§272. 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 , §372; 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 ; Pub. L. 112–239, div. A, title III, §351, Jan. 2, 2013, 126 Stat. 1701 ; renumbered §272, Pub. L. 114–328, div. A, title XII, §1241(a)(2), Dec. 23, 2016, 130 Stat. 2497 .)

Editorial Notes

Prior Provisions

A prior section 272, added Pub. L. 85–861, §1(5)(A), Sept. 2, 1958, 72 Stat. 1438 ; amended Pub. L. 96–513, title V, §511(8), Dec. 12, 1980, 94 Stat. 2920 , related to transfers back from Standby Reserve to Ready Reserve, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§1661(a)(2)(A), 1691, Oct. 5, 1994, 108 Stat. 2979 , 3026, effective Dec. 1, 1994. See section 10150 of this title.

Amendments

2016-Pub. L. 114–328 renumbered section 372 of this title as this section.

2013-Pub. L. 112–239 struck out "(a) In General.-" before "The Secretary" and subsec. (b) which related to emergencies involving chemical and biological agents.

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".

Statutory Notes and Related Subsidiaries

Congressional Notification of Support for Immigration Enforcement Operations

Pub. L. 119–60, div. A, title X, §1053(a), Dec. 18, 2025, 139 Stat. 1043 , provided that: "Not later than seven calendar days after Department of Defense aircraft are used in support of alien removal operations by the Department of Homeland Security, the Secretary of Defense shall provide written notification to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of the following:

"(1) The type and variant of military aircraft used to support the alien removal operation.

"(2) The number of individuals not employed by the Department of Defense on board the military aircraft.

"(3) The type, variant, and number of any military aircraft used to support the military aircraft being used in the alien removal operation, including aerial refueling aircraft.

"(4) The estimated cost of supporting the alien removal operation, including-

"(A) the aircraft used;

"(B) the number of flights hours required to complete the round-trip mission;

"(C) the use of any supporting aircraft, including aerial refueling aircraft; and

"(D) the number of flight hours required to complete the round-trip mission of the supporting aircraft.

"(5) The destination country of the military aircraft.

"(6) When the destination country of the military aircraft is Naval Station Guantanamo Bay, Cuba, reporting on both inbound and outbound flights in accordance with the requirements of paragraphs (1) through (5).

"(7) Any reassignment of Department of Defense personnel from Joint Task Force Guantanamo or another Department of Defense entity to support removal operations."

Notification of Aliens Held at Installations of Department of Defense

Pub. L. 119–60, div. A, title X, §1053(b), Dec. 18, 2025, 139 Stat. 1044 , provided that:

"(1) In general.-Not later than 30 days after the date of the enactment of this Act [Dec. 18, 2025], and not less frequently every 90 days thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives written notice of the following:

"(A) The estimated total number of aliens held at installations of the Department of Defense, disaggregated by location, over the period covered by the report.

"(B) The total cost that could be incurred by the Department of Defense of detention of aliens at installations of the Department of Defense, regardless of location, during the period covered by the report.

"(2) Alien defined.-In this section, the term 'alien' has the meaning given that term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)."

Support for Non-Federal Development and Testing of Material for Chemical Agent Defense

Pub. L. 110–181, div. A, title X, §1034, Jan. 28, 2008, 122 Stat. 308 , as amended by Pub. L. 114–328, div. A, title X, §1043, Dec. 23, 2016, 130 Stat. 2393 ; Pub. L. 115–232, div. A, title VIII, §813(b)(2), Aug. 13, 2018, 132 Stat. 1851 , provided that:

"(a) Authority to Provide Toxic Chemicals or Precursors.-

"(1) In general.-The Secretary of Defense, in coordination with the heads of other elements of the Federal Government, may make available, to a State, a unit of local government, or a private entity incorporated in the United States, small quantities of a toxic chemical or precursor for the development or testing, in the United States, of material that is designed to be used for protective purposes.

"(2) Terms and conditions.-Any use of the authority under paragraph (1) shall be subject to such terms and conditions as the Secretary considers appropriate.

"(b) Payment of Costs and Disposition of Funds.-

"(1) In general.-The Secretary shall ensure, through the advance payment required by paragraph (2) and through any other payments that may be required, that a recipient of toxic chemicals or precursors under subsection (a) pays for all actual costs, including direct and indirect costs, associated with providing the toxic chemicals or precursors.

"(2) Advance payment.-In carrying out paragraph (1), the Secretary shall require each recipient to make an advance payment in an amount that the Secretary determines will equal all such actual costs.

"(3) Credits.-A payment received under this subsection shall be credited to the account that was used to cover the costs for which the payment was provided. Amounts so credited shall be merged with amounts in that account, and shall be available for the same purposes, and subject to the same conditions and limitations, as other amounts in that account.

"(c) Chemical Weapons Convention.-The Secretary shall ensure that toxic chemicals and precursors are made available under this section for uses and in quantities that comply with the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, signed at Paris on January 13, 1993, and entered into force with respect to the United States on April 29, 1997.

"(d) Definitions.-In this section:

"(1) The terms 'precursor', 'protective purposes', and 'toxic chemical' have the meanings given those terms in the convention referred to in subsection (c), in paragraph 2, paragraph 9(b), and paragraph 1, respectively, of article II of that convention.

"(2) The term 'biological select agent or toxin' means any agent or toxin identified under any of the following:

"(A) Section 331.3 of title 7, Code of Federal Regulations.

"(B) Section 121.3 or section 121.4 of title 9, Code of Federal Regulations.

"(C) Section 73.3 or section 73.4 of title 42, Code of Federal Regulations."