PUBLIC LAW 106-65—OCT. 5, 1999 113 STAT. 747 SEC. 1023. MILITARY ASSISTANCE TO CIVIL AUTHORITIES TO 10 USC 382 note. RESPOND TO ACT OR THREAT OF TERRORISM. (a) AUTHORITY TO PROVIDE ASSISTANCE.— The Secretary of Defense, upon the request of the Attorney General, may provide assistance to civil authorities in responding to an act of terrorism or threat of an act of terrorism, including an act of terrorism or threat of an act of terrorism that involves a weapon of mass destruction, within the United States, if the Secretary determines that— (1) special capabilities and expertise of the Department of Defense are necessary and critical to respond to the act of terrorism or the threat of an act of terrorism; and (2) the provision of such assistance will not adversely affect the military preparedness of the Armed Forces. (b) NATURE OF ASSISTANCE.— Assistance provided under subsection (a) may include the deplo5anent of Department of Defense personnel and the use of any Department of Defense resources to the extent and for such period as the Secretary of Defense determines necessary to prepare for, prevent, or respond to an act or threat of an act of terrorism described in that subsection. Actions taken to provide the assistance may include the prepositioning of Department of Defense personnel, equipment, and supplies. (c) REIMBURSEMENT.— (1) Except as provided in paragraph (2), assistance provided under this section shall be provided on a reimbursable basis. Notwithstanding any other provision of law, the amounts of reimbursement shall be limited to the amounts of the incremental costs incurred by the Department of Defense to provide the assistance. (2) In extraordinary circumstances, the Secretary of Defense may waive the requirement for reimbursement if the Secretary determines that such a waiver is in the national security interests of the United States and submits to Congress a notification of the determination. (3) If funds are appropriated for the Department of Justice to cover the costs of responding to an act or threat of an act of terrorism for which assistance is provided under subsection (a), the Attorney General shall reimburse the Department of Defense out of such funds for the costs incurred by the Department in providing the assistance, without regard to whether the assistance was provided on a nonreimbursable basis pursuant to a waiver under paragraph (2). (d) ANNUAL LIMITATION ON FUNDING. —Not more than $10,000,000 may be obligated to provide assistance under subsection (a) during any fiscal year. (e) PERSONNEL RESTRICTIONS. —In providing assistance under this section, a member of the Army, Navy, Air Force, or Marine Corps may not, unless otherwise authorized by law— (1) directly participate in a search, seizure, arrest, or other similar activity; or (2) collect intelligence for law enforcement purposes. (f) NONDELEGABILITY OF AUTHORITY.— (1) The Secretary of Defense may not delegate to any other official the authority to make determinations and to authorize assistance under this section. (2) The Attorney General may not delegate to any other official authority to make a request for assistance under subsection (a).
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