10 U.S.C. § 382 : US Code - Section 382: Emergency situations involving chemical or biological weapons of mass destruction

Search 10 U.S.C. § 382 : US Code - Section 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 -
(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.