Sec. 1093. Situations involving bombings of places of public use, Government facilities, public transportation systems, and infrastructure facilities
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Chapter 18 of title 10, United States Code, is amended by adding at the end the following new section: The direct participation of members of the Armed Forces assigned to explosive ordnance disposal
(EOD)units providing support to civilian law enforcement agencies does not involve search, seizure, arrest or other similar activity. Upon the request of the Attorney General, the Secretary of Defense may provide such assistance in 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. The Secretary of Defense, through mutual aid agreement with the Attorney General shall, in the interest of public safety, waive reimbursement on military EOD support of Department of Justice activities related to the enforcement of section 2332f of title 18 for situations involving bombings of places of public use, Government facilities, public transportation systems, and infrastructure facilities. Military EOD units providing rendering-safe support to Department of Justice activities relating to the enforcement of section 175, 229, or 2332a of title 18 emergency situations involving weapons of mass destruction shall be consistent with the provisions of section 382 of this title. In this section: The term explosive ordnance — means— bombs and warheads; guided and ballistic missiles; artillery, mortar, rocket, and small arms ammunition; all mines, torpedoes, and depth charges; grenades demolition charges; pyrotechnics; clusters and dispensers; cartridge- and propellant– actuated devices; electroexplosives devices; clandestine and improvised explosive devices (IEDs); and all similar or related items or components explosive in nature; and includes all munitions containing explosives, propellants, nuclear fission or fusion materials, and biological and chemical agents. The term explosive ordnance disposal procedures means those particular courses or modes of action for access to, recovery, rendering–safe, and final disposal of explosive ordnance or any hazardous material associated with an EOD incident, including— access procedures; recovery procedures; render-safe procedures; and final disposal procedures. . The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 383. Situations involving bombings of places of public use, Government facilities, public transportation systems, and infrastructure facilities. .