-CITE-

10 USC CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW

ENFORCEMENT AGENCIES 01/06/03

-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 by State and local governments of law enforcement

equipment suitable for counter-drug activities through the

Department of Defense.

382. Emergency situations involving chemical or biological weapons

of mass destruction.

AMENDMENTS

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.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 18 section 831; title 50

section 2312.

-CITE-

10 USC Sec. 371 01/06/03

-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 (Sec.

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'.''

-CITE-

10 USC Sec. 372 01/06/03

-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''.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 373, 374, 382 of this

title.

-CITE-

10 USC Sec. 373 01/06/03

-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.''

-CITE-

10 USC Sec. 374 01/06/03

-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) The Maritime Drug Law Enforcement Act (46 U.S.C. App.

1901 et seq.).

(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, Sec. 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.)

-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.

The Maritime Drug Law Enforcement Act, referred to in subsec.

(b)(4)(A)(iv), is Pub. L. 96-350, Sept. 15, 1980, 94 Stat. 1159, as

amended, which is classified generally to chapter 38 (Sec. 1901 et

seq.) of Title 46, Appendix, Shipping. For complete classification

of this Act to the Code, see section 1901 of Title 46, Appendix,

and Tables.

-MISC2-

AMENDMENTS

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.

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. 107-248, title VIII, Sec. 8058(a), Oct. 23, 2002, 116

Stat. 1549, 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. 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, provided that:

''(a) Support to Other Agencies. - During fiscal years 2002

through 2006, 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, 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 or local

government, in the case of support for State or local 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 or local 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, or local law enforcement agency within or outside

the United States or 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 and local

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 modification or repair of a

Department of Defense facility for the purpose set forth in

subsection (b)(4); and

''(B) has an estimated cost of more than $500,000.''

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

Section 3057 of Pub. L. 99-570 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 379 of this title.

-CITE-

10 USC Sec. 375 01/06/03

-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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2564 of this title.

-CITE-

10 USC Sec. 376 01/06/03

-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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2564 of this title.

-CITE-

10 USC Sec. 377 01/06/03

-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) 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) 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.

-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 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 382, 2564 of this title.

-CITE-

10 USC Sec. 378 01/06/03

-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''.

-CITE-

10 USC Sec. 379 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 14 section 637.

-CITE-

10 USC Sec. 380 01/06/03

-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.

-CITE-

10 USC Sec. 381 01/06/03

-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 by State and local governments of law

enforcement equipment suitable for counter-drug activities

through the Department of Defense

-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 law enforcement

equipment suitable for counter-drug activities through the

Department of Defense. The procedures shall require the following:

(A) Each State desiring to participate in a procurement of

equipment suitable for counter-drug activities through the

Department of Defense shall submit to the Department, in such

form and manner and at such times as the Secretary prescribes,

the following:

(i) A request for law enforcement equipment.

(ii) Advance payment for such equipment, in an amount

determined by the Secretary based on estimated or actual costs

of the equipment and administrative costs incurred by the

Department.

(B) A State may include in a request submitted under

subparagraph (A) only the type of equipment listed in the catalog

produced under subsection (c).

(C) A request for law enforcement equipment shall consist of an

enumeration of the law enforcement equipment that is desired by

the State and units of local government wit