CHAPTER 773-DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

Editorial Notes

Amendments

2018- Pub. L. 115–232, div. A, title VIII, §808(e)(4), (f)(1), Aug. 13, 2018, 132 Stat. 1839 , redesignated chapter 443 of this title as this chapter and items 4682 to 4690 as 7682 to 7690, respectively.

2016- Pub. L. 114–328, div. A, title XII, §1253(a)(2)(D), Dec. 23, 2016, 130 Stat. 2532 , struck out item 4681 "Surplus war material: sale to States and foreign governments".

2013- Pub. L. 112–239, div. A, title X, §1051(b), Jan. 2, 2013, 126 Stat. 1935 , substituted "Excess non-automatic service rifles: loan or donation for funeral and other ceremonial purposes" for "Excess M–1 rifles: loan or donation for funeral and other ceremonial purposes" in item 4683.

2006- Pub. L. 109–364, div. A, title III, §353(b), Oct. 17, 2006, 120 Stat. 2161 , added item 4690.

2002- Pub. L. 107–217, §2(2), Aug. 21, 2002, 116 Stat. 1295 , added item 4689.

2000- Pub. L. 106–398, §1 [[div. A], title III, §382(a)(2)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-85, added item 4688.

1999- Pub. L. 106–65, div. A, title III, §381(d)(2), Oct. 5, 1999, 113 Stat. 583 , substituted "Excess M–1 rifles: loan or donation for funeral and other ceremonial purposes" for "Obsolete or condemned rifles: loan to local units of recognized veterans' organizations" in item 4683.

1997- Pub. L. 105–85, div. A, title X, §1065(a)(2), Nov. 18, 1997, 111 Stat. 1895 , added item 4687.

Statutory Notes and Related Subsidiaries

Repurposing and Reuse of Surplus Army Firearms

Pub. L. 115–91, div. A, title III, §348, Dec. 12, 2017, 131 Stat. 1365 , as amended by Pub. L. 115–232, div. A, title III, §354, Aug. 13, 2018, 132 Stat. 1731 , provided that:

"(a) Required Transfer.-Not later than 90 days after the date of the enactment of this Act [Dec. 12, 2017], and subject to subsection (c), the Secretary of the Army shall transfer to a suitable organic facility all excess firearms, related spare parts and components, small arms ammunition, and ammunition components currently stored at Defense Distribution Depot, Anniston, Alabama, that are no longer actively issued for military service and that are otherwise prohibited from commercial sale, or distribution, under Federal law.

"(b) Repurposing and Reuse.-The items specified for transfer under subsection (a) shall be shredded or melted and repurposed for military use as determined by the Secretary of the Army, including-

"(1) the reforging of new firearms or their components; and

"(2) force protection barriers and security bollards.

"(c) Items Exempt From Transfer.-M–1 Garand, caliber .45 M1911/M1911A1 pistols, caliber .22 rimfire rifles, and such additional items as designated by the Secretary in the annual report required under subsection (d) are not subject to the transfer requirement under subsection (a).

"(d) Annual Report.-Not later than 5 days after the budget of the President for a fiscal year is submitted to Congress under section 1105 of title 31, United States Code, the Secretary of the Army, in coordination with the Director of the Defense Logistics Agency, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report specifying additional excess firearms, related spare parts and components, small arms ammunition, and ammunition components designated as no longer actively issued for military service and that are otherwise prohibited from commercial sale, or distribution, under Federal law. The Secretary of the Army shall designate these items to either be added to the transfer list for the purposes described under subsection (b) or the list of items exempted under subsection (c). The report may not include the redesignation or change in status of items previously designated for transfer or exemption pursuant to subsections [sic] (a) or (c).

"(e) Actions Pursuant to Annual Report.-The Secretary of the Army may not take any action to transfer items designated in the report submitted under subsection (d) until the date of the enactment of the National Defense Authorization Act for the fiscal year following the year such report is submitted. Upon enactment of such Act, the Secretary shall transfer or exempt the items so designated."

Alternative Technologies for Munitions Disposal

Pub. L. 114–328, div. A, title III, §314, Dec. 23, 2016, 130 Stat. 2073 , provided that: "In carrying out the disposal of munitions in the stockpile of conventional munitions awaiting demilitarization and disposal, the Secretary of the Army may use cost-competitive technologies that minimize waste generation and air emissions as alternatives to disposal by open burning, open detonation, direct contact combustion, and incineration."