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18 U.S.C. § 175a — Requests for military assistance to enforce prohibition in certain emergencies

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

18 U.S.C. § 175a — 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 175 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section175&num=0&edition=prelim) in an emergency situation involving a biological weapon of mass destruction. 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 location: Title 18, Chapter 10, § 175a; chapter-010-biological-weapons.md

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

18 U.S.C. § 175 — Prohibitions with respect to biological weapons

**(a) In General.—** Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so, or attempts, threatens, or conspires to do the same, shall be fined under this title or imprisoned for life or any term of years, or both. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States. **(b) Additional Offense.—** Whoever knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose, shall be fined under this title, imprisoned not more than 10 years, or both. In this subsection, the terms “biological agent” and “toxin” do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source. **(c) Definition.—** For purposes of this section, the term “for use as a weapon” includes the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for other than prophylactic, protective, bona fide research, or other peaceful purposes.

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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

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

18 U.S.C. § 175a — Requests for military assistance to en-

Page 47 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 175b 1 See References in Text note below. tains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or know- ingly assists a foreign state or any organization to do so, or attempts, threatens, or conspires to do the same, shall be fined under this title or imprisoned for life or any term of years, or both. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States. (b) ADDITIONAL OFFENSE.—Whoever knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose, shall be fined under this title, imprisoned not more than 10 years, or both. In this subsection, the terms ‘‘biological agent’’ and ‘‘toxin’’ do not encompass any bio- logical agent or toxin that is in its naturally oc- curring environment, if the biological agent or toxin has not been cultivated, collected, or oth- erwise extracted from its natural source. (c) DEFINITION.—For purposes of this section, the term ‘‘for use as a weapon’’ includes the de- velopment, production, transfer, acquisition, re- tention, or possession of any biological agent, toxin, or delivery system for other than prophy- lactic, protective, bona fide research, or other peaceful purposes. (Added Pub. L. 101–298, § 3(a), May 22, 1990, 104 Stat. 201; amended Pub. L. 104–132, title V, § 511(b)(1), Apr. 24, 1996, 110 Stat. 1284; Pub. L. 107–56, title VIII, § 817(1), Oct. 26, 2001, 115 Stat. 385; Pub. L. 107–188, title II, § 231(c)(1), June 12, 2002, 116 Stat. 661.) Editorial Notes AMENDMENTS 20

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