of title 22, Code of Federal Regulations; and

(2) assigned a demilitarization code of ''B'' or its

equivalent.

(b) Elements of Report. - (1) A report under this section shall

cover all public sales described in subsection (a) that were

conducted during the preceding fiscal year.

(2) The report shall specify the following for each sale:

(A) The date of the sale.

(B) The military department or Defense Agency conducting the

sale.

(C) The manner in which the sale was conducted.

(D) The military items described in subsection (a) that were

sold or offered for sale.

(E) The purchaser of each item.

(F) The stated end-use of each item sold.

(c) Submission of Report. - Not later than March 31 of each year,

the Secretary of Defense shall submit to the Committee on Armed

Services of the House of Representatives and the Committee on Armed

Services of the Senate the report required by this section for the

preceding fiscal year.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec. 381(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-84.)

-COD-

CODIFICATION

Another section 2582 was renumbered section 2583 of this title.

-CITE-

10 USC Sec. 2583 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 2583. Military working dogs: transfer and adoption at end of

useful working life

-STATUTE-

(a) Availability for Adoption. - The Secretary of Defense may

make a military working dog of the Department of Defense available

for adoption by a person or entity referred to in subsection (c) at

the end of the dog's useful working life or when the dog is

otherwise excess to the needs of the Department, unless the dog has

been determined to be unsuitable for adoption under subsection (b).

(b) Suitability for Adoption. - The decision whether a particular

military working dog is suitable or unsuitable for adoption under

this section shall be made by the commander of the last unit to

which the dog is assigned before being declared excess. The unit

commander shall consider the recommendations of the unit's

veterinarian in making the decision regarding a dog's adoptability.

(c) Authorized Recipients. - Military working dogs may be adopted

under this section by law enforcement agencies, former handlers of

these dogs, and other persons capable of humanely caring for these

dogs.

(d) Consideration. - The transfer of a military working dog under

this section may be without charge to the recipient.

(e) Limitations on Liability for Transferred Dogs. - (1)

Notwithstanding any other provision of law, the United States shall

not be subject to any suit, claim, demand or action, liability,

judgment, cost, or other fee arising out of any claim for personal

injury or property damage (including death, illness, or loss of or

damage to property or other economic loss) that results from, or is

in any manner predicated upon, the act or omission of a former

military working dog transferred under this section, including any

training provided to the dog while a military working dog.

(2) Notwithstanding any other provision of law, the United States

shall not be liable for any veterinary expense associated with a

military working dog transferred under this section for a condition

of the military working dog before transfer under this section,

whether or not such condition is known at the time of transfer

under this section.

(f) Annual Report. - The Secretary shall submit to Congress an

annual report specifying the number of military working dogs

adopted under this section during the preceding year, the number of

these dogs currently awaiting adoption, and the number of these

dogs euthanized during the preceding year. With respect to each

euthanized military working dog, the report shall contain an

explanation of the reasons why the dog was euthanized rather than

retained for adoption under this section.

-SOURCE-

(Added Pub. L. 106-446, Sec. 1(a), Nov. 6, 2000, 114 Stat. 1932,

Sec. 2582; renumbered Sec. 2583, Pub. L. 107-107, div. A, title X,

Sec. 1048(a)(25), Dec. 28, 2001, 115 Stat. 1224.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-107 renumbered section 2582 of this title as

this section.

-CITE-