Reading Room Document

Reimbursement for Defense Department Assistance to Civilian Law Enforcement Officials

The Department of Defense Authorization Act of 1982 authorizes the Secretary of Defense to seek reimbursement from civilian law enforcement agencies to whom the Department provides various forms of assistance, and the Secretary of Defense may condition his Department's provision of assistance on such reimbursement. However, the Act also gives the Secretary discretion to waive a requirement of reimbursement for assistance provided under its authority. The Economy Act, 31 U.S.C. § 686 (1976), provides general authority for one agency to request assistance from another agency for an activity or operation that the requesting agency has authority to perform, and a performing agency should seek reimbursement for the actual cost of services provided under that Act. However, where there is specific authonty for one agency to assist another, the provisions of the Economy Act do not apply. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23106/download.

July 24, 1982