§ 275. Restriction on direct participation by military personnel

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 · 95 Stat. 1099

   Enacted · 10 U.S.C. § 275

   Added Pub. L. 97–86, title IX § 905(a)(1), Dec. 1, 1981, 95 Stat. 1116, § 375

   Source evidence

   Code source credit
   Added Pub. L. 97–86, title IX § 905(a)(1), Dec. 1, 1981, 95 Stat. 1116, § 375

   Enacted provision · exact public law
   TITLE IX— GENERAL PROVISIONS Sec. 901. requirement of annual authorization of appropriations for ammunition and for other procurement not currently subject to annual authorization (a) Section 138(a) of title 10, United States Code, is amended— (1) by striking out “or” at the end of clause (6); and (2) by inserting after clause (7) the following new clauses: “(8) procurement of ammunition; or “(9) other procurement by any armed force or by the activities and agencies of the Department of Defense (other than the military departments);”. (b) The amendments made by subsection (a) shall apply with 10 USC 138 note. respect to funds appropriated for fiscal years beginning after September 30, 1982. Sec. 902. requirement for annual report on national guard and reserve component equipment Section 138(b) of title 10, United States Code, is amended— (1) by inserting “(1)” after “(b)”; (2) by inserting “average” after “authorize the”; and (3) by adding at the end thereof the following new paragraph: “(2) The Secretary of Defense shall submit to the Congress each Report to Congress. year, not later than February 15, a written report concerning the equipment of the National Guard and the reserve components of the armed forces for each of the three succeeding fiscal years. Each such report shall include— “(A) recommendations as to the type and quantity of each major item of equipment which should be in the inventory of the Selected Reserve of the Ready Reserve of each reserve component of the armed forces; “(B) the quantity and average age of each type of major item of equipment which is expected to be physically available in the inventory of the Selected Reserve of the Ready Reserve of each reserve component as of the beginning of each fiscal year covered by the report; “(C) the quantity and cost of each type of major item of equipment which is expected to be procured for the Selective Reserve of the Ready Reserve of each reserve component from commercial sources or to be transferred to each such Selected Reserve from the active-duty components of the armed forces; and “(D) the quantity of each type of major item of equipment which is expected to be retired, decommissioned, transferred, or otherwise removed from the physical inventory of the Selected Reserve of the Ready Reserve of each reserve component and the plans for replacement of that equipment. The report required by this paragraph shall be prepared and expressed in the same format and with the same level of detail as the information presented in the annual Five Year Defense Program Procurement Annex prepared by the Department of Defense.”. Sec. 903. deferral of personnel end-strength limitations during a national emergency Section 138(c) of title 10, United States Code, is amended by adding at the end thereof the following new paragraph: “(4) If at the end of any fiscal year there is in effect a war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the armed forces or of the Department of Defense. Any such deferral may not extend Notification to Congress. beyond November 30 of the following fiscal year. The President shall promptly notify Congress of any deferral of an end-strength limitation under this paragraph.”. Sec. 904. prohibition of certain civilian personnel management constraints (a) Chapter 4 of title 10, United States Code, is amended by adding at the end thereof the following new section: “§ 140b. Prohibition of certain civilian personnel management constraints “The civilian personnel of the Department of Defense shall be managed each fiscal year solely on the basis of and consistent with (1) the workload required to carry out the functions and activities of the department, (2) the funds made available to the department for such fiscal year, and (3) the authorized end strength for the civilian personnel of the department for such fiscal year. The management of such personnel in any fiscal year shall not be subject to any man-year constraint or limitation.”. (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: “140b. Prohibition of certain civilian personnel management constraints.”. Sec. 905. authorization of military cooperation with civilian law enforcement officials (a) (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) The tables of chapters at the beginning of subtitle A of such title and at the beginning of part I of subtitle A of such title are amended by adding after the item relating to chapter 17 the following new item: “18. Military Cooperation With Civilian Law Enforcement Officials (b) Not later than 30 days after the end of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit a comprehensive report to Congress on the operation through the end of such period of chapter 18 of title 10, United States Code (as added by subsection (a)). Such report shall include findings of the Secretary concerning the effect of assistance provided under such chapter. Sec. 906. determination of charges for champus payments (a) (1) Subsection (h) of section 1079 of title 10, United States Code, is amended to read as follows: “(h) (1) Payment for a charge for services by an individual healthcare professional (or other noninstitutional health-care provider) for which a claim is submitted under a plan contracted for under subsection (a) may be denied only to the extent that the charge exceeds the amount equivalent to the 90th percentile of billed charges made for similar services in the same locality during the base period. “(2) For the purposes of paragraph (1), the 90th percentile of charges shall be determined by the Secretary of Defense, in consultation with the Secretary of Health and Human Services, and the base period shall be a period of twelve calendar months. The base period shall be adjusted at least once a year.”. (2) Section 1086(f) of such title is amended by striking out “physician services” and inserting in lieu thereof “services by an individual health-care professional (or other noninstitutional health-care provider)”. (b) The amendments made by subsection (a) shall apply with Effective date. 10 USC 1079 note. respect to claims submitted for payment for services provided after the end of the 30-day period beginning on the date of the enactment of this Act. Sec. 907. increases in dollar thresholds for certain defense contract regulations (a) Sections 2304(a)(3) and 2304(g) of title 10, United States Code, are amended by striking out “$10,000” and inserting in lieu thereof “$25,000”. (b) Section 2306(f)(1) of such title is amended by striking out “$100,000” each place it appears and inserting in lieu thereof “$500,000”. (c) Section 2311 of such title is amended by striking out “$100,000” and inserting in lieu thereof “$5,000,000”. Sec. 908. procurement of automatic data processing equipment (a) (1) Chapter 137 of title 10, United States Code, is amended by adding at the end thereof the following new section: “§ 2315. Law inapplicable to the procurement of automatic data processing equipment and services for certain defense purposes “(a) Section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 795) is not applicable to the procurement by 40 USC 759. the Department of Defense of automatic data processing equipment or services if the function, operation, or use of the equipment or services— “(1) involves intelligence activities; “(2) involves cryptologic activities related to national security; “(3) involves the command and control of military forces; “(4) involves equipment that is an integral part of a weapon or weapons system; or “(5) subject to subsection (b), is critical to the direct fulfillment of military or intelligence missions. “(b) Subsection (a)(5) does not include procurement of automatic data processing equipment or services to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).”. (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: “2315. Law inapplicable to the procurement of automatic data processing equipment and services for certain defense purposes.”. (b) Section 2315 of title 10, United States Code, as added by subsection (a), does not apply to a contract made before the date of the enactment of this Act. Sec. 909. multiyear procurement (a) Section 2301 of title 10, United States Code, is amended— (1) by striking out “It is” and inserting in lieu thereof “(b) It is also”; and (2) by inserting after the section heading the following: “(a) (1) The Congress finds that in order to ensure national defense preparedness, to conserve fiscal resources, and to enhance defense production capability, it is in the interest of the United States to acquire property and services for the Department of Defense in the most timely, economic, and efficient manner. It is therefore the policy of the Congress that services and property (including weapon systems and associated items) for the Department of Defense be acquired by any kind of contract, other than cost-plus-a-percentage-of-cost contracts, but including multiyear contracts, that will promote the interest of the United States. Further, it is the policy of the Congress that such contracts, when practicable, provide for the purchase of property at times and in quantities that will result in reduced costs to the Government and provide incentives to contractors to improve productivity through investment in capital facilities, equipment, and advanced technology. “(2) It is also the policy of the Congress that contracts for advance procurement of components, parts, and materials necessary for manufacture or for logistics support of a weapon system should, if feasible and practicable, be entered into in a manner to achieve economic-lot purchases and more efficient production rates.”. (b) Section 2306 of such title is amended— (1) by striking out “to be performed outside the forty-eight contiguous States and the District of Columbia” in subsection (g); and (2) by adding at the end thereof the following new subsection: “(h) (1) To the extent that funds are otherwise available for obligation, the head of an agency may make multiyear contracts (other than contracts described in paragraph (6)) for the purchase of property, including weapon systems and items and services associated with weapon systems (or the logistics support thereof), whenever he finds— “(A) that the use of such a contract will promote the national security of the United States and will result in reduced total costs under the contract; “(B) that the minimum need for the property to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities; “(C) that there is a reasonable expectation that throughout the contemplated contract period the Department of Defense will request funding for the contract at the level required to avoid contract cancellation; “(D) that there is a stable design for the property to be acquired and that the technical risks associated with such property are not excessive; and “(E) that the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract are realistic. “(2) (A) The Secretary of Defense shall prescribe defense acquisition Regulations. regulations to promote the use of multiyear contracting as authorized by paragraph (1) in a manner that will allow the most efficient use of multiyear contracting. “(B) Such regulations may provide for cancellation provisions in such multiyear contracts to the extent that such provisions are necessary and in the best interests of the United States. Such cancellation provisions may include consideration of both recurring and nonrecurring costs of the contractor associated with the production of the items to be delivered under the contract. “(C) In order to broaden the defense industrial base, such regulations shall provide that, to the extent practicable— “(i) multiyear contracting under paragraph (1) shall be used in such a manner as to seek, retain, and promote the use under such contracts of companies that are subcontractors, vendors, or suppliers; and “(ii) upon accrual of any payment or other benefit under such a multiyear contract to any subcontractor, vendor, or supplier company participating in such contract, such payment or benefit shall be delivered to such company in the most expeditious manner practicable. “(D) Such regulations shall also provide that, to the extent practicable, the administration of this subsection, and of the regulations prescribed under this subsection, shall not be carried out in a manner to preclude or curtail the existing ability of agencies in the Department of Defense to— “(i) provide for competition in the production of items to be delivered under such a contract; or “(ii) provide for termination of a prime contract the performance of which is deficient with respect to cost, quality, or schedule. “(3) Before any contract described in paragraph (1) that contains a Cancellation notification to congressional committees. clause setting forth a cancellation ceiling in excess of $100,000,000 may be awarded, the head of the agency concerned shall give written notification of the proposed contract and of the proposed cancellation ceiling for that contract to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives, and such contract may not then be awarded until the end of a period of 30 days beginning on the date of such notification. “(4) Contracts made under this subsection may be used for the advance procurement of components, parts, and materials necessary to the manufacture of a weapon system, and contracts may be made under this subsection for such advance procurement, if feasible and practical, in order to achieve economic-lot purchases and more efficient production rates. “(5) In the event funds are not made available for the continuation of a contract made under this subsection into a subsequent fiscal year, the contract shall be canceled or terminated, and the costs of cancellation or termination may be paid from— “(A) appropriations originally available for the performance of the contract concerned; “(B) appropriations currently available for procurement of the type of property concerned, and not otherwise obligated; or “(C) funds appropriated for those payments. “(6) This subsection does not apply to contracts for the construction, alteration, or major repair of improvements to real property or contracts for the purchase of property to which section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) applies. “(7) This subsection does not apply to the Coast Guard or the National Aeronautics and Space Administration. “(8) For the purposes of this subsection, a multiyear contract is a contract for the purchase of property or services for more than one, but not more than five, program years. Such a contract may provide that performance under the contract during the second and subsequent years of the contract is contingent upon the appropriation of funds and (if it does so provide) may provide for a cancellation payment to be made to the contractor if such appropriations are not made.”. (c) Section 139(c) of such title is amended— (1) by striking out “and” at the end of clause (2); (2) by striking out the period at the end of clause (3) and inserting in lieu thereof “; and”; and (3) by adding at the end thereof the following: “(4) the most efficient production rate and the most efficient acquisition rate consistent with the program priority established for such weapon system by the Secretary concerned.”. (d) Not later than the end of the 90-day period beginning on the date of the enactment of this Act— (1) the Secretary of Defense shall issue such modifications to existing regulations governing defense acquisitions as may be necessary to implement the amendments made by subsections (a), (b), and (c); and (2) the Director of the Office of Management and Budget shall issue such modifications to existing Office of Management and Budget directives as may be necessary to take into account the amendments made by subsections (a) and (b). (e) Section 810 of the Department of Defense Appropriation Authorization Act, 1976 (Public Law 94–106; 89 Stat. 539), is repealed. (f) Section 2311 of title 10, United States Code, is amended— (1) by striking out “(1)”; and (2) by striking out “, and (2) authorizing contracts in excess of three years under section 2306(g) of this title”. Sec. 910. research grants Section 2358(1) of title 10, United States Code, is amended by inserting “, or by grant to,” after “by contract with”. Sec. 911. modification of defense contract profit limitation provisions (a) (1) Section 2382 of title 10, United States Code, is amended to read as follows: “§ 2382. Contract profit controls during emergency periods “(a) (1) Upon a declaration of war by Congress or a declaration of national emergency by the President or by Congress, the President is authorized to prescribe such regulations to control excessive profits on defense contracts as he determines are necessary during the period of such war or national emergency. Such regulations shall be prescribed only after consultation with the Secretary of Defense, the Secretary of the Treasury, and the Secretary of Commerce and shall apply to appropriate defense contracts and subcontracts (as determined by the President), and to appropriate major modifications of defense contracts and subcontracts (as determined by the President), that are entered into during such war or national emergency. Such Transmittal to Congress. regulations, if prescribed by the President, shall be transmitted to Congress within sixty days after the declaration of such war or national emergency. Any material amendment to such regulations shall be prescribed in the same manner and shall promptly be submitted to Congress. “(2) Such regulations, if prescribed by the President, shall set forth standards and procedures for determining what constitutes excessive profits and shall establish thresholds for coverage of contracts and exemptions (including contracts awarded under competition and contracts for standard commercial articles and services) that will minimize administrative expenses and not impose unfair burdens on contractors. “(3) In this subsection, ‘excessive profits’ means profits that are “Excessive profits.” unconscionable or amount to an unjust enrichment of contractors or subcontractors, as determined under such regulations as may be prescribed by the President under subsection (a), taking into consideration all relevant circumstances, including the character of the business, complexity of the work or services performed under the contract or subcontract, the amount of assets and capital required to perform the contract or subcontract, and the extent to which profit limitations are imposed on nondefense contractors. “(b) Regulations transmitted by the President under subsection (a) (including any material amendment to such regulations) shall take effect unless both Houses of Congress, within sixty legislative days after the date upon which the President transmits the regulations, adopt a concurrent resolution stating in substance that the Congress disapproves the regulations. For the purposes of the preceding sentence, a legislative day is a day on which either House of Congress is in session. “(c) Regulations not disapproved by both Houses of Congress shall remain in effect for a period of not more than five years after the date on which they take effect unless they are extended by a concurrent resolution adopted by both Houses of the Congress before the date on which they would expire. Any such extension may not be for a period in excess of one year. “(d) The United States Court of Claims shall have exclusive jurisdiction over claims arising from actions taken under this section and under regulations prescribed under this section. “(e) The President shall transmit a report to Congress on the Report to Congress. operation of this section at the end of each one-year period during which regulations issued under this section are in effect and at the end of any war or national emergency during which such regulations are in effect.”. (2) The item relating to section 2382 in the table of sections at the beginning of chapter 141 of title 10, United States Code, is amended to read as follows: “2382. Contract profit controls during emergency periods.”. (b) (1) Section 7300 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 633 of such title is amended by striking out the item relating to section 7300. (c) No regulation may be issued or other action taken for the purpose of enforcing any provision of section 2382 or section 7300 of title 10, United States Code, with respect to any contract entered into during the period beginning on October 1, 1976, and ending on the date of the enactment of this Act. Sec. 912. military base reuse studies and community planning assistance (a) (1) Chapter 141 of title 10, United States Code, is amended by adding at the end thereof the following new section: “§ 2391. Military base reuse studies and community planning assistance “(a) Whenever the Secretary of Defense or the Secretary of the military department concerned publicly announces that a military installation is a candidate for closure or that a final decision has been made to close a military installation and the Secretary of Defense determines, because of the location, facilities, or other particular characteristics of the installation, that the installation may be suitable for some specific Federal, State, or local use potentially beneficial to the Nation, the Secretary of Defense may conduct such studies, including the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), in connection with such installation and such potential use as may be necessary to provide information sufficient to make sound conclusions and recommendations regarding the possible use of the installation. “(b) (1) The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds made available under Federal programs administered by agencies other than the Department of Defense in order to assist State and local governments, and regional organizations composed of State and local governments, in planning community adjustments required (A) by the proposed or actual establishment, realignment, or closure of a military installation, or (B) by the cancellation or termination of a Department of Defense contract or the failure to proceed with an approved major weapon system program, if the Secretary of Defense determines that the action is likely to impose a significant impact on the affected community. “(2) In the case of the establishment or expansion of a military installation, assistance may be made under paragraph (1) only if (A) community impact assistance or special impact assistance is not otherwise available, and (B) the establishment or expansion involves the assignment to the installation of (i) more than 2,500 military, civilian, and contractor Department of Defense personnel, or (ii) more military, civilian, and contractor Department of Defense personnel than the number equal to 10 percent of the number of persons employed in counties or independent municipalities within fifteen miles of the installation, whichever is lesser. “(3) In the case of the cancellation or termination of a Department of Defense contract or the failure to proceed with an approved major weapon system program, assistance may be made under paragraph (1) only if the cancellation, termination, or failure to proceed involves the loss of 2,500 or more full-time Department of Defense and contractor employee positions in the locality of the affected community. “(4) Funds provided to State and local governments and regional organizations under this section may be used as part or all of any required non-Federal contribution to a Federal grant-in-aid program for the purposes stated in paragraph (1). “(5) Not more than $2,000,000 in assistance may be provided under this subsection in any fiscal year. “(c) The Secretary of Defense shall submit a report not later than Report to congressional committees. December 1 of each year to the Committees on Armed Services of the Senate and House of Representatives concerning the operation of this section during the preceding fiscal year. Each such report shall identify each State, unit of local government, and regional organization that received a grant under this section during such fiscal year and the total amount granted under this section during such year to each such State, unit of local government, and regional organization. “(d) In this section, ‘military installation’ means any camp, post, “Military installation.” station, base, yard, or other installation under the jurisdiction of a military department that is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or Guam. “(e) The authority of the Secretary of Defense to make grants under this section in any fiscal year is subject to the availability of appropriations for that purpose.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: “2391. Military base reuse studies and community planning assistance.”. (b) Section 610 of the Military Construction Authorization Act, 1977 Repeal. 10 USC 133 note. (Public Law 94–431; 90 Stat. 1365), is repealed. (c) The first report under subsection (c) of section 2391 of title 10, 10 USC 2391 note. United States Code, as added by subsection (a), shall be submitted not later than December 1, 1982. Sec. 913. prohibition on use of funds to relieve economic dislocations (a) (1) Chapter 141 of title 10, United States Code, is amended by adding after section 2391 (as added by section 912) the following new section: “§ 2392. Prohibition on use of funds to relieve economic dislocations “(a) In order to help avoid the uneconomic use of Department of Defense funds in the procurement of goods and services, the Congress finds that it is necessary to prohibit the use of such funds for certain purposes. “(b) No funds appropriated to or for the use of the Department of Defense may be used to pay, in connection with any contract awarded by the Department of Defense, a price differential for the purpose of relieving economic dislocations.”. (2) The table of sections at the beginning of chapter 141 of such title is amended by adding after the item relating to section 2391 (as added by section 912) the following new item: “2392. Prohibition on use of funds to relieve economic dislocations.”. (b) The Secretary of Defense may conduct a test program during fiscal year 1982 in accordance with this subsection to test the effect of exempting certain contracts of the Department of Defense from the provisions of section 2392 of title 10, United States Code (as added by the amendments made by subsection (a)), and paying a price differential under such contracts for the purpose of relieving economic dislocations. Under such test program, the Secretary of Defense may exempt from the provisions of such section any contract (other than a contract for the purchase of fuel) made by the Defense Logistics Agency during fiscal year 1982 if the Secretary determines— (1) that the payment of a price differential under such contract will not adversely affect the national security of the United States; (2) that there is a reasonable expectation that bids will be received from a sufficient number of responsible bidders so that the award of such contract will be made at reasonable cost to the United States; (3) that the price differential to be paid under such contract will not exceed 5 percent; and (4) the value of such contract, when added to the cumulative value of all other contracts awarded under the test program, will not exceed $3,400,000,000. (c) Not later than April 15, 1982, the President shall submit a report to Congress on the implementation and results to that date of the test program authorized by subsection (b). The report shall include an assessment of the costs and benefits of the test program. Sec. 914. prohibition against doing business with certain offerors or contractors (a) Chapter 141 of title 10, United States Code, is amended by adding after section 2392 (as added by section 913) the following new section: “§ 2393. Prohibition against doing business with certain offerors or contractors “(a) (1) Except as provided in paragraph (2), the Secretary of a military department may not solicit an offer from, award a contract to, extend an existing contract with, or, when approval by the Secretary of the award of a subcontract is required, approve the award of a subcontract to, an offeror or contractor which to the Secretary’s knowledge has been debarred or suspended by another Federal agency unless— “(A) in the case of a debarment, the debarment of the offeror or contractor by all other agencies has been terminated or the period of time specified for such debarment has expired; and “(B) in the case of a suspension, the period of time specified by all other agencies for the suspension of the offeror or contractor has expired. “(2) Paragraph (1) does not apply in any case in which the Secretary concerned determines that there is a compelling reason to solicit an offer from, award a contract to, extend a contract with, or approve a subcontract with such offeror or contractor. “(b) Whenever the Secretary concerned makes a determination described in subsection (a)(2), he shall, at the time of the determination, transmit a notice to the Administrator of General Services describing the determination. The Administrator of General Services shall maintain each such notice in a file available for public inspection. “(c) In this section: Definitions. “(1) ‘Debar’ means to exclude, pursuant to established administrative procedures, from Government contracting and subcontracting for a specified period of time commensurate with the seriousness of the failure or offense or the inadequacy of performance. “(2) ‘Suspend’ means to disqualify, pursuant to established administrative procedures, from Government contracting and subcontracting for a temporary period of time because a concern or individual is suspected of engaging in criminal, fraudulent, or seriously improper conduct.”. (b) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2392 (as added by section 913) the following new item: “2393. Prohibition against doing business with certain offerors or contractors.”. Sec. 915. civil reserve air fleet Chapter 931 of title 10, United States Code, is amended— (1) by inserting after the chapter heading the following: “Subchapter “I. General “II. Civil Reserve Air Fleet “SUBCHAPTER I— GENERAL”; and (2) by adding at the end thereof the following new subchapter: “SUBCHAPTER II— CIVIL RESERVE AIR FLEET “Sec. “9511. Definitions. “9512. Contracts to modify aircraft: cargo-convertible features. “9513. Contracts to modify aircraft: commitment of aircraft to Civil Reserve Air Fleet. “§ 9511. Definitions “In this subchapter: “(1) ‘Aircraft’, ‘citizen of the United States’, ‘person’, and ‘public aircraft’ have the meaning given those terms by section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301). “(2) ‘Cargo air service’ means the carriage of property or mail on the main deck of a civil aircraft. “(3) ‘Cargo-capable aircraft’ means a civil aircraft equipped so that all or substantially all of the aircraft’s capacity can be used for the carriage of property or mail. “(4) ‘Passenger aircraft’ means a civil aircraft equipped so that its main deck can be used for the carriage of individuals and cannot be used principally, without major modification, for the carriage of property or mail. “(5) ‘Cargo-convertible feature’ means equipment or design features included or incorporated in a passenger aircraft that can readily enable all or substantially all of that aircraft’s main deck to be used for the carriage of property or mail. “(6) ‘Civil aircraft’ means an aircraft other than a public aircraft. “(7) ‘Civil Reserve Air Fleet’ means those aircraft allocated, or identified for allocation, to the Department of Defense under section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071), or made available (or agreed to be made available) for use by the Department of Defense under a contract made under this title, as part of the program developed by the Department of Defense through which the Department of Defense augments its airlift capability by use of civil aircraft. “(8) ‘Contractor means a citizen of the United States (A) who owns or controls, or who will own or control, a civil aircraft and who contracts with the Secretary of the Air Force to modify that aircraft by including or incorporating cargo-convertible features suitable for defense purposes in that aircraft and to commit that aircraft to the Civil Reserve Air Fleet, or (B) who subsequently obtains ownership or control of a civil aircraft covered by such a contract and assumes all existing obligations under that contract. “(9) ‘Existing aircraft’ means a civil aircraft other than a new aircraft. “(10) ‘New aircraft’ means a civil aircraft that a manufacturer has not begun to assemble before the aircraft is covered by a contract under section 9512 of this title. “(11) ‘Secretary’ means the Secretary of the Air Force. “§ 9512. Contracts to modify aircraft: cargo-convertible features “(a) Subject to chapter 137 of this title, and to the extent that funds are otherwise available for obligation, the Secretary may contract with any citizen of the United States (1) for the modification of any new aircraft to be owned or controlled by that citizen by the inclusion of cargo-convertible features suitable for defense purposes in that aircraft, or (2) for the modification of any existing passenger aircraft owned or controlled by that citizen by the incorporation of cargo-convertible features suitable for defense purposes in that aircraft. “(b) Each contract made under subsection (a) shall include the terms required by section 9513 of this title and the following terms: “(1) The contractor shall agree that each aircraft covered by the contract that is not already registered under section 501 of the Federal Aviation Act of 1958 (49 U.S.C. 1401) shall be registered under that section not later than the completion of the manufacture of the aircraft or the completion of the modification of the aircraft under the contract. “(2) The contractor shall agree to repay to the United States a percentage (to be established in the contract) of any amount paid by the United States to the contractor under the contract with respect to any aircraft if— “(A) the aircraft is destroyed or becomes unusable, as defined in the contract; “(B) the cargo-convertible features specified in the contract are rendered unusable or removed from the aircraft; “(C) control over the aircraft is transferred to any person that is unable or unwilling to assume the contractor’s obligations under the contract; “(D) the registration of the aircraft under section 501 of the Federal Aviation Act of 1958 is terminated for any reason not beyond the control of the contractor; or “(E) having agreed in the contract that the main deck of the aircraft will not be used for cargo air service, the contractor uses, or permits the use of, the main deck of the aircraft for cargo air service. “(c) A contract made under subsection (a) with respect to any aircraft may include the following terms: “(1) If the contractor agrees that the main deck of the aircraft will not be used in cargo air service, the Secretary may agree to pay the contractor— “(A) an amount not to exceed 100 percent of the cost of modifying the aircraft to include or incorporate cargo-convertible features suitable for defense purposes in that aircraft, as described in subsection (a); “(B) an amount to compensate the contractor for the loss of use of the aircraft during the time required to make such modification, such amount to be determined by taking into consideration the fair market rental cost of a similar aircraft (not including crews, ground facilities, or other support costs) for that time, the estimated loss of revenue by the contractor attributable to the aircraft being out of service during that time, and such other factors as the Secretary considers appropriate; and “(C) in the case of an existing aircraft, 100 percent of the cost of positioning the aircraft for modification, recertification of that aircraft after modification, returning that aircraft to service, and other costs directly associated with the modification. “(2) If the contractor does not agree that the main deck of the aircraft will not be used for cargo air service, the Secretary may agree to pay the contractor an amount not to exceed 50 percent of the cost of modifying the aircraft to include or incorporate cargo-convertible features suitable for defense purposes. “(3) The Secretary may under the contract be authorized to contract directly with a person chosen by the contractor to perform the modification of the aircraft to include or incorporate cargo-convertible features suitable for defense purposes in that aircraft and to pay to that person chosen by the contractor— “(A) if the contractor agrees that the main deck of that aircraft will not be used for cargo air service, an amount less than or equal to the amount to which the contractor would otherwise be entitled under paragraph (1)(A); or “(B) if the contractor does not agree that the main deck of that aircraft will not be used for cargo air service, an amount less than or equal to the amount to which the contractor would otherwise be entitled to under paragraph (2). “(d) In addition to any amount the Secretary may agree under subsection (c)(1) or (c)(3)(A) to pay under a contract made under subsection (a), the Secretary may agree under such a contract that, if the contractor agrees that the main deck of the aircraft will not be used in cargo air service, the Secretary shall make a lump sum or annual payments (or a combination thereof) to the contractor to cover any increased costs of operation or any loss of revenue attributable to the inclusion or incorporation of cargo-convertible features suitable for defense purposes in the aircraft. “(e) (1) Subject to paragraph (2), the Secretary may agree, in any contract made under subsection (a), to pay the contractor an amount for any loss resulting from the subsequent sale of an aircraft modified under that contract if the sale of that aircraft is for a price less than the fair market value, at the time of the sale, of an aircraft substantially similar to the aircraft being sold but without the cargo-convertible features. “(2) The Secretary may not agree to make a payment under this subsection with respect to the sale of a modified aircraft unless— “(A) the sale is within 16 years and 6 months after the modified aircraft was initially delivered by the manufacturer to its original owner, in the case of an aircraft that was modified during manufacture, or by the modifier to the owner at the time of modification, in the case of an aircraft that was modified after manufacture; “(B) the Secretary received written notice of the proposed sale at least 60 days before the sale; “(C) the contractor used its best efforts to obtain bids for the purchase of the aircraft; “(D) the sale is a bona fide, arm’s-length transaction made to the highest bidder for a price that is less than the fair market value of an aircraft substantially similar to the modified aircraft but without the cargo-convertible features; and “(E) before the sale the Secretary was given an opportunity to and refused to purchase the modified aircraft for a price equal to the fair market value, at the time of the sale, of an aircraft substantially similar to the modified aircraft but without the cargo-convertible features. “(3) Any amount that may be payable under a contract provision made under this subsection may not exceed the difference between (A) the sales price of the modified aircraft, and (B) the fair market value, at the time of the sale, of an aircraft substantially similar to the modified aircraft but without the cargo-convertible features included or incorporated into the modified aircraft under the contract. “(4) The Secretary may use any funds appropriated for Air Force procurement for fiscal year 1982 or thereafter to pay any obligation under a contract provision made under this subsection. “§ 9513. Contracts to modify aircraft: commitment of aircraft to Civil Reserve Air Fleet “(a) Each contract under section 9512 of this title shall provide— “(1) that any aircraft covered by the contract shall be committed to the Civil Reserve Air Fleet; “(2) that, so long as the aircraft is owned or controlled by a contractor, the contractor shall operate the aircraft for the Department of Defense as needed during any activation of the full Civil Reserve Air Fleet, notwithstanding any other contract or commitment of that contractor; and “(3) that the contractor operating the aircraft for the Department of Defense shall be paid for that operation at fair and reasonable rates. “(b) Notwithstanding section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071), each aircraft covered by a contract under section 9512 of this title shall be committed exclusively to the Civil Reserve Air Fleet for use by the Department of Defense as needed during any activation of the full Civil Reserve Air Fleet unless the aircraft is released from that use by the Secretary of Defense.”. Sec. 916. facilitation of selective service registration and of military recruiting (a) Section 3 of the Military Selective Service Act (50 U.S.C. App. 453) is amended— (1) by inserting “(a)” after “Sec. 3.”; and (2) by adding at the end thereof the following new subsection: “(b) Regulations prescribed pursuant to subsection (a) may require that persons presenting themselves for and submitting to registration under this section provide, as part of such registration, such identifying information (including date of birth, address, and social security account number) as such regulations may prescribe.”. (b) Section 12 of such Act (50 U.S.C. App. 462) is amended by adding at the end thereof the following new subsection: “(e) The President may require the Secretary of Health and Human Services to furnish to the Director, from records available to the Secretary, the following information with respect to individuals who are members of any group of individuals required by a proclamation of the President under section 3 to present themselves for and submit to registration under such section: name, date of birth, social security account number, and address. Information furnished to the Director by the Secretary under this subsection shall be used only for the purpose of the enforcement of this Act.”. (c) Section 15 of such Act (50 U.S.C. App. 465) is amended by adding at the end thereof the following new subsection: “(e) In order to assist the Armed Forces in recruiting individuals for voluntary service in the Armed Forces, the Director shall, upon the request of the Secretary of Defense or the Secretary of Transportation, furnish to the Secretary the names and addresses of individuals registered under this Act. Names and addresses furnished pursuant to the preceding sentence may be used by the Secretary of Defense or Secretary of Transportation only for recruiting purposes.”. Sec. 917. reports on unit costs of major defense systems (a) (1) The program manager (as designated by the Secretary concerned) for each major defense system included in the Selected Acquisition Report dated March 31, 1981, and submitted to the Congress pursuant to section 811 of the Department of Defense Appropriation Authorization Act, 1976 (Public Law 94–106; 10 U.S.C. 139 note), shall submit to the Secretary concerned, within seven days after the end of each quarter of fiscal year 1982, a written report on the major defense system included in such selected acquisition report for which such manager has responsibility. The program manager shall include in each such report— (A) the total program acquisition unit cost for such major defense system as of the last day of such quarter; and (B) in the case of a major defense system for which procurement funds are authorized to be appropriated by this Act, the current procurement unit cost for such major defense system as of the last day of such quarter. (2) If at any time during any quarter of fiscal year 1982, the program manager of a major defense system referred to in paragraph (1) has reasonable cause to believe that (A) the total program acquisition unit cost, or (B) in the case of a major defense system for which procurement funds are authorized to be appropriated by this Act, the current procurement unit cost has exceeded the applicable percentage increase specified in subsection (b), such manager shall immediately submit to the Secretary concerned a report containing the information, as of the date of such report, required by paragraph (1). (3) The program manager shall also include in each report submitted pursuant to paragraph (1) or (2) any change from the Selected Acquisition Report of March 31, 1981, in schedule milestones or system performances with respect to such system that are known, expected, or anticipated by such manager. (b) (1) If the Secretary concerned determines, on the basis of any report submitted to him pursuant to subsection (a), that the total program acquisition unit cost (including any increase for expected inflation) for any major defense system for which no procurement funds are authorized to be appropriated by this Act has increased by more than 15 percent over the total program acquisition unit cost for such system reflected in the Selected Acquisition Report of March 31, 1981, then (except as provided in paragraph (3)) no additional funds may be obligated in connection with such system after the end of the 30-day period beginning on the day on which the Secretary makes Notification to Congress. such determination. The Secretary shall notify the Congress promptly in writing of such increase upon making such a determination with respect to any such major defense system and shall include in such notice the date on which such determination was made. (2) if the Secretary concerned determines, on the basis of a report submitted to him pursuant to subsection (a), that— (A) the procurement unit cost of a major defense system for which procurement funds are authorized to be appropriated by this Act has increased by more than 15 percent over the procurement unit cost derived from the Selected Acquisition Report of March 31, 1981, or (B) the total program acquisition unit cost (including any increase for expected inflation) of such system has increased by more than 15 percent over the total program acquisition unit cost for such system as reflected in the Selected Acquisition Report of March 31, 1981, then (except as provided in paragraph (3)) no additional funds may be obligated in connection with such system after the end of the 30-day period beginning on the day on which the Secretary makes such Notification to Congress. determination. The Secretary shall notify the Congress promptly in writing of such increase upon making such a determination with respect to any such major defense system and shall include in such notice the date on which such determination was made. (3) The prohibition contained in paragraphs (1) and (2) on the obligation of funds shall not apply in the case of any major defense system to which such prohibition would otherwise apply if the Secretary concerned submits to the Congress, before the end of the 30-day period referred to in paragraph (1) or (2), a written report which includes— (A) a statement of the reasons for such increase in total program acquisition unit cost or procurement unit cost; (B) the identities of the military and civilian officers responsible for program management and cost control of the major defense system; (C) the action taken and proposed to be taken to control future cost growth of such system; (D) any changes made in the performance or schedule milestones of such system and the degree to which such changes have contributed to the increase in total program acquisition unit cost or procurement unit cost; (E) the identities of the principal contractors for the major defense system; and (F) an index of all testimony and documents formally provided to the Congress on the estimated cost of such system. (c) (1) If the Secretary concerned— (A) on the basis of a report submitted to him pursuant to subsection (a), determines (1) that the total program acquisition unit cost (including any increase for expected inflation) for a major defense system has increased by more than 25 percent over the total program acquisition unit cost for such system reflected in the Selected Acquisition Report of March 31, 1981, or (ii) in the case of any such system for which procurement funds are authorized to be appropriated by this Act, that the current procurement unit cost of such system has increased by more than 25 percent over the procurement unit cost derived from the Selected Acquisition Report of March 31, 1981, and (B) has submitted a report to the Congress with respect to such system pursuant to subsection (b)(3), then (except as provided in paragraph (2)) no additional funds may be obligated in connection with such system after the end of the 60-day period beginning on the day on which the Secretary makes such determination. (2) The prohibition contained in paragraph (1) on the obligation of funds shall not apply in the case of a major defense system to which such prohibition would otherwise apply if the Secretary of Defense submits to the Congress, before the end of the 60-day period referred to in such paragraph, a written certification stating that— (A) such system is essential to the national security; (B) there are no alternatives to such system which will provide equal or greater military capability at less cost; (C) the new estimates of the total program acquisition unit cost or procurement unit cost are reasonable; and (D) the management structure for such major defense system is adequate to manage and control total program acquisition unit cost or procurement unit cost. (d) As used in this section: Definitions. (1) The term “total program acquisition unit cost” means, in the case of a major defense system, the amount equal to (A) the total cost for development and procurement of, and system-specific military construction for, such system, divided by (B) the number of fully-configured end items to be produced for such system. (2) The term “procurement unit cost” means, in the case of a major defense system, the amount equal to (A) the total of all procurement funds available for such system in any fiscal year, divided by (B) the number of fully-configured end items to be procured with such funds during such fiscal year. (3) The term “Secretary concerned” has the same meaning as provided in section 101(8) of title 10, United States Code. (e) Section 811 of the Department of Defense Appropriation Authorization Act, 1976 (Public Law 94–106; 10 U.S.C. 139 note), is amended by adding at the end thereof the following new subsection: “(c) (1) Each report required to be submitted under subsection (a) shall include the history of the total program acquisition unit cost of each major defense system from the date on which funds were first authorized to be appropriated for such system. “(2) As used in this subsection, the term ‘total program acquisition unit cost’ means the amount equal to (A) the total cost for develop-ment and procurement of, and system-specific military construction for, a major defense system, divided by (B) the number of fully-configured end items to be produced for such system.”. Sec. 918. recommendations with respect to the elimination of waste, fraud, abuse, and mismanagement in the department of defense (a) Not later than January 15, 1982, the Secretary of Defense shall submit to Congress a report containing such recommendations as he considers necessary or appropriate to improve the efficiency and management of, and to eliminate waste, fraud, abuse, and mismanagement in, the operation of the Department of Defense. (b) in the report required by subsection (a), the Secretary of Defense shall— (1) set forth each recommendation by the Comptroller General since October 1, 1980, for the elimination of waste, fraud, abuse, or mismanagement in the Department of Defense; and (2) provide a statement of— (A) which recommendations set forth pursuant to paragraph (1) have been adopted and, to the extent practicable, the actual and projected cost savings from each; and (B) which recommendations set forth pursuant to paragraph (1) have not been adopted and, to the extent practicable, the projected cost savings from each and an explanation of why each such recommendation has not been adopted. (c) Not later than January 15, 1983, the Secretary of Defense shall submit to Congress a report— (1) that sets forth each recommendation by the Comptroller General since January 1, 1979, for the elimination of waste, fraud, abuse, or mismanagement in the Department of Defense; and (2) that provides a statement of— (A) which recommendations set forth pursuant to paragraph (1) have been adopted and, to the extent practicable, the actual and projected cost savings from each; and (B) which recommendations set forth pursuant to paragraph (1) have not been adopted and, to the extent practicable, the projected cost savings from each and an explanation of why each such recommendation has not been adopted. Sec. 919. report on contributions to the common defense Section 1006(c) of the Department of Defense Authorization 22 USC 1928 note. Act, 1981 (Public Law 96–342; 94 Stat. 1120), is amended— (1) by striking out “March 1, 1981” and inserting in lieu thereof “March 1, 1982”; and (2) by striking out “fiscal year 1981” both places it appears and inserting in lieu thereof “fiscal year 1982”. Sec. 920. assistance to yorktown bicentennial celebration (a) Notwithstanding any other provision of law, the Secretary of Defense is authorized, in connection with the observance on October 19, 1981, of the two-hundredth anniversary of the surrender of Lord Cornwallis to General George Washington at Yorktown, Virginia, which date has been proclaimed by Public Law 96–414 (94 Stat. 1724) as a National Day of Observance of that historic event— (1) to provide logistical support and personnel services for the national observance of such event; (2) to lend and provide equipment to officials of the Yorktown Bicentennial Committee as requested by the Secretary of the Interior; and (3) to provide such other services as the Secretary of the Interior may consider necessary and the Secretary of Defense may consider advisable. (b) There is authorized to be appropriated to the Secretary of Appropriation authorization. Defense an amount not to exceed $750,000 for the purpose of carrying out subsection (a). (c) No funds may be obligated or expended for carrying out the purposes of subsection (a) unless such funds have been specifically appropriated for such purposes.

2. 1988

   National Defense Authorization Act, Fiscal Year 1989

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

   Amended · 10 U.S.C. § 275

   Pub. L. 100–456 amended section generally. Prior to amendment, section read as follows: “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.”

   Source evidence

   Code amendment note
   Pub. L. 100–456 amended section generally. Prior to amendment, section read as follows: “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.”

   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. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title XII § 1211 · 103 Stat. 1352

   1. Substituted · 10 U.S.C. § 275

      Pub. L. 101–189 substituted “any activity” for “the provision of any support”

   2. Struck · 10 U.S.C. § 275

      Pub. L. 101–189 struck out “to any civilian law enforcement official” after “any personnel)”

   3. Substituted · 10 U.S.C. § 275

      Pub. L. 101–189 substituted “a search, seizure, arrest,” for “a search and seizure, an arrest,”

   Source evidence

   Code amendment note
   Pub. L. 101–189 substituted “any activity” for “the provision of any support”, struck out “to any civilian law enforcement official” after “any personnel)”, and substituted “a search, seizure, arrest,” for “a search and seizure, an arrest,”.

   Enacted provision · exact public law section
   SEC. 1211. RESTRICTION ON DIRECT PARTICIPATION BY MILITARY PERSONNEL Section 375 of title 10, United States Code, is amended— (1) by striking out “the provision of any support” and inserting in lieu thereof “any activity”.; (2) by striking out “to any civilian law enforcement official”; find (3) by striking out “a search and seizure, an arrest,” and inserting in lieu thereof “a search, seizure, arrest,”.

4. 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. § 275

   Pub. L. 114–328 renumbered section 375 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 114–328 renumbered section 375 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

5 of 6 references resolved to an enrolled provision · 1 partial