§ 274. Maintenance and operation of equipment

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1981

   Department of Defense Authorization Act, 1982

   Pub. L. 97–86 title IX § 905(a)(1) · 95 Stat. 1099

   Enacted · 10 U.S.C. § 274

   Added Pub. L. 97–86, title IX, § 905(a)(1), Dec. 1, 1981, 95 Stat. 1115, § 374

   Source evidence

   Code source credit
   Added Pub. L. 97–86, title IX, § 905(a)(1), Dec. 1, 1981, 95 Stat. 1115, § 374

   Enacted provision · exact public law section
   (1) Part I of subtitle A of title 10, United States Code, is amended by adding after chapter 17 the following new chapter: “CHAPTER 18— MILITARY COOPERATION WITH CIVILIAN LAW ENFORCEMENT OFFICIALS “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. Assistance by Department of Defense personnel. “375. Restriction on direct participation by military personnel. “376. Assistance not to affect adversely military preparedness. “377. Reimbursement. “378. Nonpreemption of other law. “§ 371. Use of information collected during military operations “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 operations that may be relevant to a violation of any Federal or State law within the jurisdiction of such officials. “§ 372. Use of military equipment and facilities “The Secretary of Defense may, in accordance with other applicable law, make available any equipment, base facility, or research facility of the Army, Navy, Air Force, or Marine Corps to any Federal, State, or local civilian law enforcement official for law enforcement purposes. “§ 373. Training and advising civilian law enforcement officials “The Secretary of Defense may assign members of the Army, Navy, Air Force, and Marine Corps to train Federal, State, and local civilian law enforcement officials in the operation and maintenance of equipment made available under section 372 of this title and to provide expert advice relevant to the purposes of this chapter. “§ 374. Assistance by Department of Defense personnel “(a) Subject to subsection (b), the Secretary of Defense, upon request from the head of an agency with jurisdiction to enforce— “(1) 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.); “(2) any of sections 274 through 278 of the Immigration and Nationality Act (8 U.S.C. 1324–1328); or “(3) 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 headnote 2 of the Tariff Schedules of the United States (19 U.S.C. 1202)) or any other territory or possession of the United States, may assign personnel of the Department of Defense to operate and maintain or assist in operating and maintaining equipment made available under section 372 of this title with respect to any criminal violation of any such provision of law. “(b) Except as provided in subsection (c), equipment made available under section 372 of this title may be operated by or with the assistance of personnel assigned under subsection (a) only to the extent the equipment is used for monitoring and communicating the movement of air and sea traffic. “(c) (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. “§ 375. Restriction on direct participation by military personnel “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. “§ 376. Assistance not to affect adversely military preparedness “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. “§ 377. Reimbursement “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. “§ 378. Nonpreemption of other law “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 prior to the enactment of this chapter.”.

2. 1984

   Department of Defense Authorization Act, 1985

   Pub. L. 98–525 title XIV § 1405(9) · 98 Stat. 2492

   Struck · 10 U.S.C. § 274(a)(3)

   Pub. L. 98–525 struck out “(19 U.S.C. 1202)” after “Tariff Schedules of the United States”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 98–525 struck out “(19 U.S.C. 1202)” after “Tariff Schedules of the United States”.

   Enacted provision · exact public law section
   (9) Section 374(a)(3) is amended by striking out “(19 U.S.C. 1202)”.

3. 1986

   Defense Drug Interdiction Assistance Act

   Pub. L. 99–570 § 3056(a) · 100 Stat. 3207

   Inserted · 10 U.S.C. § 274(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Assistance to Civilian Law Enforcement.— Section 374(a) of title 10, United States Code, is amended by striking out the period at the end and inserting in lieu thereof “or with respect to assistance that such agency is authorized to furnish to any foreign government which is involved in the enforcement of similar laws”.

4. 1986

   Defense Drug Interdiction Assistance Act

   Pub. L. 99–570 § 3056(b) · 100 Stat. 3207

   Amended · 10 U.S.C. § 274(c)

   Pub. L. 99–570, § 3056(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (b) Emergency Assistance.— Section 374(c) of such title is amended to read as follows: “(c) (1) In an emergency circumstance, equipment operated by or with the assistance of personnel assigned under subsection (a) may be used as a base of operations outside the land area of the United States (or any territory, commonwealth, or possession of the United States) by Federal law enforcement officials— “(A) to facilitate the enforcement of a law listed in subsection (a); and “(B) to transport such law enforcement officials in connection with such operations; if the Secretary of Defense, the Attorney General, and the Secretary of State jointly determine that an emergency circumstance exists. “(2) (A) Subject to subparagraph (B), equipment operated by or with the assistance of personnel assigned under subsection (a) may not be used to interdict or interrupt the passage of vessels and aircraft. “(B) In an emergency circumstance, equipment operated by or with the assistance of personnel assigned under subsection (a) may be used to intercept vessels and aircraft outside the land area of the United States (or any territory, commonwealth, or possession 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 if the Secretary of Defense, the Attorney General, and the Secretary of State jointly determine that an emergency circumstance exists and that enforcement of a law listed in subsection (a) would be seriously impaired if such use of equipment were not permitted. Such use of equipment may continue into the land area of the United States (or any territory or possession of the United States) in cases involving the hot pursuit of vessels or aircraft where such pursuit began outside such land area. “(3) For purposes of this subsection, an emergency circumstance exists when— “(A) the size or scope of the suspected criminal activity in a given situation poses a serious threat to the interest of the United States; and “(B) the assistance described in this subsection would significantly enhance the enforcement of a law listed in subsection (a).”.

5. 1986

   Department of Defense Authorization Act, 1987

   Pub. L. 99–661 div. A title XIII § 1373(c) · 100 Stat. 3816

   Added · 10 U.S.C. § 274(d)

   Pub. L. 99–661 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–661 added subsec. (d).

   Enacted provision · exact public law section
   (c) Assistance to Agencies.— Section 374 of title 10, United States Code, is amended by adding at the end the following new subsection: “(d) In the case of a request from a head of an agency specified in subsection (a), the Secretary shall provide to that agency such assistance as the Secretary considers appropriate to carry out that agency’s drug interdiction and enforcement responsibilities.”.

6. 1988

   Omnibus Trade and Competitiveness Act of 1988

   Pub. L. 100–418 title I § 1214(a)(1) · 102 Stat. 1107

   Substituted · 10 U.S.C. § 274(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) Section 374(a)(3) of title 10 of the United States Code is amended by striking out “general headnote 2 of the Tariff Schedules of the United States” and inserting “general note 2 of the Harmonized Tariff Schedule of the United States”.

   Effective date note
   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.

7. 1988

   National Defense Authorization Act, Fiscal Year 1989

   Pub. L. 100–456 div. A title XI § 1104(a) · 102 Stat. 1918

   1. Substituted · 10 U.S.C. § 274

      Pub. L. 100–456 substituted “Maintenance and operation of equipment” for “Assistance by Department of Defense personnel” in section catchline

   2. Amended · 10 U.S.C. § 274

      Pub. L. 100–456 amended text generally, revising and restating former subsecs. (a) to (d) as subsecs. (a) to (c)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (a) Revision of Support for Civilian Law Enforcement Agencies.— Chapter 18 of title 10, United States Code, is amended to read as follows: “CHAPTER 8— 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. “§ 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. “§ 372. Use of military equipment and facilities “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. “§ 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. “§ 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) Aerial reconnaissance. “(C) 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. “(D) Operation of equipment to facilitate communications in connection with law enforcement programs specified in paragraph (4)(A). “(E) Subject to joint approval by the Secretary of Defense, the Attorney General, and the Secretary of State, in connection with a law enforcement operation outside 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)(C) 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 headnote 2 of the Tariff Schedules 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 paragraph (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. “§ 375. Restriction on direct participation by military personnel “The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that the provision of any support (including the provision of any equipment or facility or the assignment or detail 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 a search and seizure, an arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law. “§ 376. Support not to affect adversely military preparedness “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 Regulations. 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. “§ 377. Reimbursement “(a) To the extent otherwise required by section 1535 of title 31 (popularly known as the ‘Economy Act’) or other applicable law, the Secretary of Defense shall require a civilian law enforcement agency to which support is provided under this chapter to reimburse the Department of Defense for that support. “(b) An agency to which support is provided under this chapter is not required to reimburse the Department of Defense for such support if such support— “(1) is provided in the normal course of military training or operations; or “(2) results in a benefit to the element of the Department of Defense providing the support that is substantially equivalent to that which would otherwise be obtained from military operations or training. “§ 378. Nonpreemption of other law “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. “§ 379. Assignment of Coast Guard personnel to naval vessels for law enforcement purposes “(a) The Secretary of Defense and the Secretary of Transportation 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 Transportation; 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 Transportation, 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. “§ 380. Enhancement of cooperation with civilian law enforcement officials “(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.”.

8. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 § 1210 · 103 Stat. 1352

   Substituted · 10 U.S.C. § 274(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   SEC. 1210. OPERATION OF EQUIPMENT USED TO TRANSPORT CIVILIAN LAW ENFORCEMENT PERSONNEL Section 374(b)(2)(E) of title 10, United States Code, is amended by striking out “, the Attorney General” and all that follows through “outside the land area of the United States” and inserting in lieu thereof “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)”.

9. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 § 1216(b) · 103 Stat. 1352

   Substituted · 10 U.S.C. § 274(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (b) Reference to Tariff Schedules.— Section 374(b)(4) of such title is amended by striking out “general headnote 2 of the Tariff Schedules of the United States” in subparagraph (A)(iii) and inserting in lieu thereof “general note 2 of the Harmonized Tariff Schedule of the United States”.

10. 1989

    National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 1216(c) · 103 Stat. 1352

    Substituted · 10 U.S.C. § 274(c)

    Pub. L. 101–189, § 1216(c), substituted “subsection (b)(2)” for “paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–189, § 1216(c), substituted “subsection (b)(2)” for “paragraph (2)”.

    Enacted provision · exact public law section
    (c) Cross-Reference Amendment.— Section 374(c) of such title is amended by striking out “paragraph (2)” and inserting in lieu thereof “subsection (b)(2)”.

11. 1992

    National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 1042(1) · 106 Stat. 2315

    1. Added · 10 U.S.C. § 274(b)(2)(B)(F)

       Pub. L. 102–484, § 1042(1), added subpar. (B)

    2. Redesignated · 10 U.S.C. § 274(b)(2)(B)(F)

       Pub. L. 102–484, § 1042(1), redesignated former subpars. (B) to (E) as (C) to (F), respectively

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) in paragraph (2)— (A) by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (C), (D), (E), and (F), respectively; and (B) by inserting after subparagraph (A) the following new subparagraph: “(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.”; and

12. 1992

    National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 1042(2) · 106 Stat. 2315

    Substituted · 10 U.S.C. § 274(b)(3)

    Pub. L. 102–484, § 1042(2), substituted “paragraph (2)(D)” for “paragraph (2)(C)”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 102–484, § 1042(2), substituted “paragraph (2)(D)” for “paragraph (2)(C)”.

    Enacted provision · exact public law section
    (2) in paragraph (3), by striking out “paragraph (2)(C)” and inserting in lieu thereof “paragraph (2)(D)”.

13. 1998

    Pub. L. 105–277 § 201(1) · 112 Stat. 2681

    Added · 10 U.S.C. § 274(b)(1)(C); 10 U.S.C. § 274(b)(1)(D)

    Pub. L. 105–277, § 201(1), (2), added subpars. (C) and (D)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C), (D). Pub. L. 105–277, § 201(1), (2), added subpars. (C) and (D).

    Enacted provision · exact public law section
    Sec. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.

14. 1998

    Pub. L. 105–277 § 201(3) · 112 Stat. 2681

    1. Inserted · 10 U.S.C. § 274(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”

    2. Struck · 10 U.S.C. § 274(b)(2)(F)(i)

       Pub. L. 105–277, § 201(3), struck out “and” at end

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.

15. 1998

    Pub. L. 105–277 § 201(4)(A) · 112 Stat. 2681

    Inserted · 10 U.S.C. § 274(b)(2)(F)(ii)

    Pub. L. 105–277, § 201(4)(A), inserted “and supporting” before “personnel”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(F)(ii). Pub. L. 105–277, § 201(4)(A), inserted “and supporting” before “personnel”.

    Enacted provision · exact public law section
    Sec. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.

16. 1998

    Pub. L. 105–277 § 201(4)(B) · 112 Stat. 2681

    Added · 10 U.S.C. § 274(b)(2)(F)(iii)

    Pub. L. 105–277, § 201(4)(B), (C), added cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(F)(iii). Pub. L. 105–277, § 201(4)(B), (C), added cl. (iii).

    Enacted provision · exact public law section
    Sec. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.

17. 1998

    Pub. L. 105–277 § 201(5) · 112 Stat. 2681

    Substituted · 10 U.S.C. § 274(b)(4)(A)

    Pub. L. 105–277, § 201(5), substituted “a Federal agency” for “an agency” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(4)(A). Pub. L. 105–277, § 201(5), substituted “a Federal agency” for “an agency” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.

18. 1998

    Pub. L. 105–277 § 201(6) · 112 Stat. 2681

    Added · 10 U.S.C. § 274(b)(4)(A)(v)

    Pub. L. 105–277, § 201(6), added cl. (v)

    Source evidence

    Code amendment note
    Subsec. (b)(4)(A)(v). Pub. L. 105–277, § 201(6), added cl. (v).

    Enacted provision · exact public law section
    Sec. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.

19. 1999

    Pub. L. 106–65 § 1066(a)(4)(A) · 113 Stat. 512

    Changed · 10 U.S.C. § 274(b)(1)(C); 10 U.S.C. § 274(b)(1)(D)

    Pub. L. 106–65, § 1066(a)(4)(A), realigned margins

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C), (D). Pub. L. 106–65, § 1066(a)(4)(A), realigned margins.

    Enacted provision · exact public law section
    (A) in paragraph (1), by aligning subparagraphs (C) and (D) with subparagraphs (A) and (B); and

20. 1999

    Pub. L. 106–65 § 1066(a)(4)(B) · 113 Stat. 512

    Struck · 10 U.S.C. § 274(b)(2)(F)(i)

    Pub. L. 106–65, § 1066(a)(4)(B), struck out semicolon after “law enforcement personnel;”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(F)(i). Pub. L. 106–65, § 1066(a)(4)(B), struck out semicolon after “law enforcement personnel;”.

    Enacted provision · exact public law section
    (B) in paragraph (2)(F), by striking the second semicolon at the end of clause (i).

21. 2006

    Pub. L. 109–304 § 17(a)(1) · 120 Stat. 1485

    Substituted · 10 U.S.C. § 274(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.)”

    Source evidence

    Code amendment note
    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.)”.

    Enacted provision · exact public law section
    (1) In section 374(b)(4)(A)(iv), strike “The Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)” and substitute “Chapter 705 of title 46”.

22. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 div. A title XII § 1241(a)(2) · 130 Stat. 2000

    Changed · 10 U.S.C. § 274

    Pub. L. 114–328 renumbered section 374 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 114–328 renumbered section 374 of this title as this section.

    Enacted provision · exact public law section
    (2) by redesignating sections 261, 311, 312, 331, 332, 333, 334, 335, 351, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, and 384 (as added by section 1011 of this Act) as sections 241, 246, 247, 251, 252, 253, 254, 255, 261, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284, respectively; and

25 of 25 references resolved to an enrolled provision