§283 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense can help the Department of Justice when the Attorney General asks for help with enforcing the law against bombings of public places, government buildings, public transit, and infrastructure (18 U.S.C. 2332f). Military explosive ordnance disposal teams can also help the Justice Department in emergencies involving weapons of mass destruction tied to certain crimes (18 U.S.C. 175, 229, or 2332a), but they must follow any other applicable rules in law. The Secretary of Defense and the Attorney General must make joint rules saying what kinds of help the military can give and what actions military people may take. Those rules usually cannot let the military make arrests, directly take part in searches or seizures for those crimes, or collect law-enforcement intelligence, unless doing so is immediately needed to save lives and civilian officers cannot act, or another law already allows it. Explosive ordnance means bombs and similar explosive weapons and munitions, including devices that use explosives, propellants, nuclear, biological, or chemical materials.

Title 10, §283

Armed Forces — Source: USLM XML via OLRC

(a)Upon the request of the Attorney General, the Secretary of Defense may provide assistance in support of Department of Justice activities related to the enforcement of section 2332f of title 18 during situations involving bombings of places of public use, Government facilities, public transportation systems, and infrastructure facilities.

(b)Military explosive ordnance disposal units providing rendering-safe support to Department of Justice activities relating to the enforcement of section 175, 229, or 2332a of title 18 in emergency situations involving weapons of mass destruction shall provide such support in a manner consistent with the provisions of section 382 11 See References in Text note below. of this title.

(c)(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 prescribed under paragraph (1) may not authorize any of 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)Such 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 (a) or under otherwise applicable law.

(d)The term “explosive ordnance”—

(1)means—

(A)bombs and warheads;

(B)guided and ballistic missiles;

(C)artillery, mortar, rocket, and small arms ammunition;

(D)all mines, torpedoes, and depth charges;

(E)grenades demolition charges;

(F)pyrotechnics;

(G)clusters and dispensers;

(H)cartridge- and propellant- actuated devices;

(I)electroexplosives devices;

(J)clandestine and improvised explosive devices; and

(K)all similar or related items or components explosive in nature; and

(2)includes all munitions containing explosives, propellants, nuclear fission or fusion materials, and biological and chemical agents.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 382 of this title, referred to in subsec. (b), was renumbered section 282 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 383 of this title as this section.

§283 Situations Involving Bombings of Places of Public Use, Government Facilities, Public Transportation Systems, and Infrastructure Facilities