Title 10Armed ForcesRelease 119-73

§281 Procurement of equipment by State and local governments through the Department of Defense: equipment for counter-drug, homeland security, and emergency response activities

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART I— - ORGANIZATION AND GENERAL MILITARY POWERS › Chapter CHAPTER 15— - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES › § 281

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense must make rules so states and local governments can buy certain counter‑drug, homeland security, and emergency response equipment through the Department of Defense. A state that wants gear must send a request and pay up front an amount the Secretary sets to cover the items and the Department’s administrative costs. Requests can only ask for items listed in a catalog the General Services Administration and the DoD keep. The state must list what local governments want, may have the governor run the process, and must arrange and pay to ship the equipment. The DoD will work with the GSA and other agencies to avoid duplicating efforts and will require repayment for its administrative costs. Key terms: State — includes DC, Puerto Rico, the Northern Mariana Islands, and U.S. territories and possessions. Unit of local government — means cities, counties, towns, tribes that do law enforcement or emergency work (as the Interior Secretary decides), and certain DC or federal agencies working in DC or the Trust Territory of the Pacific Islands. Equipment — defined by DoD rules; it can only include items the DoD itself buys, and homeland security items must be on DHS’s approved equipment list.

Full Legal Text

Title 10, §281

Armed Forces — Source: USLM XML via OLRC

(a)(1)The Secretary of Defense shall establish procedures in accordance with this subsection under which States and units of local government may purchase equipment suitable for counter-drug, homeland security, and emergency response 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, homeland security, or emergency response 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 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 equipment shall consist of an enumeration of the 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 equipment from units of local government within the State.
(D)A State requesting 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)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)The Administrator of General Services, in coordination with the Secretary of Defense, shall produce and maintain a catalog of equipment suitable for counter-drug, homeland security, and emergency response activities for purchase by States and units of local government under the procedures established by the Secretary under this section.
(d)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 or emergency response 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 or emergency response functions in and for the District of Columbia or the Trust Territory of the Pacific Islands.
(3)The term “equipment suitable for counter-drug, homeland security, and emergency response 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 and, in the case of equipment for homeland security activities, may not include any equipment that is not found on the Authorized Equipment List published by the Department of Homeland Security.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 281, added Pub. L. 86–559, § 1(2)(C), June 30, 1960, 74 Stat. 264; amended Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, provided that certain references in this title to the adjutant general or assistant adjutant general of the National Guard of a jurisdiction be applied to another officer of the National Guard performing the duties of that office, 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 10214 of this title.

Amendments

2016—Pub. L. 114–328 renumbered section 381 of this title as this section. 2008—Pub. L. 110–417, § 885(b)(1), substituted “Procurement of equipment by State and local governments through the Department of Defense: equipment for counter-drug, homeland security, and emergency response activities” for “Procurement by State and local governments of law

Enforcement

equipment suitable for counter-drug activities through the Department of Defense” in section catchline. Subsec. (a)(1). Pub. L. 110–417, § 885(a)(1), in introductory provisions, struck out “law

Enforcement

” before “equipment” and inserted “, homeland security, and emergency response” after “counter-drug”, in subpar. (A), inserted “, homeland security, or emergency response” after “counter-drug” in introductory provisions and struck out “law

Enforcement

” before “equipment” in cl. (i), in subpar. (C) struck out “law

Enforcement

” before “equipment” wherever appearing, and in subpar. (D) struck out “law

Enforcement

” before “equipment shall”. Subsec. (c). Pub. L. 110–417, § 885(a)(2), struck out “law

Enforcement

” before “equipment” and inserted “, homeland security, and emergency response” after “counter-drug”. Subsec. (d)(2), (3). Pub. L. 110–417, § 885(a)(3), in par. (2) inserted “or emergency response” after “law

Enforcement

” in two places and in par. (3) struck out “law

Enforcement

” before “equipment suitable” and inserted “, homeland security, and emergency response” after “counter-drug” and “and, in the case of equipment for homeland security activities, may not include any equipment that is not found on the Authorized Equipment List published by the Department of Homeland Security” before period at end.

Statutory Notes and Related Subsidiaries

Deadline for Establishing Procedures Pub. L. 103–160, div. A, title XI, § 1122(b), Nov. 30, 1993, 107 Stat. 1755, directed the Secretary of Defense to establish procedures under subsec. (a) of this section not later than six months after Nov. 30, 1993.

Executive Documents

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 281

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73