10 USC 372: Use of military equipment and facilities

10 USC 372: Use of military equipment and facilities Text contains those laws in effect on January 2, 2001

From Title 10-ARMED FORCESSubtitle A-General Military LawPART I-ORGANIZATION AND GENERAL MILITARY POWERSCHAPTER 18-MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES

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§372. Use of military equipment and facilities

(a) In General.-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.

(b) Emergencies Involving Chemical and Biological Agents.-(1) In addition to equipment and facilities described in subsection (a), the Secretary may provide an item referred to in paragraph (2) to a Federal, State, or local law enforcement or emergency response agency to prepare for or respond to an emergency involving chemical or biological agents if the Secretary determines that the item is not reasonably available from another source. The requirement for a determination that an item is not reasonably available from another source does not apply to assistance provided under section 382 of this title pursuant to a request of the Attorney General for the assistance.

(2) An item referred to in paragraph (1) is any material or expertise of the Department of Defense appropriate for use in preparing for or responding to an emergency involving chemical or biological agents, including the following:

(A) Training facilities.

(B) Sensors.

(D) Antidotes.

(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 ; Pub. L. 104–106, div. A, title III, §378, Feb. 10, 1996, 110 Stat. 284 ; Pub. L. 104–201, div. A, title XIV, §1416(b), Sept. 23, 1996, 110 Stat. 2723 .)

Amendments

1996-Pub. L. 104–106 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Subsec. (b)(1). Pub. L. 104–201 inserted at end "The requirement for a determination that an item is not reasonably available from another source does not apply to assistance provided under section 382 of this title pursuant to a request of the Attorney General for the assistance."

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 , which authorized the Secretary of Defense to transfer excess personal property of the Department of Defense to Federal and State agencies, provided conditions for transfer, and terminated the Secretary's authority on Sept. 30, 1997, was repealed and restated in section 2576a of this title by Pub. L. 104–201, div. A, title X, §1033(a)(1), (b)(1), Sept. 23, 1996, 110 Stat. 2639 , 2640.

Section Referred to in Other Sections

This section is referred to in sections 373, 374, 382 of this title.