§ 382. Emergency situations involving 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,
229, or
2332a 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—
(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—
(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;
(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:
(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.