Page:United States Statutes at Large Volume 112 Part 4.djvu/898

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112 STAT. 2681-869 PUBLIC LAW 105-277—OCT. 21, 1998 "(B) WARRANT OF SEIZURE. —If the court enters a temporary restraining order under this paragraph, it shall also issue a warrant authorizing the seizure of such property. "(C) APPLICABLE PROCEDURES.—The procedures and time limits applicable to temporary 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 temporary restraining orders under this paragraph. " (c) AFFIRMATIVE DEFENSE.— It is an affirmative defense against a forfeiture under subsection (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 destruction 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, transportation, 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 disposition of the seized property. "§ 229C. Individual self-defense devices "Nothing in this chapter shall be construed to prohibit any individual self-defense device, including those using a pepper spray or chemical mace. "§ 229D. Iivjunctions "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 of this title.

    • §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 in support of Department of Justice activities relating to the enforcement of section 229 of this title 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. "§229F. Definitions "In this chapter: "(1) CHEMICAL WEAPON.— The term 'chemical weapon' means the following, together or separately: