§277 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense must make agencies repay the DoD for support when section 1535 of title 31 (the Economy Act) or another law requires it. This includes civilian law enforcement and federal agencies when National Guard members on duty under section 502(f) of title 32 give law enforcement help or support for a national special security event, even if other laws say otherwise. Money repaid can go back to the fund that paid for the support or to a reimbursement account, at the Secretary’s choice. The Secretary can waive repayment if the help was part of normal military training or operations or gave the DoD or Guard a similar benefit to training.

Title 10, §277

Armed Forces — Source: USLM XML via OLRC

(a)Subject to subsection (c), to the extent otherwise required by section 1535 of title 31 (popularly known as the “Economy Act”) or other applicable law, the Secretary of Defense shall require a civilian law enforcement agency to which support is provided under this chapter to reimburse the Department of Defense for that support.

(b)(1)Subject to subsection (c), the Secretary of Defense shall require a Federal agency to which law enforcement support or support to a national special security event is provided by National Guard personnel performing duty under section 502(f) of title 32 to reimburse the Department 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 received by the Department of Defense under this subsection as reimbursement for support provided by personnel of the National Guard shall be credited, at the election of the Secretary of Defense, to the following:

(A)The appropriation, fund, or account used to fund the support.

(B)The appropriation, fund, or account currently available for reimbursement purposes.

(c)An agency to which support is provided under this chapter or section 502(f) of title 32 is not required to reimburse the Department 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 of Defense or personnel of the National Guard providing the support that is substantially equivalent to that which would otherwise be obtained from military operations or training.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 277, act Aug. 10, 1956, ch. 1041, 70A Stat. 14, prohibited discrimination in administering laws applicable to both Regulars and Reserves, 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 10209 of this title.

Amendments

2016—Pub. L. 114–328 renumbered section 377 of this title as this section. 2008—Subsec. (a). Pub. L. 110–181, § 1061(1), substituted “Subject to subsection (c), to the extent” for “To the extent”. Subsecs. (b), (c). Pub. L. 110–181, § 1061(2), added subsecs. (b) and (c) and struck out former subsec. (b) which read as follows: “An agency to which support is provided under this chapter is not required to reimburse the Department of Defense for such support 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 of Defense providing the support that is substantially equivalent to that which would otherwise be obtained from military operations or training.” 1988—Pub. L. 100–456 amended section generally. Prior to amendment, section read as follows: “The Secretary of Defense shall issue

Regulations

providing that reimbursement may be a condition of assistance to a civilian law

Enforcement

official under this chapter.”

§277 Reimbursement