
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2576]

 
                         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
 
Sec. 2576. Surplus military equipment: sale to State and local 
        law enforcement and firefighting agencies
        
    (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 the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 471 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.

(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.)

                       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. The surplus property provisions of that Act are classified 
to chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, 
Property, and Works. For complete classification of this Act to the 
Code, see Short Title note set out under section 471 of Title 40 and 
Tables.


                               Amendments

    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, 
provided that:
    ``(a) Authority.--
        ``(1) Sale of aircraft and aircraft parts.--Notwithstanding 
    section 202 of the Federal Property and Administrative Services Act 
    of 1949 (40 U.S.C. 483) and subject to subsections (b) and (c), the 
    Secretary of Defense may sell, during the period beginning on the 
    date of the enactment of this Act [Apr. 5, 2000] and ending 
    September 30, 2002, 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 Transportation.
    ``(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 Transportation 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 Transportation 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, 2002, 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.''


           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, 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 section 202 of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 483) 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.''
