Pub. L. 104-132, tit. VI, sec. 605
EXCEPTIONS.
SEC. 605. EXCEPTIONS. Section 845 of title 18, United States Code, is amended— 110 STAT. 1290 (1) in subsection (a)— (A) by inserting “(l), (m), (n), or (o) of section 842 and subsections” after “subsections”; and (B) in paragraph (1), by inserting before the semicolon and which pertain to safety”; and (2) by adding at the end the following new subsection: “(c) It is an affirmative defense against any proceeding involving subsections (1) through (o) of section 842 if the proponent proves by a preponderance of the evidence that the plastic explosive— “(1) consisted of a small amount of plastic explosive intended 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 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 property 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. “(3) For purposes of this subsection, the term ‘military device’ includes, but is not restricted to, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully manufactured exclusively for military or police purposes.”.