Sec. 1051. DEPARTMENT OF DEFENSE EXCESS PROPERTY PROGRAM

854 words·~4 min read·/statute-compilations/comps-11831/sec-1051

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1051 DEPARTMENT OF DEFENSE EXCESS PROPERTY PROGRAM ###

(a)Website Required Section 2576a of title 10, United States Code, is amended by adding at the end the following new subsection: > > ### “(e) Publicly Accessible Website > > > ####

(1)> > The Secretary shall create and maintain a publicly available Internet website that provides information on the controlled property transferred under this section and the recipients of such property. > > > #### “(2) > > The contents of the Internet website required under paragraph

(1)shall include all publicly accessible unclassified information pertaining to the request, transfer, denial, and repossession of controlled property under this section, including— > > > ##### “(A) > > a current inventory of all controlled property transferred to Federal and State agencies under this section, listed by the name of the recipient and the year of the transfer; > > > ##### “(B) > > all pending requests for transfers of controlled property under this section, including the information submitted by the Federal and State agencies requesting such transfers; and > > > ##### “(C) > > all reports required to be submitted to the Secretary under this section by Federal and State agencies that receive controlled property under this section.” > . ###

(b)Conditions for Transfer Subsection

(b)of such section is amended— ####

(1)in paragraph (3), by striking “and” at the end; ####

(2)in paragraph (4), by striking the period and inserting “; and”; and ####

(3)by adding at the end the following new paragraphs: > > #### “(5) > > the recipient, on an annual basis, and with the authorization of the relevant local governing body or authority, certifies that it has adopted publicly available protocols for the appropriate use of controlled property, the supervision of such use, and the evaluation of the effectiveness of such use, including auditing and accountability policies; and > > > #### “(6) > > after the completion of the assessment required by section 1051(e) of the National Defense Authorization Act for Fiscal Year 2016, the recipient, on an annual basis, certifies that it provides annual training to relevant personnel on the maintenance, sustainment, and appropriate use of controlled property.” > . ###

(c)Definition of Controlled Property Such section is further amended by adding at the end the following new subsection: > > ### “(f) Controlled Property > > In this section, the term ‘controlled property’ means any item assigned a demilitarization code of B, C, D, E, G, or Q under Department of Defense Manual 4160.21-M, ‘Defense Materiel Disposition Manual’, or any successor document.” > . ###

(d)Examination of Training Requirements The Secretary of Defense shall enter into an agreement with a federally funded research and development center for the conduct of an assessment of the Department of Defense excess property program under section 2576a of title 10, United States Code, as amended by this section. Such assessment shall include— ####

(1)an evaluation of the policies and controls governing the determination of the suitability of recipients of controlled property transferred under the program, including specific recommendations relating to the training that Federal and State agencies that receive such property should receive, at no cost to the Department of Defense, to ensure proficiency in the use, maintenance, and sustainment of such property; and ####

(2)an analysis of reported statistics on controlled property transfers, the incidence of controlled property that is unaccounted for, and the effectiveness of the policies and procedures governing the return of controlled property transferred under the program to the Department of Defense. ###

(e)One-year Mandatory Use Policy Assessment The Secretary of Defense shall enter into an agreement with a federally funded research and development center for the conduct of an assessment of the Department of Defense excess property program under section 2576a of title 10, United States Code, as amended by this section, to determine if the requirement that all controlled property transferred under the program be used within one year of being transferred is achieving its intended effect. Such assessment shall include recommendations on process improvement, including legislative proposals. ###

(f)Comptroller General Assessment Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an assessment of the Department of Defense excess property program under section 2576a of title 10, United States Code, as amended by this section. Such assessment shall include— ####

(1)an evaluation of the transfer of controlled property under the program, including the manner in which the property was used by Federal and State agencies and the effectiveness of the Internet website required under subsection

(e)of section 2576a of title 10, United States Code, as added by subsection (a), in providing transparency to the public; and ####

(2)a determination of whether the transfer of property under the program enhances the ability of Federal and State agencies to carry out counter-drug and counter-terrorism activities in accordance with the purposes of the program as set forth in section 2576a of title 10, United States Code.