18 U.S.C. § 846 — Additional powers of the Attorney General

Page 207 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 846 (1) consisted of a small amount of plastic ex- plosive intended for and utilized solely in law- ful— (A) research, development, or testing of new or modified explosive materials; (B) training in explosives detection or de- velopment 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 mili- tary device within the territory of the United States and remains an integral part of such military device, or is intended to be, or is in- corporated 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 po- lice functions (including any military 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, but is not re- stricted to, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully man- ufactured exclusively for military or police purposes. (Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 958; amended Pub. L. 93–639, § 101, Jan. 4, 1975, 88 Stat. 2217; Pub. L. 104–132, title VI, § 605, Apr. 24, 1996, 110 Stat. 1289; Pub. L. 107–296, title XI, §§ 1112(e)(3), 1126, Nov. 25, 2002, 116 Stat. 2276, 2285; Pub. L. 109–59, title VII, § 7127, Aug. 10, 2005, 119 Stat. 1909; Pub. L. 111–211, title II, § 236(a), (c), July 29, 2010, 124 Stat. 2286.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Antiterrorism and Ef- fective Death Penalty Act of 1996, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 104–132, which was approved Apr. 24, 1996. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211, § 236(c)(1), sub- stituted ‘‘subsection (l),’’ for ‘‘subsections (l),’’ in intro- ductory provisions. Subsec. (a)(7). Pub. L. 111–211, § 236(a), added par. (7). Subsec. (b). Pub. L. 111–211, § 236(c)(2), substituted ‘‘Attorney General’’ for ‘‘Secretary’’ wherever appear- ing. 2005—Subsec. (a)(1). Pub. L. 109–59 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘any aspect of the transportation of explosive mate- rials via railroad, water, highway, or air which are reg- ulated by the United States Department of Transpor- tation and agencies thereof, and which pertain to safe- ty;’’. 2002—Subsec. (b). Pub. L. 107–296, § 1126, amended sub- sec. (b) generally. Prior to amendment, text read as fol- lows: ‘‘A person who had been indicted for or convicted of a crime punishable by imprisonment for a term ex- ceeding one year may make application to the Attor- ney General for relief from the disabilities imposed by this chapter with respect to engaging in the business of importing, manufacturing, or dealing in explosive ma- terials, or the purchase of explosive materials, and in- curred by reason of such indictment or conviction, and the Attorney General may grant such relief if it is es- tablished to his satisfaction that the circumstances re- garding the indictment or conviction, and the appli- cant’s record and reputation, are such that the appli- cant will not be likely to act in a manner dangerous to public safety and that the granting of the relief will not be contrary to the public interest. A licensee or permittee who makes application for relief from the disabilities incurred under this chapter by reason of in- dictment or conviction, shall not be barred by such in- dictment or conviction from further operations under his license or permit pending final action on an appli- cation for relief filed pursuant to this section.’’ Pub. L. 107–296, § 1112(e)(3), substituted ‘‘Attorney General’’ for ‘‘Secretary’’ in two places. 1996—Subsec. (a). Pub. L. 104–132, § 605(1), inserted ‘‘(l), (m), (n), or (o) of section 842 and subsections’’ after ‘‘subsections’’ in introductory provisions and ‘‘, and which pertain to safety’’ before semicolon at end of par. (1). Subsec. (c). Pub. L. 104–132, § 605(2), added subsec. (c). 1975—Subsec. (a)(5). Pub. L. 93–639 substituted provi- sions exempting commercially manufactured black powder in quantities not exceeding fifty pounds, per- cussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, intended to be used solely for sporting, recreational, or cultural pur- poses in antique firearms or in antique devices for such exemption of black powder in quantities not exceeding five pounds. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by 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, Do- mestic Security. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–132 effective 1 year after Apr. 24, 1996, see section 607 of Pub. L. 104–132, set out as a note under section 841 of this title. § 846. Additional powers of the Attorney General (a) The Attorney General is authorized to in- spect the site of any accident, or fire, in which there is reason to believe that explosive mate- rials were involved, in order that if any such in- cident 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 At- torney General is authorized to enter into or upon any property where explosive materials have been used, are suspected of having been used, or have been found in an otherwise unau- thorized location. 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 investigatory 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 in- vestigations with respect to violations of sub- section (d), (e), (f), (g), (h), or (i) of section 844 of this title. (b) The Attorney General is authorized to es- tablish a national repository of information on incidents involving arson and the suspected criminal misuse of explosives. All Federal agen- cies having information concerning such inci- dents shall report the information to the Attor- Page 208 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 847 ney General pursuant to such regulations as deemed necessary to carry out the provisions of this subsection. The repository shall also con- tain information on incidents voluntarily re- ported to the Attorney General by State and local authorities. (Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 959; amended Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 654(a)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–369; Pub. L. 107–296, title XI, § 1112(e)(2), (3), Nov. 25, 2002, 116 Stat. 2276.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–296, § 1112(e)(3), substituted ‘‘Attor- ney General’’ for ‘‘Secretary’’ in section catchline. Subsec. (a). Pub. L. 107–296, § 1112(e)(3), substituted ‘‘Attorney General’’ for ‘‘Secretary’’ in two places. Pub. L. 107–296, § 1112(e)(2), substituted ‘‘the Federal Bureau of Investigation, together with the Bureau of Alcohol, Tobacco, Firearms, and Explosives’’ for ‘‘the Attorney General and the Federal Bureau of Investiga- tion, together with the Secretary’’. Subsec. (b). Pub. L. 107–296, § 1112(e)(3), substituted ‘‘Attorney General’’ for ‘‘Secretary’’ wherever appear- ing. 1996—Pub. L. 104–208 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by 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, Do- mestic Security. AUTHORIZATION OF APPROPRIATIONS Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 654(b)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–369, pro- vided that: ‘‘There is authorized to be appropriated such sums as may be necessary to carry out the provi- sions of this subsection [probably means ‘‘this section’’ which amended this section].’’ CERTIFICATION OF EXPLOSIVES DETECTION CANINES Pub. L. 106–554, § 1(a)(3) [title VI, § 626], Dec. 21, 2000, 114 Stat. 2763, 2763A–162, provided that: ‘‘Hereafter, the Secretary of the Treasury is authorized to establish scientific certification standards for explosives detec- tion canines, and shall provide, on a reimbursable basis, for the certification of explosives detection ca- nines employed by Federal agencies, or other agencies providing explosives detection services at airports in the United States.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 106–58, title VI, § 630, Sept. 29, 1999, 113 Stat. 473. Pub. L. 105–277, div. A, § 101(h) [title VI, § 640], Oct. 21, 1998, 112 Stat. 2681–480, 2681–526. Pub. L. 105–61, title VI, § 627, Oct. 10, 1997, 111 Stat. 1315. Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 653(a)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–369. § 847. Rules and regulations The administration of this chapter shall be vested in the Attorney General. The Attorney General may prescribe such rules and regula- tions 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 parties opportunity for hearing, prior to prescribing such rules and reg- ulations. (Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 959; amended Pub. L. 107–296, title XI, § 1112(e)(3), Nov. 25, 2002, 116 Stat. 2276.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–296 substituted ‘‘Attorney General’’ for ‘‘Secretary’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by 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, Do- mestic Security. § 848. Effect on State law No provision of this chapter shall be construed as indicating an intent on the part of the Con- gress 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 di- rect and positive conflict between such provi- sion and the law of the State so that the two cannot be reconciled or consistently stand to- gether. (Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 959.) CHAPTER 41—EXTORTION AND THREATS Sec. 871. Threats against President and successors to the Presidency. 872. Extortion by officers or employees of the United States. 873. Blackmail. 874. Kickbacks from public works employees. 875. Interstate communications. 876. Mailing threatening communications. 877. Mailing threatening communications from foreign country. 878. Threats and extortion against foreign offi- cials, official guests, or internationally pro- tected persons. 879. Threats against former Presidents and cer- tain other persons. 880. Receiving the proceeds of extortion. Editorial Notes AMENDMENTS 2000—Pub. L. 106–544, § 2(b)(2), Dec. 19, 2000, 114 Stat. 2715, struck out ‘‘protected by the Secret Service’’ after ‘‘other persons’’ in item 879. 1994—Pub. L. 103–322, title XXXII, § 320601(a)(2), Sept. 13, 1994, 108 Stat. 2115, added item 880. 1982—Pub. L. 97–297, § 1(b), Oct. 12, 1982, 96 Stat. 1317, added item 879. 1976—Pub. L. 94–467, § 9, Oct. 8, 1976, 90 Stat. 2001, added item 878. 1962—Pub. L. 87–829, § 2, Oct. 15, 1962, 76 Stat. 956, sub- stituted ‘‘and successors to the Presidency’’ for ‘‘, President-elect, and Vice President’’ in item 871. 1955—Act June 1, 1955, ch. 115, § 2, 69 Stat. 80, inserted ‘‘President-elect, and Vice President’’ in item 871. § 871. Threats against President and successors to the Presidency (a) Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from