PRIA, Government Policy, Made Personal

Summary

The Secretary of Defense can give extra nonlethal Department of Defense supplies to be used for humanitarian relief or to help in domestic emergencies. The Secretary can also give extra clothing, shoes, sleeping bags, and similar nonlethal items to the Secretary of Veterans Affairs to distribute to homeless veterans and programs that help them. Those transfers to the VA must be made without payment. Supplies for humanitarian relief are sent to the Secretary of State to distribute. Supplies for domestic emergency help go to the Secretary of Homeland Security, and the Department of Defense can assist distribution if Homeland Security asks. This law does not let the Department of Defense carry out intelligence activities that would require notifying the intelligence committees. Definitions: nonlethal excess supplies — surplus DoD property (not land) that is not a weapon, ammo, or gear meant to cause serious injury or death. intelligence committees — the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence.

Title 10, §2557

Armed Forces, Source: USLM XML via OLRC

(a)(1)The Secretary of Defense may make available for humanitarian relief purposes any nonlethal excess supplies of the Department of Defense. In addition, the Secretary may make nonlethal excess supplies of the Department available to support domestic emergency assistance activities.

(2)The Secretary of Defense may make excess clothing, shoes, sleeping bags, and related nonlethal excess supplies available to the Secretary of Veterans Affairs for distribution to homeless veterans and programs assisting homeless veterans. The transfer of nonlethal excess supplies to the Secretary of Veterans Affairs under this paragraph shall be without reimbursement.

(b)(1)Excess supplies made available for humanitarian relief purposes under this section shall be transferred to the Secretary of State, who shall be responsible for the distribution of such supplies.

(2)Excess supplies made available under this section to support domestic emergency assistance activities shall be transferred to the Secretary of Homeland Security. The Secretary of Defense may provide assistance in the distribution of such supplies at the request of the Secretary of Homeland Security.

(c)This section does not constitute authority to conduct any activity which, if carried out as an intelligence activity by the Department of Defense, would require a notice to the intelligence committees under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).

(d)In this section:

(1)The term “nonlethal excess supplies” means property, other than real property, of the Department of Defense—

(A)that is excess property, as defined in regulations of the Department of Defense; and

(B)that is not a weapon, ammunition, or other equipment or material that is designed to inflict serious bodily harm or death.

(2)The term “intelligence committees” means the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Security Act of 1947, referred to in subsec. (c), is act July 26, 1947, ch. 343, 61 Stat. 495. Title V of the Act is classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.

Amendments

2014—Subsec. (c). Pub. L. 113–291 substituted “(50 U.S.C. 3091 et seq.)” for “(50 U.S.C. 413 et seq.)”. 2011—Pub. L. 111–383, § 1074(b)(1), substituted “Excess nonlethal supplies: availability for humanitarian relief, domestic emergency assistance, and homeless veterans assistance” for “Excess nonlethal supplies: availability for homeless veteran initiatives and humanitarian relief” in section catchline. Subsec. (a)(1). Pub. L. 111–383, § 1074(a)(1), inserted at end “In addition, the Secretary may make nonlethal excess supplies of the Department available to support domestic emergency assistance activities.” Subsec. (b). Pub. L. 111–383, § 1074(a)(2), designated existing provisions as par. (1) and added par. (2). 2001—Pub. L. 107–107, § 361(b)(1), inserted “availability for homeless veteran initiatives and” before “humanitarian relief” in section catchline. Subsec. (a). Pub. L. 107–107, § 361(a), designated existing provisions as par. (1) and added par. (2). 2000—Pub. L. 106–398 renumbered section 2547 of this title as this section. 1991—Subsec. (c). Pub. L. 102–88 struck out par. (1) which read as follows: “a finding under section 662 of the Foreign Assistance Act of 1961 (22 U.S.C. 2422); or”, struck out par. (2) designation, and substituted “title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.)” for “section 501(a)(1) of the National Security Act of 1947 (50 U.S.C. 413)”. 1990—Subsecs. (d), (e). Pub. L. 101–510 redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “(1) The Secretary of State shall submit an annual report on the disposition of all excess supplies transferred by the Secretary of Defense to the Secretary of State under this section during the preceding year. “(2) Such reports shall be submitted to the Committees on Armed Services and on Foreign Relations of the Senate and the Committees on Armed Services and on Foreign Affairs of the House of Representatives. “(3) Such reports shall be submitted not later than June 1 of each year.” 1987—Subsec. (e)(1), (2). Pub. L. 100–26 inserted “The term” after each par. designation and struck out uppercase letter of first word after first quotation marks in each par. and substituted lowercase letter.

§2557 Excess Nonlethal Supplies: Availability for Humanitarian Relief, Domestic Emergency Assistance, and Homeless Veterans Assistance