-CITE-
    18 USC CHAPTER 40 - IMPORTATION, MANUFACTURE,
           DISTRIBUTION AND STORAGE OF EXPLOSIVE
           MATERIALS                                       01/03/2007
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
                  EXPLOSIVE MATERIALS             
-HEAD-
    CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
                            EXPLOSIVE MATERIALS
-MISC1-
    Sec.                                                     
    841.        Definitions.                                          
    842.        Unlawful acts.                                        
    843.        Licenses and user permits.                            
    844.        Penalties.                                            
    845.        Exceptions; relief from disabilities.                 
    846.        Additional powers of the Attorney General.            
    847.        Rules and regulations.                                
    848.        Effect on State law.                                  
                                AMENDMENTS                            
      2002 - Pub. L. 107-296, title XI, Sec. 1112(e)(3), Nov. 25, 2002,
    116 Stat. 2276, substituted "Attorney General" for "Secretary" in
    item 846.
      1990 - Pub. L. 101-647, title XXXV, Sec. 3520, Nov. 29, 1990, 104
    Stat. 4923, substituted "Licenses" for "Licensing" in item 843.
      1970 - Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84
    Stat. 952, added chapter 40 and items 841 to 848.
-End-
-CITE-
    18 USC Sec. 841                                             01/03/2007
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
                  EXPLOSIVE MATERIALS             
-HEAD-
    Sec. 841. Definitions
-STATUTE-
      As used in this chapter - 
        (a) "Person" means any individual, corporation, company,
      association, firm, partnership, society, or joint stock company.
        (b) "Interstate" or foreign commerce means commerce between any
      place in a State and any place outside of that State, or within
      any possession of the United States (not including the Canal
      Zone) or the District of Columbia, and commerce between places
      within the same State but through any place outside of that
      State. "State" includes the District of Columbia, the
      Commonwealth of Puerto Rico, and the possessions of the United
      States (not including the Canal Zone).
        (c) "Explosive materials" means explosives, blasting agents,
      and detonators.
        (d) Except for the purposes of subsections (d), (e), (f), (g),
      (h), (i), and (j) of section 844 of this title, "explosives"
      means any chemical compound mixture, or device, the primary or
      common purpose of which is to function by explosion; the term
      includes, but is not limited to, dynamite and other high
      explosives, black powder, pellet powder, initiating explosives,
      detonators, safety fuses, squibs, detonating cord, igniter cord,
      and igniters. The Attorney General shall publish and revise at
      least annually in the Federal Register a list of these and any
      additional explosives which he determines to be within the
      coverage of this chapter. For the purposes of subsections (d),
      (e), (f), (g), (h), and (i) of section 844 of this title, the
      term "explosive" is defined in subsection (j) of such section
      844.
        (e) "Blasting agent" means any material or mixture, consisting
      of fuel and oxidizer, intended for blasting, not otherwise
      defined as an explosive: Provided, That the finished product, as
      mixed for use or shipment, cannot be detonated by means of a
      numbered 8 test blasting cap when unconfined.
        (f) "Detonator" means any device containing a detonating charge
      that is used for initiating detonation in an explosive; the term
      includes, but is not limited to, electric blasting caps of
      instantaneous and delay types, blasting caps for use with safety
      fuses and detonating-cord delay connectors.
        (g) "Importer" means any person engaged in the business of
      importing or bringing explosive materials into the United States
      for purposes of sale or distribution.
        (h) "Manufacturer" means any person engaged in the business of
      manufacturing explosive materials for purposes of sale or
      distribution or for his own use.
        (i) "Dealer" means any person engaged in the business of
      distributing explosive materials at wholesale or retail.
        (j) "Permittee" means any user of explosives for a lawful
      purpose, who has obtained either a user permit or a limited
      permit under the provisions of this chapter.
        (k) "Attorney General" means the Attorney General of the United
      States.
        (l) "Crime punishable by imprisonment for a term exceeding one
      year" shall not mean (1) any Federal or State offenses pertaining
      to antitrust violations, unfair trade practices, restraints of
      trade, or other similar offenses relating to the regulation of
      business practices as the Attorney General may by regulation
      designate, or (2) any State offense (other than one involving a
      firearm or explosive) classified by the laws of the State as a
      misdemeanor and punishable by a term of imprisonment of two years
      or less.
        (m) "Licensee" means any importer, manufacturer, or dealer
      licensed under the provisions of this chapter.
        (n) "Distribute" means sell, issue, give, transfer, or
      otherwise dispose of.
        (o) "Convention on the Marking of Plastic Explosives" means the
      Convention on the Marking of Plastic Explosives for the Purpose
      of Detection, Done at Montreal on 1 March 1991.
        (p) "Detection agent" means any one of the substances specified
      in this subsection when introduced into a plastic explosive or
      formulated in such explosive as a part of the manufacturing
      process in such a manner as to achieve homogeneous distribution
      in the finished explosive, including - 
          (1) Ethylene glycol dinitrate (EGDN), C2H4(NO3)2,
        molecular weight 152, when the minimum concentration in the
        finished explosive is 0.2 percent by mass;
          (2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
        C6H12(NO2)2, molecular weight 176, when the minimum
        concentration in the finished explosive is 0.1 percent by mass;
          (3) Para-Mononitrotoluene (p-MNT), C7H7NO2,
        molecular weight 137, when the minimum concentration in the
        finished explosive is 0.5 percent by mass;
          (4) Ortho-Mononitrotoluene (o-MNT), C7H7NO2,
        molecular weight 137, when the minimum concentration in the
        finished explosive is 0.5 percent by mass; and
          (5) any other substance in the concentration specified by the
        Attorney General, after consultation with the Secretary of
        State and the Secretary of Defense, that has been added to the
        table in part 2 of the Technical Annex to the Convention on the
        Marking of Plastic Explosives.
        (q) "Plastic explosive" means an explosive material in flexible
      or elastic sheet form formulated with one or more high explosives
      which in their pure form has a vapor pressure less than 10-(!4)
      Pa at a temperature of 25&#186;<!-- degrees -->C., is formulated
      with a binder material, and is as a mixture malleable or flexible
      at normal room temperature.
        (r) "Alien" means any person who is not a citizen or national
      of the United States.
        (s) "Responsible person" means an individual who has the power
      to direct the management and policies of the applicant pertaining
      to explosive materials.
-SOURCE-
    (Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84
    Stat. 952; amended Pub. L. 104-132, title VI, Sec. 602, Apr. 24,
    1996, 110 Stat. 1288; Pub. L. 107-296, title XI, Secs. 1112(e)(1),
    (3), 1122(a), Nov. 25, 2002, 116 Stat. 2276, 2280.)
-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of Canal Zone, referred to in subsec. (a), see
    section 3602(b) of Title 22, Foreign Relations and Intercourse.
-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (d). Pub. L. 107-296, Sec. 1112(e)(3), substituted
    "Attorney General" for "Secretary".
      Subsec. (j). Pub. L. 107-296, Sec. 1122(a)(1), added subsec. (j)
    and struck out former subsec. (j) which read as follows: "
    'Permittee' means any user of explosives for a lawful purpose, who
    has obtained a user permit under the provisions of this chapter."
      Subsec. (k). Pub. L. 107-296, Sec. 1112(e)(1), added subsec. (k)
    and struck out former subsec. (k) which read as follows: "
    'Secretary' means the Secretary of the Treasury or his delegate."
      Subsec. (l). Pub. L. 107-296, Sec. 1112(e)(3), substituted
    "Attorney General" for "Secretary".
      Subsec. (p)(5). Pub. L. 107-296, Sec. 1112(e)(3), which directed
    amendment of par. (5) by substituting "Attorney General" for
    "Secretary" wherever appearing, was executed by making the
    substitution the first place appearing to reflect the probable
    intent of Congress.
      Subsecs. (r), (s). Pub. L. 107-296, Sec. 1122(a)(2), added
    subsecs. (r) and (s).
      1996 - Subsecs. (o) to (q). Pub. L. 104-132 added subsecs. (o) to
    (q).
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by section 1112(e)(1), (3) of Pub. L. 107-296 effective
    60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set
    out as an Effective Date note under section 101 of Title 6,
    Domestic Security.
      Amendment by section 1122(a) of Pub. L. 107-296 effective 180
    days after Nov. 25, 2002, see section 1122(i) of Pub. L. 107-296,
    set out as a note under section 843 of this title.
                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 607 of title VI of Pub. L. 104-132 provided that: "Except
    as otherwise provided in this title [amending this section,
    sections 842, 844, and 845 of this title, and section 1595a of
    Title 19, Customs Duties, and enacting provisions set out as a note
    below], this title and the amendments made by this title shall take
    effect 1 year after the date of enactment of this Act [Apr. 24,
    1996]."
                              EFFECTIVE DATE                          
      Section 1105(a), (b) of Pub. L. 91-452 provided that:
      "(a) Except as provided in subsection (b), the provisions of
    chapter 40 of title 18, United States Code, as enacted by section
    1102 of this title shall take effect one hundred and twenty days
    after the date of enactment of this Act [Oct. 15, 1970].
      "(b) The following sections of chapter 40 of title 18, United
    States Code, as enacted by section 1102 of this title shall take
    effect on the date of the enactment of this Act [Oct. 15, 1970]:
    sections 841, 844(d), (e), (f), (g), (h), (i), and (j), 845, 846,
    847, 848 and 849 [no section 849 was enacted]."
                       SHORT TITLE OF 2002 AMENDMENT                   
      Pub. L. 107-296, title XI, Sec. 1121, Nov. 25, 2002, 116 Stat.
    2280, provided that: "This subtitle [subtitle C (Secs. 1121-1128)
    of title XI of Pub. L. 107-296, amending this section and sections
    842 to 845 of this title and enacting provisions set out as a note
    under section 843 of this title] may be referred to as the 'Safe
    Explosives Act'."
                       SHORT TITLE OF 1982 AMENDMENT                   
      Pub. L. 97-298, Sec. 1, Oct. 12, 1982, 96 Stat. 1319, provided:
    "That this Act [amending section 844 of this title] may be cited as
    the 'Anti-Arson Act of 1982'."
                       SHORT TITLE OF 1975 AMENDMENT                   
      Pub. L. 93-639, Sec. 1, Jan. 4, 1975, 88 Stat. 2217, provided:
    "That this Act [amending sections 845 and 921 of this title] may be
    cited as 'Amendments of 1973 to Federal Law Relating to
    Explosives'."
           FINDINGS AND PURPOSES OF TITLE VI OF PUB. L. 104-132       
      Section 601 of title VI of Pub. L. 104-132 provided that:
      "(a) Findings. - The Congress finds that - 
        "(1) plastic explosives were used by terrorists in the bombings
      of Pan American Airlines flight number 103 in December 1988 and
      UTA flight number 722 in September 1989;
        "(2) plastic explosives can be used with little likelihood of
      detection for acts of unlawful interference with civil aviation,
      maritime navigation, and other modes of transportation;
        "(3) the criminal use of plastic explosives places innocent
      lives in jeopardy, endangers national security, affects domestic
      tranquility, and gravely affects interstate and foreign commerce;
        "(4) the marking of plastic explosives for the purpose of
      detection would contribute significantly to the prevention and
      punishment of such unlawful acts; and
        "(5) for the purpose of deterring and detecting such unlawful
      acts, the Convention on the Marking of Plastic Explosives for the
      Purpose of Detection, Done at Montreal on 1 March 1991, requires
      each contracting State to adopt appropriate measures to ensure
      that plastic explosives are duly marked and controlled.
      "(b) Purpose. - The purpose of this title [amending this section,
    sections 842, 844, and 845 of this title, and section 1595a of
    Title 19, Customs Duties, and enacting provisions set out as a note
    above] is to fully implement the Convention on the Marking of
    Plastic Explosives for the Purpose of Detection, Done at Montreal
    on 1 March 1991."
      MARKING, RENDERING INERT, AND LICENSING OF EXPLOSIVE MATERIALS  
      Section 732 of Pub. L. 104-132, as amended by Pub. L. 104-208,
    div. A, title I, Sec. 101(a) [title I, Sec. 113], Sept. 30, 1996,
    110 Stat. 3009, 3009-21; Pub. L. 105-61, title I, Oct. 10, 1997,
    111 Stat. 1272, required study by the Secretary of the Treasury of
    the marking, rendering inert, and licensing of explosive materials
    not later than 12 months after Apr. 24, 1996, report to Congress on
    results and recommendations, hearings by Congress to review study
    results, promulgation of regulations, and special study on the
    tagging of smokeless and black powder and report two years after
    Sept. 30, 1996.
                   CONGRESSIONAL DECLARATION OF PURPOSE               
      Section 1101 of title XI of Pub. L. 91-452 provided that: "The
    Congress hereby declares that the purpose of this title [enacting
    this chapter amending section 2516 of this title, repealing section
    837 of this title and sections 121 to 144 of Title 50, War and
    National Defense, and enacting provisions set out as notes under
    this section] is to protect interstate and foreign commerce against
    interference and interruption by reducing the hazard to persons and
    property arising from misuse and unsafe or insecure storage of
    explosive materials. It is not the purpose of this title to place
    any undue or unnecessary Federal restrictions or burdens on law-
    abiding citizens with respect to the acquisition, possession,
    storage, or use of explosive materials for industrial, mining,
    agricultural, or other lawful purposes, or to provide for the
    imposition by Federal regulations of any procedures or requirements
    other than those reasonably necessary to implement and effectuate
    the provisions of this title."
                     MODIFICATION OF OTHER PROVISIONS                 
      Section 1104 of title XI of Pub. L. 91-452, as amended by Pub. L.
    99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
    "Nothing in this title [enacting this chapter, amending section
    2516 of this title, repealing section 837 of this title and
    sections 121 to 144 of Title 50, War and National Defense, and
    enacting provisions set out as notes under this section] shall be
    construed as modifying or affecting any provision of - 
        "(a) The National Firearms Act (chapter 53 of the Internal
      Revenue Code of 1986);
        "(b) Section 414 of the Mutual Security Act of 1954 (22 U.S.C.
      1934), as amended, relating to munitions control;
        "(c) Section 1716 of title 18, United States Code, relating to
      nonmailable materials;
        "(d) Sections 831 through 836 of title 18, United States Code;
      or
        "(e) Chapter 44 of title 18, United States Code."
      CONTINUATION IN BUSINESS OR OPERATION OF ANY PERSON ENGAGED IN
                 BUSINESS OR OPERATION ON OCTOBER 15, 1970
      Section 1105(c) of Pub. L. 91-452 provided that: "Any person (as
    defined in section 841(a) of title 18, United States Code) engaging
    in a business or operation requiring a license or permit under the
    provisions of chapter 40 of such title 18, who was engaged in such
    business or operation on the date of enactment of this Act [Oct.
    15, 1970] and who has filed an application for a license or permit
    under the provisions of section 843 of such chapter 40 prior to the
    effective date of such section 843 [see Effective Date note set out
    above] may continue such business or operation pending final action
    on his application. All provisions of such chapter 40 shall apply
    to such applicant in the same manner and to the same extent as if
    he were a holder of a license or permit under such chapter 40."
                      AUTHORIZATION OF APPROPRIATIONS                  
      Section 1107 of title XI of Pub. L. 91-452 provided that: "There
    are hereby authorized to be appropriated such sums as are necessary
    to carry out the purposes of this title [enacting this chapter,
    amending section 2516 of this title, repealing section 837 of this
    title and sections 121 to 144 of Title 50, War and National
    Defense, and enacting provisions set as notes under this section]."
-End-
-CITE-
    18 USC Sec. 842                                             01/03/2007
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
                  EXPLOSIVE MATERIALS             
-HEAD-
    Sec. 842. Unlawful acts
-STATUTE-
      (a) It shall be unlawful for any person - 
        (1) to engage in the business of importing, manufacturing, or
      dealing in explosive materials without a license issued under
      this chapter;
        (2) knowingly to withhold information or to make any false or
      fictitious oral or written statement or to furnish or exhibit any
      false, fictitious, or misrepresented identification, intended or
      likely to deceive for the purpose of obtaining explosive
      materials, or a license, permit, exemption, or relief from
      disability under the provisions of this chapter;
        (3) other than a licensee or permittee knowingly - 
          (A) to transport, ship, cause to be transported, or receive
        any explosive materials; or
          (B) to distribute explosive materials to any person other
        than a licensee or permittee; or
        (4) who is a holder of a limited permit - 
          (A) to transport, ship, cause to be transported, or receive
        in interstate or foreign commerce any explosive materials; or
          (B) to receive explosive materials from a licensee or
        permittee, whose premises are located outside the State of
        residence of the limited permit holder, or on more than 6
        separate occasions, during the period of the permit, to receive
        explosive materials from 1 or more licensees or permittees
        whose premises are located within the State of residence of the
        limited permit holder.
      (b) It shall be unlawful for any licensee or permittee to
    knowingly distribute any explosive materials to any person other
    than - 
        (1) a licensee;
        (2) a holder of a user permit; or
        (3) a holder of a limited permit who is a resident of the State
      where distribution is made and in which the premises of the
      transferor are located.
      (c) It shall be unlawful for any licensee to distribute explosive
    materials to any person who the licensee has reason to believe
    intends to transport such explosive materials into a State where
    the purchase, possession, or use of explosive materials is
    prohibited or which does not permit its residents to transport or
    ship explosive materials into it or to receive explosive materials
    in it.
      (d) It shall be unlawful for any person knowingly to distribute
    explosive materials to any individual who:
        (1) is under twenty-one years of age;
        (2) has been convicted in any court of a crime punishable by
      imprisonment for a term exceeding one year;
        (3) is under indictment for a crime punishable by imprisonment
      for a term exceeding one year;
        (4) is a fugitive from justice;
        (5) is an unlawful user of or addicted to any controlled
      substance (as defined in section 102 of the Controlled Substances
      Act (21 U.S.C. 802));
        (6) has been adjudicated a mental defective or who has been
      committed to a mental institution;
        (7) is an alien, other than an alien who - 
          (A) is lawfully admitted for permanent residence (as defined
        in section 101(a)(20) of the Immigration and Nationality Act);
          (B) is in lawful nonimmigrant status, is a refugee admitted
        under section 207 of the Immigration and Nationality Act (8
        U.S.C. 1157), or is in asylum status under section 208 of the
        Immigration and Nationality Act (8 U.S.C. 1158), and - 
            (i) is a foreign law enforcement officer of a friendly
          foreign government, as determined by the Secretary (!1) in
          consultation with the Secretary of State, entering the United
          States on official law enforcement business, and the
          shipping, transporting, possession, or receipt of explosive
          materials is in furtherance of this official law enforcement
          business; or
            (ii) is a person having the power to direct or cause the
          direction of the management and policies of a corporation,
          partnership, or association licensed pursuant to section
          843(a), and the shipping, transporting, possession, or
          receipt of explosive materials is in furtherance of such
          power;
          (C) is a member of a North Atlantic Treaty Organization
        (NATO) or other friendly foreign military force, as determined
        by the Attorney General in consultation with the Secretary of
        Defense, who is present in the United States under military
        orders for training or other military purpose authorized by the
        United States and the shipping, transporting, possession, or
        receipt of explosive materials is in furtherance of the
        authorized military purpose; or
          (D) is lawfully present in the United States in cooperation
        with the Director of Central Intelligence, and the shipment,
        transportation, receipt, or possession of the explosive
        materials is in furtherance of such cooperation;
        (8) has been discharged from the armed forces under
      dishonorable conditions; (!2)
        (9) having been a citizen of the United States, has renounced
      the citizenship of that person.
      (e) It shall be unlawful for any licensee knowingly to distribute
    any explosive materials to any person in any State where the
    purchase, possession, or use by such person of such explosive
    materials would be in violation of any State law or any published
    ordinance applicable at the place of distribution.
      (f) It shall be unlawful for any licensee or permittee willfully
    to manufacture, import, purchase, distribute, or receive explosive
    materials without making such records as the Attorney General may
    by regulation require, including, but not limited to, a statement
    of intended use, the name, date, place of birth, social security
    number or taxpayer identification number, and place of residence of
    any natural person to whom explosive materials are distributed. If
    explosive materials are distributed to a corporation or other
    business entity, such records shall include the identity and
    principal and local places of business and the name, date, place of
    birth, and place of residence of the natural person acting as agent
    of the corporation or other business entity in arranging the
    distribution.
      (g) It shall be unlawful for any licensee or permittee knowingly
    to make any false entry in any record which he is required to keep
    pursuant to this section or regulations promulgated under section
    847 of this title.
      (h) It shall be unlawful for any person to receive, possess,
    transport, ship, conceal, store, barter, sell, dispose of, or
    pledge or accept as security for a loan, any stolen explosive
    materials which are moving as, which are part of, which constitute,
    or which have been shipped or transported in, interstate or foreign
    commerce, either before or after such materials were stolen,
    knowing or having reasonable cause to believe that the explosive
    materials were stolen.
      (i) It shall be unlawful for any person - 
        (1) who is under indictment for, or who has been convicted in
      any court of, a crime punishable by imprisonment for a term
      exceeding one year;
        (2) who is a fugitive from justice;
        (3) who is an unlawful user of or addicted to any controlled
      substance (as defined in section 102 of the Controlled Substances
      Act (21 U.S.C. 802));
        (4) who has been adjudicated as a mental defective or who has
      been committed to a mental institution;
        (5) who is an alien, other than an alien who - 
          (A) is lawfully admitted for permanent residence (as that
        term is defined in section 101(a)(20) of the Immigration and
        Nationality Act);
          (B) is in lawful nonimmigrant status, is a refugee admitted
        under section 207 of the Immigration and Nationality Act (8
        U.S.C. 1157), or is in asylum status under section 208 of the
        Immigration and Nationality Act (8 U.S.C. 1158), and - 
            (i) is a foreign law enforcement officer of a friendly
          foreign government, as determined by the Secretary (!1) in
          consultation with the Secretary of State, entering the United
          States on official law enforcement business, and the
          shipping, transporting, possession, or receipt of explosive
          materials is in furtherance of this official law enforcement
          business; or
            (ii) is a person having the power to direct or cause the
          direction of the management and policies of a corporation,
          partnership, or association licensed pursuant to section
          843(a), and the shipping, transporting, possession, or
          receipt of explosive materials is in furtherance of such
          power;
          (C) is a member of a North Atlantic Treaty Organization
        (NATO) or other friendly foreign military force, as determined
        by the Attorney General in consultation with the Secretary of
        Defense, who is present in the United States under military
        orders for training or other military purpose authorized by the
        United States and the shipping, transporting, possession, or
        receipt of explosive materials is in furtherance of the
        authorized military purpose; or
          (D) is lawfully present in the United States in cooperation
        with the Director of Central Intelligence, and the shipment,
        transportation, receipt, or possession of the explosive
        materials is in furtherance of such cooperation;
        (6) who has been discharged from the armed forces under
      dishonorable conditions; (!2)
        (7) who, having been a citizen of the United States, has
      renounced the citizenship of that person (!3)
    to ship or transport any explosive in or affecting interstate or
    foreign commerce or to receive or possess any explosive which has
    been shipped or transported in or affecting interstate or foreign
    commerce.
      (j) It shall be unlawful for any person to store any explosive
    material in a manner not in conformity with regulations promulgated
    by the Attorney General. In promulgating such regulations, the
    Attorney General shall take into consideration the class, type, and
    quantity of explosive materials to be stored, as well as the
    standards of safety and security recognized in the explosives
    industry.
      (k) It shall be unlawful for any person who has knowledge of the
    theft or loss of any explosive materials from his stock, to fail to
    report such theft or loss within twenty-four hours of discovery
    thereof, to the Attorney General and to appropriate local
    authorities.
      (l) It shall be unlawful for any person to manufacture any
    plastic explosive that does not contain a detection agent.
      (m)(1) It shall be unlawful for any person to import or bring
    into the United States, or export from the United States, any
    plastic explosive that does not contain a detection agent.
      (2) This subsection does not apply to the importation or bringing
    into the United States, or the exportation from the United States,
    of any plastic explosive that was imported or brought into, or
    manufactured in the United States prior to the date of enactment of
    this subsection by or on behalf of any agency of the United States
    performing military or police functions (including any military
    reserve component) or by or on behalf of the National Guard of any
    State, not later than 15 years after the date of entry into force
    of the Convention on the Marking of Plastic Explosives, with
    respect to the United States.
      (n)(1) It shall be unlawful for any person to ship, transport,
    transfer, receive, or possess any plastic explosive that does not
    contain a detection agent.
      (2) This subsection does not apply to - 
        (A) the shipment, transportation, transfer, receipt, or
      possession of any plastic explosive that was imported or brought
      into, or manufactured in the United States prior to the date of
      enactment of this subsection by any person during the period
      beginning on that date and ending 3 years after that date of
      enactment; or
        (B) the shipment, transportation, transfer, receipt, or
      possession of any plastic explosive that was imported or brought
      into, or manufactured in the United States prior to the date of
      enactment of this subsection by or on behalf of any agency of the
      United States performing a military or police function (including
      any military reserve component) or by or on behalf of the
      National Guard of any State, not later than 15 years after the
      date of entry into force of the Convention on the Marking of
      Plastic Explosives, with respect to the United States.
      (o) It shall be unlawful for any person, other than an agency of
    the United States (including any military reserve component) or the
    National Guard of any State, possessing any plastic explosive on
    the date of enactment of this subsection, to fail to report to the
    Attorney General within 120 days after such date of enactment the
    quantity of such explosives possessed, the manufacturer or
    importer, any marks of identification on such explosives, and such
    other information as the Attorney General may prescribe by
    regulation.
      (p) Distribution of Information Relating to Explosives,
    Destructive Devices, and Weapons of Mass Destruction. - 
        (1) Definitions. - In this subsection - 
          (A) the term "destructive device" has the same meaning as in
        section 921(a)(4);
          (B) the term "explosive" has the same meaning as in section
        844(j); and
          (C) the term "weapon of mass destruction" has the same
        meaning as in section 2332a(c)(2).
        (2) Prohibition. - It shall be unlawful for any person - 
          (A) to teach or demonstrate the making or use of an
        explosive, a destructive device, or a weapon of mass
        destruction, or to distribute by any means information
        pertaining to, in whole or in part, the manufacture or use of
        an explosive, destructive device, or weapon of mass
        destruction, with the intent that the teaching, demonstration,
        or information be used for, or in furtherance of, an activity
        that constitutes a Federal crime of violence; or
          (B) to teach or demonstrate to any person the making or use
        of an explosive, a destructive device, or a weapon of mass
        destruction, or to distribute to any person, by any means,
        information pertaining to, in whole or in part, the manufacture
        or use of an explosive, destructive device, or weapon of mass
        destruction, knowing that such person intends to use the
        teaching, demonstration, or information for, or in furtherance
        of, an activity that constitutes a Federal crime of violence.
-SOURCE-
    (Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84
    Stat. 953; amended Pub. L. 100-690, title VI, Sec. 6474(c), (d),
    Nov. 18, 1988, 102 Stat. 4380; Pub. L. 101-647, title XXXV, Sec.
    3521, Nov. 29, 1990, 104 Stat. 4923; Pub. L. 103-322, title XI,
    Secs. 110508, 110516, Sept. 13, 1994, 108 Stat. 2018, 2020; Pub. L.
    104-132, title VI, Sec. 603, title VII, Sec. 707, Apr. 24, 1996,
    110 Stat. 1289, 1296; Pub. L. 106-54, Sec. 2(a), Aug. 17, 1999, 113
    Stat. 398; Pub. L. 107-296, title XI, Secs. 1112(e)(3), 1122(b),
    1123, Nov. 25, 2002, 116 Stat. 2276, 2280, 2283; Pub. L. 108-177,
    title III, Sec. 372, Dec. 13, 2003, 117 Stat. 2627.)
-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 101(a)(20) of the Immigration and Nationality Act,
    referred to in subsecs. (d)(7)(A) and (i)(5)(A), is classified to
    section 1101(a)(20) of Title 8, Aliens and Nationality.
      The date of enactment of this subsection, referred to in subsecs.
    (m)(2), (n)(2), and (o), is the date of enactment of Pub. L. 104-
    132, which was approved Apr. 24, 1996.
-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (d)(7)(A). Pub. L. 108-177, Sec. 372(a)(1), struck
    out "or" at end.
      Subsec. (d)(7)(B). Pub. L. 108-177, Sec. 372(a)(2), inserted "or"
    at end of cl. (i) and struck out cls. (iii) and (iv) which read as
    follows:
      "(iii) is a member of a North Atlantic Treaty Organization (NATO)
    or other friendly foreign military force, as determined by the
    Secretary in consultation with the Secretary of Defense, (whether
    or not admitted in a nonimmigrant status) who is present in the
    United States under military orders for training or other military
    purpose authorized by the United States, and the shipping,
    transporting, possession, or receipt of explosive materials is in
    furtherance of the military purpose; or
      "(iv) is lawfully present in the United States in cooperation
    with the Director of Central Intelligence, and the shipment,
    transportation, receipt, or possession of the explosive materials
    is in furtherance of such cooperation;".
      Subsec. (d)(7)(C), (D). Pub. L. 108-177, Sec. 372(a)(3), added
    subpars. (C) and (D).
      Subsec. (i)(5)(A). Pub. L. 108-177, Sec. 372(b)(1), struck out
    "or" at end.
      Subsec. (i)(5)(B). Pub. L. 108-177, Sec. 372(b)(2), inserted "or"
    at end of cl. (i) and struck out cls. (iii) and (iv) which read as
    follows:
      "(iii) is a member of a North Atlantic Treaty Organization (NATO)
    or other friendly foreign military force, as determined by the
    Secretary in consultation with the Secretary of Defense, (whether
    or not admitted in a nonimmigrant status) who is present in the
    United States under military orders for training or other military
    purpose authorized by the United States, and the shipping,
    transporting, possession, or receipt of explosive materials is in
    furtherance of the military purpose; or
      "(iv) is lawfully present in the United States in cooperation
    with the Director of Central Intelligence, and the shipment,
    transportation, receipt, or possession of the explosive materials
    is in furtherance of such cooperation;".
      Subsec. (i)(5)(C), (D). Pub. L. 108-177, Sec. 372(b)(3), added
    subpars. (C) and (D).
      2002 - Subsec. (a)(3), (4). Pub. L. 107-296, Sec. 1122(b)(1),
    (2), added pars. (3) and (4) and struck out former par. (3) which
    read as follows: "other than a licensee or permittee knowingly - 
        "(A) to transport, ship, cause to be transported, or receive in
      interstate or foreign commerce any explosive materials, except
      that a person who lawfully purchases explosive materials from a
      licensee in a State contiguous to the State in which the
      purchaser resides may ship, transport, or cause to be transported
      such explosive materials to the State in which he resides and may
      receive such explosive materials in the State in which he
      resides, if such transportation, shipment, or receipt is
      permitted by the law of the State in which he resides; or
        "(B) to distribute explosive materials to any person (other
      than a licensee or permittee) who the distributor knows or has
      reasonable cause to believe does not reside in the State in which
      the distributor resides."
      Subsec. (b). Pub. L. 107-296, Sec. 1122(b)(3), added subsec. (b)
    and struck out former subsec. (b) which read as follows: "It shall
    be unlawful for any licensee knowingly to distribute any explosive
    materials to any person except - 
        "(1) a licensee;
        "(2) a permittee; or
        "(3) a resident of the State where distribution is made and in
      which the licensee is licensed to do business or a State
      contiguous thereto if permitted by the law of the State of the
      purchaser's residence."
      Subsec. (d)(6). Pub. L. 107-296, Sec. 1123(a)(2), substituted "or
    who has been committed to a mental institution;" for period at end.
      Subsec. (d)(7) to (9). Pub. L. 107-296, Sec. 1123(a)(1), (3),
    added pars. (7) to (9).
      Subsec. (f). Pub. L. 107-296, Sec. 1112(e)(3), substituted
    "Attorney General" for "Secretary".
      Subsec. (i). Pub. L. 107-296, Sec. 1123(b)(3), inserted "or
    affecting" before "interstate" in two places in concluding
    provisions.
      Subsec. (i)(5) to (7). Pub. L. 107-296, Sec. 1123(b)(1), (2),
    added pars. (5) to (7).
      Subsecs. (j), (k), (o). Pub. L. 107-296, Sec. 1112(e)(3),
    substituted "Attorney General" for "Secretary" wherever appearing.
      1999 - Subsec. (p). Pub. L. 106-54 added subsec. (p).
      1996 - Subsec. (h). Pub. L. 104-132, Sec. 707, amended subsec.
    (h) generally. Prior to amendment, subsec. (h) read as follows: "It
    shall be unlawful for any person to receive, conceal, transport,
    ship, store, barter, sell, or dispose of any explosive materials
    knowing or having reasonable cause to believe that such explosive
    materials were stolen."
      Subsecs. (l) to (o). Pub. L. 104-132, Sec. 603, added subsecs.
    (l) to (o).
      1994 - Subsec. (d). Pub. L. 103-322, Sec. 110516, substituted
    "any person" for "any licensee" in introductory provisions.
      Subsec. (i). Pub. L. 103-322, Sec. 110508, inserted "or possess"
    after "receive" in concluding provisions.
      1990 - Subsec. (d)(5). Pub. L. 101-647, Sec. 3521(1), substituted
    "; or" for a period.
      Subsec. (i)(3). Pub. L. 101-647, Sec. 3521(2), substituted "; or"
    for a period.
      1988 - Subsec. (d)(5). Pub. L. 100-690, Sec. 6474(c), amended
    par. (5) generally. Prior to amendment, par. (5) read as follows:
    "is an unlawful user of marihuana (as defined in section 4761 of
    the Internal Revenue Code of 1954) or any depressant or stimulant
    drug (as defined in section 201(v) of the Federal Food, Drug, and
    Cosmetic Act) or narcotic drug (as defined in section 4721(a) of
    the Internal Revenue Code of 1954); or".
      Subsec. (i)(3). Pub. L. 100-690, Sec. 6474(d), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "who is an
    unlawful user of or addicted to marihuana (as defined in section
    4761 of the Internal Revenue Code of 1954) or any depressant or
    stimulant drug (as defined in section 201(v) of the Federal Food,
    Drug, and Cosmetic Act) or narcotic drug (as defined in section
    4731(a) of the Internal Revenue Code of 1954); or".
-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.
-MISC2-
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by sections 1112(e)(3) and 1123 of Pub. L. 107-296
    effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-
    296, set out as an Effective Date note under section 101 of Title
    6, Domestic Security.
      Amendment by section 1122(b) of Pub. L. 107-296 effective 180
    days after Nov. 25, 2002, see section 1122(i) of Pub. L. 107-296,
    set out as a note under section 843 of this title.
                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 603 of Pub. L. 104-132 effective 1 year
    after Apr. 24, 1996, see section 607 of Pub. L. 104-132, set out as
    a note under section 841 of this title.
-FOOTNOTE-
    (!1) So in original. Probably should be "Attorney General".
               
    (!2) So in original. Probably should be followed by "or".
               
    (!3) So in original. Probably should be followed by a semicolon.
-End-
-CITE-
    18 USC Sec. 843                                             01/03/2007
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
                  EXPLOSIVE MATERIALS             
-HEAD-
    Sec. 843. Licenses and user permits
-STATUTE-
      (a) An application for a user permit or limited permit or a
    license to import, manufacture, or deal in explosive materials
    shall be in such form and contain such information as the Attorney
    General shall by regulation prescribe, including the names of and
    appropriate identifying information regarding all employees who
    will be authorized by the applicant to possess explosive materials,
    as well as fingerprints and a photograph of each responsible
    person. Each applicant for a license or permit shall pay a fee to
    be charged as set by the Attorney General, said fee not to exceed
    $50 for a limited permit and $200 for any other license or permit.
    Each license or user permit shall be valid for not longer than 3
    years from the date of issuance and each limited permit shall be
    valid for not longer than 1 year from the date of issuance. Each
    license or permit shall be renewable upon the same conditions and
    subject to the same restrictions as the original license or permit,
    and upon payment of a renewal fee not to exceed one-half of the
    original fee.
      (b) Upon the filing of a proper application and payment of the
    prescribed fee, and subject to the provisions of this chapter and
    other applicable laws, the Attorney General shall issue to such
    applicant the appropriate license or permit if - 
        (1) the applicant (or, if the applicant is a corporation,
      partnership, or association, each responsible person with respect
      to the applicant) is not a person described in section 842(i);
        (2) the applicant has not willfully violated any of the
      provisions of this chapter or regulations issued hereunder;
        (3) the applicant has in a State premises from which he
      conducts or intends to conduct business;
        (4)(A) the Secretary (!1) verifies by inspection or, if the
      application is for an original limited permit or the first or
      second renewal of such a permit, by such other means as the
      Secretary (!1) determines appropriate, that the applicant has a
      place of storage for explosive materials which meets such
      standards of public safety and security against theft as the
      Attorney General by regulations shall prescribe; and
        (B) subparagraph (A) shall not apply to an applicant for the
      renewal of a limited permit if the Secretary (!1) has verified,
      by inspection within the preceding 3 years, the matters described
      in subparagraph (A) with respect to the applicant; and
        (5) the applicant has demonstrated and certified in writing
      that he is familiar with all published State laws and local
      ordinances relating to explosive materials for the location in
      which he intends to do business;
        (6) none of the employees of the applicant who will be
      authorized by the applicant to possess explosive materials is any
      person described in section 842(i); and
        (7) in the case of a limited permit, the applicant has
      certified in writing that the applicant will not receive
      explosive materials on more than 6 separate occasions during the
      12-month period for which the limited permit is valid.
      (c) The Attorney General shall approve or deny an application
    within a period of 90 days for licenses and permits, beginning on
    the date such application is received by the Attorney General.
      (d) The Attorney General may revoke any license or permit issued
    under this section if in the opinion of the Attorney General the
    holder thereof has violated any provision of this chapter or any
    rule or regulation prescribed by the Attorney General under this
    chapter, or has become ineligible to acquire explosive materials
    under section 842(d). The Secretary's (!2) action under this
    subsection may be reviewed only as provided in subsection (e)(2) of
    this section.
      (e)(1) Any person whose application is denied or whose license or
    permit is revoked shall receive a written notice from the Attorney
    General stating the specific grounds upon which such denial or
    revocation is based. Any notice of a revocation of a license or
    permit shall be given to the holder of such license or permit prior
    to or concurrently with the effective date of the revocation.
      (2) If the Attorney General denies an application for, or revokes
    a license, or permit, he shall, upon request by the aggrieved
    party, promptly hold a hearing to review his denial or revocation.
    In the case of a revocation, the Attorney General may upon a
    request of the holder stay the effective date of the revocation. A
    hearing under this section shall be at a location convenient to the
    aggrieved party. The Attorney General shall give written notice of
    his decision to the aggrieved party within a reasonable time after
    the hearing. The aggrieved party may, within sixty days after
    receipt of the Secretary's (!2) written decision, file a petition
    with the United States court of appeals for the district in which
    he resides or has his principal place of business for a judicial
    review of such denial or revocation, pursuant to sections 701-706
    of title 5, United States Code.
      (f) Licensees and holders of user permits shall make available
    for inspection at all reasonable times their records kept pursuant
    to this chapter or the regulations issued hereunder, and licensees
    and permittees shall submit to the Attorney General such reports
    and information with respect to such records and the contents
    thereof as he shall by regulations prescribe. The Attorney General
    may enter during business hours the premises (including places of
    storage) of any licensee or holder of a user permit, for the
    purpose of inspecting or examining (1) any records or documents
    required to be kept by such licensee or permittee, under the
    provisions of this chapter or regulations issued hereunder, and (2)
    any explosive materials kept or stored by such licensee or
    permittee at such premises. Upon the request of any State or any
    political subdivision thereof, the Attorney General may make
    available to such State or any political subdivision thereof, any
    information which he may obtain by reason of the provisions of this
    chapter with respect to the identification of persons within such
    State or political subdivision thereof, who have purchased or
    received explosive materials, together with a description of such
    explosive materials. The Secretary (!1) may inspect the places of
    storage for explosive materials of an applicant for a limited
    permit or, at the time of renewal of such permit, a holder of a
    limited permit, only as provided in subsection (b)(4).
      (g) Licenses and user permits issued under the provisions of
    subsection (b) of this section shall be kept posted and kept
    available for inspection on the premises covered by the license and
    permit.
      (h)(1) If the Secretary (!1) receives, from an employer, the name
    and other identifying information of a responsible person or an
    employee who will be authorized by the employer to possess
    explosive materials in the course of employment with the employer,
    the Secretary (!1) shall determine whether the responsible person
    or employee is one of the persons described in any paragraph of
    section 842(i). In making the determination, the Secretary (!1) may
    take into account a letter or document issued under paragraph (2).
      (2)(A) If the Secretary (!1) determines that the responsible
    person or the employee is not one of the persons described in any
    paragraph of section 842(i), the Secretary (!1) shall notify the
    employer in writing or electronically of the determination and
    issue, to the responsible person or employee, a letter of
    clearance, which confirms the determination.
      (B) If the Secretary (!1) determines that the responsible person
    or employee is one of the persons described in any paragraph of
    section 842(i), the Secretary (!1) shall notify the employer in
    writing or electronically of the determination and issue to the
    responsible person or the employee, as the case may be, a document
    that - 
        (i) confirms the determination;
        (ii) explains the grounds for the determination;
        (iii) provides information on how the disability may be
      relieved; and
        (iv) explains how the determination may be appealed.
      (i) Furnishing of Samples. - 
        (1) In general. - Licensed manufacturers and licensed importers
      and persons who manufacture or import explosive materials or
      ammonium nitrate shall, when required by letter issued by the
      Secretary,(!1) furnish - 
          (A) samples of such explosive materials or ammonium nitrate;
          (B) information on chemical composition of those products;
        and
          (C) any other information that the Secretary (!1) determines
        is relevant to the identification of the explosive materials or
        to identification of the ammonium nitrate.
        (2) Reimbursement. - The Secretary (!1) shall, by regulation,
      authorize reimbursement of the fair market value of samples
      furnished pursuant to this subsection, as well as the reasonable
      costs of shipment.
-SOURCE-
    (Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84
    Stat. 955; amended Pub. L. 107-296, title XI, Secs. 1112(e)(3),
    1122(c)-(h), 1124, Nov. 25, 2002, 116 Stat. 2276, 2281, 2282,
    2285.)
-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-296, Sec. 1122(c), in first
    sentence, inserted "or limited permit" after "user permit" and
    inserted before period at end ", including the names of and
    appropriate identifying information regarding all employees who
    will be authorized by the applicant to possess explosive materials,
    as well as fingerprints and a photograph of each responsible
    person", in second sentence, substituted "$50 for a limited permit
    and $200 for any other" for "$200 for each", inserted third and
    fourth sentences, and struck out former third sentence which read
    as follows: "Each license or permit shall be valid for no longer
    than three years from date of issuance and shall be renewable upon
    the same conditions and subject to the same restrictions as the
    original license or permit and upon payment of a renewal fee not to
    exceed one-half of the original fee."
      Pub. L. 107-296, Sec. 1112(e)(3), substituted "Attorney General"
    for "Secretary" in two places.
      Subsec. (b). Pub. L. 107-296, Sec. 1112(e)(3), substituted
    "Attorney General" for "Secretary" in introductory provisions.
      Subsec. (b)(1). Pub. L. 107-296, Sec. 1122(d)(1), added par. (1)
    and struck out former par. (1) which read as follows: "the
    applicant (including in the case of a corporation, partnership, or
    association, any individual possessing, directly or indirectly, the
    power to direct or cause the direction of the management and
    policies of the corporation, partnership, or association) is not a
    person to whom the distribution of explosive materials would be
    unlawful under section 842(d) of this chapter;".
      Subsec. (b)(4). Pub. L. 107-296, Sec. 1122(d)(2), designated
    existing provisions as subpar. (A), inserted "the Secretary
    verifies by inspection or, if the application is for an original
    limited permit or the first or second renewal of such a permit, by
    such other means as the Secretary determines appropriate, that"
    before "the applicant", and added subpar. (B).
      Pub. L. 107-296, Sec. 1112(e)(3), substituted "the Attorney
    General by regulations" for "the Secretary by regulations".
      Subsec. (b)(6), (7). Pub. L. 107-296, Sec. 1122(d)(3), (4), added
    pars. (6) and (7).
      Subsec. (c). Pub. L. 107-296, Sec. 1122(e), substituted "90 days
    for licenses and permits," for "forty-five days".
      Pub. L. 107-296, Sec. 1112(e)(3), substituted "Attorney General"
    for "Secretary" in two places.
      Subsecs. (d), (e). Pub. L. 107-296, Sec. 1112(e)(3), substituted
    "Attorney General" for "Secretary" wherever appearing.
      Subsec. (f). Pub. L. 107-296, Sec. 1122(f), in first sentence,
    substituted "Licensees and holders of user permits" for "Licensees
    and permittees" and inserted "licensees and permittees" before
    "shall submit", in second sentence, substituted "holder of a user
    permit" for "permittee", and inserted at end "The Secretary may
    inspect the places of storage for explosive materials of an
    applicant for a limited permit or, at the time of renewal of such
    permit, a holder of a limited permit, only as provided in
    subsection (b)(4)."
      Pub. L. 107-296, Sec. 1112(e)(3), substituted "Attorney General"
    for "Secretary" wherever appearing.
      Subsec. (g). Pub. L. 107-296, Sec. 1122(g), inserted "user"
    before "permits".
      Subsec. (h). Pub. L. 107-296, Sec. 1122(h), added subsec. (h).
      Subsec. (i). Pub. L. 107-296, Sec. 1124, added subsec. (i).
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by sections 1112(e)(3) and 1124 of Pub. L. 107-296
    effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-
    296, set out as an Effective Date note under section 101 of Title
    6, Domestic Security.
      Pub. L. 107-296, title XI, Sec. 1122(i), Nov. 25, 2002, 116 Stat.
    2283, provided that:
      "(1) In general. - The amendments made by this section [amending
    this section and sections 841 and 842 of this title] shall take
    effect 180 days after the date of enactment of this Act [Nov. 25,
    2002].
      "(2) Exception. - Notwithstanding any provision of this Act [see
    Tables for classification], a license or permit issued under
    section 843 of title 18, United States Code, before the date of
    enactment of this Act [Nov. 25, 2002], shall remain valid until
    that license or permit is revoked under section 843(d) or expires,
    or until a timely application for renewal is acted upon."
      CONTINUATION IN BUSINESS OR OPERATION OF ANY PERSON ENGAGED IN
                 BUSINESS OR OPERATION ON OCTOBER 15, 1970
      Filing of application for a license or permit prior to the
    effective date of this section as authorizing any person engaged in
    a business or operation requiring a license or a permit on Oct. 15,
    1970 to continue such business or operation pending final action on
    such application, see section 1105(c) of Pub. L. 91-452, set out as
    a note under section 841 of this title.
-FOOTNOTE-
    (!1) So in original. Probably should be "Attorney General".
    (!2) So in original. Probably should be "Attorney General's".
-End-
-CITE-
    18 USC Sec. 844                                             01/03/2007
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
                  EXPLOSIVE MATERIALS             
-HEAD-
    Sec. 844. Penalties
-STATUTE-
      (a) Any person who - 
        (1) violates any of subsections (a) through (i) or (l) through
      (o) of section 842 shall be fined under this title, imprisoned
      for not more than 10 years, or both; and
        (2) violates subsection (p)(2) of section 842, shall be fined
      under this title, imprisoned not more than 20 years, or both.
      (b) Any person who violates any other provision of section 842 of
    this chapter shall be fined under this title or imprisoned not more
    than one year, or both.
      (c)(1) Any explosive materials involved or used or intended to be
    used in any violation of the provisions of this chapter or any
    other rule or regulation promulgated thereunder or any violation of
    any criminal law of the United States shall be subject to seizure
    and forfeiture, and all provisions of the Internal Revenue Code of
    1986 relating to the seizure, forfeiture, and disposition of
    firearms, as defined in section 5845(a) of that Code, shall, so far
    as applicable, extend to seizures and forfeitures under the
    provisions of this chapter.
      (2) Notwithstanding paragraph (1), in the case of the seizure of
    any explosive materials for any offense for which the materials
    would be subject to forfeiture in which it would be impracticable
    or unsafe to remove the materials to a place of storage or would be
    unsafe to store them, the seizing officer may destroy the explosive
    materials forthwith. Any destruction under this paragraph shall be
    in the presence of at least 1 credible witness. The seizing officer
    shall make a report of the seizure and take samples as the Attorney
    General may by regulation prescribe.
      (3) Within 60 days after any destruction made pursuant to
    paragraph (2), the owner of (including any person having an
    interest in) the property so destroyed may make application to the
    Attorney General for reimbursement of the value of the property. If
    the claimant establishes to the satisfaction of the Attorney
    General that - 
        (A) the property has not been used or involved in a violation
      of law; or
        (B) any unlawful involvement or use of the property was without
      the claimant's knowledge, consent, or willful blindness,
    the Attorney General shall make an allowance to the claimant not
    exceeding the value of the property destroyed.
      (d) Whoever transports or receives, or attempts to transport or
    receive, in interstate or foreign commerce any explosive with the
    knowledge or intent that it will be used to kill, injure, or
    intimidate any individual or unlawfully to damage or destroy any
    building, vehicle, or other real or personal property, shall be
    imprisoned for not more than ten years, or fined under this title,
    or both; and if personal injury results to any person, including
    any public safety officer performing duties as a direct or
    proximate result of conduct prohibited by this subsection, shall be
    imprisoned for not more than twenty years or fined under this
    title, or both; and if death results to any person, including any
    public safety officer performing duties as a direct or proximate
    result of conduct prohibited by this subsection, shall be subject
    to imprisonment for any term of years, or to the death penalty or
    to life imprisonment.
      (e) Whoever, through the use of the mail, telephone, telegraph,
    or other instrument of interstate or foreign commerce, or in or
    affecting interstate or foreign commerce, willfully makes any
    threat, or maliciously conveys false information knowing the same
    to be false, concerning an attempt or alleged attempt being made,
    or to be made, to kill, injure, or intimidate any individual or
    unlawfully to damage or destroy any building, vehicle, or other
    real or personal property by means of fire or an explosive shall be
    imprisoned for not more than 10 years or fined under this title, or
    both.
      (f)(1) Whoever maliciously damages or destroys, or attempts to
    damage or destroy, by means of fire or an explosive, any building,
    vehicle, or other personal or real property in whole or in part
    owned or possessed by, or leased to, the United States, or any
    department or agency thereof, or any institution or organization
    receiving Federal financial assistance, shall be imprisoned for not
    less than 5 years and not more than 20 years, fined under this
    title, or both.
      (2) Whoever engages in conduct prohibited by this subsection, and
    as a result of such conduct, directly or proximately causes
    personal injury or creates a substantial risk of injury to any
    person, including any public safety officer performing duties,
    shall be imprisoned for not less than 7 years and not more than 40
    years, fined under this title, or both.
      (3) Whoever engages in conduct prohibited by this subsection, and
    as a result of such conduct directly or proximately causes the
    death of any person, including any public safety officer performing
    duties, shall be subject to the death penalty, or imprisoned for
    not less than 20 years or for life, fined under this title, or
    both.
      (g)(1) Except as provided in paragraph (2), whoever possesses an
    explosive in an airport that is subject to the regulatory authority
    of the Federal Aviation Administration, or in any building in whole
    or in part owned, possessed, or used by, or leased to, the United
    States or any department or agency thereof, except with the written
    consent of the agency, department, or other person responsible for
    the management of such building or airport, shall be imprisoned for
    not more than five years, or fined under this title, or both.
      (2) The provisions of this subsection shall not be applicable to -
     
        (A) the possession of ammunition (as that term is defined in
      regulations issued pursuant to this chapter) in an airport that
      is subject to the regulatory authority of the Federal Aviation
      Administration if such ammunition is either in checked baggage or
      in a closed container; or
        (B) the possession of an explosive in an airport if the
      packaging and transportation of such explosive is exempt from, or
      subject to and in accordance with, regulations of the Pipeline
      and Hazardous Materials Safety Administration for the handling of
      hazardous materials pursuant to chapter 51 of title 49.
      (h) Whoever - 
        (1) uses fire or an explosive to commit any felony which may be
      prosecuted in a court of the United States, or
        (2) carries an explosive during the commission of any felony
      which may be prosecuted in a court of the United States,
    including a felony which provides for an enhanced punishment if
    committed by the use of a deadly or dangerous weapon or device
    shall, in addition to the punishment provided for such felony, be
    sentenced to imprisonment for 10 years. In the case of a second or
    subsequent conviction under this subsection, such person shall be
    sentenced to imprisonment for 20 years. Notwithstanding any other
    provision of law, the court shall not place on probation or suspend
    the sentence of any person convicted of a violation of this
    subsection, nor shall the term of imprisonment imposed under this
    subsection run concurrently with any other term of imprisonment
    including that imposed for the felony in which the explosive was
    used or carried.
      (i) Whoever maliciously damages or destroys, or attempts to
    damage or destroy, by means of fire or an explosive, any building,
    vehicle, or other real or personal property used in interstate or
    foreign commerce or in any activity affecting interstate or foreign
    commerce shall be imprisoned for not less than 5 years and not more
    than 20 years, fined under this title, or both; and if personal
    injury results to any person, including any public safety officer
    performing duties as a direct or proximate result of conduct
    prohibited by this subsection, shall be imprisoned for not less
    than 7 years and not more than 40 years, fined under this title, or
    both; and if death results to any person, including any public
    safety officer performing duties as a direct or proximate result of
    conduct prohibited by this subsection, shall also be subject to
    imprisonment for any term of years, or to the death penalty or to
    life imprisonment.
      (j) For the purposes of subsections (d), (e), (f), (g), (h), and
    (i) of this section and section 842(p), the term "explosive" means
    gunpowders, powders used for blasting, all forms of high
    explosives, blasting materials, fuzes (other than electric circuit
    breakers), detonators, and other detonating agents, smokeless
    powders, other explosive or incendiary devices within the meaning
    of paragraph (5) of section 232 of this title, and any chemical
    compounds, mechanical mixture, or device that contains any
    oxidizing and combustible units, or other ingredients, in such
    proportions, quantities, or packing that ignition by fire, by
    friction, by concussion, by percussion, or by detonation of the
    compound, mixture, or device or any part thereof may cause an
    explosion.
      (k) A person who steals any explosives materials which are moving
    as, or are a part of, or which have moved in, interstate or foreign
    commerce shall be imprisoned for not more than 10 years, fined
    under this title, or both.
      (l) A person who steals any explosive material from a licensed
    importer, licensed manufacturer, or licensed dealer, or from any
    permittee shall be fined under this title, imprisoned not more than
    10 years, or both.
      (m) A person who conspires to commit an offense under subsection
    (h) shall be imprisoned for any term of years not exceeding 20,
    fined under this title, or both.
      (n) Except as otherwise provided in this section, a person who
    conspires to commit any offense defined in this chapter shall be
    subject to the same penalties (other than the penalty of death) as
    the penalties prescribed for the offense the commission of which
    was the object of the conspiracy.
      (o) Whoever knowingly transfers any explosive materials, knowing
    or having reasonable cause to believe that such explosive materials
    will be used to commit a crime of violence (as defined in section
    924(c)(3)) or drug trafficking crime (as defined in section
    924(c)(2)) shall be subject to the same penalties as may be imposed
    under subsection (h) for a first conviction for the use or carrying
    of an explosive material.
      (p) Theft Reporting Requirement. - 
        (1) In general. - A holder of a license or permit who knows
      that explosive materials have been stolen from that licensee or
      permittee, shall report the theft to the Secretary (!1) not later
      than 24 hours after the discovery of the theft.
        (2) Penalty. - A holder of a license or permit who does not
      report a theft in accordance with paragraph (1), shall be fined
      not more than $10,000, imprisoned not more than 5 years, or both.
-SOURCE-
    (Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84
    Stat. 956; amended Pub. L. 97-298, Sec. 2, Oct. 12, 1982, 96 Stat.
    1319; Pub. L. 98-473, title II, Sec. 1014, Oct. 12, 1984, 98 Stat.
    2142; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.
    L. 100-690, title VI, Sec. 6474(a), (b), Nov. 18, 1988, 102 Stat.
    4379; Pub. L. 101-647, title XXXV, Sec. 3522, Nov. 29, 1990, 104
    Stat. 4924; Pub. L. 103-272, Sec. 5(e)(7), July 5, 1994, 108 Stat.
    1374; Pub. L. 103-322, title VI, Sec. 60003(a)(3), title XI, Secs.
    110504(b), 110509, 110515(b), 110518(b), title XXXII, Secs. 320106,
    320917(a), title XXXIII, Sec. 330016(1)(H), (K), (L), (N), Sept.
    13, 1994, 108 Stat. 1969, 2016, 2018, 2020, 2111, 2129, 2147, 2148;
    Pub. L. 104-132, title VI, Sec. 604, title VII, Secs. 701, 706,
    708(a), (c)(3), 724, Apr. 24, 1996, 110 Stat. 1289, 1291, 1295-
    1297, 1300; Pub. L. 104-294, title VI, Sec. 603(a), Oct. 11, 1996,
    110 Stat. 3503; Pub. L. 106-54, Sec. 2(b), Aug. 17, 1999, 113 Stat.
    399; Pub. L. 107-296, title XI, Secs. 1112(e)(3), 1125, 1127, Nov.
    25, 2002, 116 Stat. 2276, 2285; Pub. L. 108-426, Sec. 2(c)(6), Nov.
    30, 2004, 118 Stat. 2424.)
-REFTEXT-
                            REFERENCES IN TEXT                        
      The Internal Revenue Code of 1986, referred to in subsec. (c)(1),
    is set out as Title 26, Internal Revenue Code.
      Section 5845(a) of that Code, referred to in subsec. (c)(1), is
    section 5845(a) of Title 26.
-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (g)(2)(B). Pub. L. 108-426 substituted "Pipeline
    and Hazardous Materials Safety Administration" for "Research and
    Special Projects Administration".
      2002 - Subsec. (c)(2), (3). Pub. L. 107-296, Sec. 1112(e)(3),
    substituted "Attorney General" for "Secretary" wherever appearing.
      Subsec. (f)(1). Pub. L. 107-296, Sec. 1125, inserted "or any
    institution or organization receiving Federal financial
    assistance," before "shall".
      Subsec. (p). Pub. L. 107-296, Sec. 1127, added subsec. (p).
      1999 - Subsec. (a). Pub. L. 106-54, Sec. 2(b)(1), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (j). Pub. L. 106-54, Sec. 2(b)(2), inserted "and section
    842(p)" after "this section".
      1996 - Subsec. (a). Pub. L. 104-132, Sec. 604, amended subsec.
    (a) generally. Prior to amendment, subsec. (a) read as follows:
    "Any person who violates subsections (a) through (i) of section 842
    of this chapter shall be fined under this title or imprisoned not
    more than ten years, or both."
      Subsec. (e). Pub. L. 104-132, Secs. 708(a)(1), 724, substituted
    "interstate or foreign commerce, or in or affecting interstate or
    foreign commerce," for "commerce" and "10" for "five".
      Subsec. (f). Pub. L. 104-132, Sec. 708(a)(2), amended subsec. (f)
    generally. Prior to amendment, subsec. (f) read as follows:
    "Whoever maliciously damages or destroys, or attempts to damage or
    destroy, by means of fire or an explosive, any building, vehicle,
    or other personal or real property in whole or in part owned,
    possessed, or used by, or leased to, the United States, any
    department or agency thereof, or any institution or organization
    receiving Federal financial assistance shall be imprisoned for not
    more than 20 years, fined the greater of the fine under this title
    or the cost of repairing or replacing any property that is damaged
    or destroyed,, or both; and if personal injury results to any
    person, including any public safety officer performing duties as a
    direct or proximate result of conduct prohibited by this
    subsection, shall be imprisoned for not more than 40 years, fined
    the greater of the fine under this title or the cost of repairing
    or replacing any property that is damaged or destroyed,, or both;
    and if death results to any person, including any public safety
    officer performing duties as a direct or proximate result of
    conduct prohibited by this subsection, shall be subject to
    imprisonment for any term of years, or to the death penalty or to
    life imprisonment."
      Subsec. (h). Pub. L. 104-132, Sec. 708(a)(3), in concluding
    provisions, substituted "10 years" and "20 years" for "5 years but
    not more than 15 years" and "10 years but not more than 25 years",
    respectively.
      Subsec. (i). Pub. L. 104-294, which directed substitution of
    comma for ",," each place appearing, could not be executed because
    ",," did not appear in text subsequent to amendment by Pub. L. 104-
    132, Sec. 708(a)(4). See below.
      Pub. L. 104-132, Sec. 708(c)(3), struck out at end "No person
    shall be prosecuted, tried, or punished for any noncapital offense
    under this subsection unless the indictment is found or the
    information is instituted within 7 years after the date on which
    the offense was committed."
      Pub. L. 104-132, Sec. 708(a)(4)(B), which directed substitution
    of "not less than 7 years and not more than 40 years, fined under
    this title" for "not more than 40 years, fined the greater of a
    fine under this title or the cost of repairing or replacing any
    property that is damaged or destroyed,", was executed by making the
    substitution in text which read "not more than 40 years, fined the
    greater of the fine under this title" to reflect the probable
    intent of Congress.
      Pub. L. 104-132, Sec. 708(a)(4)(A), substituted "not less than 5
    years and not more than 20 years, fined under this title" for "not
    more than 20 years, fined the greater of the fine under this title
    or the cost of repairing or replacing any property that is damaged
    or destroyed,".
      Subsec. (n). Pub. L. 104-132, Sec. 701, added subsec. (n).
      Subsec. (o). Pub. L. 104-132, Sec. 706, added subsec. (o).
      1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(L),
    substituted "fined under this title" for "fined not more than
    $10,000".
      Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(H), substituted
    "fined under this title" for "fined not more than $1,000".
      Subsec. (c). Pub. L. 103-322, Sec. 110509, designated existing
    provisions as par. (1) and added pars. (2) and (3).
      Subsec. (d). Pub. L. 103-322, Sec. 330016(1)(L), (N), substituted
    "fined under this title" for "fined not more than $10,000" after
    "ten years, or" and for "fined not more than $20,000" after "twenty
    years or".
      Pub. L. 103-322, Sec. 60003(a)(3)(A), struck out before period at
    end "as provided in section 34 of this title".
      Subsec. (e). Pub. L. 103-322, Sec. 330016(1)(K), substituted
    "fined under this title" for "fined not more than $5,000".
      Subsec. (f). Pub. L. 103-322, Sec. 320106(1)(B), which directed
    the substitution of "not more than 40 years, fined the greater of
    the fine under this title or the cost of repairing or replacing any
    property that is damaged or destroyed," for "not more than twenty
    years, or fined not more than $10,000", was executed by making the
    substitution for "not more than twenty years, or fined not more
    than $20,000", to reflect the probable intent of Congress.
      Pub. L. 103-322, Sec. 320106(1)(A), substituted "not more than 20
    years, fined the greater of the fine under this title or the cost
    of repairing or replacing any property that is damaged or
    destroyed," for "not more than ten years, or fined not more than
    $10,000".
      Pub. L. 103-322, Sec. 60003(a)(3)(B), struck out before period at
    end "as provided in section 34 of this title".
      Subsec. (g)(2)(B). Pub. L. 103-272 substituted "chapter 51 of
    title 49" for "the Hazardous Materials Transportation Act (49 App.
    U.S.C. 1801, et seq.)".
      Subsec. (h). Pub. L. 103-322, Sec. 320106(2), in concluding
    provisions, substituted "5 years but not more than 15 years" for
    "five years" and "10 years but not more than 25 years" for "ten
    years".
      Subsec. (i). Pub. L. 103-322, Sec. 320917(a), inserted at end "No
    person shall be prosecuted, tried, or punished for any noncapital
    offense under this subsection unless the indictment is found or the
    information is instituted within 7 years after the date on which
    the offense was committed."
      Pub. L. 103-322, Sec. 320106(3), substituted "not more than 20
    years, fined the greater of the fine under this title or the cost
    of repairing or replacing any property that is damaged or
    destroyed," for "not more than ten years or fined not more than
    $10,000" and "not more than 40 years, fined the greater of the fine
    under this title or the cost of repairing or replacing any property
    that is damaged or destroyed," for "not more than twenty years or
    fined not more than $20,000".
      Pub. L. 103-322, Sec. 60003(a)(3)(C), struck out "as provided in
    section 34 of this title" after "death penalty or to life
    imprisonment".
      Subsec. (k). Pub. L. 103-322, Sec. 110504(b), added subsec. (k).
      Subsec. (l). Pub. L. 103-322, Sec. 110515(b), added subsec. (l).
      Subsec. (m). Pub. L. 103-322, Sec. 110518(b), added subsec. (m).
      1990 - Subsec. (d). Pub. L. 101-647 substituted "subsection," for
    "subsection,," before "shall be subject to imprisonment".
      1988 - Subsec. (g). Pub. L. 100-690, Sec. 6474(a), designated
    existing provisions as par. (1), substituted "Except as provided in
    paragraph (2), whoever" for "Whoever", inserted "in an airport that
    is subject to the regulatory authority of the Federal Aviation
    Administration, or" after "possess an explosive", inserted "or
    airport" after "such building", substituted "not more than five
    years, or fined under this title, or both" for "not more than one
    year, or fined not more than $1,000, or both", and added par. (2).
      Subsec. (h). Pub. L. 100-690, Sec. 6474(b)(2), which directed the
    amendment of subsec. (h) by striking "shall be sentenced" through
    the end and inserting new provisions was executed by striking
    "shall be sentenced" the first time it appeared through the end of
    the subsection which resulted in inserting concluding provisions
    and striking out former concluding provisions which read as
    follows: "shall be sentenced to a term of imprisonment for not less
    than one year nor more than ten years. In the case of his second or
    subsequent conviction under this subsection, such person shall be
    sentenced to a term of imprisonment for not less than five years
    nor more than twenty-five years, and, notwithstanding any other
    provision of law, the court shall not suspend the sentence of such
    person or give him a probationary sentence."
      Subsec. (h)(2). Pub. L. 100-690, Sec. 6474(b)(1), in par. (2),
    struck out "unlawfully" after "explosive".
      1986 - Subsec. (c). Pub. L. 99-514 substituted "Internal Revenue
    Code of 1986" for "Internal Revenue Code of 1954".
      1984 - Subsecs. (d), (f), (i). Pub. L. 98-473 substituted
    "personal injury results to any person, including any public safety
    officer performing duties as a direct or proximate result of
    conduct prohibited by this subsection," for "personal injury
    results" and "death results to any person, including any public
    safety officer performing duties as a direct or proximate result of
    conduct prohibited by this subsection," for "death results".
      1982 - Subsecs. (e), (f). Pub. L. 97-298, Sec. 2(a), inserted
    "fire or" after "by means of" wherever appearing.
      Subsec. (h)(1). Pub. L. 97-298, Sec. 2(b), inserted "fire or"
    after "uses".
      Subsec. (i). Pub. L. 97-298, Sec. 2(c), inserted "fire or" after
    "by means of".
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.
                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 604 of Pub. L. 104-132 effective 1 year
    after Apr. 24, 1996, see section 607 of Pub. L. 104-132, set out as
    a note under section 841 of this title.
                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 320917(b) of Pub. L. 103-322 provided that: "The
    amendment made by subsection (a) [amending this section] shall not
    apply to any offense described in the amendment that was committed
    more than 5 years prior to the date of enactment of this Act [Sept.
    13, 1994]."
                              EFFECTIVE DATE                          
      Subsecs. (a) to (c) of this section effective 120 days after Oct.
    15, 1970, and subsecs. (d) to (j) of this section effective on Oct.
    15, 1970, see section 1105(a), (b), set out as a note under section
    841 of this title.
-FOOTNOTE-
    (!1) So in original. Probably should be "Attorney General".
-End-
-CITE-
    18 USC Sec. 845                                             01/03/2007
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
                  EXPLOSIVE MATERIALS             
-HEAD-
    Sec. 845. Exceptions; relief from disabilities
-STATUTE-
      (a) Except in the case of subsections (!1) (l), (m), (n), or (o)
    of section 842 and subsections (d), (e), (f), (g), (h), and (i) of
    section 844 of this title, this chapter shall not apply to:
        (1) aspects of the transportation of explosive materials via
      railroad, water, highway, or air that pertain to safety,
      including security, and are regulated by the Department of
      Transportation or the Department of Homeland Security;
        (2) the use of explosive materials in medicines and medicinal
      agents in the forms prescribed by the official United States
      Pharmacopeia, or the National Formulary;
        (3) the transportation, shipment, receipt, or importation of
      explosive materials for delivery to any agency of the United
      States or to any State or political subdivision thereof;
        (4) small arms ammunition and components thereof;
        (5) commercially manufactured black powder in quantities not to
      exceed fifty pounds, percussion caps, safety and pyrotechnic
      fuses, quills, quick and slow matches, and friction primers,
      intended to be used solely for sporting, recreational, or
      cultural purposes in antique firearms as defined in section
      921(a)(16) of title 18 of the United States Code, or in antique
      devices as exempted from the term "destructive device" in section
      921(a)(4) of title 18 of the United States Code; and
        (6) the manufacture under the regulation of the military
      department of the United States of explosive materials for, or
      their distribution to or storage or possession by the military or
      naval services or other agencies of the United States; or to
      arsenals, navy yards, depots, or other establishments owned by,
      or operated by or on behalf of, the United States.
      (b)(1) A person who is prohibited from shipping, transporting,
    receiving, or possessing any explosive under section 842(i) may
    apply to the Secretary (!2) for relief from such prohibition.
      (2) The Secretary (!2) may grant the relief requested under
    paragraph (1) if the Secretary (!2) determines that the
    circumstances regarding the applicability of section 842(i), and
    the applicant's record and reputation, are such that the applicant
    will not be likely to act in a manner dangerous to public safety
    and that the granting of such relief is not contrary to the public
    interest.
      (3) A licensee or permittee who applies for relief, under this
    subsection, from the disabilities incurred under this chapter as a
    result of an indictment for or conviction of a crime punishable by
    imprisonment for a term exceeding 1 year shall not be barred by
    such disability from further operations under the license or permit
    pending final action on an application for relief filed pursuant to
    this section.
      (c) It is an affirmative defense against any proceeding involving
    subsections (l) through (o) of section 842 if the proponent proves
    by a preponderance of the evidence that the plastic explosive - 
        (1) consisted of a small amount of plastic explosive intended
      for and utilized solely in lawful - 
          (A) research, development, or testing of new or modified
        explosive materials;
          (B) training in explosives detection or development or
        testing of explosives detection equipment; or
          (C) forensic science purposes; or
        (2) was plastic explosive that, within 3 years after the date
      of enactment of the Antiterrorism and Effective Death Penalty Act
      of 1996, will be or is incorporated in a military device within
      the territory of the United States and remains an integral part
      of such military device, or is intended to be, or is incorporated
      in, and remains an integral part of a military device that is
      intended to become, or has become, the property of any agency of
      the United States performing military or police functions
      (including any military reserve component) or the National Guard
      of any State, wherever such device is located.
        (3) For purposes of this subsection, the term "military device"
      includes, but is not restricted to, shells, bombs, projectiles,
      mines, missiles, rockets, shaped charges, grenades, perforators,
      and similar devices lawfully manufactured exclusively for
      military or police purposes.
-SOURCE-
    (Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84
    Stat. 958; amended Pub. L. 93-639, Sec. 101, Jan. 4, 1975, 88 Stat.
    2217; Pub. L. 104-132, title VI, Sec. 605, Apr. 24, 1996, 110 Stat.
    1289; Pub. L. 107-296, title XI, Secs. 1112(e)(3), 1126, Nov. 25,
    2002, 116 Stat. 2276, 2285; Pub. L. 109-59, title VII, Sec. 7127,
    Aug. 10, 2005, 119 Stat. 1909.)
-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the Antiterrorism and Effective Death
    Penalty Act of 1996, referred to in subsec. (c)(2), is the date of
    enactment of Pub. L. 104-132, which was approved Apr. 24, 1996.
-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(1). Pub. L. 109-59 amended par. (1) generally.
    Prior to amendment, par. (1) read as follows: "any aspect of the
    transportation of explosive materials via railroad, water, highway,
    or air which are regulated by the United States Department of
    Transportation and agencies thereof, and which pertain to safety;".
      2002 - Subsec. (b). Pub. L. 107-296, Sec. 1126, amended subsec.
    (b) generally. Prior to amendment, text read as follows: "A person
    who had been indicted for or convicted of a crime punishable by
    imprisonment for a term exceeding one year may make application to
    the Attorney General for relief from the disabilities imposed by
    this chapter with respect to engaging in the business of importing,
    manufacturing, or dealing in explosive materials, or the purchase
    of explosive materials, and incurred by reason of such indictment
    or conviction, and the Attorney General may grant such relief if it
    is established to his satisfaction that the circumstances regarding
    the indictment or conviction, and the applicant's record and
    reputation, are such that the applicant will not be likely to act
    in a manner dangerous to public safety and that the granting of the
    relief will not be contrary to the public interest. A licensee or
    permittee who makes application for relief from the disabilities
    incurred under this chapter by reason of indictment or conviction,
    shall not be barred by such indictment or conviction from further
    operations under his license or permit pending final action on an
    application for relief filed pursuant to this section."
      Pub. L. 107-296, Sec. 1112(e)(3), substituted "Attorney General"
    for "Secretary" in two places.
      1996 - Subsec. (a). Pub. L. 104-132, Sec. 605(1), inserted "(l),
    (m), (n), or (o) of section 842 and subsections" after
    "subsections" in introductory provisions and ", and which pertain
    to safety" before semicolon at end of par. (1).
      Subsec. (c). Pub. L. 104-132, Sec. 605(2), added subsec. (c).
      1975 - Subsec. (a)(5). Pub. L. 93-639 substituted provisions
    exempting commercially manufactured black powder in quantities not
    exceeding fifty pounds, percussion caps, safety and pyrotechnic
    fuses, quills, quick and slow matches, and friction primers,
    intended to be used solely for sporting, recreational, or cultural
    purposes in antique firearms or in antique devices for such
    exemption of black powder in quantities not exceeding five pounds.
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.
                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-132 effective 1 year after Apr. 24,
    1996, see section 607 of Pub. L. 104-132, set out as a note under
    section 841 of this title.
-FOOTNOTE-
    (!1) So in original. Probably should be "subsection".
    (!2) So in original. Probably should be "Attorney General".
-End-
-CITE-
    18 USC Sec. 846                                             01/03/2007
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
                  EXPLOSIVE MATERIALS             
-HEAD-
    Sec. 846. Additional powers of the Attorney General
-STATUTE-
      (a) The Attorney General is authorized to inspect the site of any
    accident, or fire, in which there is reason to believe that
    explosive materials were involved, in order that if any such
    incident has been brought about by accidental means, precautions
    may be taken to prevent similar accidents from occurring. In order
    to carry out the purpose of this subsection, the Attorney General
    is authorized to enter into or upon any property where explosive
    materials have been used, are suspected of having been used, or
    have been found in an otherwise unauthorized location. Nothing in
    this chapter shall be construed as modifying or otherwise affecting
    in any way the investigative authority of any other Federal agency.
    In addition to any other investigatory authority they have with
    respect to violations of provisions of this chapter, the Federal
    Bureau of Investigation, together with the Bureau of Alcohol,
    Tobacco, Firearms, and Explosives, shall have authority to conduct
    investigations with respect to violations of subsection (d), (e),
    (f), (g), (h), or (i) of section 844 of this title.
      (b) The Attorney General is authorized to establish a national
    repository of information on incidents involving arson and the
    suspected criminal misuse of explosives. All Federal agencies
    having information concerning such incidents shall report the
    information to the Attorney General pursuant to such regulations as
    deemed necessary to carry out the provisions of this subsection.
    The repository shall also contain information on incidents
    voluntarily reported to the Attorney General by State and local
    authorities.
-SOURCE-
    (Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84
    Stat. 959; amended Pub. L. 104-208, div. A, title I, Sec. 101(f)
    [title VI, Sec. 654(a)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-
    369; Pub. L. 107-296, title XI, Sec. 1112(e)(2), (3), Nov. 25,
    2002, 116 Stat. 2276.)
-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-296, Sec. 1112(e)(3), substituted "Attorney
    General" for "Secretary" in section catchline.
      Subsec. (a). Pub. L. 107-296, Sec. 1112(e)(3), substituted
    "Attorney General" for "Secretary" in two places.
      Pub. L. 107-296, Sec. 1112(e)(2), substituted "the Federal Bureau
    of Investigation, together with the Bureau of Alcohol, Tobacco,
    Firearms, and Explosives" for "the Attorney General and the Federal
    Bureau of Investigation, together with the Secretary".
      Subsec. (b). Pub. L. 107-296, Sec. 1112(e)(3), substituted
    "Attorney General" for "Secretary" wherever appearing.
      1996 - Pub. L. 104-208 designated existing provisions as subsec.
    (a) and added subsec. (b).
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.
                      AUTHORIZATION OF APPROPRIATIONS                  
      Section 101(f) [title VI, Sec. 654(b)] of div. A of Pub. L. 104-
    208 provided that: "There is authorized to be appropriated such
    sums as may be necessary to carry out the provisions of this
    subsection [probably means "this section" which amended this
    section]."
               CERTIFICATION OF EXPLOSIVES DETECTION CANINES           
      Pub. L. 106-554, Sec. 1(a)(3) [title VI, Sec. 626], Dec. 21,
    2000, 114 Stat. 2763, 2763A-162, provided that: "Hereafter, the
    Secretary of the Treasury is authorized to establish scientific
    certification standards for explosives detection canines, and shall
    provide, on a reimbursable basis, for the certification of
    explosives detection canines employed by Federal agencies, or other
    agencies providing explosives detection services at airports in the
    United States."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 106-58, title VI, Sec. 630, Sept. 29, 1999, 113 Stat.
    473.
      Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 640], Oct.
    21, 1998, 112 Stat. 2681-480, 2681-526.
      Pub. L. 105-61, title VI, Sec. 627, Oct. 10, 1997, 111 Stat.
    1315.
      Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec.
    653(a)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-369.
-End-
-CITE-
    18 USC Sec. 847                                             01/03/2007
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
                  EXPLOSIVE MATERIALS             
-HEAD-
    Sec. 847. Rules and regulations
-STATUTE-
      The administration of this chapter shall be vested in the
    Attorney General. The Attorney General may prescribe such rules and
    regulations as he deems reasonably necessary to carry out the
    provisions of this chapter. The Attorney General shall give
    reasonable public notice, and afford to interested parties
    opportunity for hearing, prior to prescribing such rules and
    regulations.
-SOURCE-
    (Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84
    Stat. 959; amended Pub. L. 107-296, title XI, Sec. 1112(e)(3), Nov.
    25, 2002, 116 Stat. 2276.)
-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-296 substituted "Attorney General" for
    "Secretary" wherever appearing.
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.
-End-
-CITE-
    18 USC Sec. 848                                             01/03/2007
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
                  EXPLOSIVE MATERIALS             
-HEAD-
    Sec. 848. Effect on State law
-STATUTE-
      No provision of this chapter shall be construed as indicating an
    intent on the part of the Congress to occupy the field in which
    such provision operates to the exclusion of the law of any State on
    the same subject matter, unless there is a direct and positive
    conflict between such provision and the law of the State so that
    the two cannot be reconciled or consistently stand together.
-SOURCE-
    (Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84
    Stat. 959.)
-End-