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U.S. Code as of:
01/19/04
Section 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);
(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) The Maritime Drug Law Enforcement Act (46 U.S.C. App.
1901 et seq.).
(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.
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