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 subchapter II’’ shall be deemed to be a reference to section 229A(a); and (B) ‘‘subsection (a)’’ shall be deemed to be a reference to subsection (a) of this section. (2) TEMPORARY RESTRAINING ORDERS.— (A) IN GENERAL.—For the purposes of for- feiture proceedings under this section, a temporary restraining order may be entered upon application of the United States with- out notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if, in addition to the circumstances described in section 413(e)(2) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2)), the United States dem- onstrates that there is probable cause to be- lieve that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and exigent circumstances exist that place the life or health of any person in danger. (B) WARRANT OF SEIZURE.—If the court en- ters a temporary restraining order under this paragraph, it shall also issue a warrant authorizing the seizure of such property. (C) APPLICABLE PROCEDURES.—The proce- dures and time limits applicable to tem- porary restraining orders under section 413(e)(2) and (3) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2) and (3)) shall apply to tem- porary restraining orders under this para- graph. (c) AFFIRMATIVE DEFENSE.—It is an affirma- tive defense against a forfeiture under sub- section (b) that the property— (1) is for a purpose not prohibited under the Chemical Weapons Convention; and (2) is of a type and quantity that under the circumstances is consistent with that purpose. (d) DESTRUCTION OR OTHER DISPOSITION.—The Attorney General shall provide for the destruc- tion or other appropriate disposition of any chemical weapon seized and forfeited pursuant to this section. (e) ASSISTANCE.—The Attorney General may request the head of any agency of the United States to assist in the handling, storage, trans- portation, or destruction of property seized under this section. (f) OWNER LIABILITY.—The owner or possessor of any property seized under this section shall be liable to the United States for any expenses incurred incident to the seizure, including any expenses relating to the handling, storage, transportation, and destruction or other disposi- tion of the seized property. (Added Pub. L. 105–277, div. I, title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681–868.) § 229C. Individual self-defense devices Nothing in this chapter shall be construed to prohibit any individual self-defense device, in- cluding those using a pepper spray or chemical mace. (Added Pub. L. 105–277, div. I, title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681–869.) § 229D. Injunctions The United States may obtain in a civil action an injunction against— (1) the conduct prohibited under section 229 or 229C of this title; or (2) the preparation or solicitation to engage in conduct prohibited under section 229 or 229D 1 of this title. (Added Pub. L. 105–277, div. I, title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681–869.) § 229E. Requests for military assistance to en- force prohibition in certain emergencies The Attorney General may request the Sec- retary of Defense to provide assistance under section 382 of title 10 1 in support of Department of Justice activities relating to the enforcement of section 229 of this title in an emergency situa- tion involving a chemical weapon. The author- ity to make such a request may be exercised by Page 90 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 229F 1 See References in Text note below. another official of the Department of Justice in accordance with section 382(f)(2) of title 10.1 (Added Pub. L. 105–277, div. I, title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681–869.) Editorial Notes REFERENCES IN TEXT Section 382 of title 10, referred to in text, was renum- bered section 282 of title 10, Armed Forces, by Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497. § 229F. Definitions In this chapter: (1) CHEMICAL WEAPON.—The term ‘‘chemical weapon’’ means the following, together or sep- arately: (A) A toxic chemical and its precursors, except where intended for a purpose not pro- hibited under this chapter as long as the type and quantity is consistent with such a purpose. (B) A munition or device, specifically de- signed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device. (C) Any equipment specifically designed for use directly in connection with the em- ployment of munitions or devices specified in subparagraph (B). (2) CHEMICAL WEAPONS CONVENTION; CONVEN- TION.—The terms ‘‘Chemical Weapons Conven- tion’’ and ‘‘Convention’’ mean the Convention on the Prohibition of the Development, Pro- duction, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993. (3) KEY COMPONENT OF A BINARY OR MULTI- COMPONENT CHEMICAL SYSTEM.—The term ‘‘key component of a binary or multicomponent chemical system’’ means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the bi- nary or multicomponent system. (4) NATIONAL OF THE UNITED STATES.—The term ‘‘national of the United States’’ has the same meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). (5) PERSON.—The term ‘‘person’’, except as otherwise provided, means any individual, cor- poration, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any po- litical entity within a State, any foreign gov- ernment or nation or any agency, instrumen- tality or political subdivision of any such gov- ernment or nation, or other entity located in the United States. (6) PRECURSOR.— (A) IN GENERAL.—The term ‘‘precursor’’ means any chemical reactant which takes part at any stage in the production by what- ever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system. (B) LIST OF PRECURSORS.—Precursors which have been identified for the applica- tion of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention. (7) PURPOSES NOT PROHIBITED BY THIS CHAP- TER.—The term ‘‘purposes not prohibited by this chapter’’ means the following: (A) PEACEFUL PURPOSES.—Any peaceful purpose related to an industrial, agricul- tural, research, medical, or pharmaceutical activity or other activity. (B) PROTECTIVE PURPOSES.—Any purpose directly related to protection against toxic chemicals and to protection against chem- ical weapons. (C) UNRELATED MILITARY PURPOSES.—Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm. (D) LAW ENFORCEMENT PURPOSES.—Any law enforcement purpose, including any domes- tic riot control purpose and including impo- sition of capital punishment. (8) TOXIC CHEMICAL.— (A) IN GENERAL.—The term ‘‘toxic chem- ical’’ means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or perma- nent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of produc- tion, and regardless of whether they are pro- duced in facilities, in munitions or else- where. (B) LIST OF TOXIC CHEMICALS.—Toxic chemicals which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemi- cals of the Chemical Weapons Convention. (9) UNITED STATES.—The term ‘‘United States’’ means the several States of the United States, the District of Columbia, and the commonwealths, territories, and posses- sions of the United States and includes all places under the jurisdiction or control of the United States, including— (A) any of the places within the provisions of paragraph (41) 1 of section 40102 of title 49, United States Code; (B) any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (37),1 respectively, of section 40102 of title 49, United States Code; and (C) any vessel of the United States, as such term is defined in section 70502(b) of title 46, United States Code. (Added Pub. L. 105–277, div. I, title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681–869; amended Pub. L. 109–304, § 17(d)(1), Oct. 6, 2006, 120 Stat. 1707.)