---
kind: "range"
citation: "10 U.S.C. §§ 274–278"
title: "10"
from: "274"
to: "278"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/10/274..278"
---

# §274. Maintenance and operation of equipment

- (a) The Secretary of Defense may, in accordance with other applicable law, make [Department](/usc/10/101.md?p=a-6) of Defense personnel available for the maintenance of equipment for Federal, [State](/usc/10/2815a.md?p=g-2), and local civilian law enforcement officials, including equipment made available under [section 372](/usc/10/372.md)[^1] of this title.
- (b)
  - (1) Subject to [paragraph (2)](#b-2) and in accordance with other applicable law, the Secretary of Defense may, upon request from the head of a [Federal law enforcement agency](#b-4-A), make [Department](/usc/10/101.md?p=a-6) of Defense personnel available to operate equipment (including equipment made available under [section 372](/usc/10/372.md)[^1] of this title) with respect to—
    - (A) a criminal violation of a provision of law specified in [paragraph (4)(A)](#b-4-A);
    - (B) [assistance](/usc/10/2005.md?p=d-2) that such [agency](/usc/10/4701.md?p=g-1) is authorized to furnish to a [State](/usc/10/2815a.md?p=g-2), local, or foreign government which is involved in the enforcement of similar laws;
    - (C) a foreign or domestic counter-terrorism operation; or
    - (D) a rendition of a suspected terrorist from a foreign country to the [United States](/usc/10/101.md?p=a-1) to stand trial.
  - (2) [Department](/usc/10/101.md?p=a-6) of Defense personnel made available to a civilian law enforcement [agency](/usc/10/4701.md?p=g-1) under this subsection may operate equipment for the following purposes:
    - (A) Detection, monitoring, and communication of the movement of air and sea traffic.
    - (B) Detection, monitoring, and communication of the movement of surface traffic outside of the geographic boundary of the [United States](/usc/10/101.md?p=a-1) and within the [United States](/usc/10/101.md?p=a-1) not to exceed 25 miles of the boundary if the initial detection occurred outside of the boundary.
    - (C) Aerial reconnaissance.
    - (D) Interception of vessels or aircraft detected outside the [land area of the United States](#b-4-B) 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.
    - (E) Operation of equipment to facilitate communications in connection with law enforcement programs specified in [paragraph (4)(A)](#b-4-A).
    - (F) Subject to joint approval by the Secretary of Defense and the Attorney General (and the Secretary of State in the case of a law enforcement operation outside of the [land area of the United States](#b-4-B))—
      - (i) 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;
      - (ii) the operation of a base of operations for civilian law enforcement and supporting personnel; and
      - (iii) the transportation of suspected terrorists from foreign countries to the [United States](/usc/10/101.md?p=a-1) for trial (so long as the requesting [Federal law enforcement agency](#b-4-A) provides all security for such transportation and maintains custody over the suspect through the duration of the transportation).
  - (3) [Department](/usc/10/101.md?p=a-6) of Defense personnel made available to operate equipment for the purpose stated in [paragraph (2)(D)](#b-2-D) may continue to operate such equipment into the [land area of the United States](#b-4-B) in cases involving the pursuit of vessels or aircraft where the detection began outside such land area.
  - (4) In this subsection:
    - (A) The term “Federal law enforcement agency” means a Federal [agency](/usc/10/4701.md?p=g-1) with jurisdiction to enforce any of the following:
      - (i) The Controlled Substances Act ([21 U.S.C. 801](/usc/21/801.md) et seq.) or the Controlled Substances Import and Export Act ([21 U.S.C. 951](/usc/21/951.md) et seq.).
      - (ii) Any of [sections 274 through 278](/usc/10/274..278.md) of the Immigration and Nationality Act ([8 U.S.C. 1324–132](https://uscode.house.gov/view.xhtml?req=(/us/usc/t8/s1324–132))8).
      - (iii) 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](/usc/19/1401.md)) into or out of the customs territory of the [United States](/usc/10/101.md?p=a-1) (as defined in general note 2 of the Harmonized Tariff Schedule of the [United States](/usc/10/101.md?p=a-1)) or any other territory or possession of the [United States](/usc/10/101.md?p=a-1).
      - (iv) [Chapter 705](/usc/46/chstVII-ch705.md) of title 46.
      - (v) Any law, foreign or domestic, prohibiting terrorist activities.
    - (B) The term “land area of the United States” [includes](/usc/10/101.md?p=g-4) the land area of any territory, commonwealth, or possession of the [United States](/usc/10/101.md?p=a-1).
- (c) The Secretary of Defense may, in accordance with other applicable law, make [Department](/usc/10/101.md?p=a-6) of Defense personnel available to any Federal, [State](/usc/10/2815a.md?p=g-2), or local civilian law enforcement [agency](/usc/10/4701.md?p=g-1) to operate equipment for purposes other than described in [subsection (b)(2)](#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.

# §275. Restriction on direct participation by military 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](/usc/10/227.md?p=b-2) or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a [member](/usc/10/1408.md?p=a-5) of the [Army](/usc/10/7001.md), Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such [member](/usc/10/1408.md?p=a-5) is otherwise authorized by law.


# §276. Support not to affect adversely military preparedness


Support (including the provision of any equipment or [facility](/usc/10/227.md?p=b-2) 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](/usc/10/101.md?p=a-1). 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](/usc/10/101.md?p=a-1).


# §277. Reimbursement

- (a) Subject to [subsection (c)](#c), to the extent otherwise required by [section 1535 of title 31](/usc/31/1535.md) (popularly known as the “Economy Act”) or other applicable law, the Secretary of Defense shall require a civilian law enforcement [agency](/usc/10/4701.md?p=g-1) to which support is provided under this chapter to reimburse the [Department](/usc/10/101.md?p=a-6) of Defense for that support.
- (b)
  - (1) Subject to [subsection (c)](#c), the Secretary of Defense shall require a Federal [agency](/usc/10/4701.md?p=g-1) to which law enforcement support or support to a national special security event is provided by [National Guard](/usc/10/101.md?p=c-1) personnel performing duty under [section 502(f) of title 32](/usc/32/502.md?p=f) to reimburse the [Department](/usc/10/101.md?p=a-6) 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](/usc/10/2871.md?p=6) received by the [Department](/usc/10/101.md?p=a-6) of Defense under this subsection as reimbursement for support provided by personnel of the [National Guard](/usc/10/101.md?p=c-1) shall be credited, at the election of the Secretary of Defense, to the following:
    - (A) The appropriation, [fund](/usc/10/2871.md?p=6), or account used to [fund](/usc/10/2871.md?p=6) the support.
    - (B) The appropriation, [fund](/usc/10/2871.md?p=6), or account currently available for reimbursement purposes.
- (c) An [agency](/usc/10/4701.md?p=g-1) to which support is provided under this chapter or [section 502(f) of title 32](/usc/32/502.md?p=f) is not required to reimburse the [Department](/usc/10/101.md?p=a-6) 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](/usc/10/101.md?p=a-6) of Defense or personnel of the [National Guard](/usc/10/101.md?p=c-1) providing the support that is substantially equivalent to that which would otherwise be obtained from military operations or training.

# §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.