# § 2576b. Excess personal property: sale or donation to assist firefighting agencies
**(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.—** The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.
**(2)** **Firefighting agency.—** The term “firefighting agency” means any volunteer, paid, or combined departments that provide fire and emergency medical services.
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**Source Credit**: (Added Pub. L. 106–398, § 1 [[div. A], title XVII, § 1706(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–367; amended Pub. L. 108–375, div. A, title III, § 354, Oct. 28, 2004, 118 Stat. 1861.)
## Editorial Notes
### Amendments
2004—Subsecs. (a), (b). 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
> **“(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
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> **“(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.
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> **“(2)** The International Association of Fire Fighters.
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> **“(3)** The National Volunteer Fire Council.
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> **“(4)** The International Association of Arson Investigators.
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> **“(5)** The International Society of Fire Service Instructors.
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> **“(6)** The National Association of State Fire Marshals.
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> **“(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.”
, title XVII, § 1707], , , 1654A–367, provided that: