10 U.S.C. § 381 : US Code - Section 381: Procurement by State and local governments of law enforcement equipment suitable for counter-drug activities through the Department of Defense

Search 10 U.S.C. § 381 : US Code - Section 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.