§ 841. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC841]
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 Attorney
General shall publish and revise at least annually in the Federal
Register a list of these and any additional explosives which he
determines to be within the coverage of this chapter. For the
purposes of subsections (d), (e), (f), (g), (h), and (i) of section
844 of this title, the term ``explosive'' is defined in subsection
(j) of such section 844.
(e) ``Blasting agent'' means any material or mixture, consisting
of fuel and oxidizer, intended for blasting, not otherwise defined
as an explosive: Provided, That the finished product, as mixed for
use or shipment, cannot be detonated by means of a numbered 8 test
blasting cap when unconfined.
(f) ``Detonator'' means any device containing a detonating
charge that is used for initiating detonation in an explosive; the
term includes, but is not limited to, electric blasting caps of
instantaneous and delay types, blasting caps for use with safety
fuses and detonating-cord delay connectors.
(g) ``Importer'' means any person engaged in the business of
importing or bringing explosive materials into the United States for
purposes of sale or distribution.
(h) ``Manufacturer'' means any person engaged in the business of
manufacturing explosive materials for purposes of sale or
distribution or for his own use.
(i) ``Dealer'' means any person engaged in the business of
distributing explosive materials at wholesale or retail.
(j) ``Permittee'' means any user of explosives for a lawful
purpose, who has obtained either a user permit or a limited permit
under the provisions of this chapter.
(k) ``Attorney General'' means the Attorney General of the
United States.
(l) ``Crime punishable by imprisonment for a term exceeding one
year'' shall not mean (1) any Federal or State offenses pertaining
to antitrust violations, unfair trade practices, restraints of
trade, or other similar offenses relating to the regulation of
business practices as the Attorney General may by regulation
designate, or (2) any State offense (other than one involving a
firearm or explosive) classified by the laws of the State as a
misdemeanor and punishable by a term of imprisonment of two years or
less.
(m) ``Licensee'' means any importer, manufacturer, or dealer
licensed under the provisions of this chapter.
(n) ``Distribute'' means sell, issue, give, transfer, or
otherwise dispose of.
(o) ``Convention on the Marking of Plastic Explosives'' means
the Convention on the Marking of Plastic Explosives for the Purpose
of Detection, Done at Montreal on 1 March 1991.
(p) ``Detection agent'' means any one of the substances
specified in this subsection when introduced into a plastic
explosive or formulated in such explosive as a part of the
manufacturing process in such a manner as to achieve homogeneous
distribution in the finished explosive, including--
(1) Ethylene glycol dinitrate (EGDN),
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 Attorney General, after consultation with the Secretary of
State and the Secretary of Defense, that has been added to the
table in part 2 of the Technical Annex to the Convention on the
Marking of Plastic Explosives.
(q) ``Plastic explosive'' means an explosive material in
flexible or elastic sheet form formulated with one or more high
explosives which in their pure form has a vapor pressure less than
10-\4\ Pa at a temperature of 25C., is formulated with a binder
material, and is as a mixture malleable or flexible at normal room
temperature.
(r) ``Alien'' means any person who is not a citizen or national
of the United States.
(s) ``Responsible person'' means an individual who has the power
to direct the management and policies of the applicant pertaining to
explosive materials.
(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat.
952; amended Pub. L. 104-132, title VI, Sec. 602, Apr. 24, 1996, 110
Stat. 1288; Pub. L. 107-296, title XI, Secs. 1112(e)(1), (3), 1122(a),
Nov. 25, 2002, 116 Stat. 2276, 2280.)
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
2002--Subsec. (d). Pub. L. 107-296, Sec. 1112(e)(3), substituted
``Attorney General'' for ``Secretary''.
Subsec. (j). Pub. L. 107-296, Sec. 1122(a)(1), added subsec. (j) and
struck out former subsec. (j) which read as follows: `` `Permittee'
means any user of explosives for a lawful purpose, who has obtained a
user permit under the provisions of this chapter.''
Subsec. (k). Pub. L. 107-296, Sec. 1112(e)(1), added subsec. (k) and
struck out former subsec. (k) which read as follows: `` `Secretary'
means the Secretary of the Treasury or his delegate.''
Subsec. (l). Pub. L. 107-296, Sec. 1112(e)(3), substituted
``Attorney General'' for ``Secretary''.
Subsec. (p)(5). Pub. L. 107-296, Sec. 1112(e)(3), which directed
amendment of par. (5) by substituting ``Attorney General'' for
``Secretary'' wherever appearing, was executed by making the
substitution the first place appearing to reflect the probable intent of
Congress.
Subsecs. (r), (s). Pub. L. 107-296, Sec. 1122(a)(2), added subsecs.
(r) and (s).
1996--Subsecs. (o) to (q). Pub. L. 104-132 added subsecs. (o) to
(q).
Effective Date of 2002 Amendment
Amendment by section 1112(e)(1), (3) of Pub. L. 107-296 effective 60
days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
Amendment by section 1122(a) of Pub. L. 107-296 effective 180 days
after Nov. 25, 2002, see section 1122(i) of Pub. L. 107-296, set out as
a note under section 843 of this title.
Effective Date of 1996 Amendment
Section 607 of title VI of Pub. L. 104-132 provided that: ``Except
as otherwise provided in this title [amending this section, sections
842, 844, and 845 of this title, and section 1595a of Title 19, Customs
Duties, and enacting provisions set out as a note below], this title and
the amendments made by this title shall take effect 1 year after the
date of enactment of this Act [Apr. 24, 1996].''
Effective Date
Section 1105(a), (b) of Pub. L. 91-452 provided that:
``(a) Except as provided in subsection (b), the provisions of
chapter 40 of title 18, United States Code, as enacted by section 1102
of this title shall take effect one hundred and twenty days after the
date of enactment of this Act [Oct. 15, 1970].
``(b) The following sections of chapter 40 of title 18, United
States Code, as enacted by section 1102 of this title shall take effect
on the date of the enactment of this Act [Oct. 15, 1970]: sections 841,
844(d), (e), (f), (g), (h), (i), and (j), 845, 846, 847, 848 and 849 [no
section 849 was enacted].''
Short Title of 2002 Amendment
Pub. L. 107-296, title XI, Sec. 1121, Nov. 25, 2002, 116 Stat. 2280,
provided that: ``This subtitle [subtitle C (Secs. 1121-1128) of title XI
of Pub. L. 107-296, amending this section and sections 842 to 845 of
this title and enacting provisions set out as a note under section 843
of this title] may be referred to as the `Safe Explosives Act'.''
Short Title of 1982 Amendment
Pub. L. 97-298, Sec. 1, Oct. 12, 1982, 96 Stat. 1319, provided:
``That this Act [amending section 844 of this title] may be cited as the
`Anti-Arson Act of 1982'.''
Short Title of 1975 Amendment
Pub. L. 93-639, Sec. 1, Jan. 4, 1975, 88 Stat. 2217, provided:
``That this Act [amending sections 845 and 921 of this title] may be
cited as `Amendments of 1973 to Federal Law Relating to Explosives'.''
Findings and Purposes of Title VI of Pub. L. 104-132
Section 601 of title VI of Pub. L. 104-132 provided that:
``(a) Findings.--The Congress finds that--
``(1) plastic explosives were used by terrorists in the bombings
of Pan American Airlines flight number 103 in December 1988 and UTA
flight number 722 in September 1989;
``(2) plastic explosives can be used with little likelihood of
detection for acts of unlawful interference with civil aviation,
maritime navigation, and other modes of transportation;
``(3) the criminal use of plastic explosives places innocent
lives in jeopardy, endangers national security, affects domestic
tranquility, and gravely affects interstate and foreign commerce;
``(4) the marking of plastic explosives for the purpose of
detection would contribute significantly to the prevention and
punishment of such unlawful acts; and
``(5) for the purpose of deterring and detecting such unlawful
acts, the Convention on the Marking of Plastic Explosives for the
Purpose of Detection, Done at Montreal on 1 March 1991, requires
each contracting State to adopt appropriate measures to ensure that
plastic explosives are duly marked and controlled.
``(b) Purpose.--The purpose of this title [amending this section,
sections 842, 844, and 845 of this title, and section 1595a of Title 19,
Customs Duties, and enacting provisions set out as a note above] is to
fully implement the Convention on the Marking of Plastic Explosives for
the Purpose of Detection, Done at Montreal on 1 March 1991.''
Marking, Rendering Inert, and Licensing of Explosive Materials
Section 732 of Pub. L. 104-132, as amended by Pub. L. 104-208, div.
A, title I, Sec. 101(a) [title I, Sec. 113], Sept. 30, 1996, 110 Stat.
3009, 3009-21; Pub. L. 105-61, title I, Oct. 10, 1997, 111 Stat. 1272,
required study by the Secretary of the Treasury of the marking,
rendering inert, and licensing of explosive materials not later than 12
months after Apr. 24, 1996, report to Congress on results and
recommendations, hearings by Congress to review study results,
promulgation of regulations, and special study on the tagging of
smokeless and black powder and report two years after Sept. 30, 1996.
Congressional Declaration of Purpose
Section 1101 of title XI of Pub. L. 91-452 provided that: ``The
Congress hereby declares that the purpose of this title [enacting this
chapter amending section 2516 of this title, repealing section 837 of
this title and sections 121 to 144 of Title 50, War and National
Defense, and enacting provisions set out as notes under this section] is
to protect interstate and foreign commerce against interference and
interruption by reducing the hazard to persons and property arising from
misuse and unsafe or insecure storage of explosive materials. It is not
the purpose of this title to place any undue or unnecessary Federal
restrictions or burdens on law-abiding citizens with respect to the
acquisition, possession, storage, or use of explosive materials for
industrial, mining, agricultural, or other lawful purposes, or to
provide for the imposition by Federal regulations of any procedures or
requirements other than those reasonably necessary to implement and
effectuate the provisions of this title.''
Modification of Other Provisions
Section 1104 of title XI of Pub. L. 91-452, as amended by Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ``Nothing
in this title [enacting this chapter, amending section 2516 of this
title, repealing section 837 of this title and sections 121 to 144 of
Title 50, War and National Defense, and enacting provisions set out as
notes under this section] shall be construed as modifying or affecting
any provision of--
``(a) The National Firearms Act (chapter 53 of the Internal
Revenue Code of 1986);
``(b) Section 414 of the Mutual Security Act of 1954 (22 U.S.C.
1934), as amended, relating to munitions control;
``(c) Section 1716 of title 18, United States Code, relating to
nonmailable materials;
``(d) Sections 831 through 836 of title 18, United States Code;
or
``(e) Chapter 44 of title 18, United States Code.''
Continuation in Business or Operation of Any Person Engaged in Business
or Operation on October 15, 1970
Section 1105(c) of Pub. L. 91-452 provided that: ``Any person (as
defined in section 841(a) of title 18, United States Code) engaging in a
business or operation requiring a license or permit under the provisions
of chapter 40 of such title 18, who was engaged in such business or
operation on the date of enactment of this Act [Oct. 15, 1970] and who
has filed an application for a license or permit under the provisions of
section 843 of such chapter 40 prior to the effective date of such
section 843 [see Effective Date note set out above] may continue such
business or operation pending final action on his application. All
provisions of such chapter 40 shall apply to such applicant in the same
manner and to the same extent as if he were a holder of a license or
permit under such chapter 40.''
Authorization of Appropriations
Section 1107 of title XI of Pub. L. 91-452 provided that: ``There
are hereby authorized to be appropriated such sums as are necessary to
carry out the purposes of this title [enacting this chapter, amending
section 2516 of this title, repealing section 837 of this title and
sections 121 to 144 of Title 50, War and National Defense, and enacting
provisions set as notes under this section].''
Section Referred to in Other Sections
This section is referred to in title 8 section 1101; title 19
section 1595a; title 40 section 5104.
