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8 August 1999
Source:
http://www.access.gpo.gov/su_docs/aces/aaces002.html
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 27, 1998]
[Document not affected by Public Laws enacted between
January 27, 1998 and November 30, 1998]
[CITE: 10USC]
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
Sec.
371. Use of information collected during military operations.
372. Use of military equipment and facilities.
373. Training and advising civilian law enforcement officials.
374. Maintenance and operation of equipment.
375. Restriction on direct participation by military personnel.
376. Support not to affect adversely military preparedness.
377. Reimbursement.
378. Nonpreemption of other law.
379. Assignment of Coast Guard personnel to naval vessels for
law enforcement purposes.
380. Enhancement of cooperation with civilian law enforcement
officials.
381. Procurement by State and local governments of law
enforcement equipment suitable for counter-drug
activities through the Department of Defense.
382. Emergency situations involving chemical or biological
weapons of mass destruction.
Amendments
1996--Pub. L. 104-201, div. A, title XIV, Sec. 1416(a)(2), Sept. 23,
1996, 110 Stat. 2723, added item 382.
1993--Pub. L. 103-160, div. A, title XI, Sec. 1122(a)(2), Nov. 30,
1993, 107 Stat. 1755, added item 381.
1989--Pub. L. 101-189, div. A, title XII, Sec. 1216(a), Nov. 29,
1989, 103 Stat. 1569, in chapter heading substituted ``18'' for ``8''.
1988--Pub. L. 100-456, div. A, title XI, Sec. 1104(a), Sept. 29,
1988, 102 Stat. 2043, amended chapter analysis generally substituting,
in chapter heading ``CHAPTER 8--MILITARY SUPPORT FOR CIVILIAN LAW
ENFORCEMENT AGENCIES'' for ``CHAPTER 18--MILITARY COOPERATION WITH
CIVILIAN LAW ENFORCEMENT OFFICIALS'', in item 374 ``Maintenance and
operation of equipment'' for ``Assistance by Department of Defense
personnel'', in item 376 ``Support not to affect adversely military
preparedness'' for ``Assistance not to affect adversely military
preparedness'' and in item 380 ``Enhancement of cooperation with
civilian law enforcement officials'' for ``Department of Defense drug
law enforcement assistance: annual plan''.
1987--Pub. L. 100-180, div. A, title XII, Sec. 1243(b), Dec. 4,
1987, 101 Stat. 1164, added item 380.
1986--Pub. L. 99-570, title III, Sec. 3053(b)(2), Oct. 27, 1986, 100
Stat. 3207-76, added item 379.
Chapter Referred to in Other Sections
This chapter is referred to in title 18 section 831; title 50
section 2312.
[CITE: 10USC371]
Sec. 371. Use of information collected during military
operations
(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.
(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.)
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'.''
[CITE: 10USC372]
Sec. 372. Use of military equipment and facilities
(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.
(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.)
Amendments
1996--Pub. L. 104-106 designated existing provisions as subsec. (a),
inserted heading, and added subsec. (b).
Subsec. (b)(1). Pub. L. 104-201 inserted at end ``The requirement
for a determination that an item is not reasonably available from
another source does not apply to assistance provided under section 382
of this title pursuant to a request of the Attorney General for the
assistance.''
1988--Pub. L. 100-456 amended section generally, inserting
``(including associated supplies or spare parts)'' and substituting
``Department of Defense'' for ``Army, Navy, Air Force, or Marine
Corps''.
Transfer of Excess Personal Property
Pub. L. 101-189, div. A, title XII, Sec. 1208, Nov. 29, 1989, 103
Stat. 1566, as amended by Pub. L. 102-484, div. A, title X, Sec. 1044,
Oct. 23, 1992, 106 Stat. 2493, which authorized the Secretary of Defense
to transfer excess personal property of the Department of Defense to
Federal and State agencies, provided conditions for transfer, and
terminated the Secretary's authority on Sept. 30, 1997, was repealed and
restated in section 2576a of this title by Pub. L. 104-201, div. A,
title X, Sec. 1033(a)(1), (b)(1), Sept. 23, 1996, 110 Stat. 2639, 2640.
Section Referred to in Other Sections
This section is referred to in sections 373, 374, 382 of this title.
[CITE: 10USC373]
Sec. 373. Training and advising civilian law enforcement
officials
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.
(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.)
Amendments
1988--Pub. L. 100-456 amended section generally, substituting
provisions authorizing Secretary of Defense, in accordance with
applicable law, to make Defense Department personnel available for
training, etc., for former subsecs. (a) to (c) authorizing Secretary of
Defense to assign members of Army, Navy, Air Force, and Marine Corps,
etc., for training, etc., briefing sessions by Attorney General, and
other functions of Attorney General and Administrator of General
Services.
1985--Pub. L. 99-145 designated existing provisions as subsec. (a)
and added subsecs. (b) and (c).
Effective Date of 1985 Amendment
Section 1423(b) of Pub. L. 99-145 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect on
January 1, 1986.''
[CITE: 10USC374]
Sec. 374. Maintenance and operation of equipment
(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); or
(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.
(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; and
(ii) the operation of a base of operations for civilian law
enforcement personnel.
(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 an agency
with jurisdiction to enforce any of the following:
(i) The Controlled Substances Act (21 U.S.C. 801 et seq.) or
the Controlled Substances Import and Export Act (21 U.S.C. 951
et seq.).
(ii) Any of sections 274 through 278 of the Immigration and
Nationality Act (8 U.S.C. 1324-1328).
(iii) A law relating to the arrival or departure of
merchandise (as defined in section 401 of the Tariff Act of 1930
(19 U.S.C. 1401) into or out of the customs territory of the
United States (as defined in general note 2 of the Harmonized
Tariff Schedule of the United States) or any other territory or
possession of the United States.
(iv) The Maritime Drug Law Enforcement Act (46 U.S.C. App.
1901 et seq.).
(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.
(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.)
References in Text
The Controlled Substances Act, referred to in subsec. (b)(4)(A)(i),
is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended,
which is classified principally to subchapter I (Sec. 801 et seq.) of
chapter 13 of Title 21, Food and Drugs. For complete classification of
this Act to the Code, see Short Title note set out under section 801 of
Title 21 and Tables.
The Controlled Substances Import and Export Act, referred to in
subsec. (b)(4)(A)(i), is title III of Pub. L. 91-513, Oct. 27, 1970, 84
Stat. 1285, as amended, which is classified principally to subchapter II
(Sec. 951 et seq.) of chapter 13 of Title 21. For complete
classification of the Act to the Code, see Short Title note set out
under section 951 of Title 21 and Tables.
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (b)(4)(A)(iii), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of Title 19,
Customs Duties.
The Maritime Drug Law Enforcement Act, referred to in subsec.
(b)(4)(A)(iv), is Pub. L. 96-350, Sept. 15, 1980, 94 Stat. 1159, as
amended, which is classified generally to chapter 38 (Sec. 1901 et seq.)
of Title 46, Appendix, Shipping. For complete classification of this Act
to the Code, see section 1901 of Title 46, Appendix, and Tables.
Amendments
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
U