                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
   CHAPTER 40--IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF 
                           EXPLOSIVE MATERIALS
 
Sec. 841. Definitions

    As used in this chapter--
        (a) ``Person'' means any individual, corporation, company, 
    association, firm, partnership, society, or joint stock company.
        (b) ``Interstate'' or foreign commerce means commerce between 
    any place in a State and any place outside of that State, or within 
    any possession of the United States (not including the Canal Zone) 
    or the District of Columbia, and commerce between places within the 
    same State but through any place outside of that State. ``State'' 
    includes the District of Columbia, the Commonwealth of Puerto Rico, 
    and the possessions of the United States (not including the Canal 
    Zone).
        (c) ``Explosive materials'' means explosives, blasting agents, 
    and detonators.
        (d) Except for the purposes of subsections (d), (e), (f), (g), 
    (h), (i), and (j) of section 844 of this title, ``explosives'' means 
    any chemical compound mixture, or device, the primary or common 
    purpose of which is to function by explosion; the term includes, but 
    is not limited to, dynamite and other high explosives, black powder, 
    pellet powder, initiating explosives, detonators, safety fuses, 
    squibs, detonating cord, igniter cord, and igniters. The Secretary 
    shall publish and revise at least annually in the Federal Register a 
    list of these and any additional explosives which he determines to 
    be within the coverage of this chapter. For the purposes of 
    subsections (d), (e), (f), (g), (h), and (i) of section 844 of this 
    title, the term ``explosive'' is defined in subsection (j) of such 
    section 844.
        (e) ``Blasting agent'' means any material or mixture, consisting 
    of fuel and oxidizer, intended for blasting, not otherwise defined 
    as an explosive: Provided, That the finished product, as mixed for 
    use or shipment, cannot be detonated by means of a numbered 8 test 
    blasting cap when unconfined.
        (f) ``Detonator'' means any device containing a detonating 
    charge that is used for initiating detonation in an explosive; the 
    term includes, but is not limited to, electric blasting caps of 
    instantaneous and delay types, blasting caps for use with safety 
    fuses and detonating-cord delay connectors.
        (g) ``Importer'' means any person engaged in the business of 
    importing or bringing explosive materials into the United States for 
    purposes of sale or distribution.
        (h) ``Manufacturer'' means any person engaged in the business of 
    manufacturing explosive materials for purposes of sale or 
    distribution or for his own use.
        (i) ``Dealer'' means any person engaged in the business of 
    distributing explosive materials at wholesale or retail.
        (j) ``Permittee'' means any user of explosives for a lawful 
    purpose, who has obtained a user permit under the provisions of this 
    chapter.
        (k) ``Secretary'' means the Secretary of the Treasury or his 
    delegate.
        (l) ``Crime punishable by imprisonment for a term exceeding one 
    year'' shall not mean (1) any Federal or State offenses pertaining 
    to antitrust violations, unfair trade practices, restraints of 
    trade, or other similar offenses relating to the regulation of 
    business practices as the Secretary may by regulation designate, or 
    (2) any State offense (other than one involving a firearm or 
    explosive) classified by the laws of the State as a misdemeanor and 
    punishable by a term of imprisonment of two years or less.
        (m) ``Licensee'' means any importer, manufacturer, or dealer 
    licensed under the provisions of this chapter.
        (n) ``Distribute'' means sell, issue, give, transfer, or 
    otherwise dispose of.
        (o) ``Convention on the Marking of Plastic Explosives'' means 
    the Convention on the Marking of Plastic Explosives for the Purpose 
    of Detection, Done at Montreal on 1 March 1991.
        (p) ``Detection agent'' means any one of the substances 
    specified in this subsection when introduced into a plastic 
    explosive or formulated in such explosive as a part of the 
    manufacturing process in such a manner as to achieve homogeneous 
    distribution in the finished explosive, including--
            (1) Ethylene glycol dinitrate (EGDN), 
        C<INF>2</INF>H<INF>4</INF>(NO<INF>3</INF>)<INF>2</INF>, 
        molecular weight 152, when the minimum concentration in the 
        finished explosive is 0.2 percent by mass;
            (2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), 
        C<INF>6</INF>H<INF>12</INF>(NO<INF>2</INF>)<INF>2</INF>, 
        molecular weight 176, when the minimum concentration in the 
        finished explosive is 0.1 percent by mass;
            (3) Para-Mononitrotoluene (p-MNT), 
        C<INF>7</INF>H<INF>7</INF>NO<INF>2</INF>, molecular weight 137, 
        when the minimum concentration in the finished explosive is 0.5 
        percent by mass;
            (4) Ortho-Mononitrotoluene (o-MNT), 
        C<INF>7</INF>H<INF>7</INF>NO<INF>2</INF>, molecular weight 137, 
        when the minimum concentration in the finished explosive is 0.5 
        percent by mass; and
            (5) any other substance in the concentration specified by 
        the Secretary, after consultation with the Secretary of State 
        and the Secretary of Defense, that has been added to the table 
        in part 2 of the Technical Annex to the Convention on the 
        Marking of Plastic Explosives.

        (q) ``Plastic explosive'' means an explosive material in 
    flexible or elastic sheet form formulated with one or more high 
    explosives which in their pure form has a vapor pressure less than 
    10-\4\ Pa at a temperature of 25 deg.C., is formulated with a binder 
    material, and is as a mixture malleable or flexible at normal room 
    temperature.

(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat. 
952; amended Pub. L. 104-132, title VI, Sec. 602, Apr. 24, 1996, 110 
Stat. 1288.)

                       References in Text

    For definition of Canal Zone, referred to in subsec. (a), see 
section 3602(b) of Title 22, Foreign Relations and Intercourse.


                               Amendments

    1996--Subsecs. (o) to (q). Pub. L. 104-132 added subsecs. (o) to 
(q).


                    Effective Date of 1996 Amendment

    Section 607 of title VI of Pub. L. 104-132 provided that: ``Except 
as otherwise provided in this title [amending this section, sections 
842, 844, and 845 of this title, and section 1595a of Title 19, Customs 
Duties, and enacting provisions set out as a note below], this title and 
the amendments made by this title shall take effect 1 year after the 
date of enactment of this Act [Apr. 24, 1996].''


                             Effective Date

    Section 1105(a), (b) of Pub. L. 91-452 provided that:
    ``(a) Except as provided in subsection (b), the provisions of 
chapter 40 of title 18, United States Code, as enacted by section 1102 
of this title shall take effect one hundred and twenty days after the 
date of enactment of this Act [Oct. 15, 1970].
    ``(b) The following sections of chapter 40 of title 18, United 
States Code, as enacted by section 1102 of this title shall take effect 
on the date of the enactment of this Act [Oct. 15, 1970]: sections 841, 
844(d), (e), (f), (g), (h), (i), and (j), 845, 846, 847, 848 and 849 [no 
section 849 was enacted].''


                      Short Title of 1982 Amendment

    Pub. L. 97-298, Sec. 1, Oct. 12, 1982, 96 Stat. 1319, provided: 
``That this Act [amending section 844 of this title] may be cited as the 
`Anti-Arson Act of 1982'.''


                      Short Title of 1975 Amendment

    Pub. L. 93-639, Sec. 1, Jan. 4, 1975, 88 Stat. 2217, provided: 
``That this Act [amending sections 845 and 921 of this title] may be 
cited as `Amendments of 1973 to Federal Law Relating to Explosives'.''

                          Transfer of Functions

    Enforcement functions of Secretary or other official of Department 
of the Treasury related to compliance with permits for interstate 
transport of explosives and compliance with regulations for storage of 
explosives under this chapter with respect to pre-construction, 
construction, and initial operation of transportation system for 
Canadian and Alaskan natural gas transferred to Federal Inspector, 
Office of Federal Inspector for Alaska Natural Gas Transportation 
System, until first anniversary of date of initial operation of Alaska 
Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, 
Secs. 102(g), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, 
effective July 1, 1979, set out in the Appendix to Title 5, Government 
Organization and Employees. Office of Federal Inspector for the Alaska 
Natural Gas Transportation System abolished and functions and authority 
vested in Inspector transferred to Secretary of Energy by section 
3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal 
Inspector note under section 719e of Title 15, Commerce and Trade.


          Findings and Purposes of Title VI of Pub. L. 104-132

    Section 601 of title VI of Pub. L. 104-132 provided that:
    ``(a) Findings.--The Congress finds that--
        ``(1) plastic explosives were used by terrorists in the bombings 
    of Pan American Airlines flight number 103 in December 1988 and UTA 
    flight number 722 in September 1989;
        ``(2) plastic explosives can be used with little likelihood of 
    detection for acts of unlawful interference with civil aviation, 
    maritime navigation, and other modes of transportation;
        ``(3) the criminal use of plastic explosives places innocent 
    lives in jeopardy, endangers national security, affects domestic 
    tranquility, and gravely affects interstate and foreign commerce;
        ``(4) the marking of plastic explosives for the purpose of 
    detection would contribute significantly to the prevention and 
    punishment of such unlawful acts; and
        ``(5) for the purpose of deterring and detecting such unlawful 
    acts, the Convention on the Marking of Plastic Explosives for the 
    Purpose of Detection, Done at Montreal on 1 March 1991, requires 
    each contracting State to adopt appropriate measures to ensure that 
    plastic explosives are duly marked and controlled.
    ``(b) Purpose.--The purpose of this title [amending this section, 
sections 842, 844, and 845 of this title, and section 1595a of Title 19, 
Customs Duties, and enacting provisions set out as a note above] is to 
fully implement the Convention on the Marking of Plastic Explosives for 
the Purpose of Detection, Done at Montreal on 1 March 1991.''


     Marking, Rendering Inert, and Licensing of Explosive Materials

    Section 732 of Pub. L. 104-132, as amended by Pub. L. 104-208, div. 
A, title I, Sec. 101(a) [title I, Sec. 113], Sept. 30, 1996, 110 Stat. 
3009, 3009-21; Pub. L. 105-61, title I, Oct. 10, 1997, 111 Stat. 1272, 
provided that:
    ``(a) Study.--
        ``(1) In general.--Not later than 12 months after the date of 
    enactment of this Act [Apr. 24, 1996], the Secretary of the Treasury 
    (referred to in this section as the `Secretary') shall conduct a 
    study of--
            ``(A) the tagging of explosive materials for purposes of 
        detection and identification;
            ``(B) the feasibility and practicability of rendering common 
        chemicals used to manufacture explosive materials inert;
            ``(C) the feasibility and practicability of imposing 
        controls on certain precursor chemicals used to manufacture 
        explosive materials; and
            ``(D) State licensing requirements for the purchase and use 
        of commercial high explosives, including--
                ``(i) detonators;
                ``(ii) detonating cords;
                ``(iii) dynamite;
                ``(iv) water gel;
                ``(v) emulsion;
                ``(vi) blasting agents; and
                ``(vii) boosters.
        ``(2) Exclusion.--No study conducted under this subsection or 
    regulation proposed under subsection (e) shall include black or 
    smokeless powder among the explosive materials considered.
        ``(3) New prevention technologies.--In addition to the study of 
    taggants as provided herein, the Secretary, in consultation with the 
    Attorney General, shall concurrently report to the Congress on the 
    possible use, and exploitation of technologies such as vapor 
    detection devices, computed tomography, nuclear quadropole 
    resonance, thermal neutron analysis, pulsed fast-neutron analysis, 
    and other technologies upon which recommendations to the Congress 
    may be made for further study, funding, and use of the same in 
    preventing and solving acts of terrorism involving explosive 
    devices.
    ``(b) Consultation.--
        ``(1) In general.--In conducting the study under subsection (a), 
    the Secretary shall consult with--
            ``(A) Federal, State, and local officials with expertise in 
        the area of chemicals used to manufacture explosive materials; 
        and
            ``(B) such other individuals as the Secretary determines are 
        necessary.
        ``(2) Fertilizer research centers.--In conducting any portion of 
    the study under subsection (a) relating to the regulation and use of 
    fertilizer as a pre-explosive material, the Secretary of the 
    Treasury shall consult with and receive input from non-profit 
    fertilizer research centers.
    ``(c) Report.--Not later than 30 days after the completion of the 
study conducted under subsection (a), the Secretary shall submit a 
report to the Congress, which shall be made public, that contains--
        ``(1) the results of the study;
        ``(2) any recommendations for legislation; and
        ``(3) any opinions and findings of the fertilizer research 
    centers.
    ``(d) Hearings.--Congress shall have not less than 90 days after the 
submission of the report under subsection (c) to--
        ``(1) review the results of the study; and
        ``(2) hold hearings and receive testimony regarding the 
    recommendations of the Secretary.
    ``(e) Regulations.--
        ``(1) In general.--Not later than 6 months after the submission 
    of the report required by subsection (c), the Secretary may submit 
    to Congress and publish in the Federal Register draft regulations 
    for the addition of tracer elements to explosive materials 
    manufactured in or imported into the United States, of such 
    character and in such quantity as the Secretary may authorize or 
    require, if the results of the study conducted under subsection (a) 
    indicate that the tracer elements--
            ``(A) will not pose a risk to human life or safety;
            ``(B) will substantially assist law enforcement officers in 
        their investigative efforts;
            ``(C) will not substantially impair the quality of the 
        explosive materials for their intended lawful use;
            ``(D) will not have a substantially adverse effect on the 
        environment; and
            ``(E) the costs associated with the addition of the tracers 
        will not outweigh benefits of their inclusion.
        ``(2) Effective date.--The regulations under paragraph (1) shall 
    take effect 270 days after the Secretary submits proposed 
    regulations to Congress pursuant to paragraph (1), except to the 
    extent that the effective date is revised or the regulation is 
    otherwise modified or disapproved by an Act of Congress.
    ``(f) Special Study.--
        ``(1) In general.--Notwithstanding subsection (a), the Secretary 
    of the Treasury shall enter into a contract with the National 
    Academy of Sciences (referred to in this section as the `Academy') 
    to conduct a study of the tagging of smokeless and black powder by 
    any viable technology for purposes of detection and identification. 
    The study shall be conducted by an independent panel of 5 experts 
    appointed by the Academy.
        ``(2) Study elements.--The study conducted under this subsection 
    shall--
            ``(A) indicate whether the tracer elements, when added to 
        smokeless and black powder--
                ``(i) will pose a risk to human life or safety;
                ``(ii) will substantially assist law enforcement 
            officers in their investigative efforts;
                ``(iii) will impair the quality and performance of the 
            powders (which shall include a broad and comprehensive 
            sampling of all available powders) for their intended lawful 
            use, including, but not limited to the sporting, defense, 
            and handloading uses of the powders, as well as their use in 
            display and lawful consumer pyrotechnics;
                ``(iv) will have a substantially adverse effect on the 
            environment;
                ``(v) will incur costs which outweigh the benefits of 
            their inclusion, including an evaluation of the probable 
            production and regulatory cost of compliance to the 
            industry, and the costs and effects on consumers, including 
            the effect on the demand for ammunition; and
                ``(vi) can be evaded, and with what degree of 
            difficulty, by terrorists or terrorist organizations, 
            including evading tracer elements by the use of precursor 
            chemicals to make black or other powders; and
            ``(B) provide for consultation on the study with Federal, 
        State, and local officials, non-governmental organizations, 
        including all national police organizations, national sporting 
        organizations, and national industry associations with expertise 
        in this area and such other individuals as shall be deemed 
        necessary.
        ``(3) Report and costs.--The study conducted under this 
    subsection shall be presented to Congress 2 years after the 
    enactment of this subsection [enacted Sept. 30, 1996] and be made 
    available to the public, including any data tapes or data used to 
    form such recommendations. There are authorized to be appropriated 
    such sums as may be necessary to carry out the study.''


                  Congressional Declaration of Purpose

    Section 1101 of title XI of Pub. L. 91-452 provided that: ``The 
Congress hereby declares that the purpose of this title [enacting this 
chapter amending section 2516 of this title, repealing section 837 of 
this title and sections 121 to 144 of Title 50, War and National 
Defense, and enacting provisions set out as notes under this section] is 
to protect interstate and foreign commerce against interference and 
interruption by reducing the hazard to persons and property arising from 
misuse and unsafe or insecure storage of explosive materials. It is not 
the purpose of this title to place any undue or unnecessary Federal 
restrictions or burdens on law-abiding citizens with respect to the 
acquisition, possession, storage, or use of explosive materials for 
industrial, mining, agricultural, or other lawful purposes, or to 
provide for the imposition by Federal regulations of any procedures or 
requirements other than those reasonably necessary to implement and 
effectuate the provisions of this title.''


                    Modification of Other Provisions

    Section 1104 of title XI of Pub. L. 91-452, as amended by Pub. L. 
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ``Nothing 
in this title [enacting this chapter, amending section 2516 of this 
title, repealing section 837 of this title and sections 121 to 144 of 
Title 50, War and National Defense, and enacting provisions set out as 
notes under this section] shall be construed as modifying or affecting 
any provision of--
        ``(a) The National Firearms Act (chapter 53 of the Internal 
    Revenue Code of 1986);
        ``(b) Section 414 of the Mutual Security Act of 1954 (22 U.S.C. 
    1934), as amended, relating to munitions control;
        ``(c) Section 1716 of title 18, United States Code, relating to 
    nonmailable materials;
        ``(d) Sections 831 through 836 of title 18, United States Code; 
    or
        ``(e) Chapter 44 of title 18, United States Code.''


Continuation in Business or Operation of Any Person Engaged in Business 
                    or Operation on October 15, 1970

    Section 1105(c) of Pub. L. 91-452 provided that: ``Any person (as 
defined in section 841(a) of title 18, United States Code) engaging in a 
business or operation requiring a license or permit under the provisions 
of chapter 40 of such title 18, who was engaged in such business or 
operation on the date of enactment of this Act [Oct. 15, 1970] and who 
has filed an application for a license or permit under the provisions of 
section 843 of such chapter 40 prior to the effective date of such 
section 843 [see Effective Date note set out above] may continue such 
business or operation pending final action on his application. All 
provisions of such chapter 40 shall apply to such applicant in the same 
manner and to the same extent as if he were a holder of a license or 
permit under such chapter 40.''


                     Authorization of Appropriations

    Section 1107 of title XI of Pub. L. 91-452 provided that: ``There 
are hereby authorized to be appropriated such sums as are necessary to 
carry out the purposes of this title [enacting this chapter, amending 
section 2516 of this title, repealing section 837 of this title and 
sections 121 to 144 of Title 50, War and National Defense, and enacting 
provisions set as notes under this section].''

                  Section Referred to in Other Sections

    This section is referred to in title 8 section 1101; title 19 
section 1595a.
