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18 U.S.C. § 229E — Requests for military assistance to enforce prohibition in certain emergencies

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 229E — Requests for military assistance to enforce prohibition in certain emergencies

The Attorney General may request the Secretary of Defense to provide assistance under [section 382 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section382&num=0&edition=prelim) 11 See References in Text note below. in support of Department of Justice activities relating to the enforcement of [section 229 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section229&num=0&edition=prelim) in an emergency situation involving a chemical weapon. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with [section 382(f)(2) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section382/f/2&num=0&edition=prelim).1

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Source file: Laws/federal/codes/united-states-code/title-18/section-229e-requests-for-military-assistance-to-enforce-prohibition-in-certain-emerg--d21df7d6bb.md
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Source location: Title 18, Chapter 11B, § 229E; chapter-11b-chemical-weapons.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 382 — Execution and administration of programs and activities

**(a) Policy Oversight and Resource Allocation.—** The Secretary of Defense shall assign responsibility for the oversight of strategic policy and guidance and responsibility for overall resource allocation for security cooperation programs and activities of the Department of Defense to a single official and office in the Office of the Secretary of Defense at the level of Under Secretary of Defense or below. **(b) Execution and Administration of Certain Programs and Activities.—** (1) **In general.—** — The Director of the Defense Security Cooperation Agency shall be responsible for the execution and administration of all security cooperation programs and activities of the Department of Defense involving the provision of defense articles, military training, and other defense-related services by grant, loan, cash sale, or lease. (2) **Designation of responsibility.—** — The Director may designate an element of an armed force, combatant command, Defense Agency, Department of Defense Field Activity, or other element or organization of the Department of Defense to execute and administer security cooperation programs and activities described in paragraph (1) if the Director determines that the designation will achieve maximum effectiveness, efficiency, and economy in the activities for which designated. **(c) Availability of Funds.—** (1) **In general.—** — Funds available to the Defense Security Cooperation Agency, and other funds available to the Department of Defense for security cooperation programs and activities of the Department of Defense, may be used to implement security cooperation programs and activities of the Department of Defense authorized by this chapter. (2) **Budget justification.—** — Funds necessary for implementing security cooperation programs and

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 282 — Emergency situations involving weapons of mass destruction

**(a) In General.—** The Secretary of Defense, upon the request of the Attorney General, may provide assistance in support of Department of Justice activities relating to the enforcement of section 175, 229, or 2332a of title 18 during an emergency situation involving a weapon of mass destruction. Department of Defense resources, including personnel of the Department of Defense, may be used to provide such assistance if— (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) Emergency Situations Covered.—** In this section, the term “emergency situation involving a weapon of mass destruction” means a circumstance involving a weapon of mass destruction— (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) Forms of Assistance.—** The assistance referred to in subsection (a) includes the operation of equipment (including equipment made available under section 372 11 See References in Text note below. of this title) to monitor, contain, disable, or dispose of the weapon involved or elements of the weapon. **(d) Regulations.—** (1) The Secretary of Defen

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 282

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 229 — Prohibited activities

**(a) Unlawful Conduct.—** Except as provided in subsection (b), it shall be unlawful for any person knowingly— (1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon; or (2) to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1). **(b) Exempted Agencies and Persons.—** (1) **In general.—** — Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon. (2) **Exempted persons.—** — A person referred to in paragraph (1) is— (A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon; or (B) in an emergency situation, any otherwise nonculpable person if the person is attempting to destroy or seize the weapon. **(c) Jurisdiction.—** Conduct prohibited by subsection (a) is within the jurisdiction of the United States if the prohibited conduct— (1) takes place in the United States; (2) takes place outside of the United States and is committed by a national of the United States; (3) is committed against a national of the United States while the national is outside the United States; or (4) is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 229E — Requests for military assistance to en-

Page 89 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 229E 1 So in original. 1 See References in Text note below. ble for such expenses with each other person, if any, who is ordered under this subsection to re- imburse the United States for the same ex- penses. (Added Pub. L. 105–277, div. I, title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681–867.) § 229B. Criminal forfeitures; destruction of weap- ons (a) PROPERTY SUBJECT TO CRIMINAL FOR- FEITURE.—Any person convicted under section 229A(a) shall forfeit to the United States irre- spective of any provision of State law— (1) any property, real or personal, owned, possessed, or used by a person involved in the offense; (2) any property constituting, or derived from, and proceeds the person obtained, di- rectly or indirectly, as the result of such vio- lation; and (3) any of the property used in any manner or part, to commit, or to facilitate the com- mission of, such violation. The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to section 229A(a), that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by section 229A(a), a de- fendant who derived profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds. (b) PROCEDURES.— (1) GENERAL.—Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be gov- erned by subsections (b) through (p) of section 413 of the Comprehensive Drug Abuse Preven- tion and Control Act of 1970 (21 U.S.C. 853), ex- cept that any reference under those sub- sections to— (A) ‘‘this subchapter or s

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