§283 Situations involving bombings of places of public use, Government facilities, public transportation systems, and infrastructure facilities

Summary

The Secretary of Defense can help the Attorney General and the Justice Department when there are bombings of public places, government buildings, public transit, or infrastructure, if the Attorney General asks for that help to enforce the federal bombing law (18 U.S.C. 2332f). Military explosive ordnance disposal (EOD) teams may also make explosives safe in emergencies involving weapons of mass destruction while helping to enforce other federal laws (18 U.S.C. 175, 229, and 2332a). When they do that, they must follow the rules in 10 U.S.C. 382. The Secretary of Defense and the Attorney General must write joint rules that say what help the military can give and what actions military personnel may take. Those rules normally do not allow the military to make arrests, take part directly in searches or seizures for those crimes, or gather intelligence for law enforcement. An exception is allowed if the action is needed right away to save lives, civilian police cannot do it, and the action is otherwise allowed by the request or other law. Explosive ordnance means bombs, missiles, ammunition, mines, grenades, demolition and pyrotechnic devices, improvised explosive devices, and other similar munitions, including ones that contain explosives, propellants, or nuclear, biological, or chemical materials.