Drug War Exception to Posse Comitatus Act
"Late in 1988, the U.S. military’s active participation in America’s fight against illegal narcotics was further expanded by the George W. Bush administration through Public Law 100-456 that created amendments to USC Title 10, Chapter 18.22 The changes to public law now required the Department of Defense (DoD ) 'to serve as the lead agency for the detection and monitoring of aerial and maritime transit of illegal drugs into the United States.'23 It also required the DoD, 'to the maximum extent practicable,' to consider the needs of civil law enforcement agencies when planning and conducting military training or operations.24 The Secretary of Defense was now authorized to not only make available military equipment and facilities for law enforcement authorities, but also the personnel to train law enforcement agents in the operation and maintenance of equipment. Finally, Public Law 100 -456 authorized the DoD to provide the funds 'sufficient to pay for all expenses of the National Guard of such State when engaged in drug interdiction assistance activities.'25"
Luoma, Jr., Benjamin C.," The U.S. Military and Security along the U.S. Mexico Border: Evaluation of its Role in the Post September 11th Era," Naval Postgraduate School (Monterey, California: December 2002), p. 11.