420 
withstanding section 292, the Secretary of Defense 
may, in accordance with other applicable law, pro-
vide such assistance to the Attorney General if— 
‘‘(A) an emergency situation exists (as 
jointly determined by the Attorney General and 
the Secretary of Defense in their discretion); 
and 
‘‘(B) the provision of such assistance will 
not adversely affect the military preparedness 
of the United States (as determined by the Sec-
retary of Defense in such Secretary’s discre-
tion). 
‘‘(2) As used in this subsection, the term ‘emer-
gency situation’ means a circumstance— 
‘‘(A) that poses a serious threat to the in-
terests of the United States; and 
‘‘(B) in which— 
‘‘(i) enforcement of the law would be 
seriously impaired if the assistance were 
not provided; and 
‘‘(ii) civilian law enforcement per-
sonnel are not capable of enforcing the 
law. 
‘‘(3) Assistance under this section may in-
clude— 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00420
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
421 
‘‘(A) use of personnel of the Department 
of Defense to arrest persons and conduct 
searches and seizures with respect to violations 
of this section; and 
‘‘(B) such other activity as is incidental to 
the enforcement of this section, or to the pro-
tection of persons or property from conduct 
that violates this section. 
‘‘(4) The Secretary of Defense may require re-
imbursement as a condition of assistance under this 
section. 
‘‘(5) The Attorney General may delegate the 
Attorney General’s function under this subsection 
only to a Deputy, Associate, or Assistant Attorney 
General. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘nuclear material’ means material 
containing any— 
‘‘(A) plutonium; 
‘‘(B) uranium not in the form of ore or ore 
residue that contains the mixture of isotopes as 
occurring in nature; 
‘‘(C) enriched uranium, defined as ura-
nium that contains the isotope 233 or 235 or 
both in such amount that the abundance ratio 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00421
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
422 
of the sum of those isotopes to the isotope 238 
is greater than the ratio of the isotope 235 to 
the isotope 238 occurring in nature; or 
‘‘(D) uranium 233; 
‘‘(2) the term ‘nuclear byproduct material’ 
means any material containing any radioactive iso-
tope created through an irradiation process in the 
operation of a nuclear reactor or accelerator; 
‘‘(3) the term ‘international organization’ 
means a public international organization designated 
as such pursuant to section 1 of the International 
Organizations Immunities Act or a public organiza-
tion created pursuant to treaty or other agreement 
under international law as an instrument through or 
by which two or more foreign governments engage in 
some aspect of their conduct of international affairs; 
and 
‘‘(4) the term ‘United States corporation or 
other legal entity’ means any corporation or other 
entity organized under the laws of the United States 
or any State of the United States. 
‘‘SUBCHAPTER 
D—IMPORTATION, 
MANUFAC-
TURE, DISTRIBUTION, AND STORAGE OF 
EXPLOSIVE MATERIALS 
‘‘611. Definitions. 
‘‘612. Unlawful Acts. 
‘‘613. Licenses and user permits. 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00422
Fmt 6652
Sfmt 6211
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
423 
‘‘614. Penalties. 
‘‘615. Exceptions; relief from disabilities. 
‘‘616. Additional powers of the Attorney General. 
‘‘617. Rules and regulations. 
‘‘§ 611. Definitions 
‘‘In this subchapter the following definitions apply: 
‘‘(1) The term ‘explosive materials’ means ex-
plosives, blasting agents, and detonators. 
‘‘(2) Except for the purposes of subsections (d), 
(e), (f), (g), (h), (i), and (j) of section 614, the term 
‘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, ig-
niter 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 subchapter. For the purposes of subsections (d), 
(e), (f), (g), (h), and (i) of section 614, the term ‘ex-
plosive’ is defined in subsection (j) of such section 
614. 
‘‘(3) The term ‘blasting agent’ means any mate-
rial or mixture, consisting of fuel and oxidizer, in-
tended for blasting, not otherwise defined as an ex-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00423
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
424 
plosive, if the finished product, as mixed for use or 
shipment, cannot be detonated by means of a num-
bered 8 test blasting cap when unconfined. 
‘‘(4) The term ‘detonator’ means any device 
containing a detonating charge that is used for initi-
ating detonation in an explosive; the term includes 
electric blasting caps of instantaneous and delay 
types, blasting caps for use with safety fuses and 
detonating-cord delay connectors. 
‘‘(5) The term ‘importer’ means any person en-
gaged in the business of importing or bringing explo-
sive materials into the United States for purposes of 
sale or distribution. 
‘‘(6) The term ‘manufacturer’ means any per-
son engaged in the business of manufacturing explo-
sive materials for purposes of sale or distribution or 
for that person’s own use. 
‘‘(7) The term ‘dealer’ means any person en-
gaged in the business of distributing explosive mate-
rials at wholesale or retail. 
‘‘(8) The term ‘permittee’ means any user of 
explosives for a lawful purpose, who has obtained ei-
ther a user permit or a limited permit under this 
chapter. 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00424
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
425 
‘‘(9) The term ‘Attorney General’ means the 
Attorney General of the United States. 
‘‘(10) The term ‘crime punishable by imprison-
ment for a term exceeding one year’ does not mean 
(A) any Federal or State offenses pertaining to anti-
trust violations, unfair trade practices, restraints of 
trade, or other similar offenses relating to the regu-
lation of business practices as the Attorney General 
may by regulation designate, or (B) any State of-
fense (other than one involving a firearm or explo-
sive) classified by the laws of the State as a mis-
demeanor and punishable by a term of imprisonment 
of two years or less. 
‘‘(11) The term ‘licensee’ means any importer, 
manufacturer, or dealer licensed under this chapter. 
‘‘(12) The term ‘distribute’ means sell, issue, 
give, transfer, or otherwise dispose of. 
‘‘(13) The term ‘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. 
‘‘(14) The term ‘detection agent’ means any 
one of the substances specified in this subsection 
when introduced into a plastic explosive or formu-
lated in such explosive as a part of the manufac-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00425
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
426 
turing process in such a manner as to achieve homo-
geneous distribution in the finished explosive, includ-
ing— 
‘‘(A) Ethylene glycol dinitrate (EGDN), 
C2H4(NO3)2, molecular weight 152, when the 
minimum concentration in the finished explosive 
is 0.2 percent by mass; 
‘‘(B) 
2,3–Dimethyl-2,3-dinitrobutane 
(DMNB); 
‘‘(C) 
Para-Mononitrotoluene 
(p-MNT), 
C7H7NO2, molecular weight 137, when the min-
imum concentration in the finished explosive is 
0.5 percent by mass; 
‘‘(D) Ortho-Mononitrotoluene (o-MNT), 
C7H7NO2, molecular weight 137, when the minimum 
concentration in the finished explosive is 0.5 percent 
by mass; and 
‘‘(E) any other substance in the concentra-
tion 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 Ex-
plosives. 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00426
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
427 
‘‘(15) The term ‘plastic explosive’ means an ex-
plosive material in flexible or elastic sheet form for-
mulated 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°C, is formulated with a 
binder material, and is as a mixture malleable or 
flexible at normal room temperature. 
‘‘(16) The term ‘alien’ means any person who 
is not a citizen or national of the United States. 
‘‘(17) The term ‘responsible person’ means an 
individual who has the power to direct the manage-
ment and policies of the applicant pertaining to ex-
plosive materials. 
‘‘(18) The term ‘Indian tribe’ has the meaning 
given the term in section 102 of the Federally Rec-
ognized Indian Tribe List Act of 1994. 
‘‘§ 612. Unlawful Acts 
‘‘(a) REGULATORY REQUIREMENTS.—It shall be un-
lawful 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 mis-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00427
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
428 
represented identification, intended or likely to de-
ceive for the purpose of obtaining explosive mate-
rials, or a license, permit, exemption, or relief from 
disability under this chapter; 
‘‘(3) other than a licensee or permittee know-
ingly— 
‘‘(A) to transport, ship, cause to be trans-
ported, 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 trans-
ported, or receive in interstate or foreign com-
merce any explosive materials; or 
‘‘(B) to receive explosive materials from a 
licensee or permittee, whose premises are lo-
cated outside the State of residence of the lim-
ited permit holder, or on more than 6 separate 
occasions, during the period of the permit, to 
receive explosive materials from 1 or more li-
censees or permittees whose premises are lo-
cated within the State of residence of the lim-
ited permit holder. 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00428
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
429 
‘‘(b) DISTRIBUTION TO UNREGULATED PERSONS.— 
It shall be unlawful for any licensee or permittee to know-
ingly 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 resi-
dent of the State where distribution is made and in 
which the premises of the transferor are located. 
‘‘(c) DISTRIBUTION IN VIOLATION OF STATE RE-
QUIREMENTS.—It shall be unlawful for any licensee to dis-
tribute 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 mate-
rials into it or to receive explosive materials in it. 
‘‘(d) DISTRIBUTION
TO PROHIBITED CLASSES
OF 
PERSONS.—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; 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00429
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
430 
‘‘(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; 
‘‘(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, or is in asy-
lum status under section 208 of that Act, 
and— 
‘‘(i) is a foreign law enforcement offi-
cer of a friendly foreign government, as de-
termined by the Attorney General in con-
sultation with the Secretary of State, en-
tering the United States on official law en-
forcement business, and the shipping, 
transporting, possession, or receipt of ex-
plosive materials is in furtherance of this 
official law enforcement business; or 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00430
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
431 
‘‘(ii) is a person having the power to 
direct or cause the direction of the man-
agement and policies of a corporation, 
partnership, or association licensed pursu-
ant to section 613(a), and the shipping, 
transporting, possession, or receipt of ex-
plosive 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 At-
torney General in consultation with the Sec-
retary 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, posses-
sion, or receipt of explosive materials is in fur-
therance of the authorized military purpose; or 
‘‘(D) is lawfully present in the United 
States in cooperation with the Director of Cen-
tral Intelligence, and the shipment, transpor-
tation, receipt, or possession of the explosive 
materials is in furtherance of such cooperation; 
‘‘(8) has been discharged from the armed forces 
under dishonorable conditions; or 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00431
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS