§ 2576. Surplus military equipment: sale to State and local law enforcement, firefighting, homeland security, and emergency management agencies

§ 2576. Surplus military equipment: sale to State and local law enforcement, firefighting, homeland security, and emergency management agencies

(a) The Secretary of Defense, under regulations prescribed by him, may sell to State and local law enforcement, firefighting, homeland security, and emergency management agencies, at fair market value, pistols, revolvers, shotguns, rifles of a caliber not exceeding .30, ammunition for such firearms, gas masks, personal protective equipment, and other appropriate equipment which (1) are suitable for use by such agencies in carrying out law enforcement, firefighting, homeland security, and emergency management activities, and (2) have been determined to be surplus property under subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(b) Such surplus military equipment shall not be sold under the provisions of this section to a State or local law enforcement, firefighting, homeland security, or emergency management 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, firefighting, homeland security, or emergency management 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.

(Added Pub. L. 90–500, title IV, § 403(a) Sept. 20, 1968, 82 Stat. 851; amended Pub. L. 96–513, title V, § 511(85), Dec. 12, 1980, 94 Stat. 2927; Pub. L. 107–217, § 3(b)(10), Aug. 21, 2002, 116 Stat. 1296; Pub. L. 111–350, § 5(b)(42), Jan. 4, 2011, 124 Stat. 3846; Pub. L. 111–383, div. A, title X, § 1072(a)–(c)(1), Jan. 7, 2011, 124 Stat. 4366.)

Editorial Notes

Amendments

2011—Pub. L. 111–383, § 1072(c)(1), substituted “Surplus military equipment: sale to State and local law enforcement, firefighting, homeland security, and emergency management agencies” for “Surplus military equipment: sale to State and local law enforcement and firefighting agencies” in section catchline.

Subsec. (a). Pub. L. 111–383, § 1072(a)(1), (b), substituted “State and local law enforcement, firefighting, homeland security, and emergency management agencies” for “State and local law enforcement and firefighting agencies”, “personal protective equipment, and other appropriate equipment” for “and protective body armor”, and “in carrying out law enforcement, firefighting, homeland security, and emergency management activities” for “in carrying out law enforcement and firefighting activities”.

Pub. L. 111–350 substituted “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)”.

Subsec. (b). Pub. L. 111–383, § 1072(a)(2), substituted “State or local law enforcement, firefighting, homeland security, or emergency management agency” for “State or local law enforcement or firefighting agency” in two places.

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”.

Statutory Notes and Related Subsidiaries

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.

Transfer of Excess Aircraft to Other Departments of the Federal Government and to States

Pub. L. 112–239, div. A, title X, § 1091, Jan. 2, 2013, 126 Stat. 1971, as amended by Pub. L. 117–263, div. A, title X, § 1060, Dec. 23, 2022, 136 Stat. 2781, provided that: “(a) Transfer.—The Secretary of Defense may transfer excess aircraft specified in subsection (b) to the Secretary of Agriculture for use by the Forest Service, to the Secretary of Homeland Security for use by the United States Coast Guard, and to the Governor of a State. The transfer of any excess aircraft under this subsection shall be without reimbursement. “(b) Aircraft.—The aircraft transferred under subsection (a) are aircraft of the Department of Defense that are—“(1) identified by the Forest Service, the United States Coast Guard, or the Governor of a State, as the case may be, as a suitable platform to carry out wildfire suppression, search and rescue, or emergency operations pertaining to wildfires; “(2) excess to the needs of the Department of Defense, as determined by the Secretary of Defense; “(3) in the case of aircraft to be transferred to the Secretary of Agriculture, acceptable for use by the Forest Service, as determined by the Secretary of Agriculture; “(4) in the case of aircraft to be transferred to the Secretary of Homeland Security, acceptable for use by the United States Coast Guard, as determined by the Secretary of Homeland Security; and “(5) in the case of aircraft to be transferred to the Governor of a State, acceptable for use by the State, as determined by the Governor. “(c) Order of Transfers.—“(1) Rights of refusal.—In implementing the transfers authorized by subsection (a), the Secretary of Defense shall afford the Secretary of Agriculture the right of first refusal and the Secretary of Homeland Security the second right of refusal in the transfer to each department by the Secretary of Defense of excess aircraft specified in subsection (b) before the transfer of such excess aircraft is offered to the Governor of a State or to any other department or agency of the Federal Government. “(2) Expiration of right of refusal.—A right of refusal afforded the Secretary of Agriculture or the Secretary of Homeland Security under paragraph (1) with regards to an aircraft shall expire upon official notice of such Secretary to the Secretary of Defense that such Secretary declines such aircraft. “(d) Conditions of Certain Transfers.—Excess aircraft transferred to the Secretary of Agriculture or to the Governor of a State under subsection (a)—“(1) may be used only for purposes of wildfire suppression, search and rescue, or emergency operations pertaining to wildfires; 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, search and rescue, emergency operations pertaining to wildfires, or for other purposes approved by the Secretary of Agriculture or Governor of the State, as the case may be, in writing in advance. “(e) Additional Limitation.—Excess aircraft transferred under subsection (a) may not be sold by the Secretary of Agriculture, the Secretary of Homeland Security, or the Governor of a State after transfer. “(f) Costs After Transfer.—Any costs of operation, maintenance, sustainment, and disposal of excess aircraft transferred under subsection (a) after the date of transfer shall be borne by the Secretary of Agriculture, the Secretary of Homeland Security, or the Governor of the State to which such aircraft is transferred using only State funds, as applicable. “(g) Reporting.—Not later than December 1, 2022, and annually thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on aircraft transferred, during the fiscal year preceding the date of such report, to—“(1) the Secretary of Agriculture, the Secretary of Homeland Security, or the Governor of a State under this section; “(2) the chief executive officer of a State under section 112 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1318); or “(3) the Secretary of the Air Force or the Secretary of Agriculture under section 1098 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 881).”

Commercial Sale of Small Arms Ammunition and Small Arms Ammunition Components in Excess of Military Requirements, and Fired Cartridge Cases

Pub. L. 111–383, div. A, title III, § 346, Jan. 7, 2011, 124 Stat. 4191, as amended by Pub. L. 112–81, div. A, title III, § 361, Dec. 31, 2011, 125 Stat. 1377, provided that: “(a) Commercial Sale of Small Arms Ammunition, Small [Arms] Ammunition Components, and Fired Cartridge Cases.—Small arms ammunition and small [arms] ammunition components which are in excess of military requirements, and intact fired small arms cartridge cases shall be made available for commercial sale. Such small arms ammunition, small arms ammunition components, and intact fired cartridge cases shall not be demilitarized, destroyed, or disposed of, unless in excess of commercial demands or certified by the Secretary of Defense as unserviceable or unsafe. This provision shall not apply to ammunition, ammunition components, or fired cartridge cases stored or expended outside the continental United States (OCONUS). “(b) Deadline for Guidance.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012 [Dec. 31, 2011], the Secretary of Defense shall issue guidance to ensure compliance with subsection (a). Not later than 15 days after issuing such guidance, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a letter of compliance providing notice of such guidance. “(c) Preference.—No small arms ammunition or small arms ammunition components in excess of military requirements, or fired small arms cartridge cases may be made available for commercial sale under this section before such ammunition and ammunition components are offered for transfer or purchase, as authorized by law, to another Federal department or agency or for sale to State and local law enforcement, firefighting, homeland security, and emergency management agencies pursuant to section 2576 of title 10, United States Code, as amended by this Act. “(d) Sales Controls.—All small arms ammunition and small arms ammunition components, and fired small arms cartridge cases made available for commercial sale under this section shall be subject to all explosives safety and trade security controls in effect at the time of sale. “(e) Definitions.—In this section:“(1) Small arms ammunition.—The term ‘small arms ammunition’ means ammunition or ordnance for firearms up to and including .50 caliber and for shotguns. “(2) Small arms ammunition components.—The term ‘small arms ammunition components’ means components, parts, accessories, and attachments associated with small arms ammunition. “(3) Fired cartridge cases.—The term ‘fired cartridge cases’ means expended small arms cartridge cases (ESACC).”

Authority To Sell Aircraft and Aircraft Parts for Use in Responding to Oil Spills