10 U.S.C. § 271 — Use of information collected during mili-

Page 341 TITLE 10—ARMED FORCES § 271 1980—Subsec. (c). Pub. L. 96–513 substituted ‘‘Section 16 of the Act of March 4, 1909 (22 U.S.C. 463)’’ for ‘‘Sec- tion 463 of title 22’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. CHAPTER 15—MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES Sec. 271. Use of information collected during military operations. 272. Use of military equipment and facilities. 273. Training and advising civilian law enforce- ment officials. 274. Maintenance and operation of equipment. 275. Restriction on direct participation by mili- tary personnel. 276. Support not to affect adversely military pre- paredness. 277. Reimbursement. 278. Nonpreemption of other law. 279. Assignment of Coast Guard personnel to naval vessels for law enforcement purposes. 280. Enhancement of cooperation with civilian law enforcement officials. 281. Procurement of equipment by State and local governments through the Department of Defense: equipment for counter-drug, home- land security, and emergency response ac- tivities. 282. Emergency situations involving weapons of mass destruction. 283. Situations involving bombings of places of public use, Government facilities, public transportation systems, and infrastructure facilities. 284. Support for counterdrug activities and activi- ties to counter transnational organized crime. Editorial Notes PRIOR PROVISIONS A prior chapter 15, consisting of sections 331 to 335, was renumbered chapter 13, and sections 331 to 335 were renumbered sections 251 to 255, respectively. AMENDMENTS 2016—Pub. L. 114–328, div. A, title X, § 1011(a)(2), title XII, § 1241(a)(1), (o)(2), Dec. 23, 2016, 130 Stat. 2385, 2497, 2512, added item 384, renumbered chapter 18 of this title ‘‘MILITARY SUPPORT FOR CIVILIAN LAW EN- FORCEMENT AGENCIES’’ as chapter 15, redesignated item 371 ‘‘Use of information collected during military operations’’ as item 271, redesignated item 372 ‘‘Use of military equipment and facilities’’ as item 272, redesig- nated item 373 ‘‘Training and advising civilian law en- forcement officials’’ as item 273, redesignated item 374 ‘‘Maintenance and operation of equipment’’ as item 274, redesignated item 375 ‘‘Restriction on direct participa- tion by military personnel’’ as item 275, redesignated item 376 ‘‘Support not to affect adversely military pre- paredness’’ as item 276, redesignated item 377 ‘‘Reim- bursement’’ as item 277, redesignated item 378 ‘‘Non- preemption of other law’’ as item 278, redesignated item 379 ‘‘Assignment of Coast Guard personnel to naval vessels for law enforcement purposes’’ as item 279, redesignated item 380 ‘‘Enhancement of coopera- tion with civilian law enforcement officials’’ as item 280, redesignated item 381 ‘‘Procurement of equipment by State and local governments through the Depart- ment of Defense: equipment for counter-drug, home- land security, and emergency response activities’’ as item 281, redesignated item 382 ‘‘Emergency situations involving weapons of mass destruction’’ as item 282, re- designated item 383 ‘‘Situations involving bombings of places of public use, Government facilities, public transportation systems, and infrastructure facilities’’ as item 283, and redesignated item 384 ‘‘Support for counterdrug activities and activities to counter transnational organized crime’’ as item 284. 2015—Pub. L. 114–92, div. A, title X, § 1082(b), Nov. 25, 2015, 129 Stat. 1003, added item 383. 2011—Pub. L. 111–383, div. A, title X, § 1075(b)(10)(C), Jan. 7, 2011, 124 Stat. 4369, added item 382 and struck out former item 382 ‘‘Emergency situations involving chemical or biological weapons of mass destruction’’. 2008—Pub. L. 110–417, [div. A], title VIII, § 885(b)(2), Oct. 14, 2008, 122 Stat. 4561, added item 381 and struck out former item 381 ‘‘Procurement by State and local governments of law enforcement equipment suitable for counter-drug activities through the Department of Defense’’. 1996—Pub. L. 104–201, div. A, title XIV, § 1416(a)(2), Sept. 23, 1996, 110 Stat. 2723, added item 382. 1993—Pub. L. 103–160, div. A, title XI, § 1122(a)(2), Nov. 30, 1993, 107 Stat. 1755, added item 381. 1989—Pub. L. 101–189, div. A, title XII, § 1216(a), Nov. 29, 1989, 103 Stat. 1569, in chapter heading substituted ‘‘18’’ for ‘‘8’’. 1988—Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2043, amended chapter analysis gen- erally substituting, in chapter heading ‘‘CHAPTER 8— MILITARY SUPPORT FOR CIVILIAN LAW ENFORCE- MENT AGENCIES’’ for ‘‘CHAPTER 18—MILITARY CO- OPERATION WITH CIVILIAN LAW ENFORCEMENT OFFICIALS’’, in item 374 ‘‘Maintenance and operation of equipment’’ for ‘‘Assistance by Department of De- fense personnel’’, in item 376 ‘‘Support not to affect ad- versely military preparedness’’ for ‘‘Assistance not to affect adversely military preparedness’’ and in item 380 ‘‘Enhancement of cooperation with civilian law en- forcement officials’’ for ‘‘Department of Defense drug law enforcement assistance: annual plan’’. 1987—Pub. L. 100–180, div. A, title XII, § 1243(b), Dec. 4, 1987, 101 Stat. 1164, added item 380. 1986—Pub. L. 99–570, title III, § 3053(b)(2), Oct. 27, 1986, 100 Stat. 3207–76, added item 379. Statutory Notes and Related Subsidiaries DEPARTMENT OF DEFENSE AUTHORITY TO PROVIDE AS- SISTANCE TO SECURE THE SOUTHERN LAND BORDER OF THE UNITED STATES Pub. L. 114–92, div. A, title X, § 1059, Nov. 25, 2015, 129 Stat. 986, as amended by Pub. L. 116–283, div. A, title X, § 1056(a), (b), Jan. 1, 2021, 134 Stat. 3855, which author- ized Department of Defense to provide assistance to se- cure the southern land border of the United States, was transferred by Pub. L. 116–283, div. A, title X, § 1056(c), Jan. 1, 2021, 134 Stat. 3856, and is set out as a note under section 284 of this title. § 271. Use of information collected during mili- tary operations (a) The Secretary of Defense may, in accord- ance with other applicable law, provide to Fed- eral, State, or local civilian law enforcement of- ficials any information collected during the nor- mal course of military training or operations that may be relevant to a violation of any Fed- eral or State law within the jurisdiction of such officials. (b) The needs of civilian law enforcement offi- cials for information shall, to the maximum ex- tent 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, Page 342 TITLE 10—ARMED FORCES § 271 that intelligence information held by the De- partment of Defense and relevant to drug inter- diction or other civilian law enforcement mat- ters is provided promptly to appropriate civilian law enforcement officials. (Added Pub. L. 97–86, title IX, § 905(a)(1), Dec. 1, 1981, 95 Stat. 1115, § 371; amended Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2043; renumbered § 271, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) Editorial Notes PRIOR PROVISIONS A prior section 271, added Pub. L. 85–861, § 1(5)(A), Sept. 2, 1958, 72 Stat. 1438; amended Pub. L. 95–485, title IV, § 405(b), Oct. 20, 1978, 92 Stat. 1615, related to system of continuous screening of units and members of Ready Reserve, 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 10149 of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 371 of this title as this section. 1988—Pub. L. 100–456 amended section generally, des- ignating existing provisions as subsec. (a), inserting reference to military training, and adding subsecs. (b) and (c). Statutory Notes and Related Subsidiaries SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–570, title III, § 3051, Oct. 27, 1986, 100 Stat. 3207–74, provided that: ‘‘This subtitle [subtitle A (§§ 3051–3059) of title III of Pub. L. 99–570, enacting sec- tion 379 of this title, amending sections 374 and 911 of this title, enacting provisions set out as notes under sections 374, 525, and 9441 of this title, and repealing provisions set out as a note under section 89 of Title 14, Coast Guard] may be cited as the ‘Defense Drug Inter- diction Assistance Act’.’’ ENHANCEMENT OF INFORMATION SHARING AND COORDI- NATION OF MILITARY TRAINING BETWEEN DEPART- MENT OF HOMELAND SECURITY AND DEPARTMENT OF DEFENSE Pub. L. 114–328, div. A, title X, § 1014, Dec. 23, 2016, 130 Stat. 2386, as amended by Pub. L. 116–92, div. A, title X, § 1053, Dec. 20, 2019, 133 Stat. 1591; Pub. L. 117–81, div. A, title X, § 1063, Dec. 27, 2021, 135 Stat. 1909; Pub. L. 117–263, div. A, title X, § 1058, Dec. 23, 2022, 136 Stat. 2780; Pub. L. 118–31, div. A, title X, § 1062, Dec. 22, 2023, 137 Stat. 400, provided that: ‘‘(a) IN GENERAL.—The Secretary of Homeland Secu- rity shall ensure that the information needs of the De- partment of Homeland Security relating to civilian law enforcement activities in proximity to the inter- national borders of the United States are identified and communicated to the Secretary of Defense for the pur- poses of the planning and executing of military train- ing by the Department of Defense. ‘‘(b) FORMAL MECHANISM OF NOTIFICATION.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2016], the Secretary of Homeland Security, in coordination with the Secretary of Defense, shall establish a for- mal mechanism through which the information needs of the Department of Homeland Security relating to civilian law enforcement activities in proximity to the international borders of the United States are identified and communicated to the Secretary of De- fense for the purposes of the planning and executing military training by the Department of Defense. ‘‘(2) DISSEMINATION TO THE ARMED FORCES.—To the extent practicable, the Secretary of Defense shall en- sure that such information needs are disseminated to the Armed Forces in a timely manner so the Armed Forces may take into account the information needs of civilian law enforcement when planning and exe- cuting training in accordance with section 271 of title 10, United States Code. ‘‘(3) COORDINATION OF TRAINING.—To the maximum extent practicable, the Secretary of Defense shall en- sure that the planning and execution of training de- scribed in paragraph (2) is coordinated with the De- partment of Homeland Security. ‘‘(c) SHARING OF CERTAIN INFORMATION.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Sec- retary of Defense shall jointly formulate guidance to ensure that the information relevant to civilian law en- forcement matters that is collected by the Armed Forces during the normal course of military training or operations in proximity to the international borders of the United States is provided promptly to relevant offi- cials in accordance with section 271 of title 10, United States Code. ‘‘(d) ANNUAL REPORTS.— ‘‘(1) DEPARTMENT OF DEFENSE REPORT.— ‘‘(A) IN GENERAL.—Not later than March 31 of each year, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Sen- ate and the House of Representatives], the Com- mittee on Homeland Security of the House of Rep- resentatives, and the Committee on Homeland Se- curity and Governmental Affairs of the Senate a re- port on any assistance provided by the Department of Defense to the border security mission of the De- partment of Homeland Security at the inter- national borders of the United States during the fiscal year preceding the fiscal year during which the report is submitted. ‘‘(B) ELEMENTS.—Each report submitted under subparagraph (A) shall include each of the fol- lowing: ‘‘(i) A description of the military training and operational activities of each military component leveraged, pursuant to section 271 of title 10, United States Code, to support the border secu- rity mission of the Department of Homeland Se- curity at the southern border of the United States. ‘‘(ii) For each activity described in clause (i), each of the following, identified by component: ‘‘(I) The Department of Homeland Security information need that was supported. ‘‘(II) The military training or operational ac- tivity leveraged to provide support. ‘‘(III) The duration of the support. ‘‘(IV) The cost of the support. ‘‘(iii) A description of any Department of De- fense activities provided in response to a request for assistance from the Department of Homeland Security. ‘‘(iv) For each activity described in clause (iii), the following: ‘‘(I) The stated rationale of the Department of Homeland Security for requesting assistance from the Department of Defense. ‘‘(II) The capability provided by the Depart- ment of Defense. ‘‘(III) The duration of the assistance provided by the capability. ‘‘(IV) The statutory authority under which the assistance was provided. ‘‘(V) The cost of the assistance provided. ‘‘(VI) Whether the Department of Defense was reimbursed by the Department of Homeland Se- curity for the assistance provided. ‘‘(VII) In the case of assistance for which the Department of Defense was not reimbursed, the justification for non-reimbursement. ‘‘(VIII) The methodology used for making cost estimates in the evaluation of a request for as- sistance. Page 343 TITLE 10—ARMED FORCES § 272 ‘‘(IX) The extent to which the fulfillment of the request for assistance affected readiness of the Armed Forces, including members of the re- serve components. ‘‘(v) A description of any Department of Defense excess property provided to U. S. Customs and Border Protection. ‘‘(vi) The status of the implementation of this section. ‘‘(vii) A description of any other activity the Secretary of Defense determines relevant. ‘‘(2) DEPARTMENT OF HOMELAND SECURITY REPORT.— Not later than March 31 of each year, the Secretary of Homeland Security shall submit to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on Home- land Security of the House of Representatives, and the Committee on Homeland Security and Govern- mental Affairs of the Senate a report on— ‘‘(A) any activities of the Department of Home- land Security to reduce, mitigate, or eliminate the demand for Department of Defense support at the international borders of the United States; and ‘‘(B) the status of implementation of this section. ‘‘(3) TERMINATION.—The requirement to submit a re- port under paragraph (1) or (2) shall terminate on De- cember 31, 2025.’’ AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUP- PORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES Pub. L. 108–136, div. A, title X, § 1022, Nov. 24, 2003, 117 Stat. 1594, as amended by Pub. L. 109–163, div. A, title X, § 1022, Jan. 6, 2006, 119 Stat. 3427; Pub. L. 110–181, div. A, title X, § 1021, Jan. 28, 2008, 122 Stat. 304; Pub. L. 110–417, [div. A], title X, § 1022, Oct. 14, 2008, 122 Stat. 4586; Pub. L. 111–84, div. A, title X, § 1012, Oct. 28, 2009, 123 Stat. 2441; Pub. L. 111–383, div. A, title X, § 1012(a)–(b)(2), Jan. 7, 2011, 124 Stat. 4346, 4347; Pub. L. 112–81, div. A, title X, § 1004(a), Dec. 31, 2011, 125 Stat. 1556; Pub. L. 112–239, div. A, title X, § 1011, Jan. 2, 2013, 126 Stat. 1907; Pub. L. 113–66, div. A, title X, § 1012, Dec. 26, 2013, 127 Stat. 844; Pub. L. 113–291, div. A, title X, § 1014, Dec. 19, 2014, 128 Stat. 3484; Pub. L. 115–91, div. A, title X, § 1081(i), Dec. 12, 2017, 131 Stat. 1601; Pub. L. 116–92, div. A, title X, § 1022, Dec. 20, 2019, 133 Stat. 1578; Pub. L. 117–81, div. A, title X, § 1008, Dec. 27, 2021, 135 Stat. 1889, provided that: ‘‘(a) AUTHORITY.—A joint task force of the Depart- ment of Defense that provides support to law enforce- ment agencies conducting counter-drug activities may also provide, subject to all applicable laws and regula- tions, support to law enforcement agencies conducting counter-terrorism activities or counter-transnational organized crime activities. ‘‘(b) AVAILABILITY OF FUNDS.—During fiscal years 2006 through 2027, funds for drug interdiction and counter- drug activities that are available to a joint task force to support counter-drug activities may also be used to provide the counter-terrorism or counter-transnational organized crime support authorized by subsection (a). ‘‘(c) ANNUAL REPORT.—Not later than December 31 of each year in which the authority in subsection (a) is in effect, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives] a report setting forth, for the one-year period ending on the date of such report, the following: ‘‘(1) An assessment of the effect on counter-drug, counter-transnational organized crime, and counter- terrorism activities and objectives of using counter- drug funds of a joint task force to provide counter- terrorism or counter-transnational organized crime support authorized by subsection (a). ‘‘(2) A description of the type of support and any re- cipient of support provided under subsection (a), and a description of the objectives of such support. ‘‘(3) A list of current joint task forces exercising the authority under subsection (a). ‘‘(4) A certification by the Secretary of Defense that any support provided under subsection (a) during such one-year period was provided in compliance with the requirements of subsection (d). ‘‘(d) CONDITIONS.—(1) Support for counter-terrorism or counter-transnational organized crime activities provided under subsection (a) may only be provided if the Secretary of Defense determines that the objectives of using the counter-drug funds of any joint task force to provide such support relate significantly to the ob- jectives of providing support for counter-drug activities by that joint task force or any other joint task force. ‘‘(2) The Secretary of Defense may waive the require- ments of paragraph (1) if the Secretary determines that such a waiver is vital to the national security interests of the United States. The Secretary shall promptly sub- mit to the congressional defense committees notice in writing of any waiver issued under this subparagraph, together with a description of the vital national secu- rity interests associated with the support covered by such waiver. ‘‘(e) DEFINITIONS.—(1) In this section, the term ‘transnational organized crime’ has the meaning given such term in section 284(i) of title 10, United States Code. ‘‘(2) For purposes of applying the definition of transnational organized crime under paragraph (1) to this section, the term ‘illegal means’, as it appears in such definition, includes the trafficking of money, human trafficking, illicit financial flows, illegal trade in natural resources and wildlife, trade in illegal drugs and weapons, and other forms of illegal means deter- mined by the Secretary of Defense.’’ [Pub. L. 112–81, div. A, title X, § 1004(b), Dec. 31, 2011, 125 Stat. 1556, provided that: ‘‘The authority in section 1022 of the National Defense Authorization Act for Fis- cal Year 2004 [Pub. L. 108–136, set out above], as amend- ed by subsection (a), may not be exercised unless the Secretary of Defense certifies to Congress, in writing, that the Department of Defense is in compliance with the provisions of paragraph (2) of subsection (d) of such section, as added by section 1012(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4346).’’] § 272. 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. (Added Pub. L. 97–86, title IX, § 905(a)(1), Dec. 1, 1981, 95 Stat. 1115, § 372; amended Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2043; Pub. L. 104–106, div. A, title III, § 378, Feb. 10, 1996, 110 Stat. 284; Pub. L. 104–201, div. A, title XIV, § 1416(b), Sept. 23, 1996, 110 Stat. 2723; Pub. L. 112–239, div. A, title III, § 351, Jan. 2, 2013, 126 Stat. 1701; renumbered § 272, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) Editorial Notes PRIOR PROVISIONS A prior section 272, added Pub. L. 85–861, § 1(5)(A), Sept. 2, 1958, 72 Stat. 1438; amended Pub. L. 96–513, title V, § 511(8), Dec. 12, 1980, 94 Stat. 2920, related to trans- fers back from Standby Reserve to Ready Reserve, 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 10150 of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 372 of this title as this section.