10-U.S.C.-377

10-U.S.C.-377

§377 – Reimbursement

Pathway

Title 10 > Subtitle A > Part I > Chapter 18 > Section 377

Details

  • Reference: Section 377
  • Legend: §377 – Reimbursement
  • USCode Year: 2013

Provision Content

(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.

(Added Pub. L. 97–86, title IX, §905(a)(1), Dec. 1, 1981, 95 Stat. 1116; amended Pub. L. 100–456, div. A, title XI, §1104(a), Sept. 29, 1988, 102 Stat. 2045; Pub. L. 110–181, div. A, title X, §1061, Jan. 28, 2008, 122 Stat. 319.)

Amendments

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.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-372 in the Legal Encyclopedia: General Military Law

In this entry about 10-U.S.C.-372, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.

10-U.S.C.-334 in the Legal Encyclopedia: Military Organization

In this entry about 10-U.S.C.-334, find legal reference material, bibliographies and premiere content related to military organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States military organization-specific issues, written by authorities in the field.

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