Page:United States Statutes at Large Volume 95.djvu/1142

 95 STAT. 1116

Emergency circumstance.

PUBLIC LAW 97-86—DEC. 1, 1981

"(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.

10 USC 375.

"§ 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.

10 USC 376.

"§ 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.

10 USC 377.

"§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.

10 USC 878.

"§ 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) The tables of chapters at the beginning of subtitle A of such title and at the beginning of part I of subtitle A of such title are amended by adding after the item relating to chapter 17 the following new item: "18. Military Cooperation With Civilian Law Enforcement Officials

Report to Congress.

371".

(b) Not later than 30 days after the end of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit a comprehensive report to Congress on the operation through the end of such period of chapter 18 of title 10, United States Code (as added by subsection (a)). Such report shall include findings of the Secretary concerning the effect of assistance provided under such chapter.

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