10 U.S.C. § 284: Support for counterdrug activities and activities to counter transnational organized crime

by the official who has responsibility for the counterdrug activities or activities to counter transnational organized crime of the department or agency of the Federal Government, in the case of support for other departments or agencies of the Federal Government; or by the appropriate official of a State, local, or tribal government, in the case of support for State, local, or tribal law enforcement agencies; or in the case of support described in subsection (c), such support is requested by an appropriate official of a department or agency of the Federal Government, in coordination with the Secretary of State, that has counterdrug responsibilities or responsibilities for countering transnational organized crime. preserving the potential future utility of such equipment for the Department of Defense; and upgrading such equipment to ensure compatibility of that equipment with other equipment used by the Department. ensuring that the equipment being maintained or repaired is compatible with equipment used by the Department of Defense; and upgrading such equipment to ensure the compatibility of that equipment with equipment used by the Department. 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 counterdrug activities or activities to counter transnational organized crime within or outside the United States. The establishment (including an unspecified minor military construction project) and operation of bases of operations or training facilities for the purpose of facilitating counterdrug activities or activities to counter transnational organized crime of the Department of Defense or any Federal, State, local, or tribal law enforcement agency within or outside the United States. Counterdrug or counter-transnational organized crime related training of law enforcement personnel of the Federal Government, of State, local, and tribal governments, including associated support expenses for trainees and the provision of materials necessary to carry out such training. air and sea traffic within 25 miles of and outside the geographic boundaries of the United States; and 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. Construction of roads and fences and installation of lighting to block drug smuggling corridors across international boundaries of the United States. Establishment of command, control, communications, and computer networks for improved integration of law enforcement, active military, and National Guard activities. The provision of linguist, intelligence analysis, and planning services. Aerial and ground reconnaissance. 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 counterdrug activities or activities to counter transnational organized crime within or outside the United States. The establishment (including small scale construction) and operation of bases of operations or training facilities for the purpose of facilitating counterdrug activities or activities to counter transnational organized crime of a foreign law enforcement agency outside the United States. air and sea traffic within 25 miles of and outside the geographic boundaries of the United States; and surface traffic outside the geographic boundaries of the United States. Establishment of command, control, communications, and computer networks for improved integration of United States Federal and foreign law enforcement entities and United States Armed Forces. The provision of linguist and intelligence analysis services. Aerial and ground reconnaissance. In providing support for a purpose described in this subsection, the Secretary shall coordinate with the Secretary of State. In carrying out subsection (a), the Secretary 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. Notwithstanding section 276 of this title , the Secretary 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. In providing support pursuant to subsection (a), the Secretary 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 )) for the purpose of aiding civilian law enforcement agencies. The authority provided in this section for the support of counterdrug activities or activities to counter transnational organized crime by the Department of Defense is in addition to, and except as provided in paragraph (2), not subject to the other requirements of this chapter. Support under this section shall be subject to the provisions of section 275 and, except as provided in subsection (e), section 276 of this title . the country the capacity of which will be built or enabled through the provision of such support; the budget, implementation timeline with milestones, anticipated delivery schedule for support, and completion date for the purpose or project for which support is provided; the source and planned expenditure of funds provided for the project or purpose; a description of the arrangements, if any, for the sustainment of the project or purpose and the source of funds to support sustainment of the capabilities and performance outcomes achieved using such support, if applicable; a description of the objectives for the project or purpose and evaluation framework to be used to develop capability and performance metrics associated with operational outcomes for the recipient; this section; section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ); peacekeeping operations; the International Narcotics Control and Law Enforcement program under section 481 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291 ); Nonproliferation, Anti-Terrorism, Demining, and Related Programs; counterdrug activities authorized by section 1033 of the National Defense Authorization Act for Fiscal Year 1998 ( Public Law 105–85 ); or any other significant program, account, or activity for the provision of security assistance that the Secretary of Defense and the Secretary of State consider appropriate; an evaluation of the capacity of the recipient country to absorb the support provided; and an evaluation of the manner in which the project or purpose for which the support is provided fits into the theater security cooperation strategy of the applicable geographic combatant command. In the case of support for a purpose described in subsection (b) or (c), a description of any small scale construction project for which support is provided. In providing notice under this subsection for a purpose described in subsection (c), the Secretary of Defense shall coordinate with the Secretary of State. an identification of each recipient of such support; a description of the support provided and anticipated duration of such support; a description of the sources and amounts of funds used to provide such support; a description of the arrangements, if any, for the sustainment of the support, project, or purpose and the source of funds to support sustainment of the capabilities and performance outcomes achieved using such support, if applicable; a description of the objectives for the support, project, or purpose; and this section; or counterdrug activities authorized by section 1033 of the National Defense Authorization Act for Fiscal Year 1998 ( Public Law 105–85 ; 111 Stat. 1811 ). the congressional defense committees; and any committee with jurisdiction over the department or agency that receives support covered by the report. the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate. The term “Indian tribe” means a Federally recognized Indian tribe. The term “small scale construction” means construction at a cost not to exceed $1,000,000 for any project. The term “tribal government” means the governing body of an Indian tribe, the status of whose land is “Indian country” as defined in section 1151 of title 18 or held in trust by the United States for the benefit of the Indian tribe. The term “tribal law enforcement agency” means the law enforcement agency of a tribal government. The term “transnational organized crime” means self-perpetuating associations of individuals who operate transnationally for the purpose of obtaining power, influence, monetary, or commercial gains, wholly or in part by illegal means, while protecting their activities through a pattern of corruption or violence or through a transnational organization structure and the exploitation of transnational commerce or communication mechanisms. Not later than 180 days after the date of the enactment of this Act [ Dec. 18, 2025 ], the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on operations at the southern land border of the United States. combating transnational organized crime in the United States Northern Command and the United States Southern Command areas of responsibility; reducing the cross-border flow of illicit synthetic drugs, including fentanyl, fentanyl analogs, and fentanyl precursors; and reducing the cross-border illicit trade of firearms and human trafficking; the steady-state plan and posture of the Department of Defense on the southern land border; the assessment of the Department of Defense of the operational and readiness impact under the Department’s steady-state plan and posture on the southern land border, and any revisions of such plan and posture; the operations of the Department of Defense along the southern land border; or the Department of Homeland Security or any of its components; the funding sources for the current operations of the Department of Defense along the southern land border; the use-of-force policy and training of the Department of Defense related to operations along the southern land border; and any challenges the Department of Defense has faced in the execution of the efforts described in subparagraphs (A) and (F). Not later than 180 days after the date on which the Secretary submits the report required under subsection (a), and not less frequently than once every 180 days thereafter until the termination of the national emergency declared by Proclamation 100886 (90 Fed. Reg. 8327; relating to a Declaration of a National Emergency at the Southern Border of the United States), Executive Order 14165 (90 Fed. Reg. 8467; relating to Security Our Borders), and Executive Order 14167 (90 Fed. Reg. 8613; relating to Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States), the Commander of the United States Northern Command shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report containing updates to the information included in the report required under subsection (a).” The Secretary of Defense may provide assistance to U.S. Customs and Border Protection for purposes of increasing ongoing efforts to secure the southern land border of the United States in accordance with the requirements of this section. If the Secretary provides assistance under subparagraph (A), the Secretary shall ensure that the provision of the assistance will not negatively affect military training, operations, readiness, or other military requirements. Detection and monitoring. Warehousing and logistical supply chain. Transportation. Vehicle maintenance. Training other than lead or primary instructor. Intelligence analysis. Linguist. Data entry. Aviation. Not later than 7 days after the date on which the Secretary approves a request for assistance from the Department of Homeland Security under paragraph (1), the Secretary shall electronically transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives notice of such approval. Assistance under subsection (a) shall be provided with the concurrence of the Secretary of Homeland Security. Deployment of members and units of the regular and reserve components of the Armed Forces to the southern land border of the United States. Deployment of manned aircraft, unmanned aerial surveillance systems, and ground-based surveillance systems to support continuous surveillance of the southern land border of the United States. Intelligence analysis support. The Secretary of Defense is authorized to deploy such materiel and equipment and logistics support as is necessary to ensure the effectiveness of assistance provided under subsection (a). Of the amounts authorized to be appropriated for the Department of Defense by this Act [see Tables for classification], the Secretary of Defense may use up to $75,000,000 to provide assistance under subsection (a). A description of the assistance provided. the members of the Armed Forces, including members of the reserve components, deployed, including specific information about unit designation, size of unit, and whether any personnel in the unit deployed under section 12302 of title 10 , United States Code; the projected length of the deployment and any special pay and incentives for which deployed personnel may qualify during the deployment; any specific pre-deployment training provided for such members of the Armed Forces, including members of the reserve components; the specific missions and tasks, by location, that are assigned to the members of the Armed Forces, including members of the reserve components, who are so deployed; and the locations where units so deployed are conducting their assigned mission, together with a map showing such locations. A description of any effects of such deployment on military training, operations, readiness, or other military requirements. during the period covered by the report; and during the total period for which such support has been provided. Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex.”