10 U.S.C. § 279 — Assignment of Coast Guard personnel to

Page 349 TITLE 10—ARMED FORCES § 279 1 See References in Text note below. (Added Pub. L. 97–86, title IX, § 905(a)(1), Dec. 1, 1981, 95 Stat. 1116, § 377; amended Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2045; Pub. L. 110–181, div. A, title X, § 1061, Jan. 28, 2008, 122 Stat. 319; renumbered § 277, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) Editorial Notes PRIOR PROVISIONS A prior section 277, act Aug. 10, 1956, ch. 1041, 70A Stat. 14, prohibited discrimination in administering laws applicable to both Regulars and Reserves, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1661(a)(2)(A), 1691, Oct. 5, 1994, 108 Stat. 2979, 3026, ef- fective Dec. 1, 1994. See section 10209 of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 377 of this title as this section. 2008—Subsec. (a). Pub. L. 110–181, § 1061(1), substituted ‘‘Subject to subsection (c), to the extent’’ for ‘‘To the extent’’. Subsecs. (b), (c). Pub. L. 110–181, § 1061(2), added sub- secs. (b) and (c) and struck out former subsec. (b) which read as follows: ‘‘An agency to which support is pro- vided under this chapter is not required to reimburse the Department of Defense for such support if such sup- port— ‘‘(1) is provided in the normal course of military training or operations; or ‘‘(2) results in a benefit to the element of the De- partment of Defense providing the support that is substantially equivalent to that which would other- wise be obtained from military operations or train- ing.’’ 1988—Pub. L. 100–456 amended section generally. Prior to amendment, section read as follows: ‘‘The Secretary of Defense shall issue regulations providing that reim- bursement may be a condition of assistance to a civil- ian law enforcement official under this chapter.’’ § 278. 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. (Added Pub. L. 97–86, title IX, § 905(a)(1), Dec. 1, 1981, 95 Stat. 1116, § 378; amended Pub. L. 98–525, title XIV, § 1405(10), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2045; renumbered § 278, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) Editorial Notes PRIOR PROVISIONS A prior section 278, act Aug. 10, 1956, ch. 1041, 70A Stat. 14, related to dissemination of information of in- terest to reserve components, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1661(a)(2)(A), 1691, Oct. 5, 1994, 108 Stat. 2979, 3026, effective Dec. 1, 1994. See sec- tion 10210 of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 378 of this title as this section. 1988—Pub. L. 100–456 reenacted section without change. 1984—Pub. L. 98–525 substituted ‘‘before December 1, 1981’’ for ‘‘prior to the enactment of this chapter’’. § 279. Assignment of Coast Guard personnel to naval vessels for law enforcement purposes (a) The Secretary of Defense and the Secretary of Homeland Security 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 sei- zures. (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 Homeland Se- curity; 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 Homeland Security, after consultation with the Secretary of De- fense, determines that there are insufficient naval vessels available for purposes of this sec- tion, such personnel may be assigned other duty involving enforcement of laws listed in section 374(b)(4)(A) 1 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) 1 of this title) in which the Secretary of Defense (in consultation with the Attorney General) de- termines that activities involving smuggling of drugs into the United States are ongoing. (Added Pub. L. 99–570, title III, § 3053(b)(1), Oct. 27, 1986, 100 Stat. 3207–75, § 379; amended Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2045; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; renum- bered § 279, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) Editorial Notes REFERENCES IN TEXT Section 374 of this title, referred to in subsecs. (c) and (d), was renumbered section 274 of this title by Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497. PRIOR PROVISIONS A prior section 279, added Pub. L. 103–160, div. A, title VIII, § 822(d)(1), Nov. 30, 1993, 107 Stat. 1707, authorized acceptance of gratuitous services of officers of reserve components, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1661(a)(2)(A), 1691, Oct. 5, 1994, 108 Stat. 2979, 3026, effective Dec. 1, 1994. See section 10212 of this title. Another prior section 279, added Pub. L. 85–861, § 1(5)(C), Sept. 2, 1958, 72 Stat. 1439; amended Pub. L. 94–273, § 11(2), Apr. 21, 1976, 90 Stat. 378, directed Sec- retary of Defense to report to President and Congress, in January of each year, on the status of training of each reserve component and the progress made in strengthening the reserve components during the pre- ceding fiscal year, prior to repeal by Pub. L. 95–485, § 406(b)(1). Page 350 TITLE 10—ARMED FORCES § 280 AMENDMENTS 2016—Pub. L. 114–328 renumbered section 379 of this title as this section. 2002—Subsecs. (a), (b)(1), (c). Pub. L. 107–296 sub- stituted ‘‘of Homeland Security’’ for ‘‘of Transpor- tation’’. 1988—Pub. L. 100–456 amended section generally, sub- stituting ‘‘every appropriate surface naval vessel’’ for ‘‘appropriate surface naval vessels’’ in subsec. (a), sub- stituting ‘‘section 374(b)(4)(A)’’ for ‘‘section 374(a)(1)’’ in subsec. (c), and inserting ‘‘(as defined in section 374(b)(4)(B) of this title)’’ in subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. § 280. Enhancement of cooperation with civilian law enforcement officials (a) The Secretary of Defense, in cooperation with the Attorney General, shall conduct an an- nual briefing of law enforcement personnel of each State (including law enforcement personnel of the political subdivisions of each State) re- garding information, training, technical sup- port, and equipment and facilities available to civilian law enforcement personnel from the De- partment of Defense. (b) Each briefing conducted under subsection (a) shall include the following: (1) An explanation of the procedures for ci- vilian 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 ad- vice available to civilian law enforcement offi- cials from the Department of Defense. (3) A current, comprehensive list of military equipment which is suitable for law enforce- ment officials from the Department of Defense or available as surplus property from the Ad- ministrator of General Services. (c) The Attorney General and the Adminis- trator of General Services shall— (1) establish or designate an appropriate of- fice or offices to maintain the list described in subsection (b)(3) and to furnish information to civilian law enforcement officials on the avail- ability of surplus military equipment; and (2) make available to civilian law enforce- ment personnel nationwide, tollfree telephone communication with such office or offices. (Added Pub. L. 100–180, div. A, title XII, § 1243(a), Dec. 4, 1987, 101 Stat. 1163, § 380; amended Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2046; renumbered § 280, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) Editorial Notes PRIOR PROVISIONS A prior section 280, acts Aug. 10, 1956, ch. 1041, 70A Stat. 14; Sept. 2, 1958, Pub. L. 85–861, § 33(a)(2), 72 Stat. 1564; Sept. 7, 1962, Pub. L. 87–651, title I, § 101, 76 Stat. 506; Sept. 11, 1967, Pub. L. 90–83, § 3(1), 81 Stat. 220; Aug. 17, 1977, Pub. L. 95–105, title V, § 509(d)(3), 91 Stat. 860; Dec. 12, 1980, Pub. L. 96–513, title V, §§ 501(5), 511(10), 94 Stat. 2907, 2920; Oct. 19, 1984, Pub. L. 98–525, title XIV, § 1405(8), 98 Stat. 2622; Dec. 5, 1991, Pub. L. 102–190, div. A, title X, § 1061(a)(3), 105 Stat. 1472, authorized Sec- retary of each military department and Secretary of Transportation to prescribe regulations, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1661(a)(2)(A), 1691, Oct. 5, 1994, 108 Stat. 2979, 3026, effective Dec. 1, 1994. See section 10202 of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 380 of this title as this section. 1988—Pub. L. 100–456 amended section generally, sub- stituting provisions relating to annual briefing of law enforcement personnel of each State by Secretary of Defense and Attorney General and establishment of of- fices and telephone communication with those offices regarding surplus military equipment for provisions re- quiring the Secretary to report to Congress on the availability of assistance, etc., to civilian law enforce- ment and drug interdiction agencies and to convene a conference and requiring the Comptroller General to monitor and report on the Secretary’s compliance with those requirements. § 281. Procurement of equipment by State and local governments through the Department of Defense: equipment for counter-drug, homeland security, and emergency response activities (a) PROCEDURES.—(1) The Secretary of Defense shall establish procedures in accordance with this subsection under which States and units of local government may purchase equipment suit- able for counter-drug, homeland security, and emergency response activities through the De- partment of Defense. The procedures shall re- quire the following: (A) Each State desiring to participate in a procurement of equipment suitable for counter-drug, homeland security, or emer- gency response activities through the Depart- ment of Defense shall submit to the Depart- ment, in such form and manner and at such times as the Secretary prescribes, the fol- lowing: (i) A request for equipment. (ii) Advance payment for such equipment, in an amount determined by the Secretary based on estimated or actual costs of the equipment and administrative costs incurred by the Department. (B) A State may include in a request sub- mitted under subparagraph (A) only the type of equipment listed in the catalog produced under subsection (c). (C) A request for equipment shall consist of an enumeration of the equipment that is de- sired by the State and units of local govern- ment within the State. The Governor of a State may establish such procedures as the Governor considers appropriate for admin- istering and coordinating requests for equip- ment from units of local government within the State. (D) A State requesting equipment shall be responsible for arranging and paying for ship- ment of the equipment to the State and local- ities within the State.