Us Code § 282 - Emergency situations involving weapons of mass destruction
Full text of Us Code United States Code § 282 — Emergency situations involving weapons of mass destruction, with citation guidance and answers to common questions.
§ 282. Emergency situations involving weapons of mass destruction
(a)
(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)
(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, 229, or 2332a of title 18 would be seriously impaired if the Department of Defense assistance were not provided.
(c)
(d)
(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, 229, or 2332a 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)
(f)
(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)
(Added Pub. L. 104–201, div. A, title XIV, §1416(a)(1), Sept. 23, 1996, 110 Stat. 2721, §382; amended Pub. L. 105–85, div. A, title X, §1073(a)(6), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 111–383, div. A, title X, §1075(b)(10)(A), (B), Jan. 7, 2011, 124 Stat. 4369; Pub. L. 112–81, div. A, title X, §1089, Dec. 31, 2011, 125 Stat. 1603; renumbered §282, Pub. L. 114–328, div. A, title XII, §1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
Editorial Notes
References in Text
Section 372 of this title, referred to in subsec. (c), was renumbered section 272 of this title by Pub. L. 114–328, div. A, title XII, §1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.
Section 377 of this title, referred to in subsec. (e), was renumbered section 277 of this title by Pub. L. 114–328, div. A, title XII, §1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.
Amendments
2016—Pub. L. 114–328 renumbered section 382 of this title as this section.
2011—Pub. L. 111–383, §1075(b)(10)(B), struck out "chemical or biological" before "weapons" in section catchline.
Subsec. (a). Pub. L. 112–81 struck out "biological or chemical" before "weapon of mass destruction" in introductory provisions.
Pub. L. 111–383, §1075(b)(10)(A), substituted "section 175, 229, or 2332a" for "section 175 or 2332c".
Subsec. (b). Pub. L. 112–81 struck out "biological or chemical" before "weapon of mass destruction" in two places in introductory provisions.
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".
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".
Statutory Notes and Related Subsidiaries
Military Assistance to Civil Authorities To Respond to Act or Threat of Terrorism
Pub. L. 106–65, div. A, title X, §1023, Oct. 5, 1999, 113 Stat. 747, authorized the Secretary of Defense, upon the request of the Attorney General, to provide assistance to civil authorities in responding to an act of terrorism or threat of an act of terrorism within the United States, if the Secretary determined that certain conditions were met, subject to reimbursement and limitations on funding and personnel, and provided that this authority applied between Oct. 1, 1999, and Sept. 30, 2004.
About This Section
10 U.S.C. § 282 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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