Thursday, May 16, 2013

-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-

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