Notes on 10 U.S.C. § 374 : US Code - Notes

Search Notes on 10 U.S.C. § 374 : US Code - Notes

(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.)
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.
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. 109-289, div. A, title VIII, Sec. 8028, Sept. 29, 2006,
120 Stat. 1279, 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. 109-148, 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. 109-289, div. A, title VIII, Sec. 8045(a), Sept. 29,
2006, 120 Stat. 1283, 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. 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, provided that:
"(a) Support to Other Agencies. - During fiscal years 2002
through 2011, the Secretary of Defense may provide support for the
counter-drug activities of any other department or agency of the
Federal Government or of any State, local, or foreign law
enforcement agency for any of the purposes set forth in subsection
(b) if such support is requested -
"(1) by the official who has responsibility for the counter-
drug activities of the department or agency of the Federal
Government, in the case of support for other departments or
agencies of the Federal Government;
"(2) by the appropriate official of a State or local
government, in the case of support for State or local law
enforcement agencies; or
"(3) by an appropriate official of a department or agency of
the Federal Government that has counter-drug responsibilities, in
the case of support for foreign law enforcement agencies.
"(b) Types of Support. - The purposes for which the Secretary of
Defense may provide support under subsection (a) are the following:
"(1) The maintenance and repair of equipment that has been made
available to any department or agency of the Federal Government
or to any State or local government by the Department of Defense
for the purposes of -
"(A) preserving the potential future utility of such
equipment for the Department of Defense; and
"(B) upgrading such equipment to ensure compatibility of that
equipment with other equipment used by the Department of
Defense.
"(2) The maintenance, repair, or upgrading of equipment
(including computer software), other than equipment referred to
in paragraph (1) for the purpose of -
"(A) ensuring that the equipment being maintained or repaired
is compatible with equipment used by the Department of Defense;
and
"(B) upgrading such equipment to ensure the compatibility of
that equipment with equipment used by the Department of
Defense.
"(3) The transportation of personnel of the United States and
foreign countries (including per diem expenses associated with
such transportation), and the transportation of supplies and
equipment, for the purpose of facilitating counter-drug
activities within or outside the United States.
"(4) The establishment (including an unspecified minor military
construction project) and operation of bases of operations or
training facilities for the purpose of facilitating counter-drug
activities of the Department of Defense or any Federal, State, or
local law enforcement agency within or outside the United States
or counter-drug activities of a foreign law enforcement agency
outside the United States.
"(5) Counter-drug related training of law enforcement personnel
of the Federal Government, of State and local governments, and of
foreign countries, including associated support expenses for
trainees and the provision of materials necessary to carry out
such training.
"(6) The detection, monitoring, and communication of the
movement of -
"(A) air and sea traffic within 25 miles of and outside the
geographic boundaries of the United States; and
"(B) surface traffic outside the geographic boundary of the
United States and within the United States not to exceed 25
miles of the boundary if the initial detection occurred outside
of the boundary.
"(7) Construction of roads and fences and installation of
lighting to block drug smuggling corridors across international
boundaries of the United States.
"(8) Establishment of command, control, communications, and
computer networks for improved integration of law enforcement,
active military, and National Guard activities.
"(9) The provision of linguist and intelligence analysis
services.
"(10) Aerial and ground reconnaissance.
"(c) Limitation on Counter-Drug Requirements. - The Secretary of
Defense may not limit the requirements for which support may be
provided under subsection (a) only to critical, emergent, or
unanticipated requirements.
"(d) Contract Authority. - In carrying out subsection (a), the
Secretary of Defense may acquire services or equipment by contract
for support provided under that subsection if the Department of
Defense would normally acquire such services or equipment by
contract for the purpose of conducting a similar activity for the
Department of Defense.
"(e) Limited Waiver of Prohibition. - Notwithstanding section 376
of title 10, United States Code, the Secretary of Defense may
provide support pursuant to subsection (a) in any case in which the
Secretary determines that the provision of such support would
adversely affect the military preparedness of the United States in
the short term if the Secretary determines that the importance of
providing such support outweighs such short-term adverse effect.
"(f) Conduct of Training or Operation To Aid Civilian Agencies. -
In providing support pursuant to subsection (a), the Secretary of
Defense may plan and execute otherwise valid military training or
operations (including training exercises undertaken pursuant to
section 1206(a) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1564 [10
U.S.C. 124 note])) for the purpose of aiding civilian law
enforcement agencies.
"(g) Relationship to Other Laws. - (1) The authority provided in
this section for the support of counter-drug activities by the
Department of Defense is in addition to, and except as provided in
paragraph (2), not subject to the requirements of chapter 18 of
title 10, United States Code.
"(2) Support under this section shall be subject to the
provisions of section 375 and, except as provided in subsection
(e), section 376 of title 10, United States Code.
"(h) Congressional Notification of Facilities Projects. - (1)
When a decision is made to carry out a military construction
project described in paragraph (2), the Secretary of Defense shall
submit to the congressional defense committees [Committees on Armed
Services and Appropriations of Senate and House of Representatives]
written notice of the decision, including the justification for the
project and the estimated cost of the project. The project may be
commenced only after the end of the 21-day period beginning on the
date on which the written notice is received by Congress.
"(2) Paragraph (1) applies to an unspecified minor military
construction project that -
"(A) is intended for the modification or repair of a Department
of Defense facility for the purpose set forth in subsection
(b)(4); and
"(B) has an estimated cost of more than $500,000."
COMMUNICATIONS NETWORK
Section 1103 of Pub. L. 100-456 related to integration of United
States assets dedicated to interdiction of illegal drugs into an
effective communications network, prior to repeal by Pub. L. 101-
189, div. A, title XII, Sec. 1204(b), Nov. 29, 1989, 103 Stat.
1564. See section 1204(a) of Pub. L. 101-189 set out as a note
under section 124 of this title.
ENHANCED DRUG INTERDICTION AND ENFORCEMENT ROLE FOR NATIONAL GUARD
Section 1105 of Pub. L. 100-456 related to funding and training
of National Guard for purpose of drug interdiction and enforcement
operations and for operation and maintenance of equipment and
facilities for such purpose, prior to repeal by Pub. L. 101-189,
div. A, title XII, Sec. 1207(b), Nov. 29, 1989, 103 Stat. 1566. See
section 112 of Title 32, National Guard.
ADDITIONAL DEPARTMENT OF DEFENSE DRUG LAW ENFORCEMENT ASSISTANCE
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.