Federal · Title 10 — Armed Forces

10 U.S.C. § 274: Maintenance and operation of equipment

Civil

What this law says, in plain English

This statute authorizes the Secretary of Defense to make Department of Defense personnel available to assist federal, state, and local law enforcement with equipment maintenance and operation for specific law enforcement purposes.

Read the full statutory text
The Secretary of Defense may, in accordance with other applicable law, make Department of Defense personnel available for the maintenance of equipment for Federal, State, and local civilian law enforcement officials, including equipment made available under section 372 1 of this title. 1 See References in Text note below. a criminal violation of a provision of law specified in paragraph (4)(A); assistance that such agency is authorized to furnish to a State, local, or foreign government which is involved in the enforcement of similar laws; a foreign or domestic counter-terrorism operation; or a rendition of a suspected terrorist from a foreign country to the United States to stand trial. Detection, monitoring, and communication of the movement of air and sea traffic. Detection, monitoring, and communication of the movement of surface traffic outside of the geographic boundary of the United States and within the United States not to exceed 25 miles of the boundary if the initial detection occurred outside of the boundary. Aerial reconnaissance. Interception of vessels or aircraft detected outside the land area of the United States for the purposes of communicating with such vessels and aircraft to direct such vessels and aircraft to go to a location designated by appropriate civilian officials. Operation of equipment to facilitate communications in connection with law enforcement programs specified in paragraph (4)(A). the transportation of civilian law enforcement personnel along with any other civilian or military personnel who are supporting, or conducting, a joint operation with civilian law enforcement personnel; the operation of a base of operations for civilian law enforcement and supporting personnel; and the transportation of suspected terrorists from foreign countries to the United States for trial (so long as the requesting Federal law enforcement agency provides all security for such transportation and maintains custody over the suspect through the duration of the transportation). Department of Defense personnel made available to operate equipment for the purpose stated in paragraph (2)(D) may continue to operate such equipment into the land area of the United States in cases involving the pursuit of vessels or aircraft where the detection began outside such land area. The Controlled Substances Act ( 21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq.). Any of sections 274 through 278 of the Immigration and Nationality Act ( 8 U.S.C. 1324–132 8). A law relating to the arrival or departure of merchandise (as defined in section 401 of the Tariff Act of 1930 ( 19 U.S.C. 1401 ) into or out of the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States) or any other territory or possession of the United States. Chapter 705 of title 46. Any law, foreign or domestic, prohibiting terrorist activities. The term “land area of the United States” includes the land area of any territory, commonwealth, or possession of the United States. The Secretary of Defense may, in accordance with other applicable law, make Department of Defense personnel available to any Federal, State, or local civilian law enforcement agency to operate equipment for purposes other than described in subsection (b)(2) only to the extent that such support does not involve direct participation by such personnel in a civilian law enforcement operation unless such direct participation is otherwise authorized by law. the amount authorized to be transferred; the account from which such amount is authorized to be transferred; and the account to which such amount is authorized to be transferred. Personnel of the Department of Defense may not be detailed to another department or agency in order to implement the National Drug Control Strategy unless the Secretary of Defense certifies to Congress that the detail of such personnel is in the national security interest of the United States. specifically refers to this section; and specifically states that such provision of law modifies or supersedes the provisions of subsection (b) or (c), as the case may be.”

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