10 U.S.C. § 2576b: Excess personal property…

Summary

The Secretary of Defense must give Department of Defense personal property that is extra and that is useful for firefighting or emergency medical services, such as protective gear and equipment for communication and monitoring. The items must come from current DoD stocks, be accepted by the firefighting agency in whatever condition and location they are in, be transferred without using DoD procurement funds, and any costs after the transfer must be paid or reimbursed by the recipient. The Secretary can give the property for free subject to that cost rule. State: includes the District of Columbia, Puerto Rico, the Northern Mariana Islands, and any U.S. territory or possession. Firefighting agency: volunteer, paid, or combined departments that provide fire and emergency medical services.

Title 10, §2576b

Armed Forces, Source: USLM XML via OLRC

(a)Transfer Authorized.—

Subject to subsection (b), the Secretary of Defense shall 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 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 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.—

(2)Firefighting agency.—

The term “firefighting agency” means any volunteer, paid, or combined departments that provide fire and emergency medical services.

Notes & Related Subsidiaries

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 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.”

§2576b Excess Personal Property: Sale or Donation to Assist Firefighting Agencies