
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC124]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                 CHAPTER 3--GENERAL POWERS AND FUNCTIONS
 
Sec. 124. Detection and monitoring of aerial and maritime 
        transit of illegal drugs: Department of Defense to be lead 
        agency
        
    (a) Lead Agency.--(1) The Department of Defense shall serve as the 
single lead agency of the Federal Government for the detection and 
monitoring of aerial and maritime transit of illegal drugs into the 
United States.
    (2) The responsibility conferred by paragraph (1) shall be carried 
out in support of the counter-drug activities of Federal, State, local, 
and foreign law enforcement agencies.
    (b) Performance of Detection and Monitoring Function.--(1) To carry 
out subsection (a), Department of Defense personnel may operate 
equipment of the Department to intercept a vessel or an aircraft 
detected outside the land area of the United States for the purposes 
of--
        (A) identifying and communicating with that vessel or aircraft; 
    and
        (B) directing that vessel or aircraft to go to a location 
    designated by appropriate civilian officials.

    (2) In cases in which a vessel or an aircraft is detected outside 
the land area of the United States, Department of Defense personnel may 
begin or continue pursuit of that vessel or aircraft over the land area 
of the United States.
    (c) United States Defined.--In this section, the term ``United 
States'' means the land area of the several States and any territory, 
commonwealth, or possession of the United States.

(Added Pub. L. 101-189, div. A, title XII, Sec. 1202(a)(1), Nov. 29, 
1989, 103 Stat. 1563; amended Pub. L. 102-190, div. A, title X, 
Sec. 1088(b), Dec. 5, 1991, 105 Stat. 1485.)


                            Prior Provisions

    A prior section 124, added Pub. L. 87-651, title II, Sec. 201(a), 
Sept. 7, 1962, 76 Stat. 514; amended Pub. L. 98-525, title XIII, 
Sec. 1301(a), Oct. 19, 1984, 98 Stat. 2611; Pub. L. 99-145, title XIII, 
Sec. 1303(a)(1), Nov. 8, 1985, 99 Stat. 738, related to establishment, 
composition, and functions of combatant commands, prior to repeal by 
Pub. L. 99-433, Sec. 211(c)(1). See section 161 et seq. of this title. 
Similar provisions were contained in Pub. L. 100-456, div. A, title XI, 
Sec. 1102, Sept. 29, 1988, 102 Stat. 2042, which was set out as a note 
under section 113 of this title, prior to repeal by Pub. L. 101-189, 
Sec. 1202(b).


                               Amendments

    1991--Subsec. (a). Pub. L. 102-190 designated existing provisions as 
par. (1) and added par. (2).


   Condition on Development of Forward Operating Locations for United 
  States Southern Command Counter-Drug Detection and Monitoring Flights

    Pub. L. 106-65, div. A, title X, Sec. 1024, Oct. 5, 1999, 113 Stat. 
748, provided that:
    ``(a) Condition.--Except as provided in subsection (b), none of the 
funds appropriated or otherwise made available to the Department of 
Defense for any fiscal year may be obligated or expended for the purpose 
of improving the physical infrastructure at any proposed forward 
operating location outside the United States from which the United 
States Southern Command may conduct counter-drug detection and 
monitoring flights until a formal agreement regarding the extent and use 
of, and host nation support for, the forward operating location is 
executed by both the host nation and the United States.
    ``(b) Exception.--The limitation in subsection (a) does not apply to 
an unspecified minor military construction project authorized by section 
2805 of title 10, United States Code.''


           Counter-Drug Detection and Monitoring Systems Plan

    Pub. L. 102-484, div. A, title X, Sec. 1043, Oct. 23, 1992, 106 
Stat. 2492, provided that:
    ``(a) Requirements of Detection and Monitoring Systems.--The 
Secretary of Defense shall establish requirements for counter-drug 
detection and monitoring systems to be used by the Department of Defense 
in the performance of its mission under section 124(a) of title 10, 
United States Code, as lead agency of the Federal Government for the 
detection and monitoring of the transit of illegal drugs into the United 
States. Such requirements shall be designed--
        ``(1) to minimize unnecessary redundancy between counter-drug 
    detection and monitoring systems;
        ``(2) to grant priority to assets and technologies of the 
    Department of Defense that are already in existence or that would 
    require little additional development to be available for use in the 
    performance of such mission;
        ``(3) to promote commonality and interoperability between 
    counter-drug detection and monitoring systems in a cost-effective 
    manner; and
        ``(4) to maximize the potential of using counter-drug detection 
    and monitoring systems for other defense missions whenever 
    practicable.
    ``(b) Evaluation of Systems.--The Secretary of Defense shall 
identify and evaluate existing and proposed counter-drug detection and 
monitoring systems in light of the requirements established under 
subsection (a). In carrying out such evaluation, the Secretary shall--
        ``(1) assess the capabilities, strengths, and weaknesses of 
    counter-drug detection and monitoring systems; and
        ``(2) determine the optimal and most cost-effective combination 
    of use of counter-drug detection and monitoring systems to carry out 
    activities relating to the reconnaissance, detection, and monitoring 
    of drug traffic.
    ``(c) Systems Plan.--Based on the results of the evaluation under 
subsection (b), the Secretary of Defense shall prepare a plan for the 
development, acquisition, and use of improved counter-drug detection and 
monitoring systems by the Armed Forces. In developing the plan, the 
Secretary shall also make every effort to determine which counter-drug 
detection and monitoring systems should be eliminated from the counter-
drug program based on the results of such evaluation. The plan shall 
include an estimate by the Secretary of the full cost to implement the 
plan, including the cost to develop, procure, operate, and maintain 
equipment used in counter-drug detection and monitoring activities 
performed under the plan and training and personnel costs associated 
with such activities.
    ``(d) Report.--Not later than six months after the date of the 
enactment of this Act [Oct. 23, 1992], the Secretary of Defense shall 
submit to Congress a report on the requirements established under 
subsection (a) and the results of the evaluation conducted under 
subsection (b). The report shall include the plan prepared under 
subsection (c).
    ``(e) Limitation on Obligation of Funds.--(1) Except as provided in 
paragraph (2), none of the funds appropriated or otherwise made 
available for the Department of Defense for fiscal year 1993 pursuant to 
an authorization of appropriations in this Act [see Tables for 
classification] may be obligated or expended for the procurement or 
upgrading of a counter-drug detection and monitoring system, for 
research and development with respect to such a system, or for the lease 
or rental of such a system until after the date on which the Secretary 
of Defense submits to Congress the report required under subsection (d).
    ``(2) Paragraph (1) shall not prohibit obligations or expenditures 
of funds for--
        ``(A) any procurement, upgrading, research and development, or 
    lease of a counter-drug detection and monitoring system that is 
    necessary to carry out the evaluation required under subsection (b); 
    or
        ``(B) the operation and maintenance of counter-drug detection 
    and monitoring systems used by the Department of Defense as of the 
    date of the enactment of this Act.
    ``(f) Definition.--For purposes of this section, the term `counter-
drug detection and monitoring systems' means land-, air-, and sea-based 
detection and monitoring systems suitable for use by the Department of 
Defense in the performance of its mission--
        ``(1) under section 124(a) of title 10, United States Code, as 
    lead agency of the Federal Government for the detection and 
    monitoring of the aerial and maritime transit of illegal drugs into 
    the United States; and
        ``(2) to provide support to law enforcement agencies in the 
    detection, monitoring, and communication of the movement of traffic 
    at, near, and outside the geographic boundaries of the United 
    States.''


                  Integration of Communications Network

    Section 1204(a) of Pub. L. 101-189 provided that:
    ``(1) The Secretary of Defense shall integrate into an effective 
communications network the command, control, communications, and 
technical intelligence assets of the United States that are dedicated 
(in whole or in part) to the interdiction of illegal drugs into the 
United States.
    ``(2) The Secretary shall carry out this subsection in consultation 
with the Director of National Drug Control Policy.''


                        Research and Development

    Section 1205 of Pub. L. 101-189 provided that: ``The Secretary of 
Defense shall ensure that adequate research and development activities 
of the Department of Defense, including research and development 
activities of the Defense Advanced Research Projects Agency, are devoted 
to technologies designed to improve--
        ``(1) the ability of the Department to carry out the detection 
    and monitoring function of the Department under section 124 of title 
    10, United States Code, as added by section 1202; and
        ``(2) the ability to detect illicit drugs and other dangerous 
    and illegal substances that are concealed in containers.''


              Training Exercises in Drug-Interdiction Areas

    Section 1206 of Pub. L. 101-189 provided that:
    ``(a) Exercises Required.--The Secretary of Defense shall direct 
that the armed forces, to the maximum extent practicable, shall conduct 
military training exercises (including training exercises conducted by 
the reserve components) in drug-interdiction areas.
    ``(b) Report.--(1) Not later than February 1 of 1991 and 1992, the 
Secretary shall submit to Congress a report on the implementation of 
subsection (a) during the preceding fiscal year.
    ``(2) The report shall include--
        ``(A) a description of the exercises conducted in drug-
    interdiction areas and the effectiveness of those exercises in the 
    national counter-drug effort; and
        ``(B) a description of those additional actions that could be 
    taken (and an assessment of the results of those actions) if 
    additional funds were made available to the Department of Defense 
    for additional military training exercises in drug-interdiction 
    areas for the purpose of enhancing interdiction and deterrence of 
    drug smuggling.
    ``(c) Drug-Interdiction Areas Defined.--For purposes of this 
section, the term `drug-interdiction areas' includes land and sea areas 
in which, as determined by the Secretary, the smuggling of drugs into 
the United States occurs or is believed by the Secretary to have 
occurred.''
