MILITARY ASSISTANCE TO CIVILIAN LAW ENFORCEMENT OFFICIALS IN EMERGENCY SITUATIONS INVOLVING BIOLOGICAL OR CHEMICAL WEAPONS.

SEC. 1416. MILITARY ASSISTANCE TO CIVILIAN LAW ENFORCEMENT OFFICIALS IN EMERGENCY SITUATIONS INVOLVING BIOLOGICAL OR CHEMICAL WEAPONS. (a) Assistance Authorized.— (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— 110 STAT. 2722 “(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 110 STAT. 2723regarding 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) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “382. Emergency situations involving chemical or biological weapons of mass destruction.”. (b) Conforming Amendment to Condition for Providing Equipment and Facilities.— Section 372(b)(1) of title 10, United States Code, is amended by adding at the end the following new sentence: “The requirement for a determination that an item is not reasonably available from another source does not apply to assistance provided under section 382 of this title pursuant to a request of the Attorney General for the assistance.”. (c) Conforming Amendments Relating to Authority To Request Assistance.— (1) (A) Chapter 10 of title 18, United States Code, is amended by inserting after section 175 the following new section: “§ 175a. Requests for military assistance to enforce prohibition in certain emergencies “The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 175 of this title in an emergency situation involving a biological weapon of mass destruction. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.”. (B) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 175 the following new item: “175a. Requests for military assistance to enforce prohibition in certain emergencies.”. (2) (A) The chapter 133B of title 18, United States Code, that relates to terrorism is amended by inserting after section 2332c the following new section: “§ 2332d. Requests for military assistance to enforce prohibition in certain emergencies “The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 2332c of this title during an emergency situation involving a chemical weapon of mass destruction. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.”. (B) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2332c the following new item: “2332d. Requests for military assistance to enforce prohibition in certain emergencies.”. (d) Civilian Expertise.— The President shall take reasonable measures to reduce the reliance of civilian law enforcement officials on Department of Defense resources to counter the threat posed by the use or potential use of biological and chemical weapons 110 STAT. 2724of mass destruction within the United States. The measures shall include— (1) actions to increase civilian law enforcement expertise to counter such a threat; and (2) actions to improve coordination between civilian law enforcement officials and other civilian sources of expertise, within and outside the Federal Government, to counter such a threat. (e) Reports.— The President shall submit to Congress the following reports: (1) Not later than 90 days after the date of the enactment of this Act, a report describing the respective policy functions and operational roles of Federal agencies in countering the threat posed by the use or potential use of biological and chemical weapons of mass destruction within the United States. (2) Not later than one year after such date, a report describing— (A) the actions planned to be taken to carry out subsection (d); and (B) the costs of such actions. (3) Not later than three years after such date, a report updating the information provided in the reports submitted pursuant to paragraphs (1) and (2), including the measures taken pursuant to subsection (d).