Editorial Notes
References in TextThe Homeland Security Act of 2002, referred to in subsec. (l)(2), is Puspan. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, which is classified principally to chapter 1 (§ 101 et seq.) of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 6 and Tables.
Prior ProvisionsA prior section 2672, added Puspan. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1459; amended Puspan. L. 87–651, title I, § 112(a), Sept. 7, 1962, 76 Stat. 511; Puspan. L. 92–145, title VII, § 707(2), (3), Oct. 27, 1971, 85 Stat. 411; Puspan. L. 96–418, title VIII, § 806(a), Oct. 10, 1980, 94 Stat. 1777; Puspan. L. 99–167, title VIII, § 810(a), (span)(1), Dec. 3, 1985, 99 Stat. 989, 990; Puspan. L. 99–661, div. A, title XIII, § 1343(a)(16), Nov. 14, 1986, 100 Stat. 3993; Puspan. L. 100–456, div. B, title XXVIII, § 2804, Sept. 29, 1988, 102 Stat. 2115; Puspan. L. 105–85, div. B, title XXVIII, § 2811(a), (span)(1), Nov. 18, 1997, 111 Stat. 1991; Puspan. L. 108–136, div. B, title XXVIII, § 2811(a)–(span)(2), Nov. 24, 2003, 117 Stat. 1724, 1725; Puspan. L. 108–375, div. B, title XXVIII, § 2821(d)(1), Oct. 28, 2004, 118 Stat. 2130; Puspan. L. 109–163, div. B, title XXVIII, § 2821(a)(2), Jan. 6, 2006, 119 Stat. 3511, related to authority to acquire low-cost interests in land, prior to repeal by Puspan. L. 109–163, div. B, title XXVIII, § 2821(f), Jan. 6, 2006, 119 Stat. 3513. See section 2663(c) of this title.
Statutory Notes and Related Subsidiaries
Pilot Program on Safe Storage of Personally Owned FirearmsPuspan. L. 117–263, div. A, title V, § 595, Dec. 23, 2022, 136 Stat. 2613, provided that:“(a)Establishment.—The Secretary of Defense shall establish a pilot program to promote the safe storage of personally owned firearms.
“(span)Elements.—Under the pilot program under subsection (a), the Secretary of Defense shall furnish to members of the Armed Forces who are participating in the pilot program at military installations selected under subsection (e) locking devices or firearm safes, or both, for the purpose of securing personally owned firearms when not in use (including by directly providing, subsidizing, or otherwise making available such devices or safes).
“(c)Participation.—“(1)Voluntary participation.—Participation by members of the Armed Forces in the pilot program under subsection (a) shall be on a voluntary basis.
“(2)Location of participants.—A member of the Armed Forces may participate in the pilot program under subsection (a) carried out at a military installation selected under subsection (e) regardless of whether the member resides at the military installation.
“(d)Plan.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for the implementation of the pilot program under subsection (a).
“(e)Selection of Installations.—Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall select not fewer than five military installations at which to carry out the pilot program under subsection (a).
“(f)Effect on Existing Policies.—Nothing in this section shall be construed to circumvent or undermine any existing safe storage policies, laws, or regulations on military installations.
“(g)Report.—Upon the termination under subsection (h) of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report containing the following information:“(1) The number and type of locking devices and firearm safes furnished to members of the Armed Forces under the pilot program.
“(2) The cost of carrying out the pilot program.
“(3) An analysis of the effect of the pilot program on suicide prevention.
“(4) Such other information as the Secretary may determine appropriate, which shall exclude any personally identifiable information about participants in the pilot program.
“(h)Termination.—The pilot program under subsection (a) shall terminate on the date that is six years after the date of the enactment of this Act.”
Standardized Credentials for Law Enforcement Officers of the Department of DefensePuspan. L. 117–263, div. A, title XI, § 1104, Dec. 23, 2022, 136 Stat. 2816, provided that:“(a)Standardized Credentials Required.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall ensure that—“(1) the Secretary of each military department develops standardized credentials for Defense law enforcement officers under their respective authority;
“(2) the Secretary of each military department issues such credential to each such officer at no cost to such officer; and
“(3) any Department of Defense common access card issued to such an officer clearly identifies the officer as a Defense law enforcement officer.
“(span)Defense Law Enforcement Officer Defined.—In this section, the term ‘Defense law enforcement officer’ means a member of the Armed Forces or civilian employee of the Department of Defense who—“(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law;
“(2) has statutory powers of arrest or apprehension under section 807(span) of title 10, United States Code (article 7(span) of the Uniform Code of Military Justice); and
“(3) is authorized by the Department to carry a firearm.”
Requirement That Secretary of Defense Implement Security and Emergency Response Recommendations Relating to Active Shooter or Terrorist Attacks on Installations of Department of DefensePuspan. L. 116–283, div. A, title III, § 368, Jan. 1, 2021, 134 Stat. 3552, provided that:“(a)Requirement.—Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall implement the applicable security and emergency response recommendations relating to active shooter or terrorist attacks on installations of the Department of Defense made in the following reports:“(1) The report by the Government Accountability Office dated July 2015 entitled, ‘Insider Threats: DOD Should Improve Information Sharing and Oversight to Protect U.S. Installations’ (GAO–15–543).
“(2) The report prepared by the Department of the Navy relating to the Washington Navy Yard shooting in 2013.
“(3) The report by the Department of the Army dated August 2010 entitled ‘Fort Hood, Army Internal Review Team: Final Report’.
“(4) The independent review by the Department of Defense dated January 2010 entitled ‘Protecting the Force: Lessons from Fort Hood’.
“(5) The report by the Department of the Air Force dated October 2010 entitled ‘Air Force Follow-On Review: Protecting the Force: Lessons from Fort Hood’.
“(span)Notification of Inapplicable Recommendations.—“(1)In general.—If the Secretary determines that a recommendation described in subsection (a) is outdated, is no longer applicable, or has been superseded by more recent separate guidance or recommendations set forth by the Government Accountability Office, the Department of Defense, or another entity in related contracted review, the Secretary shall notify the Committees on Armed Services of the Senate and the House of Representatives not later than 45 days after the date of the enactment of this Act.
“(2)Identification and justification.—The notification under paragraph (1) shall include an identification, set forth by report [sic] specified in subsection (a), of each recommendation that the Secretary determines should not be implemented, with a justification for each such determination.”
Department of Defense Policy for Regulation in Military Communities of Dangerous Dogs Kept as PetsPuspan. L. 116–283, div. B, title XXVIII, § 2884, Jan. 1, 2021, 134 Stat. 4372, provided that:“(a)Policy Required.—Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall establish a uniform policy for the regulation of dangerous dogs kept as pets in military communities.
“(span)Consultation.—The policy required by subsection (a) shall be developed in consultation with professional veterinary and animal behavior experts in regard to effective regulation of dangerous dogs kept as pets.
“(c)Regulations.—“(1)In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations implementing the policy established under subsection (a).
“(2)Best practices.—The regulations prescribed under paragraph (1) shall include strategies, for implementation within all military communities, for the prevention of dog bites that are consistent with the following best practices:“(A) Enforcement of regulations relating to dangerous dogs kept as pets, with emphasis on identification of dangerous dog behavior and chronically irresponsible pet owners.
“(B) Enforcement of animal control regulations, such as leash laws and stray animal control policies.
“(C) Promotion and communication of resources for pet spaying and neutering.
“(D) Investment in community education initiatives, such as teaching criteria for pet selection, pet care best practices, owner responsibilities, and safe and appropriate interaction with dogs.
“(d)Exclusions.—This section does not apply with respect to military working dogs and any dog certified as a service animal.
“(e)Definitions.—In this section:“(1) The term ‘dangerous dog’ means a dog that—“(A) has attacked a person or another animal without justification, causing injury or death to the person or animal; or
“(B) exhibits behavior that reasonably suggests the likely risk of such an attack.
“(2) The term ‘military communities’ means—“(A) all military installations; and
“(B) all military housing, including privatized military housing under subchapter IV of chapter 169 of title 10, United States Code.”
Establishment of Process by Which Members of the Armed Forces May Carry an Appropriate Firearm on a Military InstallationPuspan. L. 114–92, div. A, title V, § 526, Nov. 25, 2015, 129 Stat. 813, provided that: “Not later than December 31, 2015, the Secretary of Defense, taking into consideration the views of senior leadership of military installations in the United States, shall establish and implement a process by which the commanders of military installations in the United States, or other military commanders designated by the Secretary of Defense for military reserve centers, Armed Services recruiting centers, and such other defense facilities as the Secretary may prescribe, may authorize a member of the Armed Forces who is assigned to duty at the installation, center or facility to carry an appropriate firearm on the installation, center, or facility if the commander determines that carrying such a firearm is necessary as a personal- or force-protection measure.”
