Page:United States Statutes at Large Volume 96 Part 2.djvu/303

 PUBLIC LAW 97-351—OCT. 18, 1982

96 STAT. 1665

ning with the departure from a facility of the shipper in that state and ending with the arrival at a facility of the receiver within the state of ultimate destination and either of such states is the United States. "(d) The Attorney General may request assistance from the Secretary of Defense under chapter 18 of title 10 in the enforcement of 10 USC 371 et this section and the Secretary of Defense may provide such assist- seq. eince in accordance with chapter 18 of title 10, except that the Secretary of Defense may provide such assistance through any Department of Defense personnel. "(e)(1) The Attorney General may also request assistance from the Secretary of Defense under this subsection in the enforcement of this section. Notwithstanding section 1385 of this title, the Secretary 18 USC 1385. of Defense may, in accordance with other applicable law, provide such assistance to the Attorney General if— "(A) an emergency situation exists (as jointly determined by the Attorney General and the Secretary of Defense in their discretion); and "(B) the provision of such assistance will not adversely affect the military preparedness of the United States (as determined by the Secretary of Defense in such Secretary's discretion). "(3) As used in this subsection, the term 'emergency situation' "Emergency situation." means a circumstance— "(A) that poses a serious threat to the interests of the United States; and "(B) in which— "(i) enforcement of the law would be seriously impaired if the assistance were not provided; and "(ii) civilian law enforcement personnel are not capable of enforcing the law. "(4) Assistance under this section may include— "(A) use of personnel of the Department of Defense to arrest persons and conduct searches and seizures with respect to violations of this section; and "(B) such other activity as is incidental to the enforcement of this section, or to the protection of persons or property from conduct that violates this section. "(5) The Secretary of Defense may require reimbursement as a condition of assistance under this section. "(6) The Attorney General may delegate the Attorney General's function under this subsection only to a Deputy, Associate, or Assistant Attorney General. Definitions. "(f) As used in this section— "(1) the term 'nuclear material' means material containing any— "(A) Plutonium with an isotopic concentration not in excess of 80 percent plutonium 238; "(B) uranium not in the form of ore or ore residue that contains the mixture of isotopes as occurring in nature; "(C) uranium that contains the isotope 233 or 235 or both in such amount that the abundance ratio of the sum of those isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature; or "(D) uranium 233; "(2) the term 'international organization' means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22

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