Authority for Joint Task Forces to Provide Support to Law Enforcement Agencies Conducting Counter-Terrorism Activities
Pub. L. 108–136, div. A, title X, § 1022, Nov. 24, 2003, 117 Stat. 1594, as amended by Pub. L. 109–163, div. A, title X, § 1022, Jan. 6, 2006, 119 Stat. 3427; Pub. L. 110–181, div. A, title X, § 1021, Jan. 28, 2008, 122 Stat. 304; Pub. L. 110–417, [div. A], title X, § 1022, Oct. 14, 2008, 122 Stat. 4586; Pub. L. 111–84, div. A, title X, § 1012, Oct. 28, 2009, 123 Stat. 2441; Pub. L. 111–383, div. A, title X, § 1012(a)–(b)(2), Jan. 7, 2011, 124 Stat. 4346, 4347; Pub. L. 112–81, div. A, title X, § 1004(a), Dec. 31, 2011, 125 Stat. 1556; Pub. L. 112–239, div. A, title X, § 1011, Jan. 2, 2013, 126 Stat. 1907; Pub. L. 113–66, div. A, title X, § 1012, Dec. 26, 2013, 127 Stat. 844; Pub. L. 113–291, div. A, title X, § 1014, Dec. 19, 2014, 128 Stat. 3484, provided that:
A joint task force of the Department of Defense that provides support to law enforcement agencies conducting counter-drug activities may also provide, subject to all applicable laws and regulations, support to law enforcement agencies conducting counter-terrorism activities or counter-transnational organized crime activities.
“(b)Availability of Funds.—
During fiscal years 2006 through 2020, funds for drug interdiction and counter-drug activities that are available to a joint task force to support counter-drug activities may also be used to provide the counter-terrorism or counter-transnational organized crime support authorized by subsection (a).
“(c)Annual Report.—Not later than December 31 of each year in which the authority in subsection (a) is in effect, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives] a report setting forth, for the one-year period ending on the date of such report, the following:
An assessment of the effect on counter-drug, counter-transnational organized crime, and counter-terrorism activities and objectives of using counter-drug funds of a joint task force to provide counter-terrorism or counter-transnational organized crime support authorized by subsection (a).
A description of the type of support and any recipient of support provided under subsection (a), and a description of the objectives of such support.
A list of current joint task forces exercising the authority under subsection (a).
A certification by the Secretary of Defense that any support provided under subsection (a) during such one-year period was provided in compliance with the requirements of subsection (d).
Any support provided under subsection (a) may only be provided in the geographic area of responsibility of the joint task force.
Support for counter-terrorism or counter-transnational organized crime activities provided under subsection (a) may only be provided if the Secretary of Defense determines that the objectives of using the counter-drug funds of any joint task force to provide such support relate significantly to the objectives of providing support for counter-drug activities by that joint task force or any other joint task force.
The Secretary of Defense may waive the requirements of subparagraph (A) if the Secretary determines that such a waiver is vital to the national security interests of the United States. The Secretary shall promptly submit to the congressional defense committees notice in writing of any waiver issued under this subparagraph, together with a description of the vital national security interests associated with the support covered by such waiver.
In this section, the term ‘transnational organized crime’ has the meaning given such term in section 1004(j) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510
; 10 U.S.C. 374
For purposes of applying the definition of transnational organized crime under paragraph (1) to this section, the term ‘illegal means’, as it appears in such definition, includes the trafficking of money, human trafficking, illicit financial flows, illegal trade in natural resources and wildlife, trade in illegal drugs and weapons, and other forms of illegal means determined by the Secretary of Defense.”
[Pub. L. 112–81, div. A, title X, § 1004(b), Dec. 31, 2011, 125 Stat. 1556, provided that:
“The authority in section 1022 of the National Defense Authorization Act for Fiscal Year 2004 [Pub. L. 108–136
, set out above], as amended by subsection (a), may not be exercised unless the Secretary of Defense certifies to Congress, in writing, that the Department of Defense is in compliance with the provisions of paragraph (2) of subsection (d) of such section, as added by section 1012(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383
; 124 Stat. 4346