10 U.S.C. § 277 — Reimbursement

Page 348 TITLE 10—ARMED FORCES § 275 and provided for monitoring of the Department’s per- formance by the General Accounting Office. § 275. Restriction on direct participation by mili- tary personnel The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or de- tail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Ma- rine Corps in a search, seizure, arrest, or other similar activity unless participation in such ac- tivity by such member is otherwise authorized by law. (Added Pub. L. 97–86, title IX § 905(a)(1), Dec. 1, 1981, 95 Stat. 1116, § 375; amended Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2045; Pub. L. 101–189, div. A, title XII, § 1211, Nov. 29, 1989, 103 Stat. 1567; renumbered § 275, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) Editorial Notes PRIOR PROVISIONS A prior section 275, acts Aug. 10, 1956, ch. 1041, 70A Stat. 13; Sept. 2, 1958, Pub. L. 85–861, § 1(5)(B), 72 Stat. 1439, related to maintenance of personnel records of members 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 sec- tion 10204 of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 375 of this title as this section. 1989—Pub. L. 101–189 substituted ‘‘any activity’’ for ‘‘the provision of any support’’, struck out ‘‘to any ci- vilian law enforcement official’’ after ‘‘any per- sonnel)’’, and substituted ‘‘a search, seizure, arrest,’’ for ‘‘a search and seizure, an arrest,’’. 1988—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 nec- essary 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 in- clude or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in an interdic- tion 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.’’ § 276. Support not to affect adversely military preparedness Support (including the provision of any equip- ment or facility or the assignment or detail of any personnel) may not be provided to any civil- ian 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 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. (Added Pub. L. 97–86, title, IX, § 905(a)(1), Dec. 1, 1981, 95 Stat. 1116, § 376; amended Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2045; renumbered § 276, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) Editorial Notes PRIOR PROVISIONS A prior section 276, acts Aug. 10, 1956, ch. 1041, 70A Stat. 13; Apr. 21, 1987, Pub. L. 100–26, § 7(k)(4), 101 Stat. 284, related to maintenance of mobilization forces, 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 10207 of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 376 of this title as this section. 1988—Pub. L. 100–456 substituted ‘‘Support’’ for ‘‘As- sistance’’ in section catchline and amended text gen- erally. Prior to amendment, text read as follows: ‘‘As- sistance (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 ad- versely affect the military preparedness of the United States. The Secretary of Defense shall issue such regu- lations as may be necessary to insure that the provi- sion of any such assistance does not adversely affect the military preparedness of the United States.’’ § 277. Reimbursement (a) Subject to subsection (c), 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)(1) Subject to subsection (c), the Secretary of Defense shall require a Federal agency to which law enforcement support or support to a national special security event is provided by National Guard personnel performing duty under section 502(f) of title 32 to reimburse the Department of Defense for the costs of that sup- port, notwithstanding any other provision of law. No other provision of this chapter shall apply to such support. (2) Any funds received by the Department of Defense under this subsection as reimbursement for support provided by personnel of the Na- tional Guard shall be credited, at the election of the Secretary of Defense, to the following: (A) The appropriation, fund, or account used to fund the support. (B) The appropriation, fund, or account cur- rently available for reimbursement purposes. (c) An agency to which support is provided under this chapter or section 502(f) of title 32 is not required to reimburse the Department of De- fense for such support if the Secretary of De- fense waives reimbursement. The Secretary may waive the reimbursement requirement under this subsection if such support— (1) is provided in the normal course of mili- tary training or operations; or (2) results in a benefit to the element of the Department of Defense or personnel of the Na- tional Guard providing the support that is sub- stantially equivalent to that which would oth- erwise be obtained from military operations or training. 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).