10 U.S.C. § 283 — Situations involving bombings of places of public use, Government facilities, public transportation systems, and infrastructure facilities

submitted 11 years ago by Pub. L. 114-92 to r/title-10-ARMED-FORCES · 371 words · no verdicts yet

in plain englishAI-generated · not legal advice

If there's a bombing of a public place or government building, the Attorney General can ask the Secretary of Defense for help. Military bomb-disposal teams can also help during weapons-of-mass-destruction emergencies. The military usually cannot arrest people or search for evidence, except to save lives when police cannot.

(a) In General: If the Attorney General asks, the Secretary of Defense may have the military help the Department of Justice enforce the law against bombing public places, government buildings, public transportation, and infrastructure (section 2332f of title 18). (b) Rendering-safe Support: Military units that disarm bombs (explosive ordnance disposal units) can support the Department of Justice's enforcement of laws about biological weapons, chemical weapons, and weapons of mass destruction (sections 175, 229, and 2332a of title 18) during emergencies. When they do, they must follow the rules in section 382 of this title. (c) Regulations: The Secretary of Defense and the Attorney General must jointly write regulations spelling out what kind of assistance the military can give under this section, and what actions military personnel may take while giving it. Generally, those regulations cannot let the military arrest anyone, directly search for or seize evidence connected to sections 175, 229, or 2332a of title 18, or directly collect intelligence for law enforcement purposes. There is one exception: the regulations can allow those actions if doing so is necessary to protect human life immediately and civilian police cannot do it themselves, and if the action is otherwise allowed under subsection (a) or another law. (d) Explosive Ordnance Defined: This section defines "explosive ordnance" to mean bombs and warheads; guided and ballistic missiles; artillery, mortar, rocket, and small-arms ammunition; mines, torpedoes, and depth charges; grenades and demolition charges; pyrotechnics; clusters and dispensers; cartridge- and propellant-actuated devices; electroexplosive devices; clandestine and improvised explosive devices; and all similar or related explosive items or parts. It also includes any munitions that contain explosives, propellants, nuclear fission or fusion material, or biological and chemical agents.

the actual law source: uscode.house.gov ↗public domain

(a)In General.—

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)Rendering-safe Support.—

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 1 of this title.

(c)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 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)Explosive Ordnance Defined.—

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.

Source credit: (Added Pub. L. 114–92, div. A, title X, § 1082(a), Nov. 25, 2015, 129 Stat. 1002, § 383; renumbered § 283, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)

history & why it existsrecord from the source credit

2015Enacted · Pub. L. 114-92 · 129 Stat. 1002
2016Amended · Pub. L. 114-328 · 130 Stat. 2497

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-92 on 2015-11-25.

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