United States Code (Last Updated: May 24, 2014) |
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 |
§ 374. Maintenance and operation of equipment
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(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.
References In Text
The Controlled Substances Act, referred to in subsec. (b)(4)(A)(i), is title II of Pub. L. 91–513,
The Controlled Substances Import and Export Act, referred to in subsec. (b)(4)(A)(i), is title III of Pub. L. 91–513,
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.
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, § 1066(a)(4)(A), realigned margins.
Subsec. (b)(2)(F)(i). Pub. L. 106–65, § 1066(a)(4)(B), struck out semicolon after “law enforcement personnel;”.
1998—Subsec. (b)(1)(C), (D). Pub. L. 105–277, § 201(1), (2), added subpars. (C) and (D).
Subsec. (b)(2)(F)(i). Pub. L. 105–277, § 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, § 201(4)(A), inserted “and supporting” before “personnel”.
Subsec. (b)(2)(F)(iii). Pub. L. 105–277, § 201(4)(B), (C), added cl. (iii).
Subsec. (b)(4)(A). Pub. L. 105–277, § 201(5), substituted “a Federal agency” for “an agency” in introductory provisions.
Subsec. (b)(4)(A)(v). Pub. L. 105–277, § 201(6), added cl. (v).
1992—Subsec. (b)(2)(B) to (F). Pub. L. 102–484, § 1042(1), added subpar. (B) and redesignated former subpars. (B) to (E) as (C) to (F), respectively.
Subsec. (b)(3). Pub. L. 102–484, § 1042(2), substituted “paragraph (2)(D)” for “paragraph (2)(C)”.
1989—Subsec. (b)(2)(E). Pub. L. 101–189, § 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, § 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, § 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, § 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, § 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 Amendment
Amendment by Pub. L. 100–418 effective
Miscellaneous
Pub. L. 110–116, div. A, title VIII, § 8030,
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 109–289, div. A, title VIII, § 8028,
Pub. L. 109–148, div. A, title VIII, § 8033,
Pub. L. 108–287, title VIII, § 8037,
Pub. L. 108–87, title VIII, § 8037,
Pub. L. 107–248, title VIII, § 8037,
Pub. L. 107–117, div. A, title VIII, § 8040,
Pub. L. 106–259, title VIII, § 8040,
Pub. L. 106–79, title VIII, § 8043,
Pub. L. 105–262, title VIII, § 8043,
Pub. L. 105–56, title VIII, § 8047,
Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8048],
Pub. L. 103–337, div. A, title X, § 1011(b)–(d),
Pub. L. 113–76, div. C, title VIII, § 8045(a),
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 113–6, div. C, title VIII, § 8045(a),
Pub. L. 112–74, div. A, title VIII, § 8045(a),
Pub. L. 112–10, div. A, title VIII, § 8045(a),
Pub. L. 111–118, div. A, title VIII, § 8047(a),
Pub. L. 110–329, div. C, title VIII, § 8047(a),
Pub. L. 110–116, div. A, title VIII, § 8048(a),
Pub. L. 109–289, div. A, title VIII, § 8045(a),
Pub. L. 109–148, div. A, title VIII, § 8052(a),
Pub. L. 108–287, title VIII, § 8057(a),
Pub. L. 108–87, title VIII, § 8057(a),
Pub. L. 107–248, title VIII, § 8058(a),
Pub. L. 107–117, div. A, title VIII, § 8063(a),
Pub. L. 106–259, title VIII, § 8062(a),
Pub. L. 106–79, title VIII, § 8065(a),
Pub. L. 105–262, title VIII, § 8065(a),
Pub. L. 105–56, title VIII, § 8071(a),
Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8080(a)],
Pub. L. 104–61, title VIII, § 8096(a),
Pub. L. 103–335, title VIII, § 8154(a),
Pub. L. 101–510, div. A, title X, § 1004,
[Pub. L. 111–383, div. A, title X, § 1015(b),
Pub. L. 100–456, div. A, title XI, § 1103,
Pub. L. 100–456, div. A, title XI, § 1105,
Pub. L. 99–570, title III, § 3057,