miltary support for civilia LEA

-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-

-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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