TITLE 10 USC Sec. 371
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
371. Use of information collected during military operations
(a) The Secretary of Defense may, in accordance with other applicable law,
provide to Federal, State, or local civilian law enforcement officials any information collected during the normal course of military training or operations that may be relevant to a violation of any Federal or State law within the jurisdiction of such officials.
(b) The needs of civilian law enforcement officials for information shall, to the maximum extent practicable, be taken into account in the planning and execution of military training or operations.
(c) The Secretary of Defense shall ensure, to the extent consistent with national security, that intelligence information held by the Department of Defense and relevant to drug interdiction or other civilian law enforcement matters is provided promptly to appropriate civilian law enforcement officials.
U.S.C. TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
10 USC Sec. 372 (01/16/96)
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
Use of military equipment and facilities
The Secretary of Defense may, in accordance with other applicable law, make available any
equipment (including associated supplies or spare parts), base facility, or research facility of the
Department of Defense to any Federal, State, or local civilian law enforcement official for law
enforcement purposes.
10 USC Sec. 373
U.S.C. TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
Training and advising civilian law enforcement officials
The Secretary of Defense may, in accordance with other applicable law, make Department of
Defense personnel available:
(1) to train Federal, State, and local civilian law enforcement officials in the operation and
maintenance of equipment, including equipment made available under section
(2) to provide such law enforcement officials with expert advice relevant to
the purposes of this chapter.
10 USC Section 374
U.S.C. TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
Maintenance and operation of equipment
The Secretary of Defense may, in accordance with other applicable law, make Department of
Defense personnel available for the maintenance of equipment for Federal, State, and local
civilian law enforcement officials, including equipment made available under section 372 of this
title. (b)(1) Subject to paragraph (2) and in accordance with other applicable law,
the Secretary of Defense may, upon request from the head of a Federal law enforcement
agency, make Department of Defense personnel available to operate equipment (including
equipment made available under section 372 of this title with respect to -
(A) a criminal violation of a provision of law specified in paragraph (4)(A); or
(B) assistance that such agency is authorized to furnish to a State, local,
or foreign government which is involved in the enforcement of similar laws. (2) Department of
Defense personnel made available to a civilian law enforcement agency under this subsection
may operate equipment for the following purposes:
(A) Detection, monitoring, and communication of the movement of air and sea
traffic.
(B) Detection, monitoring, and communication of the movement of surface
traffic outside of the geographic boundary of the United States and within the United States not
to exceed 25 miles of the boundary if the initial detection occurred outside of the boundary.
(C) Aerial reconnaissance.
(D) Interception of vessels or aircraft detected outside the land area of the
United States for the purposes of communicating with such vessels and aircraft to direct such
vessels and aircraft to go to a location designated by appropriate civilian officials.
(E) Operation of equipment to facilitate communications in connection with
law enforcement programs specified in paragraph (4)(A).
(F) Subject to joint approval by the Secretary of Defense and the Attorney
General (and the Secretary of State in the case of a law enforcement operation outside of the
land area of the United States) - (i) the transportation of civilian law enforcement personnel; and
(ii) the operation of a base of operations for civilian law enforcement personnel.
(3) Department of Defense personnel made available to operate equipment for
the purpose stated in paragraph (2)(D) may continue to operate such equipment into the land
area of the United States in cases involving the pursuit of vessels or aircraft where the detection
began outside such land area.
(4) In this subsection:
(A) The term "Federal law enforcement agency" means an agency with
jurisdiction to enforce any of the following:
(i) The Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import
and Export Act (21 U.S.C. 951 et seq.).
(ii) Any of sections 274 through 278 of the Immigration and Nationality Act (8 U.S.C. 1324-1328).
(iii) A law relating to the arrival or departure of merchandise (as defined in section 401 of the
Tariff Act of 1930 (19 U.S.C. 1401) into or out of the customs territory of the United States (as
defined in general note 2 of the Harmonized Tariff Schedule of the United States) or any other
territory or possession of the United States.
(iv) The Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).
(B) The term "land area of the United States" includes the land area of any
territory, commonwealth, or possession of the United States. (c) The Secretary of Defense may,
in accordance with other applicable law, make Department of Defense personnel available to
any Federal, State, or local civilian law enforcement agency to operate equipment for purposes
other than described in subsection (b)(2) only to the extent that such support does not involve
direct participation by such personnel in a civilian law enforcement operation unless such direct
participation is otherwise authorized by law.
10 USC Sec. 375
U.S.C. TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
Restriction on direct participation by military personnel
The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that
any activity (including the provision of any equipment or facility or the assignment or detail of any
personnel) under this chapter does not include or permit direct participation by a member of the
Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity
unless participation in such activity by such member is otherwise authorized by law.
10 USC Sec. 376
U.S.C. TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
Support not to affect adversely military preparedness
Support (including the provision of any equipment or facility or the assignment or detail of any
personnel) may not be provided to any civilian law enforcement official under this chapter if the
provision of such support will adversely affect the military preparedness of the United States.
The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that
the provision of any such support does not adversely affect the military preparedness of the
United States.
10 USC Sec. 377
U.S.C. TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
Reimbursement
(a) To the extent otherwise required by section 1535 of title 31
(popularly known as the "Economy Act") or other applicable law, the Secretary of Defense shall
require a civilian law enforcement agency to which support is provided under this chapter to
reimburse the Department of Defense for that support.
(b) An agency to which support is provided under this chapter is not required
to reimburse the Department of Defense for such support if such support -
(1) is provided in the normal course of military training or operations; or
(2) results in a benefit to the element of the Department of Defense
providing the support that is substantially equivalent to that which would otherwise be obtained
from military operations or training.
TITLE>31 USC Sec. 1535
U.S.C. TITLE 31 - MONEY AND FINANCE
SUBTITLE II - THE BUDGET PROCESS
CHAPTER 15 - APPROPRIATION ACCOUNTING
SUBCHAPTER III - TRANSFERS AND REIMBURSEMENTS
Agency agreements
(a) The head of an agency or major organizational unit within an agency may
place an order with a major organizational unit within the same agency or another agency for
goods or services if -
(1) amounts are available;
(2) the head of the ordering agency or unit decides the order is in the best
interest of the United States Government;
(3) the agency or unit to fill the order is able to provide or get by
contract the ordered goods or services; and
(4) the head of the agency decides ordered goods or services cannot be
provided by contract as conveniently or cheaply by a commercial enterprise.
(b) Payment shall be made promptly by check on the written request of the
agency or unit filling the order. Payment may be in advance or on providing the goods or
services ordered and shall be for any part of the estimated or actual cost as determined by the
agency or unit filling the order. A bill submitted or a request for payment is not subject to audit
or certification in advance of payment. Proper adjustment of amounts paid in advance shall be
made as agreed to by the heads of the agencies or units on the basis of the actual cost of goods
or services provided.
(c) A condition or limitation applicable to amounts for procurement of an
agency or unit placing an order or making a contract under this section applies to the placing of
the order or the making of the contract.
(d) An order placed or agreement made under this section obligates an
appropriation of the ordering agency or unit. The amount obligated is deobligated to the extent
that the agency or unit filling the order has not incurred obligations, before the end of the period
of availability of the appropriation, in -
(1) providing goods or services; or
(2) making an authorized contract with another person to provide the
requested goods or services.
(e) This section does not -
(1) authorize orders to be placed for goods or services to be provided by
convict labor; or
(2) affect other laws about working funds.
10 USC Sec. 378
U.S.C. TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
Nonpreemption of other law
Nothing in this chapter shall be construed to limit the authority of the executive branch in the use
of military personnel or equipment for civilian law enforcement purposes beyond that provided by
law before December 1, 1981.
10 USC Sec. 379
U.S.C. TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
Assignment of Coast Guard personnel to naval vessels for law enforcement purposes
(a) The Secretary of Defense and the Secretary of Transportation shall provide that there be
assigned on board every appropriate surface naval vessel at sea in a drug-interdiction area
members of the Coast Guard who are trained in law enforcement and have powers of the Coast
Guard under title 14, including the power to make arrests and to carry out searches and
seizures.
(b) Members of the Coast Guard assigned to duty on board naval vessels under
this section shall perform such law enforcement functions (including drug-interdiction functions)
- (1) as may be agreed upon by the Secretary of Defense and the Secretary of Transportation;
and (2) as are otherwise within the jurisdiction of the Coast Guard.
(c) No fewer than 500 active duty personnel of the Coast Guard shall be
assigned each fiscal year to duty under this section. However, if at any time the Secretary of
Transportation, after consultation with the Secretary of Defense, determines that there are
insufficient naval vessels available for purposes of this section, such personnel may be assigned
other duty involving enforcement of laws listed in section 374(b)(4)(A) of this title.
(d) In this section, the term "drug-interdiction area" means an area
outside the land area of the United States (as defined in section 374(b)(4)(B) of this title) in
which the Secretary of Defense (in consultation with the Attorney General) determines that
activities involving smuggling of drugs into the United States are ongoing.
10 USC Sec. 380
U.S.C. TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
Enhancement of cooperation with civilian law enforcement officials
(a) The Secretary of Defense, in cooperation with the Attorney General, shall
conduct an annual briefing of law enforcement personnel of each State (including law
enforcement personnel of the political subdivisions of each State) regarding information,
training, technical support, and equipment and facilities available to civilian law enforcement
personnel from the Department of Defense.
(b) Each briefing conducted under subsection (a) shall include the following:
(1) An explanation of the procedures for civilian law enforcement officials -
(A) to obtain information, equipment, training, expert advice, and other personnel support under
this chapter; and
(B) to obtain surplus military equipment.
(2) A description of the types of information, equipment and facilities, and
training and advice available to civilian law enforcement officials from the Department of
Defense.
(3) A current, comprehensive list of military equipment which is suitable for
law enforcement officials from the Department of Defense or available as surplus property from
the Administrator of General Services.
(c) The Attorney General and the Administrator of General Services shall -
(1) establish or designate an appropriate office or offices to maintain the
list described in subsection (b)(3) and to furnish information to civilian law enforcement officials
on the availability of surplus military equipment; and
(2) make available to civilian law enforcement personnel nationwide, tollfree
telephone communication with such office or offices.
10 USC Sec. 381
U.S.C. TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
Procurement by State and local governments of law enforcement equipment suitable for unter-drug activities through the Department of Defense
(a) Procedures. -
(1) The Secretary of Defense shall establish procedures in accordance with this subsection
under which States and units of local government may purchase law enforcement equipment
suitable for counter-drug activities through the Department of Defense. The procedures shall
require the following:
(A) Each State desiring to participate in a procurement of equipment suitable
for counter-drug activities through the Department of Defense shall submit to the Department, in
such form and manner and at such times as the Secretary prescribes, the following:
(i) A request for law enforcement equipment.
(ii) Advance payment for such equipment, in an amount determined by the
Secretary based on estimated or actual costs of the equipment and administrative costs incurred
by the Department.
(B) A State may include in a request submitted under subparagraph (A) only
the type of equipment listed in the catalog produced under subsection (c).
(C) A request for law enforcement equipment shall consist of an enumeration
of the law enforcement equipment that is desired by the State and units of local government
within the State. The Governor of a State may establish such procedures as the Governor
considers appropriate for administering and coordinating requests for law enforcement
equipment from units of local government within the State.
(D) A State requesting law enforcement equipment shall be responsible for arranging and paying
for shipment of the equipment to the State and localities within the State.
(2) In establishing the procedures, the Secretary of Defense shall coordinate with the General
Services Administration and other Federal agencies for purposes of avoiding duplication of
effort.
(b) Reimbursement of Administrative Costs. - In the case of any purchase made
by a State or unit of local government under the procedures established under subsection (a),
the Secretary of Defense shall require the State or unit of local government to reimburse the
Department of Defense for the administrative costs to the Department of such purchase.
(c) GSA Catalog. - The Administrator of General Services, in coordination
with the Secretary of Defense, shall produce and maintain a catalog of law enforcement
equipment suitable for counter-drug activities for purchase by States and units of local
government under the procedures established by the Secretary under this section.
(d) Definitions. - In this section:
(1) 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) The term "unit of local government" means any city, county, township,
town, borough, parish, village, or other general purpose political subdivision of a State; an Indian
tribe which performs law enforcement functions as determined by the Secretary of the Interior; or
any agency of the District of Columbia government or the United States Government performing
law enforcement functions in and for the District of Columbia or the Trust Territory of the Pacific
Islands.
(3) The term "law enforcement equipment suitable for counter-drug activities"
has the meaning given such term in regulations prescribed by the Secretary of Defense. In
prescribing the meaning of the term, the Secretary may not include any equipment that the
Department of Defense does not procure for its own purposes.
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