‘‘(B) the shipment, transportation, transfer, re-
ceipt, or possession of any plastic explosive, which
was imported, brought into, or manufactured in the
United States before the effective date of this sub-
section by or on behalf of any agency of the United
States performing a military or police function (in-
cluding 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 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 re-
serve component) or the National Guard of any State, pos-
sessing any plastic explosive on the effective date of this
subsection to fail to report to the Secretary within 120
days after the effective date of this subsection the quantity
of such explosives possessed, the manufacturer or im-
porter, any marks of identification on such explosives, and
such other information as the Secretary may by regula-
tions prescribe.’’.
SEC. 203. CRIMINAL SANCTIONS.
Section 844(a) of title 18, United States Code, is
amended to read as follows:
‘‘(a) Any person who violates subsections (a) through
(i) or (l) through (n) of section 842 shall be fined under
this title, imprisoned not more than 10 years, or both.’’.
SEC. 204. EXCEPTIONS.
Section 845 of title 18, United States Code, is
amended—
(1) in subsection (a)—
(A) by inserting ‘‘(l), (m), (n), and (o) of
section 842 and subsections’’ after ‘‘sub-
sections’’; and
(B) in paragraph (1), by inserting ‘‘and
which pertains to safety’’ before the semicolon;
and
(2) by adding at the end the following:
‘‘(c)(1) It is an affirmative defense against any pro-
ceeding involving subsection (l), (m), (n), or (o) of section
842 if the defendant proves by a preponderance of the evi-
dence that the plastic explosive—
‘‘(A) consisted of a small amount of plastic ex-
plosive intended for and utilized solely in lawful—
‘‘(i) research, development, or testing of
new or modified explosive materials;
‘‘(ii) training in explosives detection or de-
velopment or testing of explosives detection
equipment; or
‘‘(iii) forensic science purposes; or
‘‘(B) was plastic explosive which, within 3 years
after the date of entry into force of the Convention
on the Marking of Plastic Explosives, with respect to
the United States, will be or is incorporated in a
military device within the territory of the United
States and remains an integral part of such military
device, or is intended to be, or is incorporated in,
and remains an integral part of a military device
that is intended to become, or has become, the prop-
erty of any agency of the United States performing
military or police functions (including any military
reserve component) or the National Guard of any
State, wherever such device is located.
‘‘(2) For purposes of paragraph (1), the term ‘mili-
tary device’ includes shells, bombs, projectiles, mines, mis-
siles, rockets, shaped charges, grenades, perforators, and
similar devices lawfully manufactured exclusively for mili-
tary or police purposes.’’.
SEC. 205. INVESTIGATIVE AUTHORITY.
Section 846 of title 18, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before ‘‘The’’;
(2) in the last sentence, by inserting ‘‘sub-
section (m) or (n) of section 842 or’’ before ‘‘sub-
section’’; and
(3) by adding after and below the end the
following:
‘‘(b) The Attorney General shall exercise authority
over violations of subsections (m) or (n) of section 842
only when they are committed by a member of a terrorist
or revolutionary group. In any matter involving a terrorist
or revolutionary group or individual, as determined by the
Attorney General, the Attorney General shall have pri-
mary investigative responsibility and the Secretary shall
assist the Attorney General as requested.’’.
SEC. 206. EFFECTIVE DATE.
The amendments made by this title shall take effect
1 year after the date of the enactment of this Act.
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