10 U.S.C. § 124 — Detection and monitoring of aerial and

Page 141 TITLE 10—ARMED FORCES § 124 United States Code, as added by subsection (a), does not apply with respect to a fiscal year before fiscal year 1996.’’ § 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 De- fense shall serve as the single lead agency of the Federal Government for the detection and moni- toring 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 for- eign law enforcement agencies. (b) PERFORMANCE OF DETECTION AND MONI- TORING FUNCTION.—(1) To carry out subsection (a), Department of Defense personnel may oper- ate 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 air- craft 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, com- monwealth, or possession of the United States. (Added Pub. L. 101–189, div. A, title XII, § 1202(a)(1), Nov. 29, 1989, 103 Stat. 1563; amended Pub. L. 102–190, div. A, title X, § 1088(b), Dec. 5, 1991, 105 Stat. 1485.) Editorial Notes PRIOR PROVISIONS A prior section 124, added Pub. L. 87–651, title II, § 201(a), Sept. 7, 1962, 76 Stat. 514; amended Pub. L. 98–525, title XIII, § 1301(a), Oct. 19, 1984, 98 Stat. 2611; Pub. L. 99–145, title XIII, § 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, § 211(c)(1). See section 161 et seq. of this title. Similar provisions were contained in Pub. L. 100–456, div. A, title XI, § 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, § 1202(b). AMENDMENTS 1991—Subsec. (a). Pub. L. 102–190 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries SUPPORT FOR COUNTERDRUG ACTIVITIES AFFECTING FLOW OF DRUGS INTO THE UNITED STATES Pub. L. 118–159, div. A, title X, § 1011, Dec. 23, 2024, 138 Stat. 2050, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary shall prescribe Department-wide guidance that establishes support for counterdrug activities and programs affecting the flow of drugs into the United States as the principal foreign counterdrug program priority of the Department.’’ AUTHORITY FOR DETECTION AND MONITORING OF ILLEGAL DRUGS REGARDLESS OF DESTINATION Pub. L. 118–159, div. A, title X, § 1012, Dec. 23, 2024, 138 Stat. 2050, provided that: ‘‘In conducting detection and monitoring of illegal drugs under section 124 of title 10, United States Code, the Joint Interagency Task Force South may conduct detection and monitoring of vessels or aircraft transiting illegal drugs in the air and mari- time domains within the established joint operating area of such task force regardless of the destination of the illegal drugs.’’ 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, § 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 avail- able to the Department of Defense for any fiscal year may be obligated or expended for the purpose of im- proving 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 con- struction 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, § 1043, Oct. 23, 1992, 106 Stat. 2492, provided that: ‘‘(a) REQUIREMENTS OF DETECTION AND MONITORING SYSTEMS.—The Secretary of Defense shall establish re- quirements 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 re- quirements 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 exist- ence or that would require little additional develop- ment to be available for use in the performance of such mission; ‘‘(3) to promote commonality and interoperability between counter-drug detection and monitoring sys- tems in a cost-effective manner; and ‘‘(4) to maximize the potential of using counter- drug detection and monitoring systems for other de- fense missions whenever practicable. ‘‘(b) EVALUATION OF SYSTEMS.—The Secretary of De- fense 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 weak- nesses of counter-drug detection and monitoring sys- tems; 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 eval- uation under subsection (b), the Secretary of Defense shall prepare a plan for the development, acquisition, and use of improved counter-drug detection and moni- toring systems by the Armed Forces. In developing the plan, the Secretary shall also make every effort to de- Page 142 TITLE 10—ARMED FORCES § 125 termine 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 activi- ties performed under the plan and training and per- sonnel 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 sub- section (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 appro- priated or otherwise made available for the Depart- ment of Defense for fiscal year 1993 pursuant to an au- thorization 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 Sec- retary of Defense submits to Congress the report re- quired under subsection (d). ‘‘(2) Paragraph (1) shall not prohibit obligations or expenditures of funds for— ‘‘(A) any procurement, upgrading, research and de- velopment, 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 enact- ment 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 moni- toring 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 mari- time 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 geo- graphic boundaries of the United States.’’ INTEGRATION OF COMMUNICATIONS NETWORK Pub. L. 101–189, div. A, title XII, § 1204(a), Nov. 29, 1989, 103 Stat. 1564, provided that: ‘‘(1) The Secretary of Defense shall integrate into an effective communications network the command, con- trol, 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 Con- trol Policy.’’ RESEARCH AND DEVELOPMENT Pub. L. 101–189, div. A, title XII, § 1205, Nov. 29, 1989, 103 Stat. 1564, provided that: ‘‘The Secretary of Defense shall ensure that adequate research and development activities of the Department of Defense, including re- search and development activities of the Defense Ad- vanced Research Projects Agency, are devoted to tech- nologies 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 Pub. L. 101–189, div. A, title XII, § 1206, Nov. 29, 1989, 103 Stat. 1564, provided that: ‘‘(a) EXERCISES REQUIRED.—The Secretary of Defense shall direct that the armed forces, to the maximum ex- tent practicable, shall conduct military training exer- cises (including training exercises conducted by the re- serve components) in drug-interdiction areas. ‘‘(b) REPORT.—(1) Not later than February 1 of 1991 and 1992, the Secretary shall submit to Congress a re- port 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 pur- poses 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.’’ § 125. Functions, powers, and duties: transfer, re- assignment, consolidation, or abolition (a) Subject to section 2 of the National Secu- rity Act of 1947 (50 U.S.C. 3002), the Secretary of Defense shall take appropriate action (including the transfer, reassignment, consolidation, or abolition of any function, power, or duty) to pro- vide more effective, efficient, and economical administration and operation, and to eliminate duplication, in the Department of Defense. How- ever, except as provided by subsections (b) and (c), a function, power, or duty vested in the De- partment of Defense, or an officer, official, or agency thereof, by law may not be substantially transferred, reassigned, consolidated, or abol- ished. (b) Notwithstanding subsection (a), if the President determines it to be necessary because of hostilities or an imminent threat of hos- tilities, any function, power, or duty vested by law in the Department of Defense, or an officer, official, or agency thereof, including one as- signed to the Army, Navy, Air Force, Marine Corps, or Space Force by section 7062(b), 8062, 8063, 9062(c), or 9081 of this title, may be trans- ferred, reassigned, or consolidated. The transfer, reassignment, or consolidation remains in effect until the President determines that hostilities have terminated or that there is no longer an imminent threat of hostilities, as the case may be. (c) Notwithstanding subsection (a), the Sec- retary of Defense may assign or reassign the de- velopment and operational use of new weapons or weapons systems to one or more of the mili- tary departments or one or more of the armed forces. (Added Pub. L. 87–651, title II, § 201(a), Sept. 7, 1962, 76 Stat. 515; amended Pub. L. 89–501, title IV, § 401, July 13, 1966, 80 Stat. 278; Pub. L. 98–525, title XIV, § 1405(1), Oct. 19, 1984, 98 Stat. 2621; Pub. L. 99–433, title I, § 103, title III, § 301(b)(1), title V, § 514(c)(1), Oct. 1, 1986, 100 Stat. 996, 1022,