
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: 10USC2576a]

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

(Added Pub. L. 104-201, div. A, title X, Sec. 1033(a)(1), Sept. 23, 
1996, 110 Stat. 2639.)


                            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).
