
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC382]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
   CHAPTER 18--MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
 
Sec. 382. Emergency situations involving chemical or biological 
        weapons of mass destruction
        
    (a) In General.--The Secretary of Defense, upon the request of the 
Attorney General, may provide assistance in support of Department of 
Justice activities relating to the enforcement of section 175 or 2332c 
\1\ of title 18 during an emergency situation involving a biological or 
chemical weapon of mass destruction. Department of Defense resources, 
including personnel of the Department of Defense, may be used to provide 
such assistance if--
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    \1\ See References in Text note below.
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        (1) the Secretary of Defense and the Attorney General jointly 
    determine that an emergency situation exists; and
        (2) the Secretary of Defense determines that the provision of 
    such assistance will not adversely affect the military preparedness 
    of the United States.

    (b) Emergency Situations Covered.--In this section, the term 
``emergency situation involving a biological or chemical weapon of mass 
destruction'' means a circumstance involving a biological or chemical 
weapon of mass destruction--
        (1) that poses a serious threat to the interests of the United 
    States; and
        (2) in which--
            (A) civilian expertise and capabilities are not readily 
        available to provide the required assistance to counter the 
        threat immediately posed by the weapon involved;
            (B) special capabilities and expertise of the Department of 
        Defense are necessary and critical to counter the threat posed 
        by the weapon involved; and
            (C) enforcement of section 175 or 2332c \1\ of title 18 
        would be seriously impaired if the Department of Defense 
        assistance were not provided.

    (c) Forms of Assistance.--The assistance referred to in subsection 
(a) includes the operation of equipment (including equipment made 
available under section 372 of this title) to monitor, contain, disable, 
or dispose of the weapon involved or elements of the weapon.
    (d) Regulations.--(1) The Secretary of Defense and the Attorney 
General shall jointly prescribe regulations concerning the types of 
assistance that may be provided under this section. Such regulations 
shall also describe the actions that Department of Defense personnel may 
take in circumstances incident to the provision of assistance under this 
section.
    (2)(A) Except as provided in subparagraph (B), the regulations may 
not authorize the following actions:
        (i) Arrest.
        (ii) Any direct participation in conducting a search for or 
    seizure of evidence related to a violation of section 175 or 2332c 
    \1\ of title 18.
        (iii) Any direct participation in the collection of intelligence 
    for law enforcement purposes.

    (B) The regulations may authorize an action described in 
subparagraph (A) to be taken under the following conditions:
        (i) The action is considered necessary for the immediate 
    protection of human life, and civilian law enforcement officials are 
    not capable of taking the action.
        (ii) The action is otherwise authorized under subsection (c) or 
    under otherwise applicable law.

    (e) Reimbursements.--The Secretary of Defense shall require 
reimbursement as a condition for providing assistance under this section 
to the extent required under section 377 of this title.
    (f) Delegations of Authority.--(1) Except to the extent otherwise 
provided by the Secretary of Defense, the Deputy Secretary of Defense 
may exercise the authority of the Secretary of Defense under this 
section. The Secretary of Defense may delegate the Secretary's authority 
under this section only to an Under Secretary of Defense or an Assistant 
Secretary of Defense and only if the Under Secretary or Assistant 
Secretary to whom delegated has been designated by the Secretary to act 
for, and to exercise the general powers of, the Secretary.
    (2) Except to the extent otherwise provided by the Attorney General, 
the Deputy Attorney General may exercise the authority of the Attorney 
General under this section. The Attorney General may delegate that 
authority only to the Associate Attorney General or an Assistant 
Attorney General and only if the Associate Attorney General or Assistant 
Attorney General to whom delegated has been designated by the Attorney 
General to act for, and to exercise the general powers of, the Attorney 
General.
    (g) Relationship to Other Authority.--Nothing in this section shall 
be construed to restrict any executive branch authority regarding use of 
members of the armed forces or equipment of the Department of Defense 
that was in effect before September 23, 1996.

(Added Pub. L. 104-201, div. A, title XIV, Sec. 1416(a)(1), Sept. 23, 
1996, 110 Stat. 2721; amended Pub. L. 105-85, div. A, title X, 
Sec. 1073(a)(6), Nov. 18, 1997, 111 Stat. 1900.)

                       References in Text

    Section 2332c of title 18, referred to in subsecs. (a), (b)(2)(C), 
and (d)(2)(A)(ii), was repealed by Pub. L. 105-277, div. I, title II, 
Sec. 201(c)(1), Oct. 21, 1998, 112 Stat. 2681-871.


                               Amendments

    1997--Subsec. (g). Pub. L. 105-85 substituted ``September 23, 1996'' 
for ``the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 1997''.


Military Assistance to Civil Authorities To Respond to Act or Threat of 
                                Terrorism

    Pub. L. 106-65, div. A, title X, Sec. 1023, Oct. 5, 1999, 113 Stat. 
747, provided that:
    ``(a) Authority to Provide Assistance.--The Secretary of Defense, 
upon the request of the Attorney General, may provide assistance to 
civil authorities in responding to an act of terrorism or threat of an 
act of terrorism, including an act of terrorism or threat of an act of 
terrorism that involves a weapon of mass destruction, within the United 
States, if the Secretary determines that--
        ``(1) special capabilities and expertise of the Department of 
    Defense are necessary and critical to respond to the act of 
    terrorism or the threat of an act of terrorism; and
        ``(2) the provision of such assistance will not adversely affect 
    the military preparedness of the Armed Forces.
    ``(b) Nature of Assistance.--Assistance provided under subsection 
(a) may include the deployment of Department of Defense personnel and 
the use of any Department of Defense resources to the extent and for 
such period as the Secretary of Defense determines necessary to prepare 
for, prevent, or respond to an act or threat of an act of terrorism 
described in that subsection. Actions taken to provide the assistance 
may include the prepositioning of Department of Defense personnel, 
equipment, and supplies.
    ``(c) Reimbursement.--(1) Except as provided in paragraph (2), 
assistance provided under this section shall be provided on a 
reimbursable basis. Notwithstanding any other provision of law, the 
amounts of reimbursement shall be limited to the amounts of the 
incremental costs incurred by the Department of Defense to provide the 
assistance.
    ``(2) In extraordinary circumstances, the Secretary of Defense may 
waive the requirement for reimbursement if the Secretary determines that 
such a waiver is in the national security interests of the United States 
and submits to Congress a notification of the determination.
    ``(3) If funds are appropriated for the Department of Justice to 
cover the costs of responding to an act or threat of an act of terrorism 
for which assistance is provided under subsection (a), the Attorney 
General shall reimburse the Department of Defense out of such funds for 
the costs incurred by the Department in providing the assistance, 
without regard to whether the assistance was provided on a 
nonreimbursable basis pursuant to a waiver under paragraph (2).
    ``(d) Annual Limitation on Funding.--Not more than $10,000,000 may 
be obligated to provide assistance under subsection (a) during any 
fiscal year.
    ``(e) Personnel Restrictions.--In providing assistance under this 
section, a member of the Army, Navy, Air Force, or Marine Corps may not, 
unless otherwise authorized by law--
        ``(1) directly participate in a search, seizure, arrest, or 
    other similar activity; or
        ``(2) collect intelligence for law enforcement purposes.
    ``(f) Nondelegability of Authority.--(1) The Secretary of Defense 
may not delegate to any other official the authority to make 
determinations and to authorize assistance under this section.
    ``(2) The Attorney General may not delegate to any other official 
authority to make a request for assistance under subsection (a).
    ``(g) Relationship to Other Authority.--The authority provided in 
this section is in addition to any other authority available to the 
Secretary of Defense, and nothing in this section shall be construed to 
restrict any authority regarding use of members of the Armed Forces or 
equipment of the Department of Defense that was in effect before the 
date of the enactment of this Act [Oct. 5, 1999].
    ``(h) Definitions.--In this section:
        ``(1) Threat of an act of terrorism.--The term `threat of an act 
    of terrorism' includes any circumstance providing a basis for 
    reasonably anticipating an act of terrorism, as determined by the 
    Secretary of Defense in consultation with the Attorney General and 
    the Secretary of the Treasury.
        ``(2) Weapon of mass destruction.--The term `weapon of mass 
    destruction' has the meaning given the term in section 1403 of the 
    Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 
    2302(1)).
    ``(i) Duration of Authority.--The authority provided by this section 
applies during the period beginning on October 1, 1999, and ending on 
September 30, 2004.''

                  Section Referred to in Other Sections

    This section is referred to in section 372 of this title; title 18 
sections 175a, 229E, 2332e.
