§ 282. Emergency situations involving weapons of mass destruction

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Defense Against Weapons of Mass Destruction Act of 1996

   Pub. L. 104–201 div. A title XIV § 1416(a)(1) · 110 Stat. 2422

   Enacted · 10 U.S.C. § 282

   Added Pub. L. 104–201, div. A, title XIV, § 1416(a)(1), Sept. 23, 1996, 110 Stat. 2721, § 382

   Source evidence

   Code source credit
   Added Pub. L. 104–201, div. A, title XIV, § 1416(a)(1), Sept. 23, 1996, 110 Stat. 2721, § 382

   Enacted provision · exact public law section
   (1) Chapter 18 of title 10, United States Code, is amended by adding at the end the following new 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 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 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 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 the date of the enactment of the National Defense Authorization Act for Fiscal Year 1997.”.

2. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title X § 1073(a)(6) · 111 Stat. 1629

   Substituted · 10 U.S.C. § 282(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (6) Section 382(g) is amended by striking out “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1997” and inserting in lieu thereof “September 23, 1996”.

3. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 § 1075(b)(10)(B) · 124 Stat. 4137

   Struck · 10 U.S.C. § 282

   Pub. L. 111–383, § 1075(b)(10)(B), struck out “chemical or biological” before “weapons” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 111–383, § 1075(b)(10)(B), struck out “chemical or biological” before “weapons” in section catchline.

   Enacted provision · exact public law section
   (B) The heading of such section is amended by striking “chemical or biological”.

4. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 § 1075(b)(10)(A) · 124 Stat. 4137

   Substituted · 10 U.S.C. § 282(a)

   Pub. L. 111–383, § 1075(b)(10)(A), substituted “section 175, 229, or 2332a” for “section 175 or 2332c”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 111–383, § 1075(b)(10)(A), substituted “section 175, 229, or 2332a” for “section 175 or 2332c”.

   Enacted provision · exact public law section
   (A) Section 382 is amended by striking “section 175 or 2332c” in subsections (a), (b)(2)(C), and (d)(2)(A)(ii) and inserting “section 175, 229, or 2332a”.

5. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 § 1075(b)(10)(A) · 124 Stat. 4137

   Substituted · 10 U.S.C. § 282(b)(2)(C); 10 U.S.C. § 282(d)(2)(A)(ii)

   Pub. L. 111–383, § 1075(b)(10)(A), substituted “section 175, 229, or 2332a” for “section 175 or 2332c”

   Source evidence

   Code amendment note
   Subsecs. (b)(2)(C), (d)(2)(A)(ii). Pub. L. 111–383, § 1075(b)(10)(A), substituted “section 175, 229, or 2332a” for “section 175 or 2332c”.

   Enacted provision · exact public law section
   (A) Section 382 is amended by striking “section 175 or 2332c” in subsections (a), (b)(2)(C), and (d)(2)(A)(ii) and inserting “section 175, 229, or 2332a”.

6. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 div. A title X § 1089 · 125 Stat. 1298

   Struck · 10 U.S.C. § 282(a)

   Pub. L. 112–81 struck out “biological or chemical” before “weapon of mass destruction” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 112–81 struck out “biological or chemical” before “weapon of mass destruction” in introductory provisions.

   Enacted provision · exact public law section
   SEC. 1089. TECHNICAL AMENDMENT.   Section 382 of title 10, United States Code, is amended by striking “biological or chemical” each place it appears in subsections (a) and (b).

7. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 div. A title X § 1089 · 125 Stat. 1298

   Struck · 10 U.S.C. § 282(b)

   Pub. L. 112–81 struck out “biological or chemical” before “weapon of mass destruction” in two places in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 112–81 struck out “biological or chemical” before “weapon of mass destruction” in two places in introductory provisions.

   Enacted provision · exact public law section
   SEC. 1089. TECHNICAL AMENDMENT.   Section 382 of title 10, United States Code, is amended by striking “biological or chemical” each place it appears in subsections (a) and (b).

8. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title XII § 1241(a)(2) · 130 Stat. 2000

   Changed · 10 U.S.C. § 282

   Pub. L. 114–328 renumbered section 382 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 114–328 renumbered section 382 of this title as this section.

   Enacted provision · exact public law section
   (2) by redesignating sections 261, 311, 312, 331, 332, 333, 334, 335, 351, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, and 384 (as added by section 1011 of this Act) as sections 241, 246, 247, 251, 252, 253, 254, 255, 261, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284, respectively; and

8 of 8 references resolved to an enrolled provision