
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC381]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
   CHAPTER 18--MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
 
Sec. 381. Procurement by State and local governments of law 
        enforcement equipment suitable for counter-drug activities 
        through the Department of Defense
        
    (a) Procedures.--(1) The Secretary of Defense shall establish 
procedures in accordance with this subsection under which States and 
units of local government may purchase law enforcement equipment 
suitable for counter-drug activities through the Department of Defense. 
The procedures shall require the following:
        (A) Each State desiring to participate in a procurement of 
    equipment suitable for counter-drug activities through the 
    Department of Defense shall submit to the Department, in such form 
    and manner and at such times as the Secretary prescribes, the 
    following:
            (i) A request for law enforcement equipment.
            (ii) Advance payment for such equipment, in an amount 
        determined by the Secretary based on estimated or actual costs 
        of the equipment and administrative costs incurred by the 
        Department.

        (B) A State may include in a request submitted under 
    subparagraph (A) only the type of equipment listed in the catalog 
    produced under subsection (c).
        (C) A request for law enforcement equipment shall consist of an 
    enumeration of the law enforcement equipment that is desired by the 
    State and units of local government within the State. The Governor 
    of a State may establish such procedures as the Governor considers 
    appropriate for administering and coordinating requests for law 
    enforcement equipment from units of local government within the 
    State.
        (D) A State requesting law enforcement equipment shall be 
    responsible for arranging and paying for shipment of the equipment 
    to the State and localities within the State.

    (2) In establishing the procedures, the Secretary of Defense shall 
coordinate with the General Services Administration and other Federal 
agencies for purposes of avoiding duplication of effort.
    (b) Reimbursement of Administrative Costs.--In the case of any 
purchase made by a State or unit of local government under the 
procedures established under subsection (a), the Secretary of Defense 
shall require the State or unit of local government to reimburse the 
Department of Defense for the administrative costs to the Department of 
such purchase.
    (c) GSA Catalog.--The Administrator of General Services, in 
coordination with the Secretary of Defense, shall produce and maintain a 
catalog of law enforcement equipment suitable for counter-drug 
activities for purchase by States and units of local government under 
the procedures established by the Secretary under this section.
    (d) Definitions.--In this section:
        (1) The term ``State'' includes the District of Columbia, the 
    Commonwealth of Puerto Rico, the Commonwealth of the Northern 
    Mariana Islands, and any territory or possession of the United 
    States.
        (2) The term ``unit of local government'' means any city, 
    county, township, town, borough, parish, village, or other general 
    purpose political subdivision of a State; an Indian tribe which 
    performs law enforcement functions as determined by the Secretary of 
    the Interior; or any agency of the District of Columbia government 
    or the United States Government performing law enforcement functions 
    in and for the District of Columbia or the Trust Territory of the 
    Pacific Islands.
        (3) The term ``law enforcement equipment suitable for counter-
    drug activities'' has the meaning given such term in regulations 
    prescribed by the Secretary of Defense. In prescribing the meaning 
    of the term, the Secretary may not include any equipment that the 
    Department of Defense does not procure for its own purposes.

(Added Pub. L. 103-160, div. A, title XI, Sec. 1122(a)(1), Nov. 30, 
1993, 107 Stat. 1754.)

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.


                  Deadline for Establishing Procedures

    Section 1122(b) of Pub. L. 103-160 provided that: ``The Secretary of 
Defense shall establish procedures under section 381(a) of title 10, 
United States Code, as added by subsection (a), not later than six 
months after the date of the enactment of this Act [Nov. 30, 1993].''
