§372. Use of military equipment and facilities

The Secretary of Defense may, in accordance with other applicable law, make available any equipment (including associated supplies or spare parts), base facility, or research facility of the Department of Defense to any Federal, State, or local civilian law enforcement official for law enforcement purposes.

(Added Pub. L. 97–86, title IX, §905(a)(1), Dec. 1, 1981, 95 Stat. 1115 ; amended Pub. L. 100–456, div. A, title XI, §1104(a), Sept. 29, 1988, 102 Stat. 2043 .)

Amendments

1988-Pub. L. 100–456 amended section generally, inserting "(including associated supplies or spare parts)" and substituting "Department of Defense" for "Army, Navy, Air Force, or Marine Corps".

Transfer of Excess Personal Property

Pub. L. 101–189, div. A, title XII, §1208, Nov. 29, 1989, 103 Stat. 1566 , as amended by Pub. L. 102–484, div. A, title X, §1044, Oct. 23, 1992, 106 Stat. 2493 , provided that:

"(a) Transfer Authorized.-(1) Notwithstanding any other provision of law and subject to subsection (b), the Secretary of Defense may transfer to Federal and State agencies personal property of the Department of Defense, including small arms and ammunition, that the Secretary determines is-

"(A) suitable for use by such agencies in counter-drug activities; and

"(B) excess to the needs of the Department of Defense.

"(2) Personal property transferred under this section may be transferred without cost to the recipient agency.

"(3) The Secretary shall carry out this section in consultation with the Attorney General and the Director of National Drug Control Policy.

"(b) Conditions for Transfer.-The Secretary may transfer personal property under this section only if-

"(1) the property is drawn from existing stocks of the Department of Defense; and

"(2) the transfer is made without the expenditure of any funds available to the Department of Defense for the procurement of defense equipment.

"(c) Application.-The authority of the Secretary to transfer personal property under this section shall expire on September 30, 1997."

Section Referred to in Other Sections

This section is referred to in sections 373, 374 of this title.