§ 272. Use of military equipment and facilities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1981

   Department of Defense Authorization Act, 1982

   Pub. L. 97–86 title IX § 905(a)(1) · 95 Stat. 1099

   Enacted · 10 U.S.C. § 272

   Added Pub. L. 97–86, title IX, § 905(a)(1), Dec. 1, 1981, 95 Stat. 1115, § 372

   Source evidence

   Code source credit
   Added Pub. L. 97–86, title IX, § 905(a)(1), Dec. 1, 1981, 95 Stat. 1115, § 372

   Enacted provision · exact public law section
   (1) Part I of subtitle A of title 10, United States Code, is amended by adding after chapter 17 the following new chapter: “CHAPTER 18— MILITARY COOPERATION WITH CIVILIAN LAW ENFORCEMENT OFFICIALS “Sec. “371. Use of information collected during military operations. “372. Use of military equipment and facilities. “373. Training and advising civilian law enforcement officials. “374. Assistance by Department of Defense personnel. “375. Restriction on direct participation by military personnel. “376. Assistance not to affect adversely military preparedness. “377. Reimbursement. “378. Nonpreemption of other law. “§ 371. Use of information collected during military operations “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 operations that may be relevant to a violation of any Federal or State law within the jurisdiction of such officials. “§ 372. Use of military equipment and facilities “The Secretary of Defense may, in accordance with other applicable law, make available any equipment, base facility, or research facility of the Army, Navy, Air Force, or Marine Corps to any Federal, State, or local civilian law enforcement official for law enforcement purposes. “§ 373. Training and advising civilian law enforcement officials “The Secretary of Defense may assign members of the Army, Navy, Air Force, and Marine Corps to train Federal, State, and local civilian law enforcement officials in the operation and maintenance of equipment made available under section 372 of this title and to provide expert advice relevant to the purposes of this chapter. “§ 374. Assistance by Department of Defense personnel “(a) Subject to subsection (b), the Secretary of Defense, upon request from the head of an agency with jurisdiction to enforce— “(1) 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.); “(2) any of sections 274 through 278 of the Immigration and Nationality Act (8 U.S.C. 1324–1328); or “(3) 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 headnote 2 of the Tariff Schedules of the United States (19 U.S.C. 1202)) or any other territory or possession of the United States, may assign personnel of the Department of Defense to operate and maintain or assist in operating and maintaining equipment made available under section 372 of this title with respect to any criminal violation of any such provision of law. “(b) Except as provided in subsection (c), equipment made available under section 372 of this title may be operated by or with the assistance of personnel assigned under subsection (a) only to the extent the equipment is used for monitoring and communicating the movement of air and sea traffic. “(c) (1) In an emergency circumstance, equipment operated by or with the assistance of personnel assigned under subsection (a) may be used outside the land area of the United States (or any territory or possession of the United States) as a base of operations by Federal law enforcement officials to facilitate the enforcement of a law listed in subsection (a) and to transport such law enforcement officials in connection with such operations, if— “(A) equipment operated by or with the assistance of personnel assigned under subsection (a) is not used to interdict or to interrupt the passage of vessels or aircraft; and “(B) the Secretary of Defense and the Attorney General jointly determine that an emergency circumstance exists. “(2) For purposes of this subsection, an emergency circumstance may be determined to exist only when— “(A) the size or scope of the suspected criminal activity in a given situation poses a serious threat to the interests of the United States; and “(B) enforcement of a law listed in subsection (a) would be seriously impaired if the assistance described in this subsection were not provided. “§ 375. Restriction on direct participation by military personnel “The Secretary of Defense shall issue such regulations as may be necessary to insure that the provision of any assistance (including the provision of any equipment or facility or the assignment of any personnel) to any civilian law enforcement official under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in an interdiction of a vessel or aircraft, a search and seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law. “§ 376. Assistance not to affect adversely military preparedness “Assistance (including the provision of any equipment or facility or the assignment of any personnel) may not be provided to any civilian law enforcement official under this chapter if the provision of such assistance will adversely affect the military preparedness of the United States. The Secretary of Defense shall issue such regulations as may be necessary to insure that the provision of any such assistance does not adversely affect the military preparedness of the United States. “§ 377. Reimbursement “The Secretary of Defense shall issue regulations providing that reimbursement may be a condition of assistance to a civilian law enforcement official under this chapter. “§ 378. 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 prior to the enactment of this chapter.”.

2. 1988

   National Defense Authorization Act, Fiscal Year 1989

   Pub. L. 100–456 div. A title XI § 1104(a) · 102 Stat. 1918

   1. Amended · 10 U.S.C. § 272

      Pub. L. 100–456 amended section generally

   2. Inserted · 10 U.S.C. § 272

      Pub. L. 100–456 inserting “(including associated supplies or spare parts)”

   3. Substituted · 10 U.S.C. § 272

      Pub. L. 100–456 substituting “Department of Defense” for “Army, Navy, Air Force, or Marine Corps”

   Source evidence

   Code amendment note
   Pub. L. 100–456 amended section generally, inserting “(including associated supplies or spare parts)” and substituting “Department of Defense” for “Army, Navy, Air Force, or Marine Corps”.

   Enacted provision · exact public law section
   (a) Revision of Support for Civilian Law Enforcement Agencies.— Chapter 18 of title 10, United States Code, is amended to read as follows: “CHAPTER 8— MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES “Sec. “371. Use of information collected during military operations. “372. Use of military equipment and facilities. “373. Training and advising civilian law enforcement officials. “374. Maintenance and operation of equipment. “375. Restriction on direct participation by military personnel. “376. Support not to affect adversely military preparedness. “377. Reimbursement. “378. Nonpreemption of other law. “379. Assignment of Coast Guard personnel to naval vessels for law enforcement purposes. “380. Enhancement of cooperation with civilian law enforcement officials. “§ 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. “§ 372. 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. “§ 373. 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 372 of this title; and “(2) to provide such law enforcement officials with expert advice relevant to the purposes of this chapter. “§ 374. Maintenance and operation of equipment “(a) 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) Aerial reconnaissance. “(C) 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. “(D) Operation of equipment to facilitate communications in connection with law enforcement programs specified in paragraph (4)(A). “(E) Subject to joint approval by the Secretary of Defense, the Attorney General, and the Secretary of State, in connection with a law enforcement operation outside 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)(C) 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 headnote 2 of the Tariff Schedules 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 paragraph (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. “§ 375. Restriction on direct participation by military personnel “The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that the provision of any support (including the provision of any equipment or facility or the assignment or detail of any personnel) to any civilian law enforcement official 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 and seizure, an arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law. “§ 376. 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 Regulations. 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. “§ 377. 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. “§ 378. 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. “§ 379. 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. “§ 380. 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.”.

3. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title III § 378 · 110 Stat. 186

   1. Amended · 10 U.S.C. § 272

      Pub. L. 104–106 designated existing provisions as subsec. (a)

   2. Inserted · 10 U.S.C. § 272

      Pub. L. 104–106 inserted heading

   3. Added · 10 U.S.C. § 272

      Pub. L. 104–106 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 104–106 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

   Enacted provision · exact public law section
   SEC. 378. PROVISION OF EQUIPMENT AND FACILITIES TO ASSIST IN EMERGENCY RESPONSE ACTIONS. Section 372 of title 10, United States Code, is amended— (1) by inserting “(a) In General.—” before “The Secretary of Defense”; and (2) by adding at the end the following new subsection: “(b) Emergencies Involving Chemical and Biological Agents.— (1) In addition to equipment and facilities described in subsection (a), the Secretary may provide an item referred to in paragraph (2) to a Federal, State, or local law enforcement or emergency response agency to prepare for or respond to an emergency involving chemical or biological agents if the Secretary determines that the item is not reasonably available from another source. “(2) An item referred to in paragraph (1) is any material or expertise of the Department of Defense appropriate for use in preparing for or responding to an emergency involving chemical or biological agents, including the following: “(A) Training facilities. “(B) Sensors. “(C) Protective clothing. “(D) Antidotes.”.

4. 1996

   Defense Against Weapons of Mass Destruction Act of 1996

   Pub. L. 104–201 div. A title XIV § 1416(b) · 110 Stat. 2422

   Inserted · 10 U.S.C. § 272(b)(1)

   Pub. L. 104–201 inserted at end “The requirement for a determination that an item is not reasonably available from another source does not apply to assistance provided under section 382 of this title pursuant to a request of the Attorney General for the assistance.”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 104–201 inserted at end “The requirement for a determination that an item is not reasonably available from another source does not apply to assistance provided under section 382 of this title pursuant to a request of the Attorney General for the assistance.”

   Enacted provision · exact public law section
   (b) Conforming Amendment to Condition for Providing Equipment and Facilities.— Section 372(b)(1) of title 10, United States Code, is amended by adding at the end the following new sentence: “The requirement for a determination that an item is not reasonably available from another source does not apply to assistance provided under section 382 of this title pursuant to a request of the Attorney General for the assistance.”.

5. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 div. A title III § 351 · 126 Stat. 1632

   Struck · 10 U.S.C. § 272

   Pub. L. 112–239 struck out “(a) In General.—” before “The Secretary” and subsec. (b) which related to emergencies involving chemical and biological agents

   Source evidence

   Code amendment note
   Pub. L. 112–239 struck out “(a) In General.—” before “The Secretary” and subsec. (b) which related to emergencies involving chemical and biological agents.

   Enacted provision · exact public law section
   SEC. 351. REPEAL OF REDUNDANT AUTHORITY TO ENSURE INTEROPERABILITY OF LAW ENFORCEMENT AND EMERGENCY RESPONDER TRAINING.   Section 372 of title 10, United States Code, is amended— (1) by striking “(a) In General.—”; and (2) by striking subsection (b).

6. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title XII § 1241(a)(2) · 130 Stat. 2000

   Changed · 10 U.S.C. § 272

   Pub. L. 114–328 renumbered section 372 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 114–328 renumbered section 372 of this title as this section.

   Enacted provision · exact public law section
   (2) by redesignating sections 261, 311, 312, 331, 332, 333, 334, 335, 351, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, and 384 (as added by section 1011 of this Act) as sections 241, 246, 247, 251, 252, 253, 254, 255, 261, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284, respectively; and

10 of 10 references resolved to an enrolled provision