10 U.S.C. § 281 — Procurement of equipment by State and

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. Page 351 TITLE 10—ARMED FORCES § 282 (2) In establishing the procedures, the Sec- retary of Defense shall coordinate with the Gen- eral Services Administration and other Federal agencies for purposes of avoiding duplication of effort. (b) REIMBURSEMENT OF ADMINISTRATIVE COSTS.—In the case of any purchase made by a State or unit of local government under the pro- cedures established under subsection (a), the Secretary of Defense shall require the State or unit of local government to reimburse the De- partment of Defense for the administrative costs to the Department of such purchase. (c) GSA CATALOG.—The Administrator of Gen- eral Services, in coordination with the Sec- retary of Defense, shall produce and maintain a catalog of equipment suitable for counter-drug, homeland security, and emergency response ac- tivities for purchase by States and units of local government under the procedures established by the Secretary under this section. (d) DEFINITIONS.—In this section: (1) The term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States. (2) The term ‘‘unit of local government’’ means any city, county, township, town, bor- ough, parish, village, or other general purpose political subdivision of a State; an Indian tribe which performs law enforcement or emergency response functions as determined by the Secretary of the Interior; or any agency of the District of Columbia government or the United States Government performing law en- forcement or emergency response functions in and for the District of Columbia or the Trust Territory of the Pacific Islands. (3) The term ‘‘equipment suitable for counter-drug, homeland security, and emer- gency response activities’’ has the meaning given such term in regulations prescribed by the Secretary of Defense. In prescribing the meaning of the term, the Secretary may not include any equipment that the Department of Defense does not procure for its own purposes and, in the case of equipment for homeland se- curity activities, may not include any equip- ment that is not found on the Authorized Equipment List published by the Department of Homeland Security. (Added Pub. L. 103–160, div. A, title XI, § 1122(a)(1), Nov. 30, 1993, 107 Stat. 1754, § 381; amended Pub. L. 110–417, [div. A], title VIII, § 885(a), (b)(1), Oct. 14, 2008, 122 Stat. 4560, 4561; renumbered § 281, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) Editorial Notes PRIOR PROVISIONS A prior section 281, added Pub. L. 86–559, § 1(2)(C), June 30, 1960, 74 Stat. 264; amended Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, pro- vided that certain references in this title to the adju- tant general or assistant adjutant general of the Na- tional Guard of a jurisdiction be applied to another of- ficer of the National Guard performing the duties of that office, 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 10214 of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 381 of this title as this section. 2008—Pub. L. 110–417, § 885(b)(1), substituted ‘‘Procure- ment of equipment by State and local governments through the Department of Defense: equipment for counter-drug, homeland security, and emergency re- sponse activities’’ for ‘‘Procurement by State and local governments of law enforcement equipment suitable for counter-drug activities through the Department of Defense’’ in section catchline. Subsec. (a)(1). Pub. L. 110–417, § 885(a)(1), in introduc- tory provisions, struck out ‘‘law enforcement’’ before ‘‘equipment’’ and inserted ‘‘, homeland security, and emergency response’’ after ‘‘counter-drug’’, in subpar. (A), inserted ‘‘, homeland security, or emergency re- sponse’’ after ‘‘counter-drug’’ in introductory provi- sions and struck out ‘‘law enforcement’’ before ‘‘equip- ment’’ in cl. (i), in subpar. (C) struck out ‘‘law enforce- ment’’ before ‘‘equipment’’ wherever appearing, and in subpar. (D) struck out ‘‘law enforcement’’ before ‘‘equipment shall’’. Subsec. (c). Pub. L. 110–417, § 885(a)(2), struck out ‘‘law enforcement’’ before ‘‘equipment’’ and inserted ‘‘, homeland security, and emergency response’’ after ‘‘counter-drug’’. Subsec. (d)(2), (3). Pub. L. 110–417, § 885(a)(3), in par. (2) inserted ‘‘or emergency response’’ after ‘‘law enforce- ment’’ in two places and in par. (3) struck out ‘‘law en- forcement’’ before ‘‘equipment suitable’’ and inserted ‘‘, homeland security, and emergency response’’ after ‘‘counter-drug’’ and ‘‘and, in the case of equipment for homeland security activities, may not include any equipment that is not found on the Authorized Equip- ment List published by the Department of Homeland Security’’ before period at end. Statutory Notes and Related Subsidiaries DEADLINE FOR ESTABLISHING PROCEDURES Pub. L. 103–160, div. A, title XI, § 1122(b), Nov. 30, 1993, 107 Stat. 1755, directed the Secretary of Defense to es- tablish procedures under subsec. (a) of this section not later than six months after Nov. 30, 1993. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 282. Emergency situations involving weapons of mass destruction (a) IN GENERAL.—The Secretary of Defense, upon the request of the Attorney General, may provide assistance in support of Department of Justice activities relating to the enforcement of section 175, 229, or 2332a of title 18 during an emergency situation involving a weapon of mass destruction. Department of Defense resources, including personnel of the Department of De- fense, may be used to provide such assistance if— (1) the Secretary of Defense and the Attor- ney General jointly determine that an emer- gency situation exists; and (2) the Secretary of Defense determines that the provision of such assistance will not ad- versely affect the military preparedness of the United States. (b) EMERGENCY SITUATIONS COVERED.—In this section, the term ‘‘emergency situation involv- ing a weapon of mass destruction’’ means a cir-