10 U.S.C. § 280

Enhancement of cooperation with civilian law enforcement officials

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(a) The Secretary of Defense, in cooperation with the Attorney General, shall conduct an annual briefing of law enforcement personnel of each State (including law enforcement personnel of the political subdivisions of each State) regarding information, training, technical support, and equipment and facilities available to civilian law enforcement personnel from the Department of Defense.(b) Each briefing conducted under subsection (a) shall include the following:(1) An explanation of the procedures for civilian law enforcement officials—(A) to obtain information, equipment, training, expert advice, and other personnel support under this chapter; and(B) to obtain surplus military equipment.(2) A description of the types of information, equipment and facilities, and training and advice available to civilian law enforcement officials from the Department of Defense.(3) A current, comprehensive list of military equipment which is suitable for law enforcement officials from the Department of Defense or available as surplus property from the Administrator of General Services.(c) The Attorney General and the Administrator of General Services shall—(1) establish or designate an appropriate office or offices to maintain the list described in subsection (b)(3) and to furnish information to civilian law enforcement officials on the availability of surplus military equipment; and(2) make available to civilian law enforcement personnel nationwide, tollfree telephone communication with such office or offices.(Added Pub. L. 100–180, div. A, title XII, § 1243(a), Dec. 4, 1987, 101 Stat. 1163, § 380; amended Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2046; renumbered § 280, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)Editorial NotesPrior Provisions

A prior section 280, acts Aug. 10, 1956, ch. 1041, 70A Stat. 14; Sept. 2, 1958, Pub. L. 85–861, § 33(a)(2), 72 Stat. 1564; Sept. 7, 1962, Pub. L. 87–651, title I, § 101, 76 Stat. 506; Sept. 11, 1967, Pub. L. 90–83, § 3(1), 81 Stat. 220; Aug. 17, 1977, Pub. L. 95–105, title V, § 509(d)(3), 91 Stat. 860; Dec. 12, 1980, Pub. L. 96–513, title V, §§ 501(5), 511(10), 94 Stat. 2907, 2920; Oct. 19, 1984, Pub. L. 98–525, title XIV, § 1405(8), 98 Stat. 2622; Dec. 5, 1991, Pub. L. 102–190, div. A, title X, § 1061(a)(3), 105 Stat. 1472, authorized Secretary of each military department and Secretary of Transportation to prescribe regulations, 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 10202 of this title.

Amendments

2016—Pub. L. 114–328 renumbered section 380 of this title as this section.

1988—Pub. L. 100–456 amended section generally, substituting provisions relating to annual briefing of law enforcement personnel of each State by Secretary of Defense and Attorney General and establishment of offices and telephone communication with those offices regarding surplus military equipment for provisions requiring the Secretary to report to Congress on the availability of assistance, etc., to civilian law enforcement and drug interdiction agencies and to convene a conference and requiring the Comptroller General to monitor and report on the Secretary’s compliance with those requirements.

Notes of Decisions

Cited in 8 cases, 1962–2009 · leading case: In Re Sealed Case, 551 F.3d 1047 (D.C. Cir. 2009).

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In Re Sealed Case, 551 F.3d 1047 (D.C. Cir. 2009). · cites it 2× “§ 275 , and promulgated by authority of the Secretaries of the Army and the Air Force under 10 U.S.C. § 280 . Therefore, the records are Army or Air Force records and subject to the provisions of the Privacy Act.”

Winters v. United States, 281 F. Supp. 289 (E.D.N.Y 1968). “§ 270 (a) and the language of 10 U.S.C. § 280 to assure the validity of the 90% requirement in effect before March 15 of 1967.”

Jones v. Watkins, 422 F. Supp. 1268 (N.D. Ga. 1976). · cites it 2× “See 10 U.S.C. § 280 . In a similar vein, the heads of executive departments or military departments may prescribe regulations for the government of the department and the conduct of its business.”

United States v. Brown, 12 C.M.A. 693 (1962). “10 USC § 280 . All the services, not just the Navy, provide that an order releasing a person serving an enlistment under the Training and Service Act takes effect at midnight on the last day of active service.”

United States v. Woods, 21 M.J. 826 (1986). “§ 3012 (g) (1982); see also 10 U.S.C. § 280 (1982); 5 U.S.C. § 301 (1982), to enable them to carry out their “functions, powers and duties” under Title 10, United States Code.”

Charles M. Corwin v. John F. Lehman, Jr., Sec'y of the Navy, 724 F.2d 1577 (Fed. Cir. 1984). · cites it 2× “The complaint alleged that, as applied to the appellants, the age-in-grade regulation violated 10 U.S.C. § 280 (1982) because it was inconsistent with standards and policies of the Secretary of Defense prohibiting age discrimination and because it violated the statutory…”

United States ex rel. Goldstein v. McNamara, 270 F. Supp. 892 (E.D. Pa. 1967). “They are apparently promulgated pursuant to 10 U.S.C. § 280 , by the Department of the Army.”

Stenstrom v. Smith, 534 So. 2d 234 (Ala. 1988). “) While the Alabama Constitution states that the Department of Defense regulations shall dictate the qualifications for the adjutant general, we note that 10 U.S.C. § 280 authorizes the Secretary of each military department to issue any regulations necessary to implement…”

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