246 
porting, 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 li-
censed pursuant to section 843(a), and the ship-
ping, transporting, possession, or receipt of explo-
sive materials is in furtherance of such power; 
(C) is a member of a North Atlantic Treaty Orga-
nization (NATO) or other friendly foreign military 
force, as determined by the Attorney General in con-
sultation 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 co-
operation with the Director of Central Intelligence, and 
the shipment, transportation, receipt, or possession of 
the explosive materials is in furtherance of such co-
operation; 
(8) has been discharged from the armed forces under 
dishonorable conditions; 
(9) having been a citizen of the United States, has re-
nounced the citizenship of that person. 
(e) It shall be unlawful for any licensee knowingly to dis-
tribute 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 will-
fully to manufacture, import, purchase, distribute, or receive 
explosive materials without making such records as the Attor-
ney General may by regulation require, including, but not lim-
ited to, a statement of intended use, the name, date, place of 
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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 in-
clude 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 busi-
ness entity in arranging the distribution. 
(g) It shall be unlawful for any licensee or permittee know-
ingly to make any false entry in any record which he is re-
quired to keep pursuant to this section or regulations promul-
gated under section 617. 
(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 explo-
sive materials were stolen. 
(i) It shall be unlawful for any person— 
(1) who is under indictment for, or who has been con-
victed 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 con-
trolled substance (as defined in section 102 of the Con-
trolled 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 
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248 
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 
Attorney General in consultation with the Secretary 
of State, entering the United States on official law 
enforcement business, and the shipping, trans-
porting, 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 li-
censed pursuant to section 843(a), and the ship-
ping, transporting, possession, or receipt of explo-
sive materials is in furtherance of such power; 
(C) is a member of a North Atlantic Treaty Orga-
nization (NATO) or other friendly foreign military 
force, as determined by the Attorney General in con-
sultation 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 co-
operation with the Director of Central Intelligence, and 
the shipment, transportation, receipt, or possession of 
the explosive materials is in furtherance of such co-
operation; 
(6) who has been discharged from the armed forces 
under dishonorable conditions; 
(7) who, having been a citizen of the United States, 
has renounced the citizenship of that person; 
(j) It shall be unlawful for any person to store any explo-
sive material in a manner not in conformity with regulations 
promulgated by the Attorney General. In promulgating such 
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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. 
(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 func-
tions (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, trans-
port, 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 
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(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 compo-
nent) 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 Explo-
sives, 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 pos-
sessed, the manufacturer or importer, any marks of identifica-
tion on such explosives, and such other information as the At-
torney General may prescribe by regulation. 
(p) DISTRIBUTION OF INFORMATION RELATING TO EXPLO-
SIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DE-
STRUCTION.— 
(1) DEFINITIONS.—In this subsection— 
(A) the term ‘‘destructive device’’ has the same 
meaning as in section 581; 
(B) the term ‘‘explosive’’ has the same meaning as 
in section 614; and 
(C) the term ‘‘weapon of mass destruction’’ has 
the same meaning as in section 271. 
(2) PROHIBITION.—It shall be unlawful for any per-
son— 
(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, 
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251 
demonstration, or information be used for, or in fur-
therance 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 explo-
sive, 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. 
§ 613. Licenses and user permits 
(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 At-
torney 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 chap-
ter 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 re-
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252 
spect to the applicant) is not a person described in section 
612(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 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 Attorney General determines appropriate, that the ap-
plicant 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 pre-
scribe; and 
(B) subparagraph (A) shall not apply to an applicant 
for the renewal of a limited permit if the Secretary 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 loca-
tion 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 612(i); and 
(7) in the case of a limited permit, the applicant has 
certified in writing that the applicant will not receive explo-
sive 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 appli-
cation within a period of 90 days for licenses and permits, be-
ginning on the date such application is received by the Attorney 
General. 
(d) The Attorney General may revoke any license or per-
mit issued under this section if in the opinion of the Attorney 
General the holder thereof has violated any provision of this 
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chapter or any rule or regulation prescribed by the Attorney 
General under this chapter, or has become ineligible to acquire 
explosive materials under section 612(d). The Attorney Gen-
eral’s action under this subsection may be reviewed only as pro-
vided in subsection (e)(2) of this section. 
(e)(1) Any person whose application is denied or whose li-
cense 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 li-
cense 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 ag-
grieved 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 written deci-
sion, 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, pur-
suant to sections 701 through 706 of title 5. 
(f) Licensees and holders of user permits shall make avail-
able 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 Gen-
eral 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 li-
censee or permittee, under the provisions of this chapter or reg-
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254 
ulations 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 po-
litical 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 subdivi-
sion thereof, who have purchased or received explosive mate-
rials, together with a description of such explosive materials. 
The Attorney General may inspect the places of storage for ex-
plosive 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 Attorney General 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 shall determine whether the re-
sponsible person or employee is one of the persons described in 
any paragraph of section 612(i). In making the determination, 
the Attorney General may take into account a letter or docu-
ment issued under paragraph (2). 
(2)(A) If the Attorney General determines that the respon-
sible person or the employee is not one of the persons described 
in any paragraph of section 612(i), the Attorney General shall 
notify the employer in writing or electronically of the deter-
mination and issue, to the responsible person or employee, a 
letter of clearance, which confirms the determination. 
(B) If the Attorney General determines that the respon-
sible person or employee is one of the persons described in any 
paragraph of section 612(i), the Attorney General shall notify 
the employer in writing or electronically of the determination 
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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 im-
porters and persons who manufacture or import explosive mate-
rials or ammonium nitrate shall, when required by letter issued 
by the Secretary, 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 deter-
mines is relevant to the identification of the explosive mate-
rials or to identification of the ammonium nitrate. 
(2) REIMBURSEMENT.—The Attorney General 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. 
§ 614. Penalties 
(a) Any person— 
(1) who violates any of subsections (a) through (i) or 
(l) through (o) of section 614 shall be imprisoned for not 
more than 10 years; and 
(2) violates subsection (p)(2) of section 612, shall be im-
prisoned not more than 20 years. 
(b) Any person who violates any other provision of section 
612 of this chapter shall be imprisoned not more than one year. 
(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 sub-
ject to seizure and forfeiture, and all provisions of the Internal 
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256 
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 forfeit-
ures under the provisions of this chapter. 
(2) Notwithstanding paragraph (1), in the case of the sei-
zure 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 regu-
lation 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 trans-
port 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; and if personal in-
jury 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; and if death results to any person, including 
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257 
any public safety officer performing duties as a direct or proxi-
mate 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, tele-
graph, 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. 
(f)(1) Whoever maliciously damages or destroys, or at-
tempts 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 in-
stitution or organization receiving Federal financial assistance, 
shall be imprisoned for not less than 5 years and not more than 
20 years. 
(2) Whoever engages in conduct prohibited by this sub-
section, 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 du-
ties, shall be imprisoned for not less than 7 years and not more 
than 40 years. 
(3) Whoever engages in conduct prohibited by this sub-
section, and as a result of such conduct directly or proximately 
causes the death of any person, including any public safety offi-
cer performing duties, shall be subject to the death penalty, or 
imprisoned for not less than 20 years or for life. 
(g)(1) Except as provided in paragraph (2), whoever pos-
sesses an explosive in an airport that is subject to the regu-
latory 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 
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258 
thereof, except with the written consent of the agency, depart-
ment, or other person responsible for the management of such 
building or airport, shall be imprisoned for not more than five 
years. 
(2) The provisions of this subsection shall not be applica-
ble to— 
(A) the possession of ammunition (as that term is de-
fined 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 ei-
ther 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 Administra-
tion 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 con-
victed 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. 
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259 
(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; and if personal in-
jury 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; 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 612(p)(2), the term ‘‘explo-
sive’’ 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 ingredi-
ents, in such proportions, quantities, or packing that ignition 
by fire, by friction, by concussion, by percussion, or by detona-
tion 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. 
(l) A person who steals any explosive material from a li-
censed importer, licensed manufacturer, or licensed dealer, or 
from any permittee shall be imprisoned not more than 10 
years. 
(l) A person who steals any explosive material from a li-
censed importer, licensed manufacturer, or licensed dealer, or 
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from any permittee shall be imprisoned not more than 10 
years. 
(m) A person who conspires to commit an offense under 
subsection (h) shall be imprisoned for any term of years not 
exceeding 20. 
(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 com-
mission of which was the object of the conspiracy. 
(o) Whoever knowingly transfers any explosive materials, 
knowing or having reasonable cause to believe that such explo-
sive materials will be used to commit a crime of violence (as 
defined in section 584(c)(3)) or drug trafficking crime (as de-
fined in section 584(c)(2)) shall be subject to the same pen-
alties as may be imposed under subsection (h) for a first con-
viction 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 Attorney 
General 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 imprisoned not more than 5 years. 
§ 615. Exceptions; relief from disabilities 
(a) Except in the case of subsection (l), (m), (n), or (o) 
of section 612 and subsections (d), (e), (f), (g), (h), and (i) of 
section 614 of this title, this chapter does not apply to— 
(1) any aspect of the transportation of explosive mate-
rials via railroad, water, highway, or air which are regu-
lated by the United States Department of Transportation 
and agencies thereof, and which pertain to safety; 
(2) the use of explosive materials in medicines and me-
dicinal agents in the forms prescribed by the official United 
States Pharmacopeia, or the National Formulary; 
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(3) the transportation, shipment, receipt, or importa-
tion of explosive materials for delivery to any agency of the 
United States or to any State or political subdivision there-
of; 
(4) small arms ammunition and components thereof; 
(5) commercially manufactured black powder in quan-
tities 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 de-
fined in section 581(a)(16) of title 18 of the United States 
Code, or in antique devices as exempted from the term ‘‘de-
structive device’’ in section 581(a)(4) of title 18 of the 
United States Code; and 
(6) the manufacture under the regulation of the mili-
tary 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 estab-
lishments owned by, or operated by or on behalf of, the 
United States. 
(b)(1) A person who is prohibited from shipping, trans-
porting, receiving, or possessing any explosive under section 
612(i) may apply to the Attorney General for relief from such 
prohibition. 
(2) The Attorney General may grant the relief requested 
under paragraph (1) if the Attorney General determines that 
the circumstances regarding the applicability of section 612(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 con-
trary to the public interest. 
(3) A licensee or permittee who applies for relief, under 
this subsection, from the disabilities incurred under this chap-
ter 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 
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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 in-
volving subsections (l) through (o) of section 612 if the pro-
ponent proves by a preponderance of the evidence that the plas-
tic explosive— 
(1) consisted of a small amount of plastic explosive in-
tended 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 re-
mains an integral part of such military device, or is in-
tended 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 mili-
tary 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, shells, bombs, projectiles, mines, missiles, 
rockets, shaped charges, grenades, perforators, and similar 
devices lawfully manufactured exclusively for military or 
police purposes. 
§ 616. Additional powers of the Attorney General 
(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 inci-
dent 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 
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explosive materials have been used, are suspected of having 
been used, or have been found in an otherwise unauthorized lo-
cation. 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 investiga-
tory 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 
614. 
(b) The Attorney General is authorized to establish a na-
tional repository of information on incidents involving arson 
and the suspected criminal misuse of explosives. All Federal 
agencies having information concerning such incidents shall re-
port 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. 
§ 617. Rules and regulations 
The administration of this subchapter 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 par-
ties opportunity for hearing, prior to prescribing such rules and 
regulations. 
§ 618. Effect on State law 
No provision of this subchapter shall be construed as indi-
cating 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. 
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264 
SUBCHAPTER E—BIOLOGICAL WEAPONS 
Sec. 
621.
Prohibitions with respect to biological weapons. 
622.
Requests for military assistance to enforce prohibition in certain 
emergencies. 
623.
Possession by restricted persons. 
624.
Variola virus. 
625.
Seizure, forfeiture, and destruction. 
626.
Injunctions. 
627.
Definitions. 
§ 621. Prohibitions 
with 
respect 
to 
biological 
weapons 
(a) IN GENERAL.—Whoever knowingly develops, produces, 
stockpiles, transfers, acquires, retains, or possesses any biologi-
cal agent, toxin, or delivery system for use as a weapon, or 
knowingly assists a foreign state or any organization to do so, 
or attempts, threatens, or conspires to do the same, shall be 
imprisoned for life or any term of years. There is 
extraterritorial Federal jurisdiction over an offense under this 
section committed by or against a national of the United 
States. 
(b) ADDITIONAL OFFENSE.—Whoever knowingly possesses 
any biological agent, toxin, or delivery system of a type or in 
a quantity that, under the circumstances, is not reasonably jus-
tified by a prophylactic, protective, bona fide research, or other 
peaceful purpose, shall be imprisoned not more than 10 years. 
In this subsection, the terms ‘‘biological agent’’ and ‘‘toxin’’ do 
not encompass any biological agent or toxin that is in its natu-
rally occurring environment, if the biological agent or toxin has 
not been cultivated, collected, or otherwise extracted from its 
natural source. 
(c) DEFINITION.—For purposes of this section, the term 
‘‘for use as a weapon’’ includes the development, production, 
transfer, acquisition, retention, or possession of any biological 
agent, toxin, or delivery system for other than prophylactic, 
protective, bona fide research, or other peaceful purposes. 
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265 
§ 622. Requests for military assistance to enforce 
prohibition in certain emergencies 
The Attorney General may request the Secretary of De-
fense to provide assistance under section 382 of title 10 in sup-
port of Department of Justice activities relating to the enforce-
ment of section 621 in an emergency situation involving a bio-
logical weapon of mass destruction. The authority to make such 
a request may be exercised by another official of the Depart-
ment of Justice in accordance with section 382(f)(2) of title 10. 
§ 623. Possession by restricted persons 
(a)(1) No restricted person shall ship or transport in or 
affecting interstate or foreign commerce, or possess in or af-
fecting interstate or foreign commerce, any biological agent or 
toxin, or receive any biological agent or toxin that has been 
shipped or transported in interstate or foreign commerce, if the 
biological agent or toxin is listed as a select agent in Appendix 
A of part 72 of title 42, Code of Federal Regulations, pursuant 
to section 351A of the Public Health Service Act, and is not 
exempted under subsection (h) of section 72.6, or Appendix A 
of part 72, of title 42, Code of Federal Regulations. 
(2) Whoever knowingly violates this section shall be im-
prisoned not more than 10 years, but the prohibition contained 
in this section shall not apply with respect to any duly author-
ized United States governmental activity. 
(b) TRANSFER TO UNREGISTERED PERSON.— 
(1) SELECT
AGENTS.—Whoever transfers a select 
agent to a person who the transferor knows or has reason-
able cause to believe is not registered as required by regula-
tions under subsection (b) or (c) of section 351A of the 
Public Health Service Act shall be imprisoned for not more 
than 5 years. 
(2) CERTAIN OTHER BIOLOGICAL AGENTS AND TOX-
INS.—Whoever transfers a biological agent or toxin listed 
pursuant to section 212(a)(1) of the Agricultural Bioter-
rorism Protection Act of 2002 to a person who the trans-
feror knows or has reasonable cause to believe is not reg-
istered as required by regulations under subsection (b) or 
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(c) of section 212 of such Act shall be imprisoned for not 
more than 5 years. 
(c) UNREGISTERED FOR POSSESSION.— 
(1) SELECT AGENTS.—Whoever knowingly possesses a 
biological agent or toxin where such agent or toxin is a se-
lect agent for which such person has not obtained a reg-
istration required by regulations under section 351A(c) of 
the Public Health Service Act shall be or imprisoned for 
not more than 5 years. 
(2) CERTAIN OTHER BIOLOGICAL AGENTS AND TOX-
INS.—Whoever knowingly possesses a biological agent or 
toxin where such agent or toxin is a biological agent or 
toxin listed pursuant to section 212(a)(1) of the Agricul-
tural Bioterrorism Protection Act of 2002 for which such 
person has not obtained a registration required by regula-
tions under section 212(c) of such Act shall be imprisoned 
for not more than 5 years. 
(d) In this section: 
(1) The term ‘‘select agent’’ means a biological agent 
or toxin to which subsection (a) applies. Such term (includ-
ing for purposes of subsection (a)) does not include any 
such biological agent or toxin that is in its naturally-occur-
ring environment, if the biological agent or toxin has not 
been cultivated, collected, or otherwise extracted from its 
natural source. 
(2) The term ‘‘restricted person’’ means an individual 
who— 
(A) is under indictment for a crime punishable by 
imprisonment for a term exceeding 1 year; 
(B) has been convicted in any court of a crime 
punishable by imprisonment for a term exceeding 1 
year; 
(C) is a fugitive from justice; 
(D) is an unlawful user of any controlled sub-
stance (as defined in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)); 
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(E) is an alien illegally or unlawfully in the United 
States; 
(F) has been adjudicated as a mental defective or 
has been committed to any mental institution; 
(G)(i) is an alien (other than an alien lawfully ad-
mitted for permanent residence) who is a national of a 
country as to which the Secretary of State, pursuant 
to section 6(j) of the Export Administration Act of 
1979 (50 U.S.C. App. 2405(j)), section 620A of chap-
ter 1 of part M of the Foreign Assistance Act of 1961 
(22 U.S.C. 2371), or section 40(d) of chapter 3 of the 
Arms Export Control Act (22 U.S.C. 2780(d)), has 
made a determination (that remains in effect) that 
such country has repeatedly provided support for acts 
of international terrorism, or (ii) acts for or on behalf 
of, or operates subject to the direction or control of, a 
government or official of a country described in this 
subparagraph; 
(H) has been discharged from the Armed Services 
of the United States under dishonorable conditions; or 
(I) is a member of, acts for or on behalf of, or op-
erates subject to the direction or control of, a terrorist 
organization as defined in section 212(a)(3)(B)(vi) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)(B)(vi)). 
(3) The term ‘‘alien’’ has the same meaning as in sec-
tion 101(a)(3) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(3)). 
(4) The term ‘‘lawfully admitted for permanent resi-
dence’’ has the same meaning as in section 101(a)(20) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(20)). 
§ 624. Variola virus 
(a) UNLAWFUL CONDUCT.— 
(1) IN GENERAL.—Except as provided in paragraph 
(2), it shall be unlawful for any person to knowingly 
produce, engineer, synthesize, acquire, transfer directly or 
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indirectly, receive, possess, import, export, or use, or pos-
sess and threaten to use, variola virus. 
(2) EXCEPTION.—This subsection does not apply to 
conduct by, or under the authority of, the Secretary of 
Health and Human Services. 
(b) JURISDICTION.—Conduct prohibited by subsection (a) 
is within the jurisdiction of the United States if— 
(1) the offense occurs in or affects interstate or for-
eign commerce; 
(2) the offense occurs outside of the United States and 
is committed by a national of the United States; 
(3) the offense is committed against a national of the 
United States while the national is outside the United 
States; 
(4) the offense is committed against any property that 
is owned, leased, or used by the United States or by any 
department or agency of the United States, whether the 
property is within or outside the United States; or 
(5) an offender aids or abets any person over whom 
jurisdiction exists under this subsection in committing an 
offense under this section or conspires with any person over 
whom jurisdiction exists under this subsection to commit 
an offense under this section. 
(c) CRIMINAL PENALTIES.— 
(1) IN GENERAL.—Any person who violates, or at-
tempts or conspires to violate, subsection (a) shall be sen-
tenced to a term of imprisonment not less than 25 years 
or to imprisonment for life. 
(2) OTHER CIRCUMSTANCES.—Any person who, in the 
course of a violation of subsection (a), uses, attempts or 
conspires to use, or possesses and threatens to use, any 
item or items described in subsection (a), shall be impris-
oned for not less than 30 years or imprisoned for life. 
(3) SPECIAL CIRCUMSTANCES.—If the death of an-
other results from a person’s violation of subsection (a), the 
person shall be punished by imprisonment for life. 
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(d) DEFINITION.—As used in this section, the term 
‘‘variola virus’’ means a virus that can cause human smallpox 
or any derivative of the variola major virus that contains more 
than 85 percent of the gene sequence of the variola major virus 
or the variola minor virus. 
§ 625. Seizure, forfeiture, and destruction 
(a) IN GENERAL.—(1) Except as provided in paragraph 
(2), the Attorney General may request the issuance, in the 
same manner as provided for a search warrant, of a warrant 
authorizing the seizure of any biological agent, toxin, or deliv-
ery system that— 
(A) pertains to conduct prohibited under section 621; 
or 
(B) is of a type or in a quantity that under the cir-
cumstances has no apparent justification for prophylactic, 
protective, or other peaceful purposes. 
(2) In exigent circumstances, seizure and destruction of 
any biological agent, toxin, or delivery system described in sub-
paragraphs (A) and (B) of paragraph (1) may be made upon 
probable cause without the necessity for a warrant. 
(b) PROCEDURE.—Property seized pursuant to subsection 
(a) shall be forfeited to the United States after notice to poten-
tial claimants and an opportunity for a hearing. At such hear-
ing, the Government shall bear the burden of persuasion by a 
preponderance of the evidence. Except as inconsistent herewith, 
the same procedures and provisions of law relating to a for-
feiture under the customs laws shall extend to a seizure or for-
feiture under this section. The Attorney General may provide 
for the destruction or other appropriate disposition of any bio-
logical agent, toxin, or delivery system seized and forfeited pur-
suant to this section. 
(c) AFFIRMATIVE DEFENSE.—It is an affirmative defense 
against a forfeiture under subsection (a)(1)(B) of this section 
that— 
(1) such biological agent, toxin, or delivery system is 
for a prophylactic, protective, or other peaceful purpose; 
and 
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(2) such biological agent, toxin, or delivery system, is 
of a type and quantity reasonable for that purpose. 
§ 626. Injunctions 
(a) IN GENERAL.—The United States may obtain in a civil 
action an injunction against— 
(1) the conduct prohibited under section 621 of this 
title; 
(2) the preparation, solicitation, attempt, threat, or 
conspiracy to engage in conduct prohibited under section 
621; or 
(3) the development, production, stockpiling, transfer-
ring, acquisition, retention, or possession, or the attempted 
development, production, stockpiling, transferring, acquisi-
tion, retention, or possession of any biological agent, toxin, 
or delivery system of a type or in a quantity that under the 
circumstances has no apparent justification for prophy-
lactic, protective, or other peaceful purposes. 
(b) AFFIRMATIVE DEFENSE.—It is an affirmative defense 
against an injunction under subsection (a)(3) of this section 
that— 
(1) the conduct sought to be enjoined is for a prophy-
lactic, protective, or other peaceful purpose; and 
(2) such biological agent, toxin, or delivery system is 
of a type and quantity reasonable for that purpose. 
§ 627. Definitions 
As used in this chapter— 
(1) the term ‘‘biological agent’’ means any microorga-
nism (including bacteria, viruses, fungi, rickettsiae or pro-
tozoa), or infectious substance, or any naturally occurring, 
bioengineered or synthesized component of any such micro-
organism or infectious substance, capable of causing— 
(A) death, disease, or other biological malfunction 
in a human, an animal, a plant, or another living orga-
nism; 
(B) deterioration of food, water, equipment, sup-
plies, or material of any kind; or 
(C) deleterious alteration of the environment; 
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271 
(2) the term ‘‘toxin’’ means the toxic material or prod-
uct of plants, animals, microorganisms (including bacteria, 
viruses, fungi, rickettsiae or protozoa), or infectious sub-
stances, or a recombinant or synthesized molecule, what-
ever their origin and method of production, and includes— 
(A) any poisonous substance or biological product 
that may be engineered as a result of biotechnology 
produced by a living organism; or 
(B) any poisonous isomer or biological product, 
homolog, or derivative of such a substance; 
(3) the term ‘‘delivery system’’ means— 
(A) any apparatus, equipment, device, or means of 
delivery specifically designed to deliver or disseminate 
a biological agent, toxin, or vector; or 
(B) any vector; 
(4) the term ‘‘vector’’ means a living organism, or 
molecule, including a recombinant or synthesized molecule, 
capable of carrying a biological agent or toxin to a host; 
and 
SUBCHAPTER F—CHEMICAL WEAPONS 
Sec. 
631.
Prohibited activities. 
632.
Penalties. 
633.
Individual self-defense devices. 
634.
Injunctions. 
635.
Requests for military assistance to enforce prohibition in certain 
emergencies. 
636.
Definitions. 
§ 631. Prohibited activities 
(a) UNLAWFUL CONDUCT.—Except as provided in sub-
section (b), it shall be unlawful for any person knowingly— 
(1) to develop, produce, otherwise acquire, transfer di-
rectly or indirectly, receive, stockpile, retain, own, possess, 
or use, or threaten to use, any chemical weapon; or 
(2) to assist or induce, in any way, any person to vio-
late paragraph (1), or to attempt or conspire to violate 
paragraph (1). 
(b) EXEMPTED AGENCIES AND PERSONS.— 
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(1) IN GENERAL.—Subsection (a) does not apply to 
the retention, ownership, possession, transfer, or receipt of 
a chemical weapon by a department, agency, or other entity 
of the United States, or by a person described in paragraph 
(2), pending destruction of the weapon. 
(2) EXEMPTED
PERSONS.—A person referred to in 
paragraph (1) is— 
(A) any person, including a member of the Armed 
Forces of the United States, who is authorized by law 
or by an appropriate officer of the United States to re-
tain, own, possess, transfer, or receive the chemical 
weapon; or 
(B) in an emergency situation, any otherwise non-
culpable person if the person is attempting to destroy 
or seize the weapon. 
(c) JURISDICTION.—Conduct prohibited by subsection (a) 
is within the jurisdiction of the United States if the prohibited 
conduct— 
(1) takes place in the United States; 
(2) takes place outside of the United States and is 
committed by a national of the United States; 
(3) is committed against a national of the United 
States while the national is outside the United States; or 
(4) is committed against any property that is owned, 
leased, or used by the United States or by any department 
or agency of the United States, whether the property is 
within or outside the United States. 
§ 632. Penalties 
(a) CRIMINAL PENALTIES.— 
(1) IN GENERAL.—Any person who violates section 
631 of this title shall be imprisoned for any term of years. 
(2) DEATH PENALTY.—Any person who violates sec-
tion 631 of this title and by whose action the death of an-
other person is the result shall be punished by death or im-
prisoned for life. 
(b) CIVIL PENALTIES.— 
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(1) IN GENERAL.—The Attorney General may bring a 
civil action in the appropriate United States district court 
against any person who violates section 631 of this title 
and, upon proof of such violation by a preponderance of the 
evidence, such person shall be subject to pay a civil penalty 
in an amount not to exceed $100,000 for each such viola-
tion. 
(2) RELATION TO OTHER PROCEEDINGS.—The imposi-
tion of a civil penalty under this subsection does not pre-
clude any other criminal or civil statutory, common law, or 
administrative remedy, which is available by law to the 
United States or any other person. 
(c) REIMBURSEMENT OF COSTS.—The court shall order 
any person convicted of an offense under subsection (a) to re-
imburse the United States for any expenses incurred by the 
United States incident to the seizure, storage, handling, trans-
portation, and destruction or other disposition of any property 
that was seized in connection with an investigation of the com-
mission of the offense by that person. A person ordered to re-
imburse the United States for expenses under this subsection 
shall be jointly and severally liable for such expenses with each 
other person, if any, who is ordered under this subsection to 
reimburse the United States for the same expenses. 
§ 633. Individual self-defense devices 
This subchapter does not prohibit any individual self-de-
fense device, including one using a pepper spray or chemical 
mace. 
§ 634. Injunctions 
The United States may obtain in a civil action an injunc-
tion against— 
(1) the conduct prohibited under section 631 or 674; 
or 
(2) the preparation or solicitation to engage in conduct 
prohibited under section 631 or 675. 
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§ 635. Requests for military assistance to enforce 
prohibition in certain emergencies 
The Attorney General may request the Secretary of De-
fense to provide assistance under section 382 of title 10 in sup-
port of Department of Justice activities relating to the enforce-
ment of section 631 in an emergency situation involving a 
chemical weapon. The authority to make such a request may 
be exercised by another official of the Department of Justice 
in accordance with section 382(f)(2) of title 10. 
§ 636. Definitions 
In this chapter the following apply: 
(1) CHEMICAL WEAPON.—The term ‘‘chemical weap-
on’’ means the following, together or separately: 
(A) A toxic chemical and its precursors, except 
where intended for a purpose not prohibited under this 
chapter as long as the type and quantity is consistent 
with such a purpose. 
(B) A munition or device, specifically designed to 
cause death or other harm through toxic properties of 
those toxic chemicals specified in subparagraph (A), 
which would be released as a result of the employment 
of such munition or device. 
(C) Any equipment specifically designed for use di-
rectly in connection with the employment of munitions 
or devices specified in subparagraph (B). 
(2) CHEMICAL
WEAPONS
CONVENTION; 
CONVEN-
TION.—The terms ‘‘Chemical Weapons Convention’’ and 
‘‘Convention’’ mean the Convention on the Prohibition of 
the Development, Production, Stockpiling and Use of 
Chemical Weapons and on Their Destruction, opened for 
signature on January 13, 1993. 
(3) KEY COMPONENT OF A BINARY OR MULTICOMPO-
NENT CHEMICAL SYSTEM.—The term ‘‘key component of a 
binary or multicomponent chemical system’’ means the pre-
cursor which plays the most important role in determining 
the toxic properties of the final product and reacts rapidly 
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with other chemicals in the binary or multicomponent sys-
tem. 
(4) PRECURSOR.— 
(A) IN GENERAL.—The term ‘‘precursor’’ means 
any chemical reactant which takes part at any stage in 
the production by whatever method of a toxic chemical. 
The term includes any key component of a binary or 
multicomponent chemical system. 
(B) LIST
OF
PRECURSORS.—Precursors which 
have been identified for the application of verification 
measures under Article VI of the Convention are listed 
in schedules contained in the Annex on Chemicals of 
the Chemical Weapons Convention. 
(5) PURPOSES NOT PROHIBITED BY THIS CHAPTER.— 
The term ‘‘purposes not prohibited by this chapter’’ means 
the following: 
(A) PEACEFUL PURPOSES.—Any peaceful purpose 
related to an industrial, agricultural, research, medical, 
or pharmaceutical activity or other activity. 
(B) PROTECTIVE
PURPOSES.—Any purpose di-
rectly related to protection against toxic chemicals and 
to protection against chemical weapons. 
(C) UNRELATED MILITARY PURPOSES.—Any mili-
tary purpose of the United States that is not connected 
with the use of a chemical weapon or that is not de-
pendent on the use of the toxic or poisonous properties 
of the chemical weapon to cause death or other harm. 
(D) LAW ENFORCEMENT PURPOSES.—Any law en-
forcement purpose, including any domestic riot control 
purpose and including imposition of capital punish-
ment. 
(6) TOXIC CHEMICAL.— 
(A) IN
GENERAL.—The term ‘‘toxic chemical’’ 
means any chemical which through its chemical action 
on life processes can cause death, temporary incapaci-
tation or permanent harm to humans or animals. The 
term includes all such chemicals, regardless of their ori-
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gin or of their method of production, and regardless of 
whether they are produced in facilities, in munitions or 
elsewhere. 
(B) LIST OF TOXIC CHEMICALS.—Toxic chemicals 
which have been identified for the application of 
verification measures under Article VI of the Conven-
tion are listed in schedules contained in the Annex on 
Chemicals of the Chemical Weapons Convention. 
CHAPTER 23—THEFT AND RELATED CRIMES 
Subchapter 
Sec. 
A. Embezzlement and theft .....................................................
641 
B. Stolen property ......................................................................
671 
C. Counterfeiting and forgery ...............................................
691 
SUBCHAPTER A—EMBEZZLEMENT AND THEFT 
Sec. 
641.
Public money, property or records. 
642.
Accounting generally for public money. 
643.
Officer or employee of United States converting property of an-
other. 
644.
Theft, embezzlement, or misapplication by bank officer or em-
ployee. 
645.
Lending, credit and insurance institutions. 
646.
Property mortgaged or pledged to farm credit agencies. 
647.
Interstate or foreign shipments by carrier; State prosecutions. 
649.
Carrier’s funds derived from commerce; State prosecutions. 
650.
Within special maritime and territorial jurisdiction. 
651.
Receiving stolen property within special maritime and territorial 
jurisdiction. 
652.
Theft or embezzlement from employee benefit plan. 
653.
Theft or embezzlement from employment and training funds; im-
proper inducement; obstruction of investigations. 
654.
Theft or bribery concerning programs receiving Federal funds. 
655.
Theft of major artwork. 
656.
Theft or embezzlement in connection with health care. 
657.
Embezzlement of labor organization assets. 
§ 641. Public money, property or records 
(a) OFFENSE.—Whoever— 
(1) embezzles, steals, purloins, or knowingly converts 
to his use or the use of another, or without authority, sells, 
conveys or disposes of any record, voucher, money, or thing 
of value of the United States or of any department or agen-
cy thereof, or any property made or being made under con-
tract for the United States or any department or agency 
thereof; or 
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(2) receives, conceals, or retains the same with intent 
to convert it to his use or gain, knowing it to have been 
embezzled, stolen, purloined or converted; 
shall be imprisoned not more than ten years; but if the value 
of such property in the aggregate, combining amounts from all 
the counts for which the defendant is convicted in a single case, 
does not exceed the sum of $1,000, he shall be imprisoned not 
more than one year. 
(b) DEFINITION.—As used in this section the term 
‘‘value’’ means face, par, or market value, or cost price, either 
wholesale or retail, whichever is greater. 
§ 642. Accounting generally for public money 
Whoever, being an officer, employee or agent of the United 
States or of any department or agency thereof, having received 
public money which he is not authorized to retain as salary, 
pay, or emolument, fails to render his accounts for the same 
as provided by law is guilty of embezzlement, and shall be or 
imprisoned not more than ten years; but if the amount embez-
zled does not exceed $1,000, he shall be imprisoned not more 
than one year. 
§ 643. Officer or employee of United States con-
verting property of another 
Whoever, being an officer or employee of the United 
States or of any department or agency thereof, embezzles or 
wrongfully converts to his own use the money or property of 
another which comes into his possession or under his control 
in the execution of such office or employment, or under color 
or claim of authority as such officer or employee, shall be im-
prisoned not more than ten years; but if the sum embezzled is 
$1,000 or less, he shall be imprisoned not more than one year. 
§ 644. Theft, embezzlement, or misapplication by 
bank officer or employee 
(a) OFFENSE.—Whoever, being an officer, director, agent 
or employee of, or connected in any capacity with any Federal 
Reserve bank, member bank, depository institution holding 
company, national bank, insured bank, branch or agency of a 
foreign bank, or organization operating under section 25 or 
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section 25(a) of the Federal Reserve Act, or a receiver of a na-
tional bank, insured bank, branch, agency, or organization or 
any agent or employee of the receiver, or a Federal Reserve 
Agent, or an agent or employee of a Federal Reserve Agent or 
of the Board of Governors of the Federal Reserve System, em-
bezzles, abstracts, purloins or knowingly misapplies any of the 
moneys, funds or credits of such bank, branch, agency, or orga-
nization or holding company or any moneys, funds, assets or 
securities intrusted to the custody or care of such bank, 
branch, agency, or organization, or holding company or to the 
custody or care of any such agent, officer, director, employee 
or receiver, shall be imprisoned not more than 30 years; but 
if the amount embezzled, abstracted, purloined or misapplied 
does not exceed $1,000, he shall be imprisoned not more than 
one year. 
(b) DEFINITIONS.—As used in this section— 
(1) the term ‘‘member bank’’ means any national 
bank, state bank, or bank and trust company which has be-
come a member of one of the Federal Reserve banks; 
(2) the term ‘‘insured bank’’ means any bank, banking 
association, trust company, savings bank, or other banking 
institution, the deposits of which are insured by the Fed-
eral Deposit Insurance Corporation; 
(3) the term ‘‘branch or agency of a foreign bank’’ 
means a branch or agency described in section 20(9) of this 
title; and 
(4) the term ‘‘depository institution holding company’’ 
has the meaning given such term in section 3 of the Fed-
eral Deposit Insurance Act. 
§ 645. Lending, credit and insurance institutions 
Whoever, being an officer, agent or employee of or con-
nected in any capacity with the Federal Deposit Insurance Cor-
poration, National Credit Union Administration, Office of 
Thrift Supervision, the Resolution Trust Corporation, any Fed-
eral home loan bank, the Federal Housing Finance Board, 
Farm Credit Administration, Department of Housing and 
Urban Development, Federal Crop Insurance Corporation, the 
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Secretary of Agriculture acting through the Farmers Home Ad-
ministration or successor agency, the Rural Development Ad-
ministration or successor agency, or the Farm Credit System 
Insurance Corporation, a Farm Credit Bank, a bank for co-
operatives or any lending, mortgage, insurance, credit or sav-
ings and loan corporation or association authorized or acting 
under the laws of the United States or any institution, other 
than an insured bank (as defined in section 656), the accounts 
of which are insured by the Federal Deposit Insurance Cor-
poration, or by the National Credit Union Administration 
Board or any small business investment company, or any com-
munity development financial institution receiving financial as-
sistance under the Riegle Community Development and Regu-
latory Improvement Act of 1994, and whoever, being a receiver 
of any such institution, or agent or employee of the receiver, 
embezzles, abstracts, purloins or knowingly misapplies any 
moneys, funds, credits, securities or other things of value be-
longing to such institution, or pledged or otherwise intrusted to 
its care, shall be imprisoned not more than 30 years; but if the 
amount or value embezzled, abstracted, purloined or misapplied 
does not exceed $1,000, he shall be imprisoned not more than 
one year. 
§ 646. Property mortgaged or pledged to farm 
credit agencies 
Whoever, with intent to defraud, knowingly conceals, re-
moves, disposes of, or converts to his own use or to that of an-
other, any property mortgaged or pledged to, or held by, the 
Farm Credit Administration, any Federal intermediate credit 
bank, or the Federal Crop Insurance Corporation, the Sec-
retary of Agriculture acting through the Farmers Home Ad-
ministration or successor agency, the Rural Development Ad-
ministration or successor agency, any regional agricultural 
credit corporation, or any bank for cooperatives, shall be im-
prisoned not more than five years; but if the value of such 
property does not exceed $1,000, he shall be imprisoned not 
more than one year. 
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§ 647. Interstate or foreign shipments by carrier; 
State prosecutions 
(a) OFFENSE.—Whoever— 
(1) embezzles, steals, or unlawfully takes, carries 
away, or conceals, or by fraud or deception obtains from 
any pipeline system, railroad car, wagon, motortruck, or 
other vehicle, or from any tank or storage facility, station, 
station house, platform or depot or from any steamboat, 
vessel, or wharf, or from any aircraft, air terminal, airport, 
aircraft terminal or air navigation facility with intent to 
convert to his own use any goods or chattels moving as or 
which are a part of or which constitute an interstate or for-
eign shipment of freight, express, or other property; 
(2) buys or receives or has in his possession any such 
goods or chattels, knowing the same to have been embez-
zled or stolen; 
(3) embezzles, steals, or unlawfully takes, carries 
away, or by fraud or deception obtains with intent to con-
vert to his own use any baggage which shall have come into 
the possession of any common carrier for transportation in 
interstate or foreign commerce or breaks into, steals, takes, 
carries away, or conceals any of the contents of such bag-
gage, or buys, receives, or has in his possession any such 
baggage or any article therefrom of whatever nature, know-
ing the same to have been embezzled or stolen; or 
(4) embezzles, steals, or unlawfully takes by any 
fraudulent device, scheme, or game, from any railroad car, 
bus, vehicle, steamboat, vessel, or aircraft operated by any 
common carrier moving in interstate or foreign commerce 
or from any passenger thereon any money, baggage, goods, 
or chattels, or whoever buys, receives, or has in his posses-
sion any such money, baggage, goods, or chattels, knowing 
the same to have been embezzled or stolen; 
shall be imprisoned not more than ten years, but if the amount 
or value of such money, baggage, goods or chattels does not ex-
ceed $1,000, shall be imprisoned not more than one year. 
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(b) BAR TO PROSECUTION.—A judgment of conviction or 
acquittal on the merits under the laws of any State shall be 
a bar to any prosecution under this section for the same act 
or acts. Nothing contained in this section shall be construed as 
indicating an intent on the part of Congress to occupy the field 
in which provisions of this section operate to the exclusion of 
State laws on the same subject matter, nor shall any provision 
of this section be construed as invalidating any provision of 
State law unless such provision is inconsistent with any of the 
purposes of this section or any provision thereof. 
§ 649. Carrier’s funds derived from commerce; 
State prosecutions 
(a) OFFENSE.—Whoever, being a president, director, offi-
cer, or manager of any firm, association, or corporation en-
gaged in commerce as a common carrier, or whoever, being an 
employee of such common carrier riding in or upon any rail-
road car, motortruck, steamboat, vessel, aircraft or other vehi-
cle of such carrier moving in interstate commerce, embezzles, 
steals, abstracts, or knowingly misapplies, or knowingly permits 
to be misapplied, any of the moneys, funds, credits, securities, 
property, or assets of such firm, association, or corporation 
arising or accruing from, or used in, such commerce, in whole 
or in part, or knowingly converts the same to his own use or 
to the use of another, shall be imprisoned not more than ten 
years. 
(b) VENUE.—The offense shall be deemed to have been 
committed not only in the district where the violation first oc-
curred but also in any district in which the defendant may have 
taken or had possession of such moneys, funds, credits, securi-
ties, property or assets. 
(c) BAR TO PROSECUTION.—A judgment of conviction or 
acquittal on the merits under the laws of any State shall be 
a bar to any prosecution hereunder for the same act or acts. 
§ 650. Within special maritime and territorial ju-
risdiction 
Whoever, within the special maritime and territorial juris-
diction of the United States, takes and carries away, with in-
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tent to steal or purloin, any personal property of another shall, 
if the property taken is of a value exceeding $1,000, or is taken 
from the person of another, be imprisoned not more than five 
years, and in all other cases, imprisoned not more than one 
year. 
§ 651. Receiving stolen property within special 
maritime and territorial jurisdiction 
Whoever, within the special maritime and territorial juris-
diction of the United States, buys, receives, or conceals any 
money, goods, bank notes, or other thing which may be the 
subject of larceny, which has been feloniously taken, stolen, or 
embezzled, from any other person, knowing the same to have 
been so taken, stolen, or embezzled, shall be imprisoned not 
more than three years, but if the amount or value of thing so 
taken, stolen or embezzled does not exceed $1,000, the offender 
shall be imprisoned not more than one year. 
§ 652. Theft or embezzlement from employee ben-
efit plan 
(a) OFFENSE.—Whoever embezzles, steals, or unlawfully 
and knowingly abstracts or converts any property of any em-
ployee welfare benefit plan or employee pension benefit plan, or 
of any fund connected therewith, shall be imprisoned not more 
than five years. 
(b) DEFINITION.—As used in this section, the term ‘‘any 
employee welfare benefit plan or employee pension benefit 
plan’’ means any employee benefit plan subject to any provision 
of title I of the Employee Retirement Income Security Act of 
1974. 
§ 653. Theft or embezzlement from employment 
and training funds; improper inducement; 
obstruction of investigations 
(a) THEFT OR EMBEZZLEMENT FROM EMPLOYMENT AND 
TRAINING FUNDS.—Whoever, being an officer, director, agent, 
or employee of, or connected in any capacity with any agency 
or organization receiving financial assistance or any funds 
under the Job Training Partnership Act or title I of the Work-
force Investment Act of 1998 knowingly enrolls an ineligible 
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participant, embezzles, knowingly misapplies, steals, or obtains 
by fraud any property that is the subject of a financial assist-
ance agreement or contract pursuant to such Act shall be im-
prisoned for not more than 2 years, but if the amount so em-
bezzled, misapplied, stolen, or obtained by fraud does not ex-
ceed $1,000, the offender shall be imprisoned not more than 
1 year. 
(b) IMPROPER INDUCEMENT.—Whoever, by threat or pro-
curing dismissal of any person from employment or of refusal 
to employ or refusal to renew a contract of employment in con-
nection with a financial assistance agreement or contract under 
the Job Training Partnership Act or title I of the Workforce 
Investment Act of 1998 induces any person to give up any 
money or thing of any value to any person (including such or-
ganization or agency receiving funds) shall be imprisoned not 
more than 1 year. 
§ 654. Theft or bribery concerning programs re-
ceiving Federal funds 
(a) OFFENSE.—Whoever, as made applicable by subsection 
(b)— 
(1) being an agent of an organization, or of a State, 
local, or Indian tribal government, or any agency thereof— 
(A) embezzles, steals, obtains by fraud, or other-
wise without authority knowingly converts or inten-
tionally misapplies, property that— 
(i) is valued at $5,000 or more, and 
(ii) is owned by, or is under the care, custody, 
or control of such organization, government, or 
agency; or 
(B) corruptly solicits or demands for the benefit of 
any person, or accepts or agrees to accept, anything of 
value from any person, intending to be influenced or re-
warded in connection with any business, transaction, or 
series of transactions of such organization, government, 
or agency involving any thing of value of $5,000 or 
more; or 
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(2) corruptly gives, offers, or agrees to give anything 
of value to any person, with intent to influence or reward 
an agent of an organization or of a State, local or Indian 
tribal government, or any agency thereof, in connection 
with any business, transaction, or series of transactions of 
such organization, government, or agency involving any-
thing of value of $5,000 or more; 
shall be imprisoned not more than 10 years. 
(b) APPLICABILITY.—Subsection (a) applies if the organi-
zation, government, or agency receives, in any one year period, 
benefits in excess of $10,000 under a Federal program involv-
ing a grant, contract, subsidy, loan, guarantee, insurance, or 
other form of Federal assistance. 
(c) EXCLUSION.—This section does not apply to bona fide 
salary, wages, fees, or other compensation paid, or expenses 
paid or reimbursed, in the usual course of business. 
(d) DEFINITIONS.—As used in this section— 
(1) the term ‘‘agent’’ means a person authorized to act 
on behalf of another person or a government and, in the 
case of an organization or government, includes a servant 
or employee, and a partner, director, officer, manager, and 
representative; 
(2) the term ‘‘government agency’’ means a subdivi-
sion of the executive, legislative, judicial, or other branch 
of government, including a department, independent estab-
lishment, commission, administration, authority, board, and 
bureau, and a corporation or other legal entity established, 
and subject to control, by a government or governments for 
the execution of a governmental or intergovernmental pro-
gram; 
(3) the term ‘‘local’’ means of or pertaining to a polit-
ical subdivision within a State; and 
(4) the term ‘‘in any one-year period’’ means a contin-
uous period that commences no earlier than twelve months 
before the commission of the offense or that ends no later 
than twelve months after the commission of the offense. 
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Such period may include time both before and after the 
commission of the offense. 
§ 655. Theft of major artwork 
(a) OFFENSES.—A person who— 
(1) steals or obtains by fraud from the care, custody, 
or control of a museum any object of cultural heritage; or 
(2) knowing that an object of cultural heritage has 
been stolen or obtained by fraud, if in fact the object was 
stolen or obtained from the care, custody, or control of a 
museum (whether or not that fact is known to the person), 
receives, conceals, exhibits, or disposes of the object, 
shall be imprisoned not more than 10 years. 
(b) DEFINITIONS.—In this section— 
(1) the term ‘‘museum’’ means an organized and per-
manent institution, the activities of which affect interstate 
or foreign commerce, that— 
(A) is situated in the United States; 
(B) is established for an essentially educational or 
aesthetic purpose; 
(C) has a professional staff; and 
(D) owns, utilizes, and cares for tangible objects 
that are exhibited to the public on a regular schedule; 
and 
(2) the term ‘‘object of cultural heritage’’ means an 
object that is— 
(A) over 100 years old and worth in excess of 
$5,000; or 
(B) worth at least $100,000. 
§ 656. Theft or embezzlement in connection with 
health care 
Whoever knowingly embezzles, steals, or otherwise without 
authority converts or intentionally misapplies any of the mon-
eys, funds, securities, premiums, credits, property, or other as-
sets of a health care benefit program, shall be imprisoned not 
more than 10 years, but if the value of such property does not 
exceed the sum of $100 the offender shall be imprisoned not 
more than one year. 
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§ 657. Embezzlement of labor organization assets. 
(a) OFFENSE.—Whoever, being an officer or employee of 
a labor organization, embezzles, steals, or unlawfully and know-
ingly abstracts or converts any of the property of the organiza-
tion shall be imprisoned for not more than five years. 
(b) DEFINITION.—As used in this section the term ‘‘labor 
organization’’ has the meaning given that term in the National 
Labor Relations Act. 
SUBCHAPTER B—STOLEN PROPERTY 
Sec. 
671.
Transportation of stolen vehicles. 
672.
Sale or receipt of stolen vehicles. 
673.
Transportation of stolen goods, securities, moneys, fraudulent 
State tax stamps, or articles used in counterfeiting. 
674.
Sale or receipt of stolen goods, securities, moneys, or fraudulent 
State tax stamps. 
675.
Trafficking in counterfeit labels, illicit labels, or counterfeit docu-
mentation or packaging. 
676.
Criminal infringement of a copyright. 
677.
Copyright infringement. 
678.
Unauthorized fixation of and trafficking in sound recordings and 
music videos of live musical performances. 
679.
Unauthorized recording of motion pictures in a motion picture ex-
hibition facility. 
680.
Trafficking in counterfeit goods or services. 
682.
Trafficking in certain motor vehicles or motor vehicle parts. 
683.
Chop shops. 
684.
Definitions. 
§ 671. Transportation of stolen vehicles 
Whoever transports in interstate or foreign commerce a 
motor vehicle or aircraft, knowing the same to have been sto-
len, shall be imprisoned not more than 10 years. 
§ 672. Sale or receipt of stolen vehicles 
Whoever receives, possesses, conceals, stores, barters, sells, 
or disposes of any motor vehicle or aircraft, which has crossed 
a State or United States boundary after being stolen, knowing 
the same to have been stolen, shall be imprisoned not more 
than 10 years. 
§ 673. Transportation of stolen goods, securities, 
moneys, fraudulent State tax stamps, or 
articles used in counterfeiting 
Whoever— 
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(1) transports, transmits, or transfers in interstate or 
foreign commerce any goods, wares, merchandise, securities 
or money, of the value of $5,000 or more, knowing the 
same to have been stolen, converted or taken by fraud; 
(2) having devised or intending to devise any scheme 
or artifice to defraud, or for obtaining money or property 
by means of false or fraudulent pretenses, representations, 
or promises, transports or causes to be transported, or in-
duces any person or persons to travel in, or to be trans-
ported in interstate or foreign commerce in the execution 
or concealment of a scheme or artifice to defraud that per-
son or those persons of money or property having a value 
of $5,000 or more; 
(3) with unlawful intent, transports in interstate or 
foreign commerce any falsely made, forged, altered, or 
counterfeited securities or tax stamps, knowing the same to 
have been falsely made, forged, altered, or counterfeited; 
(4) with unlawful intent, transports in interstate or 
foreign commerce any traveler’s check bearing a forged 
countersignature; or 
(5) with unlawful intent, transports in interstate or 
foreign commerce, any tool, implement, or thing used or 
fitted to be used in falsely making, forging, altering, or 
counterfeiting any security or tax stamps, or any part 
thereof; 
shall be imprisoned not more than ten years. 
§ 674. Sale or receipt of stolen goods, securities, 
moneys, or fraudulent State tax stamps 
Whoever— 
(1) receives, possesses, conceals, stores, barters, sells, 
or disposes of any goods, wares, or merchandise, securities, 
or money of the value of $5,000 or more, or pledges or ac-
cepts as security for a loan any goods, wares, or merchan-
dise, or securities, of the value of $500 or more, which have 
crossed a State or United States boundary after being sto-
len, unlawfully converted, or taken, knowing the same to 
have been stolen, unlawfully converted, or taken; 
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(2) receives, possesses, conceals, stores, barters, sells, 
or disposes of any falsely made, forged, altered, or counter-
feited securities or tax stamps, or pledges or accepts as se-
curity for a loan any falsely made, forged, altered, or coun-
terfeited securities or tax stamps, moving as, or which are 
a part of, or which constitute interstate or foreign com-
merce, knowing the same to have been so falsely made, 
forged, altered, or counterfeited; or 
(3) receives in interstate or foreign commerce, or con-
ceals, stores, barters, sells, or disposes of, any tool, imple-
ment, or thing used or intended to be used in falsely mak-
ing, forging, altering, or counterfeiting any security or tax 
stamp, or any part thereof, moving as, or which is a part 
of, or which constitutes interstate or foreign commerce, 
knowing that the same is fitted to be used, or has been 
used, in falsely making, forging, altering, or counterfeiting 
any security or tax stamp, or any part thereof; 
shall be imprisoned not more than ten years. 
§ 675. Trafficking in counterfeit labels, illicit la-
bels, or counterfeit documentation or 
packaging 
(a) OFFENSE.—Whoever, as made applicable by subsection 
(c), knowingly traffics in— 
(1) a counterfeit label or illicit label affixed to, enclos-
ing, or accompanying, or designed to be affixed to, enclose, 
or accompany— 
(A) a phonorecord; 
(B) a copy of a computer program; 
(C) a copy of a motion picture or other audiovisual 
work; 
(D) a copy of a literary work; 
(E) a copy of a pictorial, graphic, or sculptural 
work; 
(F) a work of visual art; or 
(G) documentation or packaging; or 
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(2) counterfeit documentation or packaging, shall be 
fined under this title or imprisoned for not more than 5 
years. 
(b) DEFINITIONS.—As used in this section— 
(1) the term ‘‘counterfeit label’’ means an identifying 
label or container that appears to be genuine, but is not; 
(2) the term ‘‘traffic’’ means to transport, transfer or 
otherwise dispose of, to another, as consideration for any-
thing of value or to make or obtain control of with intent 
to so transport, transfer or dispose of; 
(3) the terms ‘‘copy’’, ‘‘phonorecord’’, ‘‘motion pic-
ture’’, ‘‘computer program’’, ‘‘audiovisual work’’, ‘‘literary 
work’’, ‘‘pictorial, graphic, or sculptural work’’, ‘‘sound re-
cording’’, ‘‘work of visual art’’, and ‘‘copyright owner’’ 
have, respectively, the meanings given those terms in sec-
tion 101 (relating to definitions) of title 17; 
(4) the term ‘‘illicit label’’ means a genuine certificate, 
licensing document, registration card, or similar labeling 
component— 
(A) that is used by the copyright owner to verify 
that a phonorecord, a copy of a computer program, a 
copy of a motion picture or other audiovisual work, a 
copy of a literary work, a copy of a pictorial, graphic, 
or sculptural work, a work of visual art, or documenta-
tion or packaging is not counterfeit or infringing of any 
copyright; and 
(B) that is, without the authorization of the copy-
right owner— 
(i) distributed or intended for distribution not 
in connection with the copy, phonorecord, or work 
of visual art to which such labeling component was 
intended to be affixed by the respective copyright 
owner; or 
(ii) in connection with a genuine certificate or 
licensing document, knowingly falsified in order to 
designate a higher number of licensed users or cop-
ies than authorized by the copyright owner, unless 
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that certificate or document is used by the copy-
right owner solely for the purpose of monitoring or 
tracking the copyright owner’s distribution channel 
and not for the purpose of verifying that a copy or 
phonorecord is noninfringing; 
(5) the term ‘‘documentation or packaging’’ means 
documentation or packaging, in physical form, for a phono-
record, copy of a computer program, copy of a motion pic-
ture or other audiovisual work, copy of a literary work, 
copy of a pictorial, graphic, or sculptural work, or work of 
visual art; and 
(6) the term ‘‘counterfeit documentation or pack-
aging’’ means documentation or packaging that appears to 
be genuine, but is not. 
(c) APPLICATION.—Subsection (a) applies if— 
(1) the offense is committed within the special mari-
time and territorial jurisdiction of the United States; or 
within the special aircraft jurisdiction of the United States 
(as defined in section 46501 of title 49); 
(2) the mail or a facility of interstate or foreign com-
merce is used or intended to be used in the commission of 
the offense; 
(3) the counterfeit label or illicit label is affixed to, en-
closes, or accompanies, or is designed to be affixed to, en-
close, or accompany— 
(A) a phonorecord of a copyrighted sound record-
ing or copyrighted musical work; 
(B) a copy of a copyrighted computer program; 
(C) a copy of a copyrighted motion picture or 
other audiovisual work; 
(D) a copy of a literary work; 
(E) a copy of a pictorial, graphic, or sculptural 
work; 
(F) a work of visual art; or 
(G) copyrighted documentation or packaging; or 
(4) the counterfeited documentation or packaging is 
copyrighted. 
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