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10 U.S.C. § 376 (ARMED FORCES)
§ 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 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; amended Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2045.)
heading: Amendments
text: 1988—Pub. L. 100–456 substituted “Support” for “Assistance” in section catchline and amended text generally. Prior to amendment, text read as follows: “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.”
10 U.S.C. § 377 (ARMED FORCES)
§ 377. 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 support, 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 National 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 currently 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 Defense for such support if the Secretary of Defense waives reimbursement. The Secretary may waive the reimbursement requirement under this subsection 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 or personnel of the National Guard providing the support that is substantially equivalent to that which would otherwise be obtained from military operations or training.
(Added Pub. L. 97–86, title IX, § 905(a)(1), Dec. 1, 1981, 95 Stat. 1116; 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.)
heading: Amendments
text: 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 subsecs. (b) and (c) and struck out former subsec. (b) which read as follows: “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.”
1988—Pub. L. 100–456 amended section generally. Prior to amendment, section read as follows: “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.”
10 U.S.C. § 378 (ARMED FORCES)
§ 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.
(Added Pub. L. 97–86, title IX, § 905(a)(1), Dec. 1, 1981, 95 Stat. 1116; 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.)
heading: Amendments
text: 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”.
10 U.S.C. § 379 (ARMED FORCES)
§ 379. 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 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 Homeland Security; 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 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.
(Added Pub. L. 99–570, title III, § 3053(b)(1), Oct. 27, 1986, 100 Stat. 3207–75; 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.)
heading: Amendments
text: 2002—Subsecs. (a), (b)(1), (c). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
1988—Pub. L. 100–456 amended section generally, substituting “every appropriate surface naval vessel” for “appropriate surface naval vessels” in subsec. (a), substituting “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).
heading: Effective Date of 2002 Amendment
text: 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.
10 U.S.C. § 380 (ARMED FORCES)
§ 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.
(Added Pub. L. 100–180, div. A, title XII, § 1243(a), Dec. 4, 1987, 101 Stat. 1163; amended Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2046.)
heading: Amendments
text: 1988—Pub. L. 100–456 amended section generally, substituting provisions relating to annual briefing of law enforcement personnel of each State by Secretary of Defense and Attorney General and establishment of offices and telephone communication with those offices regarding surplus military equipment for provisions requiring the Secretary to report to Congress on the availability of assistance, etc., to civilian law enforcement 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.
10 U.S.C. § 403 (ARMED FORCES)
[§ 403. Repealed. Pub. L. 104–106, div. A, title X, § 1061(g)(1), Feb. 10, 1996, 110 Stat. 443]
text: Section, added Pub. L. 102–484, div. A, title XIII, § 1342(c)(1), Oct. 23, 1992, 106 Stat. 2557; amended Pub. L. 103–160, div. A, title XV, § 1501(b), (c), Nov. 30, 1993, 107 Stat. 1836, related to international peacekeeping activities.
10 U.S.C. § 405 (ARMED FORCES)
§ 405. Use of Department of Defense funds for United States share of costs of United Nations peacekeeping activities: limitation
(a) Prohibition on Use of Funds.—
Funds available to the Department of Defense may not be used to make a financial contribution (directly or through another department or agency of the United States) to the United Nations—
(1) for the costs of a United Nations peacekeeping activity; or
(2) for any United States arrearage to the United Nations.
(b) Application of Prohibition.—
The prohibition in subsection (a) applies to voluntary contributions, as well as to contributions pursuant to assessment by the United Nations for the United States share of the costs of a peacekeeping activity.
(Added Pub. L. 104–106, div. A, title XIII, § 1301(a), Feb. 10, 1996, 110 Stat. 473.)
heading: Prior Provisions
text: A prior section 405 was renumbered section 401(e) of this title.
heading: Use of Department of Defense Funds for United Nations Forces
text: Pub. L. 105–261, div. A, title XII, § 1231(b), Oct. 17, 1998, 112 Stat. 2155, provided that:
“No funds available to the Department of Defense may be used—
“(1) for a monetary contribution to the United Nations for the establishment of a standing international force under the United Nations; or
“(2) to assign or detail any member of the Armed Forces to duty with a United Nations Stand By Force.”
10 U.S.C. § 408 (ARMED FORCES)
§ 408. Equipment and training of foreign personnel to assist in Department of Defense accounting for missing United States Government personnel
(a) In General.—
The Secretary of Defense may provide assistance to any foreign nation to assist the Department of Defense with recovery of and accounting for missing United States Government personnel.
(b) Types of Assistance.—
The assistance provided under subsection (a) may include the following:
(1) Equipment.
(2) Supplies.
(3) Services.
(4) Training of personnel.
(c) Approval by Secretary of State.—
Assistance may not be provided under this section to any foreign nation unless the Secretary of State specifically approves the provision of such assistance.
(d) Limitation.—
The amount of assistance provided under this section in any fiscal year may not exceed $1,000,000.
(e) Construction With Other Assistance.—
The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations under law.
(f) Congressional Oversight.—
Whenever the Secretary of Defense provides assistance to a foreign nation under this section, the Secretary shall submit to the congressional defense committees a report on the assistance provided. Each such report shall identify the nation to which the assistance was provided and include a description of the type and amount of the assistance provided.
(Added Pub. L. 110–181, div. A, title XII, § 1207(a), Jan. 28, 2008, 122 Stat. 367; amended Pub. L. 112–81, div. A, title X, § 1064(5), Dec. 31, 2011, 125 Stat. 1587.)
heading: Amendments
text: 2011—Subsec. (f). Pub. L. 112–81 amended subsec. (f) generally. Prior to amendment, text read as follows:
“(1) Not later than December 31 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the fiscal year ending in such year.
“(2) Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following:
“(A) A listing of each foreign nation provided assistance under this section.
“(B) For each nation so provided assistance, a description of the type and amount of such assistance.”
10 U.S.C. § 410 (ARMED FORCES)
[§ 410. Repealed. Pub. L. 104–106, div. A, title V, § 571(a)(1), Feb. 10, 1996, 110 Stat. 353]
text: Section, added Pub. L. 102–484, div. A, title X, § 1081(b)(1), Oct. 23, 1992, 106 Stat. 2515, related to Civil-Military Cooperative Action Program.
heading: Pilot Outreach Program To Reduce Demand for Illegal Drugs
text: Pub. L. 102–484, div. A, title X, § 1045, Oct. 23, 1992, 106 Stat. 2494, required Secretary of Defense to conduct pilot outreach program to reduce demand for illegal drugs, required program to include outreach activities by active and reserve components of Armed Forces and focus primarily on youths in general and inner-city youths in particular, and related to payment of travel and living expenses, funding, duration of program, and reporting requirements, prior to repeal by Pub. L. 104–106, div. A, title V, § 571(b), Feb. 10, 1996, 110 Stat. 353.
heading: Congressional Findings
text: Pub. L. 102–484, div. A, title X, § 1081(a), Oct. 23, 1992, 106 Stat. 2514, related to findings of Congress as to use of military resources to assist in addressing domestic needs, prior to repeal by Pub. L. 104–106, div. A, title V, § 571(a)(2), Feb. 10, 1996, 110 Stat. 353.
10 U.S.C. § 422 (ARMED FORCES)
§ 422. Use of funds for certain incidental purposes
(a) Counterintelligence Official Reception and Representation Expenses.—
The Secretary of Defense may use funds available to the Department of Defense for counterintelligence programs to pay the expenses of hosting foreign officials in the United States under the auspices of the Department of Defense for consultation on counterintelligence matters.
(b) Promotional Items for Recruitment Purposes.—
The Secretary of Defense may use funds available for an intelligence element of the Department of Defense to purchase promotional items of nominal value for use in the recruitment of individuals for employment by that element.
(Added Pub. L. 99–569, title IV, § 401(c), Oct. 27, 1986, 100 Stat. 3195, § 140a; renumbered § 422, Pub. L. 100–26, § 9(a)(3), Apr. 21, 1987, 101 Stat. 287; amended Pub. L. 107–108, title V, § 501(a)–(b)(2), Dec. 28, 2001, 115 Stat. 1404.)
heading: Amendments
text: 2001—Pub. L. 107–108 substituted “Use of funds for certain incidental purposes” for “Counterintelligence official reception and representation expenses” in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
1987—Pub. L. 100–26 renumbered section 140a of this title as this section.
10 U.S.C. § 423 (ARMED FORCES)
§ 423. Authority to use proceeds from counterintelligence operations of the military departments or the Defense Intelligence Agency
(a) The Secretary of Defense may authorize, without regard to the provisions of section 3302 of title 31, use of proceeds from counterintelligence operations conducted by components of the military departments or the Defense Intelligence Agency to offset necessary and reasonable expenses, not otherwise prohibited by law, incurred in such operations, and to make exceptional performance awards to personnel involved in such operations, if use of appropriated funds to meet such expenses or to make such awards would not be practicable.
(b) As soon as the net proceeds from such counterintelligence operations are no longer necessary for the conduct of those operations, such proceeds shall be deposited into the Treasury as miscellaneous receipts.
(c) The Secretary of Defense shall establish policies and procedures to govern acquisition, use, management, and disposition of proceeds from counterintelligence operations conducted by components of the military departments or the Defense Intelligence Agency, including effective internal systems of accounting and administrative controls.
(Added Pub. L. 99–569, title IV, § 403(a), Oct. 27, 1986, 100 Stat. 3196, § 140b; renumbered § 423 and amended Pub. L. 100–26, § 9(a)(3), (b)(3), Apr. 21, 1987, 101 Stat. 287; Pub. L. 111–84, div. A, title IX, § 921(a), (b)(1), Oct. 28, 2009, 123 Stat. 2432.)
heading: Amendments
text: 2009—Pub. L. 111–84 inserted “or the Defense Intelligence Agency” after “military departments” wherever appearing.
1987—Pub. L. 100–26 renumbered section 140b of this title as this section and struck out “United States Code,” after “section 3302 of title 31,” in subsec. (a).
10 U.S.C. § 427 (ARMED FORCES)
[§ 427. Repealed. Pub. L. 112–81, div. A, title X, § 1061(4)(A), Dec. 31, 2011, 125 Stat. 1583]
text: Section, added Pub. L. 109–364, div. A, title IX, § 932(a), Oct. 17, 2006, 120 Stat. 2362, related to submission of an annual report on intelligence oversight activities of the Department of Defense.
10 U.S.C. § 429 (ARMED FORCES)
§ 429. Appropriations for Defense intelligence elements: accounts for transfers; transfer authority
(a) Accounts for Appropriations for Defense Intelligence Elements.—
The Secretary of Defense may transfer appropriations of the Department of Defense which are available for the activities of Defense intelligence elements to an account or accounts established for receipt of such transfers. Each such account may also receive transfers from the Director of National Intelligence if made pursuant to Section 1 102A of the National Security Act of 1947 (50 U.S.C. 403–1),2 and transfers and reimbursements arising from transactions, as authorized by law, between a Defense intelligence element and another entity. Appropriation balances in each such account may be transferred back to the account or accounts from which such appropriations originated as appropriation refunds.
(b) Recordation of Transfers.—
Transfers made pursuant to subsection (a) shall be recorded as expenditure transfers.
(c) Availability of Funds.—
Funds transferred pursuant to subsection (a) shall remain available for the same time period and for the same purpose as the appropriation from which transferred, and shall remain subject to the same limitations provided in the act making the appropriation.
(d) Obligation and Expenditure of Funds.—
Unless otherwise specifically authorized by law, funds transferred pursuant to subsection (a) shall only be obligated and expended in accordance with chapter 15 of title 31 and all other applicable provisions of law.
(e) Defense Intelligence Element Defined.—
In this section, the term “Defense intelligence element” means any of the Department of Defense agencies, offices, and elements included within the definition of “intelligence community” under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).2
(Added Pub. L. 112–87, title IV, § 433(a), Jan. 3, 2012, 125 Stat. 1894.)
heading: References in Text
text: The National Security Act of 1947, referred to in subsecs. (a) and (e), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Sections 3 and 102A of the Act are now classified to sections 3003 and 3024, respectively, of Title 50. For complete classification of this Act to the Code, see Tables.
10 U.S.C. § 432 (ARMED FORCES)
§ 432. Use, disposition, and auditing of funds
(a) Use of Funds.—
Funds generated by a commercial activity authorized pursuant to this subchapter may be used to offset necessary and reasonable expenses arising from that activity. Use of such funds for that purpose shall be kept to the minimum necessary to conduct the activity concerned in a secure manner. Any funds generated by the activity in excess of those required for that purpose shall be deposited, as often as may be practicable, into the Treasury as miscellaneous receipts.
(b) Audits.—
(1) The Secretary of Defense shall assign an organization within the Department of Defense to have auditing responsibility with respect to activities authorized under this subchapter.
(2) That organization shall audit the use and disposition of funds generated by any commercial activity authorized under this subchapter not less often than annually. The results of all such audits shall be promptly reported to the intelligence committees (as defined in section 437(d) 1 of this title).
(Added Pub. L. 102–88, title V, § 504(a)(2), Aug. 14, 1991, 105 Stat. 438.)
heading: References in Text
text: Section 437(d) of this title, referred to in subsec. (b)(2), was struck out by Pub. L. 107–306, title VIII, § 811(b)(4)(A)(ii), Nov. 27, 2002, 116 Stat. 2423.