-CITE-
10 USC CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW
ENFORCEMENT AGENCIES 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
-HEAD-
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
-MISC1-
Sec.
371. Use of information collected during military
operations.
372. Use of military equipment and facilities.
373. Training and advising civilian law enforcement
officials.
374. Maintenance and operation of equipment.
375. Restriction on direct participation by military
personnel.
376. Support not to affect adversely military preparedness.
377. Reimbursement.
378. Nonpreemption of other law.
379. Assignment of Coast Guard personnel to naval vessels
for law enforcement purposes.
380. Enhancement of cooperation with civilian law
enforcement officials.
381. Procurement of equipment by State and local
governments through the Department of Defense:
equipment for counter-drug, homeland security, and
emergency response activities.
382. Emergency situations involving weapons of mass
destruction.
AMENDMENTS
2011 - Pub. L. 111-383, div. A, title X, Sec. 1075(b)(10)(C),
Jan. 7, 2011, 124 Stat. 4369, added item 382 and struck out former
item 382 "Emergency situations involving chemical or biological
weapons of mass destruction".
2008 - Pub. L. 110-417, [div. A], title VIII, Sec. 885(b)(2),
Oct. 14, 2008, 122 Stat. 4561, added item 381 and struck out former
item 381 "Procurement by State and local governments of law
enforcement equipment suitable for counter-drug activities through
the Department of Defense".
1996 - Pub. L. 104-201, div. A, title XIV, Sec. 1416(a)(2), Sept.
23, 1996, 110 Stat. 2723, added item 382.
1993 - Pub. L. 103-160, div. A, title XI, Sec. 1122(a)(2), Nov.
30, 1993, 107 Stat. 1755, added item 381.
1989 - Pub. L. 101-189, div. A, title XII, Sec. 1216(a), Nov. 29,
1989, 103 Stat. 1569, in chapter heading substituted "18" for "8".
1988 - Pub. L. 100-456, div. A, title XI, Sec. 1104(a), Sept. 29,
1988, 102 Stat. 2043, amended chapter analysis generally
substituting, in chapter heading "CHAPTER 8 - MILITARY SUPPORT FOR
CIVILIAN LAW ENFORCEMENT AGENCIES" for "CHAPTER 18 - MILITARY
COOPERATION WITH CIVILIAN LAW ENFORCEMENT OFFICIALS", in item 374
"Maintenance and operation of equipment" for "Assistance by
Department of Defense personnel", in item 376 "Support not to
affect adversely military preparedness" for "Assistance not to
affect adversely military preparedness" and in item 380
"Enhancement of cooperation with civilian law enforcement
officials" for "Department of Defense drug law enforcement
assistance: annual plan".
1987 - Pub. L. 100-180, div. A, title XII, Sec. 1243(b), Dec. 4,
1987, 101 Stat. 1164, added item 380.
1986 - Pub. L. 99-570, title III, Sec. 3053(b)(2), Oct. 27, 1986,
100 Stat. 3207-76, added item 379.
-End-
-CITE-
10 USC Sec. 371 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
-HEAD-
Sec. 371. Use of information collected during military operations
-STATUTE-
(a) The Secretary of Defense may, in accordance with other
applicable law, provide to Federal, State, or local civilian law
enforcement officials any information collected during the normal
course of military training or operations that may be relevant to a
violation of any Federal or State law within the jurisdiction of
such officials.
(b) The needs of civilian law enforcement officials for
information shall, to the maximum extent practicable, be taken into
account in the planning and execution of military training or
operations.
(c) The Secretary of Defense shall ensure, to the extent
consistent with national security, that intelligence information
held by the Department of Defense and relevant to drug interdiction
or other civilian law enforcement matters is provided promptly to
appropriate civilian law enforcement officials.
-SOURCE-
(Added Pub. L. 97-86, title IX, Sec. 905(a)(1), Dec. 1, 1981, 95
Stat. 1115; amended Pub. L. 100-456, div. A, title XI, Sec.
1104(a), Sept. 29, 1988, 102 Stat. 2043.)
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-456 amended section generally, designating
existing provisions as subsec. (a), inserting reference to military
training, and adding subsecs. (b) and (c).
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99-570, title III, Sec. 3051, Oct. 27, 1986, 100 Stat.
3207-74, provided that: "This subtitle [subtitle A (Secs. 3051-
3059) of title III of Pub. L. 99-570, enacting section 379 of this
title, amending sections 374 and 911 of this title, enacting
provisions set out as notes under sections 374, 525, and 9441 of
this title, and repealing provisions set out as a note under
section 89 of Title 14, Coast Guard] may be cited as the 'Defense
Drug Interdiction Assistance Act'."
AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW
ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES
Pub. L. 108-136, div. A, title X, Sec. 1022, Nov. 24, 2003, 117
Stat. 1594, as amended by Pub. L. 109-163, div. A, title X, Sec.
1022, Jan. 6, 2006, 119 Stat. 3427; Pub. L. 110-181, div. A, title
X, Sec. 1021, Jan. 28, 2008, 122 Stat. 304; Pub. L. 110-417, [div.
A], title X, Sec. 1022, Oct. 14, 2008, 122 Stat. 4586; Pub. L. 111-
84, div. A, title X, Sec. 1012, Oct. 28, 2009, 123 Stat. 2441;
Pub. L. 111-383, div. A, title X, Sec. 1012(a)-(b)(2), Jan. 7,
2011, 124 Stat. 4346, 4347; Pub. L. 112-81, div. A, title X, Sec.
1004(a), Dec. 31, 2011, 125 Stat. 1556, provided that:
"(a) Authority. - A joint task force of the Department of Defense
that provides support to law enforcement agencies conducting
counter-drug activities may also provide, subject to all applicable
laws and regulations, support to law enforcement agencies
conducting counter-terrorism activities.
"(b) Availability of Funds. - During fiscal years 2006 through
2012, funds available to a joint task force to support counter-drug
activities may also be used to provide the counter-terrorism
support authorized by subsection (a).
"(c) Annual Report. - Not later than December 31 of each year
after 2008 in which the authority in subsection (a) is in effect,
the Secretary of Defense shall submit to Congress a report setting
forth, for the one-year period ending on the date of such report,
the following:
"(1) An assessment of the effect on counter-drug and counter-
terrorism activities and objectives of using counter-drug funds
of a joint task force to provide counterterrorism support
authorized by subsection (a).
"(2) A description of the type of support and any recipient of
support provided under subsection (a).
"(3) A list of current joint task forces conducting counter-
drug operations.
"(4) A certification by the Secretary of Defense that any
support provided under subsection (a) during such one-year period
was provided in compliance with the requirements of subsection
(d).
"(d) Conditions. - (1) Any support provided under subsection (a)
may only be provided in the geographic area of responsibility of
the joint task force.
"(2)(A) Support for counter-terrorism activities provided under
subsection (a) may only be provided if the Secretary of Defense
determines that the objectives of using the counter-drug funds of
any joint task force to provide such support relate significantly
to the objectives of providing support for counter-drug activities
by that joint task force or any other joint task force.
"(B) The Secretary of Defense may waive the requirements of
subparagraph (A) if the Secretary determines that such a waiver is
vital to the national security interests of the United States. The
Secretary shall promptly submit to Congress notice in writing of
any waiver issued under this subparagraph.
"(C) The Secretary of Defense may delegate any responsibility of
the Secretary under subparagraph (B) to the Deputy Secretary of
Defense or to the Under Secretary of Defense for Policy. Except as
provided in the preceding sentence, such a responsibility may not
be delegated to any official of the Department of Defense or any
other official."
[Pub. L. 112-81, div. A, title X, Sec. 1004(b), Dec. 31, 2011,
125 Stat. 1556, provided that: "The authority in section 1022 of
the National Defense Authorization Act for Fiscal Year 2004 [Pub.
L. 108-136, set out above], as amended by subsection (a), may not
be exercised unless the Secretary of Defense certifies to Congress,
in writing, that the Department of Defense is in compliance with
the provisions of paragraph (2) of subsection (d) of such section,
as added by section 1012(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4346)."]
-End-
-CITE-
10 USC Sec. 372 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
-HEAD-
Sec. 372. Use of military equipment and facilities
-STATUTE-
(a) In General. - The Secretary of Defense may, in accordance
with other applicable law, make available any equipment (including
associated supplies or spare parts), base facility, or research
facility of the Department of Defense to any Federal, State, or
local civilian law enforcement official for law enforcement
purposes.
(b) Emergencies Involving Chemical and Biological Agents. - (1)
In addition to equipment and facilities described in subsection
(a), the Secretary may provide an item referred to in paragraph (2)
to a Federal, State, or local law enforcement or emergency response
agency to prepare for or respond to an emergency involving chemical
or biological agents if the Secretary determines that the item is
not reasonably available from another source. The requirement for a
determination that an item is not reasonably available from another
source does not apply to assistance provided under section 382 of
this title pursuant to a request of the Attorney General for the
assistance.
(2) An item referred to in paragraph (1) is any material or
expertise of the Department of Defense appropriate for use in
preparing for or responding to an emergency involving chemical or
biological agents, including the following:
(A) Training facilities.
(B) Sensors.
(C) Protective clothing.
(D) Antidotes.
-SOURCE-
(Added Pub. L. 97-86, title IX, Sec. 905(a)(1), Dec. 1, 1981, 95
Stat. 1115; amended Pub. L. 100-456, div. A, title XI, Sec.
1104(a), Sept. 29, 1988, 102 Stat. 2043; Pub. L. 104-106, div. A,
title III, Sec. 378, Feb. 10, 1996, 110 Stat. 284; Pub. L. 104-201,
div. A, title XIV, Sec. 1416(b), Sept. 23, 1996, 110 Stat. 2723.)
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-106 designated existing provisions as subsec.
(a), inserted heading, and added subsec. (b).
Subsec. (b)(1). Pub. L. 104-201 inserted at end "The requirement
for a determination that an item is not reasonably available from
another source does not apply to assistance provided under section
382 of this title pursuant to a request of the Attorney General for
the assistance."
1988 - Pub. L. 100-456 amended section generally, inserting
"(including associated supplies or spare parts)" and substituting
"Department of Defense" for "Army, Navy, Air Force, or Marine
Corps".
SUPPORT FOR NON-FEDERAL DEVELOPMENT AND TESTING OF MATERIAL FOR
CHEMICAL AGENT DEFENSE
Pub. L. 110-181, div. A, title X, Sec. 1034, Jan. 28, 2008, 122
Stat. 308, provided that:
"(a) Authority to Provide Toxic Chemicals or Precursors. -
"(1) In general. - The Secretary of Defense, in coordination
with the heads of other elements of the Federal Government, may
make available, to a State, a unit of local government, or a
private entity incorporated in the United States, small
quantities of a toxic chemical or precursor for the development
or testing, in the United States, of material that is designed to
be used for protective purposes.
"(2) Terms and conditions. - Any use of the authority under
paragraph (1) shall be subject to such terms and conditions as
the Secretary considers appropriate.
"(b) Payment of Costs and Disposition of Funds. -
"(1) In general. - The Secretary shall ensure, through the
advance payment required by paragraph (2) and through any other
payments that may be required, that a recipient of toxic
chemicals or precursors under subsection (a) pays for all actual
costs, including direct and indirect costs, associated with
providing the toxic chemicals or precursors.
"(2) Advance payment. - In carrying out paragraph (1), the
Secretary shall require each recipient to make an advance payment
in an amount that the Secretary determines will equal all such
actual costs.
"(3) Credits. - A payment received under this subsection shall
be credited to the account that was used to cover the costs for
which the payment was provided. Amounts so credited shall be
merged with amounts in that account, and shall be available for
the same purposes, and subject to the same conditions and
limitations, as other amounts in that account.
"(c) Chemical Weapons Convention. - The Secretary shall ensure
that toxic chemicals and precursors are made available under this
section for uses and in quantities that comply with the Convention
on the Prohibition of the Development, Production, Stockpiling and
Use of Chemical Weapons and on Their Destruction, signed at Paris
on January 13, 1993, and entered into force with respect to the
United States on April 29, 1997.
"(d) Report. -
"(1) Not later than March 15, 2008, and each year thereafter,
the Secretary shall submit to Congress a report on the use of the
authority under subsection (a) during the previous calendar year.
The report shall include a description of each use of the
authority and specify what material was made available and to
whom it was made available.
"(2) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
"(e) Definitions. - In this section, the terms 'precursor',
'protective purposes', and 'toxic chemical' have the meanings given
those terms in the convention referred to in subsection (c), in
paragraph 2, paragraph 9(b), and paragraph 1, respectively, of
article II of that convention."
TRANSFER OF EXCESS PERSONAL PROPERTY
Pub. L. 101-189, div. A, title XII, Sec. 1208, Nov. 29, 1989, 103
Stat. 1566, as amended by Pub. L. 102-484, div. A, title X, Sec.
1044, Oct. 23, 1992, 106 Stat. 2493, which authorized the Secretary
of Defense to transfer excess personal property of the Department
of Defense to Federal and State agencies, provided conditions for
transfer, and terminated the Secretary's authority on Sept. 30,
1997, was repealed and restated in section 2576a of this title by
Pub. L. 104-201, div. A, title X, Sec. 1033(a)(1), (b)(1), Sept.
23, 1996, 110 Stat. 2639, 2640.
-End-
-CITE-
10 USC Sec. 373 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
-HEAD-
Sec. 373. Training and advising civilian law enforcement officials
-STATUTE-
The Secretary of Defense may, in accordance with other applicable
law, make Department of Defense personnel available -
(1) to train Federal, State, and local civilian law enforcement
officials in the operation and maintenance of equipment,
including equipment made available under section 372 of this
title; and
(2) to provide such law enforcement officials with expert
advice relevant to the purposes of this chapter.
-SOURCE-
(Added Pub. L. 97-86, title IX, Sec. 905(a)(1), Dec. 1, 1981, 95
Stat. 1115; amended Pub. L. 99-145, title XIV, Sec. 1423(a), Nov.
8, 1985, 99 Stat. 752; Pub. L. 100-456, div. A, title XI, Sec.
1104(a), Sept. 29, 1988, 102 Stat. 2043.)
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-456 amended section generally, substituting
provisions authorizing Secretary of Defense, in accordance with
applicable law, to make Defense Department personnel available for
training, etc., for former subsecs. (a) to (c) authorizing
Secretary of Defense to assign members of Army, Navy, Air Force,
and Marine Corps, etc., for training, etc., briefing sessions by
Attorney General, and other functions of Attorney General and
Administrator of General Services.
1985 - Pub. L. 99-145 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
EFFECTIVE DATE OF 1985 AMENDMENT
Section 1423(b) of Pub. L. 99-145 provided that: "The amendments
made by subsection (a) [amending this section] shall take effect on
January 1, 1986."
-End-
-CITE-
10 USC Sec. 374 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
-HEAD-
Sec. 374. Maintenance and operation of equipment
-STATUTE-
(a) The Secretary of Defense may, in accordance with other
applicable law, make Department of Defense personnel available for
the maintenance of equipment for Federal, State, and local civilian
law enforcement officials, including equipment made available under
section 372 of this title.
(b)(1) Subject to paragraph (2) and in accordance with other
applicable law, the Secretary of Defense may, upon request from the
head of a Federal law enforcement agency, make Department of
Defense personnel available to operate equipment (including
equipment made available under section 372 of this title) with
respect to -
(A) a criminal violation of a provision of law specified in
paragraph (4)(A);
(B) assistance that such agency is authorized to furnish to a
State, local, or foreign government which is involved in the
enforcement of similar laws;
(C) a foreign or domestic counter-terrorism operation; or
(D) a rendition of a suspected terrorist from a foreign country
to the United States to stand trial.
(2) Department of Defense personnel made available to a civilian
law enforcement agency under this subsection may operate equipment
for the following purposes:
(A) Detection, monitoring, and communication of the movement of
air and sea traffic.
(B) Detection, monitoring, and communication of the movement of
surface traffic outside of the geographic boundary of the United
States and within the United States not to exceed 25 miles of the
boundary if the initial detection occurred outside of the
boundary.
(C) Aerial reconnaissance.
(D) Interception of vessels or aircraft detected outside the
land area of the United States for the purposes of communicating
with such vessels and aircraft to direct such vessels and
aircraft to go to a location designated by appropriate civilian
officials.
(E) Operation of equipment to facilitate communications in
connection with law enforcement programs specified in paragraph
(4)(A).
(F) Subject to joint approval by the Secretary of Defense and
the Attorney General (and the Secretary of State in the case of a
law enforcement operation outside of the land area of the United
States) -
(i) the transportation of civilian law enforcement personnel
along with any other civilian or military personnel who are
supporting, or conducting, a joint operation with civilian law
enforcement personnel;
(ii) the operation of a base of operations for civilian law
enforcement and supporting personnel; and
(iii) the transportation of suspected terrorists from foreign
countries to the United States for trial (so long as the
requesting Federal law enforcement agency provides all security
for such transportation and maintains custody over the suspect
through the duration of the transportation).
(3) Department of Defense personnel made available to operate
equipment for the purpose stated in paragraph (2)(D) may continue
to operate such equipment into the land area of the United States
in cases involving the pursuit of vessels or aircraft where the
detection began outside such land area.
(4) In this subsection:
(A) The term "Federal law enforcement agency" means a Federal
agency with jurisdiction to enforce any of the following:
(i) The Controlled Substances Act (21 U.S.C. 801 et seq.) or
the Controlled Substances Import and Export Act (21 U.S.C. 951
et seq.).
(ii) Any of sections 274 through 278 of the Immigration and
Nationality Act (8 U.S.C. 1324-1328).
(iii) A law relating to the arrival or departure of
merchandise (as defined in section 401 of the Tariff Act of
1930 (19 U.S.C. 1401) into or out of the customs territory of
the United States (as defined in general note 2 of the
Harmonized Tariff Schedule of the United States) or any other
territory or possession of the United States.
(iv) Chapter 705 of title 46.
(v) Any law, foreign or domestic, prohibiting terrorist
activities.
(B) The term "land area of the United States" includes the land
area of any territory, commonwealth, or possession of the United
States.
(c) The Secretary of Defense may, in accordance with other
applicable law, make Department of Defense personnel available to
any Federal, State, or local civilian law enforcement agency to
operate equipment for purposes other than described in subsection
(b)(2) only to the extent that such support does not involve direct
participation by such personnel in a civilian law enforcement
operation unless such direct participation is otherwise authorized
by law.
-SOURCE-
(Added Pub. L. 97-86, title IX, Sec. 905(a)(1), Dec. 1, 1981, 95
Stat. 1115; amended Pub. L. 98-525, title XIV, Sec. 1405(9), Oct.
19, 1984, 98 Stat. 2622; Pub. L. 99-570, title III, Sec. 3056, Oct.
27, 1986, 100 Stat. 3207-77; Pub. L. 99-661, div. A, title XIII,
Sec. 1373(c), Nov. 14, 1986, 100 Stat. 4007; Pub. L. 100-418, title
I, Sec. 1214(a)(1), Aug. 23, 1988, 102 Stat. 1155; Pub. L. 100-456,
div. A, title XI, Sec. 1104(a), Sept. 29, 1988, 102 Stat. 2043;
Pub. L. 101-189, div. A, title XII, Secs. 1210, 1216(b), (c), Nov.
29, 1989, 103 Stat. 1566, 1569; Pub. L. 102-484, div. A, title X,
Sec. 1042, Oct. 23, 1992, 106 Stat. 2492; Pub. L. 105-277, div. B,
title II, Sec. 201, Oct. 21, 1998, 112 Stat. 2681-567; Pub. L. 106-
65, div. A, title X, Sec. 1066(a)(4), Oct. 5, 1999, 113 Stat. 770;
Pub. L. 109-304, Sec. 17(a)(1), Oct. 6, 2006, 120 Stat. 1706.)
-REFTEXT-
REFERENCES IN TEXT
The Controlled Substances Act, referred to in subsec.
(b)(4)(A)(i), is title II of Pub. L. 91-513, Oct. 27, 1970, 84
Stat. 1242, as amended, which is classified principally to
subchapter I (Sec. 801 et seq.) of chapter 13 of Title 21, Food and
Drugs. For complete classification of this Act to the Code, see
Short Title note set out under section 801 of Title 21 and Tables.
The Controlled Substances Import and Export Act, referred to in
subsec. (b)(4)(A)(i), is title III of Pub. L. 91-513, Oct. 27,
1970, 84 Stat. 1285, as amended, which is classified principally to
subchapter II (Sec. 951 et seq.) of chapter 13 of Title 21. For
complete classification of the Act to the Code, see Short Title
note set out under section 951 of Title 21 and Tables.
The Harmonized Tariff Schedule of the United States, referred to
in subsec. (b)(4)(A)(iii), is not set out in the Code. See
Publication of Harmonized Tariff Schedule note set out under
section 1202 of Title 19, Customs Duties.
-MISC1-
AMENDMENTS
2006 - Subsec. (b)(4)(A)(iv). Pub. L. 109-304 substituted
"Chapter 705 of title 46" for "The Maritime Drug Law Enforcement
Act (46 U.S.C. App. 1901 et seq.)".
1999 - Subsec. (b)(1)(C), (D). Pub. L. 106-65, Sec.
1066(a)(4)(A), realigned margins.
Subsec. (b)(2)(F)(i). Pub. L. 106-65, Sec. 1066(a)(4)(B), struck
out semicolon after "law enforcement personnel;".
1998 - Subsec. (b)(1)(C), (D). Pub. L. 105-277, Sec. 201(1), (2),
added subpars. (C) and (D).
Subsec. (b)(2)(F)(i). Pub. L. 105-277, Sec. 201(3), inserted
"along with any other civilian or military personnel who are
supporting, or conducting, a joint operation with civilian law
enforcement personnel;" after "transportation of civilian law
enforcement personnel" and struck out "and" at end.
Subsec. (b)(2)(F)(ii). Pub. L. 105-277, Sec. 201(4)(A), inserted
"and supporting" before "personnel".
Subsec. (b)(2)(F)(iii). Pub. L. 105-277, Sec. 201(4)(B), (C),
added cl. (iii).
Subsec. (b)(4)(A). Pub. L. 105-277, Sec. 201(5), substituted "a
Federal agency" for "an agency" in introductory provisions.
Subsec. (b)(4)(A)(v). Pub. L. 105-277, Sec. 201(6), added cl.
(v).
1992 - Subsec. (b)(2)(B) to (F). Pub. L. 102-484, Sec. 1042(1),
added subpar. (B) and redesignated former subpars. (B) to (E) as
(C) to (F), respectively.
Subsec. (b)(3). Pub. L. 102-484, Sec. 1042(2), substituted
"paragraph (2)(D)" for "paragraph (2)(C)".
1989 - Subsec. (b)(2)(E). Pub. L. 101-189, Sec. 1210, substituted
"and the Attorney General (and the Secretary of State in the case
of a law enforcement operation outside of the land area of the
United States)" for ", the Attorney General, and the Secretary of
State, in connection with a law enforcement operation outside the
land area of the United States" in introductory provisions.
Subsec. (b)(4)(A)(iii). Pub. L. 101-189, Sec. 1216(b),
substituted "general note 2 of the Harmonized Tariff Schedule of
the United States" for "general headnote 2 of the Tariff Schedules
of the United States".
Subsec. (c). Pub. L. 101-189, Sec. 1216(c), substituted
"subsection (b)(2)" for "paragraph (2)".
1988 - Pub. L. 100-456 substituted "Maintenance and operation of
equipment" for "Assistance by Department of Defense personnel" in
section catchline, and amended text generally, revising and
restating former subsecs. (a) to (d) as subsecs. (a) to (c).
Subsec. (a)(3). Pub. L. 100-418, which directed substitution of
"general note 2 of the Harmonized Tariff Schedule of the United
States" for "general headnote 2 of the Tariff Schedules of the
United States", could not be executed because of intervening
general amendment by Pub. L. 100-456.
1986 - Subsec. (a). Pub. L. 99-570, Sec. 3056(a), inserted
provision at end relating to assistance that such agency is
authorized to furnish to any foreign government which is involved
in the enforcement of similar laws.
Subsec. (c). Pub. L. 99-570, Sec. 3056(b), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows:
"(1) In an emergency circumstance, equipment operated by or with
the assistance of personnel assigned under subsection (a) may be
used outside the land area of the United States (or any territory
or possession of the United States) as a base of operations by
Federal law enforcement officials to facilitate the enforcement of
a law listed in subsection (a) and to transport such law
enforcement officials in connection with such operations, if -
"(A) equipment operated by or with the assistance of personnel
assigned under subsection (a) is not used to interdict or to
interrupt the passage of vessels or aircraft; and
"(B) the Secretary of Defense and the Attorney General jointly
determine that an emergency circumstance exists.
"(2) For purposes of this subsection, an emergency circumstance
may be determined to exist only when -
"(A) the size or scope of the suspected criminal activity in a
given situation poses a serious threat to the interests of the
United States; and
"(B) enforcement of a law listed in subsection (a) would be
seriously impaired if the assistance described in this subsection
were not provided."
Subsec. (d). Pub. L. 99-661 added subsec. (d).
1984 - Subsec. (a)(3). Pub. L. 98-525 struck out "(19 U.S.C.
1202)" after "Tariff Schedules of the United States".
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and
applicable with respect to articles entered on or after such date,
see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective
Date note under section 3001 of Title 19, Customs Duties.
FUNDS FOR YOUNG MARINES PROGRAM
Pub. L. 110-116, div. A, title VIII, Sec. 8030, Nov. 13, 2007,
121 Stat. 1321, provided that: "Notwithstanding any other provision
of law, funds available during the current fiscal year and
hereafter for 'Drug Interdiction and Counter-Drug Activities,
Defense' may be obligated for the Young Marines program."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 109-289, div. A, title VIII, Sec. 8028, Sept. 29, 2006,
120 Stat. 1279.
Pub. L. 109-148, div. A, title VIII, Sec. 8033, Dec. 30, 2005,
119 Stat. 2705.
Pub. L. 108-287, title VIII, Sec. 8037, Aug. 5, 2004, 118 Stat.
978.
Pub. L. 108-87, title VIII, Sec. 8037, Sept. 30, 2003, 117 Stat.
1080.
Pub. L. 107-248, title VIII, Sec. 8037, Oct. 23, 2002, 116 Stat.
1544.
Pub. L. 107-117, div. A, title VIII, Sec. 8040, Jan. 10, 2002,
115 Stat. 2256.
Pub. L. 106-259, title VIII, Sec. 8040, Aug. 9, 2000, 114 Stat.
683.
Pub. L. 106-79, title VIII, Sec. 8043, Oct. 25, 1999, 113 Stat.
1240.
Pub. L. 105-262, title VIII, Sec. 8043, Oct. 17, 1998, 112 Stat.
2307.
Pub. L. 105-56, title VIII, Sec. 8047, Oct. 8, 1997, 111 Stat.
1231.
Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, Sec.
8048], Sept. 30, 1996, 110 Stat. 3009-71, 3009-99.
COUNTER-DRUG ACTIVITIES; CONDITIONS ON TRANSFERS OF FUNDS AND
DETAILING PERSONNEL; RELATIONSHIP TO OTHER LAW
Pub. L. 103-337, div. A, title X, Sec. 1011(b)-(d), Oct. 5, 1994,
108 Stat. 2836, provided that:
"(b) Condition on Transfer of Funds. - Funds appropriated for the
Department of Defense may not be transferred to a National Drug
Control Program agency account except to the extent provided in a
law that specifically states -
"(1) the amount authorized to be transferred;
"(2) the account from which such amount is authorized to be
transferred; and
"(3) the account to which such amount is authorized to be
transferred.
"(c) Condition on Detailing Personnel. - Personnel of the
Department of Defense may not be detailed to another department or
agency in order to implement the National Drug Control Strategy
unless the Secretary of Defense certifies to Congress that the
detail of such personnel is in the national security interest of
the United States.
"(d) Relationship to Other Law. - A provision of law may not be
construed as modifying or superseding the provisions of subsection
(b) or (c) unless that provision of law -
"(1) specifically refers to this section; and
"(2) specifically states that such provision of law modifies or
supersedes the provisions of subsection (b) or (c), as the case
may be."
Pub. L. 112-74, div. A, title VIII, Sec. 8045(a), Dec. 23, 2011,
125 Stat. 817, provided that: "None of the funds available to the
Department of Defense for any fiscal year for drug interdiction or
counter-drug activities may be transferred to any other department
or agency of the United States except as specifically provided in
an appropriations law."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 112-10, div. A, title VIII, Sec. 8045(a), Apr. 15, 2011,
125 Stat. 67.
Pub. L. 111-118, div. A, title VIII, Sec. 8047(a), Dec. 19, 2009,
123 Stat. 3439.
Pub. L. 110-329, div. C, title VIII, Sec. 8047(a), Sept. 30,
2008, 122 Stat. 3631.
Pub. L. 110-116, div. A, title VIII, Sec. 8048(a), Nov. 13, 2007,
121 Stat. 1325.
Pub. L. 109-289, div. A, title VIII, Sec. 8045(a), Sept. 29,
2006, 120 Stat. 1283.
Pub. L. 109-148, div. A, title VIII, Sec. 8052(a), Dec. 30, 2005,
119 Stat. 2709.
Pub. L. 108-287, title VIII, Sec. 8057(a), Aug. 5, 2004, 118
Stat. 983.
Pub. L. 108-87, title VIII, Sec. 8057(a), Sept. 30, 2003, 117
Stat. 1085.
Pub. L. 107-248, title VIII, Sec. 8058(a), Oct. 23, 2002, 116
Stat. 1549.
Pub. L. 107-117, div. A, title VIII, Sec. 8063(a), Jan. 10, 2002,
115 Stat. 2261.
Pub. L. 106-259, title VIII, Sec. 8062(a), Aug. 9, 2000, 114
Stat. 688.
Pub. L. 106-79, title VIII, Sec. 8065(a), Oct. 25, 1999, 113
Stat. 1244.
Pub. L. 105-262, title VIII, Sec. 8065(a), Oct. 17, 1998, 112
Stat. 2311.
Pub. L. 105-56, title VIII, Sec. 8071(a), Oct. 8, 1997, 111 Stat.
1235.
Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, Sec.
8080(a)], Sept. 30, 1996, 110 Stat. 3009-71, 3009-104.
Pub. L. 104-61, title VIII, Sec. 8096(a), Dec. 1, 1995, 109 Stat.
671.
Pub. L. 103-335, title VIII, Sec. 8154(a), Sept. 30, 1994, 108
Stat. 2658.
ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES
Pub. L. 101-510, div. A, title X, Sec. 1004, Nov. 5, 1990, 104
Stat. 1629, as amended by Pub. L. 102-190, div. A, title X, Sec.
1088(a), Dec. 5, 1991, 105 Stat. 1484; Pub. L. 102-484, div. A,
title X, Sec. 1041(a)-(d)(1), Oct. 23, 1992, 106 Stat. 2491; Pub.
L. 103-160, div. A, title XI, Sec. 1121(a), (b), Nov. 30, 1993, 107
Stat. 1753; Pub. L. 103-337, div. A, title X, Sec. 1011(a), Oct. 5,
1994, 108 Stat. 2836; Pub. L. 105-261, div. A, title X, Sec. 1021,
Oct. 17, 1998, 112 Stat. 2120; Pub. L. 107-107, div. A, title X,
Sec. 1021, Dec. 28, 2001, 115 Stat. 1212; Pub. L. 109-364, div. A,
title X, Sec. 1021, Oct. 17, 2006, 120 Stat. 2382; Pub. L. 111-383,
div. A, title X, Sec. 1015(a), Jan. 7, 2011, 124 Stat. 4347; Pub.
L. 112-81, div. A, title X, Sec. 1005, Dec. 31, 2011, 125 Stat.
1556, provided that:
"(a) Support to Other Agencies. - During fiscal years 2012
through 2014, the Secretary of Defense may provide support for the
counter-drug activities of any other department or agency of the
Federal Government or of any State, local, tribal, or foreign law
enforcement agency for any of the purposes set forth in subsection
(b) if such support is requested -
"(1) by the official who has responsibility for the counter-
drug activities of the department or agency of the Federal
Government, in the case of support for other departments or
agencies of the Federal Government;
"(2) by the appropriate official of a State, local, or tribal
government, in the case of support for State, local, or tribal
law enforcement agencies; or
"(3) by an appropriate official of a department or agency of
the Federal Government that has counter-drug responsibilities, in
the case of support for foreign law enforcement agencies.
"(b) Types of Support. - The purposes for which the Secretary of
Defense may provide support under subsection (a) are the following:
"(1) The maintenance and repair of equipment that has been made
available to any department or agency of the Federal Government
or to any State, local, or tribal government by the Department of
Defense for the purposes of -
"(A) preserving the potential future utility of such
equipment for the Department of Defense; and
"(B) upgrading such equipment to ensure compatibility of that
equipment with other equipment used by the Department of
Defense.
"(2) The maintenance, repair, or upgrading of equipment
(including computer software), other than equipment referred to
in paragraph (1) for the purpose of -
"(A) ensuring that the equipment being maintained or repaired
is compatible with equipment used by the Department of Defense;
and
"(B) upgrading such equipment to ensure the compatibility of
that equipment with equipment used by the Department of
Defense.
"(3) The transportation of personnel of the United States and
foreign countries (including per diem expenses associated with
such transportation), and the transportation of supplies and
equipment, for the purpose of facilitating counter-drug
activities within or outside the United States.
"(4) The establishment (including an unspecified minor military
construction project) and operation of bases of operations or
training facilities for the purpose of facilitating counter-drug
activities of the Department of Defense or any Federal, State,
local, or tribal law enforcement agency within or outside the
United States or for the purpose of facilitating counter-drug
activities of a foreign law enforcement agency outside the United
States.
"(5) Counter-drug related training of law enforcement personnel
of the Federal Government, of State, local, and tribal
governments, and of foreign countries, including associated
support expenses for trainees and the provision of materials
necessary to carry out such training.
"(6) The detection, monitoring, and communication of the
movement of -
"(A) air and sea traffic within 25 miles of and outside the
geographic boundaries of the United States; and
"(B) surface traffic outside the geographic boundary of the
United States and within the United States not to exceed 25
miles of the boundary if the initial detection occurred outside
of the boundary.
"(7) Construction of roads and fences and installation of
lighting to block drug smuggling corridors across international
boundaries of the United States.
"(8) Establishment of command, control, communications, and
computer networks for improved integration of law enforcement,
active military, and National Guard activities.
"(9) The provision of linguist and intelligence analysis
services.
"(10) Aerial and ground reconnaissance.
"(c) Limitation on Counter-Drug Requirements. - The Secretary of
Defense may not limit the requirements for which support may be
provided under subsection (a) only to critical, emergent, or
unanticipated requirements.
"(d) Contract Authority. - In carrying out subsection (a), the
Secretary of Defense may acquire services or equipment by contract
for support provided under that subsection if the Department of
Defense would normally acquire such services or equipment by
contract for the purpose of conducting a similar activity for the
Department of Defense.
"(e) Limited Waiver of Prohibition. - Notwithstanding section 376
of title 10, United States Code, the Secretary of Defense may
provide support pursuant to subsection (a) in any case in which the
Secretary determines that the provision of such support would
adversely affect the military preparedness of the United States in
the short term if the Secretary determines that the importance of
providing such support outweighs such short-term adverse effect.
"(f) Conduct of Training or Operation To Aid Civilian Agencies. -
In providing support pursuant to subsection (a), the Secretary of
Defense may plan and execute otherwise valid military training or
operations (including training exercises undertaken pursuant to
section 1206(a) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1564 [10
U.S.C. 124 note])) for the purpose of aiding civilian law
enforcement agencies.
"(g) Relationship to Other Laws. - (1) The authority provided in
this section for the support of counter-drug activities by the
Department of Defense is in addition to, and except as provided in
paragraph (2), not subject to the requirements of chapter 18 of
title 10, United States Code.
"(2) Support under this section shall be subject to the
provisions of section 375 and, except as provided in subsection
(e), section 376 of title 10, United States Code.
"(h) Congressional Notification of Facilities Projects. - (1)
When a decision is made to carry out a military construction
project described in paragraph (2), the Secretary of Defense shall
submit to the congressional defense committees [Committees on Armed
Services and Appropriations of Senate and House of Representatives]
written notice of the decision, including the justification for the
project and the estimated cost of the project. The project may be
commenced only after the end of the 21-day period beginning on the
date on which the written notice is received by Congress.
"(2) Paragraph (1) applies to an unspecified minor military
construction project that -
"(A) is intended for the construction, modification, or repair
of any facility for the purposes set forth in subsection (b)(4);
and
"(B) has an estimated cost of more than $500,000.
"(3) This subsection may not be construed as an authorization for
the use of funds for any military construction project that would
exceed the approved cost limitations of an unspecified minor
military construction project under section 2805(a)(2) of title 10,
United States Code.
"(i) Definitions Relating to Tribal Governments. - In this
section:
"(1) The term 'Indian tribe' means a federally recognized
Indian tribe.
"(2) The term 'tribal government' means the governing body of
an Indian tribe, the status of whose land is 'Indian country' as
defined in section 1151 of title 18, United States Code, or held
in trust by the United States for the benefit of the Indian
tribe.
"(3) The term 'tribal law enforcement agency' means the law
enforcement agency of a tribal government."
[Pub. L. 111-383, div. A, title X, Sec. 1015(b), Jan. 7, 2011,
124 Stat. 4348, provided that: "The amendments made by subsection
(a) [amending section 1004 of Pub. L. 101-510, set out above] shall
take effect on the date of the enactment of this Act [Jan. 7,
2011], and shall apply with respect to facilities projects for
which a decision is made to be carried out on or after that date."]
COMMUNICATIONS NETWORK
Section 1103 of Pub. L. 100-456 related to integration of United
States assets dedicated to interdiction of illegal drugs into an
effective communications network, prior to repeal by Pub. L. 101-
189, div. A, title XII, Sec. 1204(b), Nov. 29, 1989, 103 Stat.
1564. See section 1204(a) of Pub. L. 101-189 set out as a note
under section 124 of this title.
ENHANCED DRUG INTERDICTION AND ENFORCEMENT ROLE FOR NATIONAL GUARD
Section 1105 of Pub. L. 100-456 related to funding and training
of National Guard for purpose of drug interdiction and enforcement
operations and for operation and maintenance of equipment and
facilities for such purpose, prior to repeal by Pub. L. 101-189,
div. A, title XII, Sec. 1207(b), Nov. 29, 1989, 103 Stat. 1566. See
section 112 of Title 32, National Guard.
ADDITIONAL DEPARTMENT OF DEFENSE DRUG LAW ENFORCEMENT ASSISTANCE
Pub. L. 99-570, title III, Sec. 3057, Oct. 27, 1986, 100 Stat.
3207-77, provided that the Secretary of Defense was to submit to
Congress, within 90 days after Oct. 27, 1986, a list of all forms
of assistance that were to be made available by the Department of
Defense to civilian drug law enforcement and drug interdiction
agencies and a plan for promptly lending equipment and rendering
drug interdiction-related assistance included on the list, provided
for congressional approval of the list and plan, required the
Secretary to convene a conference of the heads of Government
agencies with jurisdiction over drug law enforcement to determine
the appropriate distribution of the assets or other assistance to
be made available by the Department to such agencies, and provided
for monitoring of the Department's performance by the General
Accounting Office.
-End-
-CITE-
10 USC Sec. 375 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
-HEAD-
Sec. 375. Restriction on direct participation by military personnel
-STATUTE-
The Secretary of Defense shall prescribe such regulations as may
be necessary to ensure that any activity (including the provision
of any equipment or facility or the assignment or detail of any
personnel) under this chapter does not include or permit direct
participation by a member of the Army, Navy, Air Force, or Marine
Corps in a search, seizure, arrest, or other similar activity
unless participation in such activity by such member is otherwise
authorized by law.
-SOURCE-
(Added Pub. L. 97-86, title IX Sec. 905(a)(1), Dec. 1, 1981, 95
Stat. 1116; amended Pub. L. 100-456, div. A, title XI, Sec.
1104(a), Sept. 29, 1988, 102 Stat. 2045; Pub. L. 101-189, div. A,
title XII, Sec. 1211, Nov. 29, 1989, 103 Stat. 1567.)
-MISC1-
AMENDMENTS
1989 - Pub. L. 101-189 substituted "any activity" for "the
provision of any support", struck out "to any civilian law
enforcement official" after "any personnel)", and substituted "a
search, seizure, arrest," for "a search and seizure, an arrest,".
1988 - Pub. L. 100-456 amended section generally. Prior to
amendment, section read as follows: "The Secretary of Defense shall
issue such regulations as may be necessary to insure that the
provision of any assistance (including the provision of any
equipment or facility or the assignment of any personnel) to any
civilian law enforcement official under this chapter does not
include or permit direct participation by a member of the Army,
Navy, Air Force, or Marine Corps in an interdiction of a vessel or
aircraft, a search and seizure, arrest, or other similar activity
unless participation in such activity by such member is otherwise
authorized by law."
-End-
-CITE-
10 USC Sec. 376 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
-HEAD-
Sec. 376. Support not to affect adversely military preparedness
-STATUTE-
Support (including the provision of any equipment or facility or
the assignment or detail of any personnel) may not be provided to
any civilian law enforcement official under this chapter if the
provision of such support will adversely affect the military
preparedness of the United States. The Secretary of Defense shall
prescribe such regulations as may be necessary to ensure that the
provision of any such support does not adversely affect the
military preparedness of the United States.
-SOURCE-
(Added Pub. L. 97-86, title, IX, Sec. 905(a)(1), Dec. 1, 1981, 95
Stat. 1116; amended Pub. L. 100-456, div. A, title XI, Sec.
1104(a), Sept. 29, 1988, 102 Stat. 2045.)
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-456 substituted "Support" for "Assistance" in
section catchline and amended text generally. Prior to amendment,
text read as follows: "Assistance (including the provision of any
equipment or facility or the assignment of any personnel) may not
be provided to any civilian law enforcement official under this
chapter if the provision of such assistance will adversely affect
the military preparedness of the United States. The Secretary of
Defense shall issue such regulations as may be necessary to insure
that the provision of any such assistance does not adversely affect
the military preparedness of the United States."
-End-
-CITE-
10 USC Sec. 377 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
-HEAD-
Sec. 377. Reimbursement
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 97-86, title IX, Sec. 905(a)(1), Dec. 1, 1981, 95
Stat. 1116; amended Pub. L. 100-456, div. A, title XI, Sec.
1104(a), Sept. 29, 1988, 102 Stat. 2045; Pub. L. 110-181, div. A,
title X, Sec. 1061, Jan. 28, 2008, 122 Stat. 319.)
-MISC1-
AMENDMENTS
2008 - Subsec. (a). Pub. L. 110-181, Sec. 1061(1), substituted
"Subject to subsection (c), to the extent" for "To the extent".
Subsecs. (b), (c). Pub. L. 110-181, Sec. 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."
-End-
-CITE-
10 USC Sec. 378 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
-HEAD-
Sec. 378. Nonpreemption of other law
-STATUTE-
Nothing in this chapter shall be construed to limit the authority
of the executive branch in the use of military personnel or
equipment for civilian law enforcement purposes beyond that
provided by law before December 1, 1981.
-SOURCE-
(Added Pub. L. 97-86, title IX, Sec. 905(a)(1), Dec. 1, 1981, 95
Stat. 1116; amended Pub. L. 98-525, title XIV, Sec. 1405(10), Oct.
19, 1984, 98 Stat. 2622; Pub. L. 100-456, div. A, title XI, Sec.
1104(a), Sept. 29, 1988, 102 Stat. 2045.)
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-456 reenacted section without change.
1984 - Pub. L. 98-525 substituted "before December 1, 1981" for
"prior to the enactment of this chapter".
-End-
-CITE-
10 USC Sec. 379 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
-HEAD-
Sec. 379. Assignment of Coast Guard personnel to naval vessels for
law enforcement purposes
-STATUTE-
(a) The Secretary of Defense and the Secretary of Homeland
Security shall provide that there be assigned on board every
appropriate surface naval vessel at sea in a drug-interdiction area
members of the Coast Guard who are trained in law enforcement and
have powers of the Coast Guard under title 14, including the power
to make arrests and to carry out searches and seizures.
(b) Members of the Coast Guard assigned to duty on board naval
vessels under this section shall perform such law enforcement
functions (including drug-interdiction functions) -
(1) as may be agreed upon by the Secretary of Defense and the
Secretary of Homeland Security; and
(2) as are otherwise within the jurisdiction of the Coast
Guard.
(c) No fewer than 500 active duty personnel of the Coast Guard
shall be assigned each fiscal year to duty under this section.
However, if at any time the Secretary of Homeland Security, after
consultation with the Secretary of Defense, determines that there
are insufficient naval vessels available for purposes of this
section, such personnel may be assigned other duty involving
enforcement of laws listed in section 374(b)(4)(A) of this title.
(d) In this section, the term "drug-interdiction area" means an
area outside the land area of the United States (as defined in
section 374(b)(4)(B) of this title) in which the Secretary of
Defense (in consultation with the Attorney General) determines that
activities involving smuggling of drugs into the United States are
ongoing.
-SOURCE-
(Added Pub. L. 99-570, title III, Sec. 3053(b)(1), Oct. 27, 1986,
100 Stat. 3207-75; amended Pub. L. 100-456, div. A, title XI, Sec.
1104(a), Sept. 29, 1988, 102 Stat. 2045; Pub. L. 107-296, title
XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
-MISC1-
AMENDMENTS
2002 - Subsecs. (a), (b)(1), (c). Pub. L. 107-296 substituted "of
Homeland Security" for "of Transportation".
1988 - Pub. L. 100-456 amended section generally, substituting
"every appropriate surface naval vessel" for "appropriate surface
naval vessels" in subsec. (a), substituting "section 374(b)(4)(A)"
for "section 374(a)(1)" in subsec. (c), and inserting "(as defined
in section 374(b)(4)(B) of this title)" in subsec. (d).
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of
this title.
-End-
-CITE-
10 USC Sec. 380 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
-HEAD-
Sec. 380. Enhancement of cooperation with civilian law enforcement
officials
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 100-180, div. A, title XII, Sec. 1243(a), Dec. 4,
1987, 101 Stat. 1163; amended Pub. L. 100-456, div. A, title XI,
Sec. 1104(a), Sept. 29, 1988, 102 Stat. 2046.)
-MISC1-
AMENDMENTS
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.
-End-
-CITE-
10 USC Sec. 381 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
-HEAD-
Sec. 381. Procurement of equipment by State and local governments
through the Department of Defense: equipment for counter-drug,
homeland security, and emergency response activities
-STATUTE-
(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 equipment suitable for
counter-drug, homeland security, and emergency response 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, homeland security, or
emergency response 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 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 equipment shall consist of an enumeration of
the 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 equipment from
units of local government within the State.
(D) A State requesting 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 equipment suitable for counter-drug, homeland
security, and emergency response 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 or emergency response 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 or emergency response functions in and
for the District of Columbia or the Trust Territory of the
Pacific Islands.
(3) The term "equipment suitable for counter-drug, homeland
security, and emergency response 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 and, in the case of equipment
for homeland security activities, may not include any equipment
that is not found on the Authorized Equipment List published by
the Department of Homeland Security.
-SOURCE-
(Added Pub. L. 103-160, div. A, title XI, Sec. 1122(a)(1), Nov. 30,
1993, 107 Stat. 1754; amended Pub. L. 110-417, [div. A], title
VIII, Sec. 885(a), (b)(1), Oct. 14, 2008, 122 Stat. 4560, 4561.)
-MISC1-
AMENDMENTS
2008 - Pub. L. 110-417, Sec. 885(b)(1), substituted "Procurement
of equipment by State and local governments through the Department
of Defense: equipment for counter-drug, homeland security, and
emergency response activities" for "Procurement by State and local
governments of law enforcement equipment suitable for counter-drug
activities through the Department of Defense" in section catchline.
Subsec. (a)(1). Pub. L. 110-417, Sec. 885(a)(1), in introductory
provisions, struck out "law enforcement" before "equipment" and
inserted ", homeland security, and emergency response" after
"counter-drug", in subpar. (A), inserted ", homeland security, or
emergency response" after "counter-drug" in introductory provisions
and struck out "law enforcement" before "equipment" in cl. (i), in
subpar. (C) struck out "law enforcement" before "equipment"
wherever appearing, and in subpar. (D) struck out "law enforcement"
before "equipment shall".
Subsec. (c). Pub. L. 110-417, Sec. 885(a)(2), struck out "law
enforcement" before "equipment" and inserted ", homeland security,
and emergency response" after "counter-drug".
Subsec. (d)(2), (3). Pub. L. 110-417, Sec. 885(a)(3), in par. (2)
inserted "or emergency response" after "law enforcement" in two
places and in par. (3) struck out "law enforcement" before
"equipment suitable" and inserted ", homeland security, and
emergency response" after "counter-drug" and "and, in the case of
equipment for homeland security activities, may not include any
equipment that is not found on the Authorized Equipment List
published by the Department of Homeland Security" before period at
end.
-TRANS-
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.
-MISC2-
DEADLINE FOR ESTABLISHING PROCEDURES
Pub. L. 103-160, div. A, title XI, Sec. 1122(b), Nov. 30, 1993,
107 Stat. 1755, directed the Secretary of Defense to establish
procedures under subsec. (a) of this section not later than six
months after Nov. 30, 1993.
-End-
-CITE-
10 USC Sec. 382 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
-HEAD-
Sec. 382. Emergency situations involving weapons of mass
destruction
-STATUTE-
(a) In General. - The Secretary of Defense, upon the request of
the Attorney General, may provide assistance in support of
Department of Justice activities relating to the enforcement of
section 175, 229, or 2332a of title 18 during an emergency
situation involving a weapon of mass destruction. Department of
Defense resources, including personnel of the Department of
Defense, may be used to provide such assistance if -
(1) the Secretary of Defense and the Attorney General jointly
determine that an emergency situation exists; and
(2) the Secretary of Defense determines that the provision of
such assistance will not adversely affect the military
preparedness of the United States.
(b) Emergency Situations Covered. - In this section, the term
"emergency situation involving a weapon of mass destruction" means
a circumstance involving a weapon of mass destruction -
(1) that poses a serious threat to the interests of the United
States; and
(2) in which -
(A) civilian expertise and capabilities are not readily
available to provide the required assistance to counter the
threat immediately posed by the weapon involved;
(B) special capabilities and expertise of the Department of
Defense are necessary and critical to counter the threat posed
by the weapon involved; and
(C) enforcement of section 175, 229, or 2332a of title 18
would be seriously impaired if the Department of Defense
assistance were not provided.
(c) Forms of Assistance. - The assistance referred to in
subsection (a) includes the operation of equipment (including
equipment made available under section 372 of this title) to
monitor, contain, disable, or dispose of the weapon involved or
elements of the weapon.
(d) Regulations. - (1) The Secretary of Defense and the Attorney
General shall jointly prescribe regulations concerning the types of
assistance that may be provided under this section. Such
regulations shall also describe the actions that Department of
Defense personnel may take in circumstances incident to the
provision of assistance under this section.
(2)(A) Except as provided in subparagraph (B), the regulations
may not authorize the following actions:
(i) Arrest.
(ii) Any direct participation in conducting a search for or
seizure of evidence related to a violation of section 175, 229,
or 2332a of title 18.
(iii) Any direct participation in the collection of
intelligence for law enforcement purposes.
(B) The regulations may authorize an action described in
subparagraph (A) to be taken under the following conditions:
(i) The action is considered necessary for the immediate
protection of human life, and civilian law enforcement officials
are not capable of taking the action.
(ii) The action is otherwise authorized under subsection (c) or
under otherwise applicable law.
(e) Reimbursements. - The Secretary of Defense shall require
reimbursement as a condition for providing assistance under this
section to the extent required under section 377 of this title.
(f) Delegations of Authority. - (1) Except to the extent
otherwise provided by the Secretary of Defense, the Deputy
Secretary of Defense may exercise the authority of the Secretary of
Defense under this section. The Secretary of Defense may delegate
the Secretary's authority under this section only to an Under
Secretary of Defense or an Assistant Secretary of Defense and only
if the Under Secretary or Assistant Secretary to whom delegated has
been designated by the Secretary to act for, and to exercise the
general powers of, the Secretary.
(2) Except to the extent otherwise provided by the Attorney
General, the Deputy Attorney General may exercise the authority of
the Attorney General under this section. The Attorney General may
delegate that authority only to the Associate Attorney General or
an Assistant Attorney General and only if the Associate Attorney
General or Assistant Attorney General to whom delegated has been
designated by the Attorney General to act for, and to exercise the
general powers of, the Attorney General.
(g) Relationship to Other Authority. - Nothing in this section
shall be construed to restrict any executive branch authority
regarding use of members of the armed forces or equipment of the
Department of Defense that was in effect before September 23, 1996.
-SOURCE-
(Added Pub. L. 104-201, div. A, title XIV, Sec. 1416(a)(1), Sept.
23, 1996, 110 Stat. 2721; amended Pub. L. 105-85, div. A, title X,
Sec. 1073(a)(6), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 111-383,
div. A, title X, Sec. 1075(b)(10)(A), (B), Jan. 7, 2011, 124 Stat.
4369; Pub. L. 112-81, div. A, title X, Sec. 1089, Dec. 31, 2011,
125 Stat. 1603.)
-MISC1-
AMENDMENTS
2011 - Pub. L. 111-383, Sec. 1075(b)(10)(B), struck out "chemical
or biological" before "weapons" in section catchline.
Subsec. (a). Pub. L. 112-81 struck out "biological or chemical"
before "weapon of mass destruction" in introductory provisions.
Pub. L. 111-383, Sec. 1075(b)(10)(A), substituted "section 175,
229, or 2332a" for "section 175 or 2332c".
Subsec. (b). Pub. L. 112-81 struck out "biological or chemical"
before "weapon of mass destruction" in two places in introductory
provisions.
Subsecs. (b)(2)(C), (d)(2)(A)(ii). Pub. L. 111-383, Sec.
1075(b)(10)(A), substituted "section 175, 229, or 2332a" for
"section 175 or 2332c".
1997 - Subsec. (g). Pub. L. 105-85 substituted "September 23,
1996" for "the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1997".
MILITARY ASSISTANCE TO CIVIL AUTHORITIES TO RESPOND TO ACT OR
THREAT OF TERRORISM
Pub. L. 106-65, div. A, title X, Sec. 1023, Oct. 5, 1999, 113
Stat. 747, authorized the Secretary of Defense, upon the request of
the Attorney General, to provide assistance to civil authorities in
responding to an act of terrorism or threat of an act of terrorism
within the United States, if the Secretary determined that certain
conditions were met, subject to reimbursement and limitations on
funding and personnel, and provided that this authority applied
between Oct. 1, 1999, and Sept. 30, 2004.
-End-
Thursday, May 16, 2013
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