§284. Support for counterdrug activities and activities to counter transnational organized crime
(a)
(1) in the case of support described in subsection (b), such support is requested-
(A) 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
(B) 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
(2) 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.
(b)
(1) The maintenance and repair of equipment that has been made available to any department or agency of the Federal Government or to any State, local, or tribal government by the Department of Defense for the purposes of-
(A) preserving the potential future utility of such equipment for the Department of Defense; and
(B) upgrading such equipment to ensure compatibility of that equipment with other equipment used by the Department.
(2) The maintenance, repair, or upgrading of equipment (including computer software), other than equipment referred to in paragraph (1) for the purpose of-
(A) ensuring that the equipment being maintained or repaired is compatible with equipment used by the Department of Defense; and
(B) upgrading such equipment to ensure the compatibility of that equipment with equipment used by the Department.
(3) 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.
(4) 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.
(5) 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.
(6) The detection, monitoring, and communication of the movement of-
(A) air and sea traffic within 25 miles of and outside the geographic boundaries of the United States; and
(B) 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.
(7) Construction of roads and fences and installation of lighting to block drug smuggling corridors across international boundaries of the United States.
(8) Establishment of command, control, communications, and computer networks for improved integration of law enforcement, active military, and National Guard activities.
(9) The provision of linguist, intelligence analysis, and planning services.
(10) Aerial and ground reconnaissance.
(c)
(1)
(A) 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.
(B) 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.
(C) The detection, monitoring, and communication of the movement of-
(i) air and sea traffic within 25 miles of and outside the geographic boundaries of the United States; and
(ii) surface traffic outside the geographic boundaries of the United States.
(D) 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.
(E) The provision of linguist and intelligence analysis services.
(F) Aerial and ground reconnaissance.
(2)
(d)
(e)
(f)
(g)
(1)
(2)
(h)
(1)
(A) In the case of support for a purpose described in subsection (c)-
(i) the country the capacity of which will be built or enabled through the provision of such support;
(ii) the budget, implementation timeline with milestones, anticipated delivery schedule for support, and completion date for the purpose or project for which support is provided;
(iii) the source and planned expenditure of funds provided for the project or purpose;
(iv) 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;
(v) 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;
(vi) information, including the amount, type, and purpose, about the support provided the country during the three fiscal years preceding the fiscal year for which the support covered by the notice is provided under this section under-
(I) this section;
(II) section 23 of the Arms Export Control Act (22 U.S.C. 2763);
(III) peacekeeping operations;
(IV) the International Narcotics Control and Law Enforcement program under section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291);
(V) Nonproliferation, Anti-Terrorism, Demining, and Related Programs;
(VI) counterdrug activities authorized by section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (
(VII) 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;
(vii) an evaluation of the capacity of the recipient country to absorb the support provided; and
(viii) 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.
(B) 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.
(2)
(3)
(A)
(i) an identification of each recipient of such support;
(ii) a description of the support provided and anticipated duration of such support; and
(iii) a description of the sources and amounts of funds used to provide such support;
(B)
(i) the Committees on Armed Services of the Senate and House of Representatives; and
(ii) any committee with jurisdiction over the department or agency that receives support covered by the report.
(i)
(1) The term "appropriate committees of Congress" means-
(A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate.
(2) The term "Indian tribe" means a Federally recognized Indian tribe.
(3) The term "small scale construction" means construction at a cost not to exceed $1,000,000 for any project.
(4) 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.
(5) The term "tribal law enforcement agency" means the law enforcement agency of a tribal government.
(6) 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.
(Added §384 and renumbered §284,
Editorial Notes
References in Text
Section 376 of this title, referred to in subsecs. (e) and (g)(2), was renumbered section 276 of this title by
Section 1206(a) of the National Defense Authorization Act for Fiscal Years 1990 and 1991, referred to subsec. (f), is section 1206(a) of
Section 375, referred to in subsec. (g)(2), was renumbered section 275 of this title by
Section 1033 of the National Defense Authorization Act for Fiscal Year 1998, referred to in subsec. (h)(1)(A)(vi)(VI), is section 1033 of
Amendments
2023-Subsec. (b)(9).
Subsec. (i)(3).
2021-Subsec. (h)(3).
2019-Subsec. (e).
Subsec. (f).
Subsec. (g)(2).
Subsec. (h)(1)(A)(vi)(VI).
2016-
Statutory Notes and Related Subsidiaries
Cooperation With Mexico
Department of Defense Authority To Provide Assistance To Secure the Southern Land Border of the United States
"(a)
"(1)
"(A)
"(B)
"(2)
"(b)
"(c)
"(1) Deployment of members and units of the regular and reserve components of the Armed Forces to the southern land border of the United States.
"(2) 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.
"(3) Intelligence analysis support.
"(d)
"(e)
"(f)
"(1)
"(A) A description of the assistance provided.
"(B) A description of the Armed Forces, including the reserve components, deployed as part of such assistance, including an identification of-
"(i) 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;
"(ii) the projected length of the deployment and any special pay and incentives for which deployed personnel may qualify during the deployment;
"(iii) any specific pre-deployment training provided for such members of the Armed Forces, including members of the reserve components;
"(iv) 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
"(v) the locations where units so deployed are conducting their assigned mission, together with a map showing such locations.
"(C) A description of any effects of such deployment on military training, operations, readiness, or other military requirements.
"(D) The sources and amounts of funds obligated or expended-
"(i) during the period covered by the report; and
"(ii) during the total period for which such support has been provided.
"(2)
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Executive Documents
Ex. Ord. No. 14167. Clarifying the Military's Role in Protecting the Territorial Integrity of the United States
Ex. Ord. No. 14167, Jan. 20, 2025, 90 F.R. 8613, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
(b) The Armed Forces of the United States have played a long and well-established role in securing our borders against threats of invasion, against unlawful forays by foreign nationals into the United States, and against other transnational criminal activities that violate our laws and threaten the peace, harmony, and tranquility of the Nation. These threats have taken a variety of forms over our Nation's history, but the Armed Forces have consistently played an integral role in protecting the sovereignty of the United States.
(c) Threats against our Nation's sovereignty continue today, and it is essential that the Armed Forces staunchly continue to participate in the defense of our territorial integrity and sovereignty. A National Emergency currently exists along the southern border of the United States. Unchecked unlawful mass migration and the unimpeded flow of opiates across our borders continue to endanger the safety and security of the American people and encourage further lawlessness. Accordingly, through this order, I am acting in accordance with my solemn duty to protect and defend the sovereignty and territorial integrity of the United States along our national borders.
(a) No later than 10 days from the effective date of this order [Jan. 20, 2025], deliver to the President a revision to the Unified Command Plan that assigns United States Northern Command (USNORTHCOM) the mission to seal the borders and maintain the sovereignty, territorial integrity, and security of the United States by repelling forms of invasion including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.
(b) On the effective date of this order, add the following requirements to the Contingency Planning Guidance and Guidance for the Employment of the Force:
(i) A Level 3 planning requirement for USNORTHCOM to seal the borders and maintain the sovereignty, territorial integrity, and security of the United States by repelling forms of invasion, including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities, with a commander's estimate due to the Secretary of Defense within 30 days of the effective date of this order.
(ii) A campaign planning requirement for USNORTHCOM to provide steady-state southern border security, seal the border, and maintain the sovereignty, territorial integrity, and security of the United States by repelling forms of invasion, including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.
(iii) Continuous assessments of all available options to protect the sovereign territory of the United States from mass unlawful entry and impingement on our national sovereignty and security by foreign nations and transnational criminal organizations.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.