[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 43 Introduced in House (IH)]

  1st Session
                                 H. R. 43

To improve the regulation of explosives and explosive materials, and to 
 prevent the use of explosives against persons and the unlawful use of 
                      explosives against property.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

Ms. Slaughter introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To improve the regulation of explosives and explosive materials, and to 
 prevent the use of explosives against persons and the unlawful use of 
                      explosives against property.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bombing Prevention Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the number of criminal bombing incidents in the United 
        States has doubled since 1988;
            (2) each year, hundreds of millions of pounds of explosives 
        are purchased without a permit being required;
            (3) about one-third of the bombs used in crime in recent 
        years have contained black powder or smokeless powder as 
        filler;
            (4) the terrorist bombing of the World Trade Center and Pan 
        Am Flight 103 and a series of bombings in western New York 
        State demonstrate the grave dangers of bomb attacks;
            (5) effective regulation of interstate commerce in 
        explosives is possible only with changes in the regulatory 
        framework;
            (6) explosive materials, by their nature, are composed of 
        numerous different substances, many of which have travelled in 
        interstate or foreign commerce; and
            (7) the protection of the safety and property of the 
        citizenry, including the infrastructure vital to the conduct of 
        interstate and foreign commerce, requires more careful 
        regulation of explosives transactions.

                        TITLE I--GENERAL REFORMS

SEC. 101. PERMITS FOR PURCHASE OF EXPLOSIVES.

    (a) In General.--Section 842 of title 18, United States Code, is 
amended--
            (1) by amending subparagraphs (A) and (B) of subsection 
        (a)(3) to read as follows:
                    ``(A) to transport, ship, cause to be transported, 
                or receive any explosive materials; or
                    ``(B) to distribute explosive materials to any 
                person other than a licensee or permittee.''; and
            (2) in subsection (b)--
                    (A) by adding ``or'' at the end of paragraph (1);
                    (B) by striking ``; or'' at the end of paragraph 
                (2) and inserting a period; and
                    (C) by striking paragraph (3).
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to conduct engaged in after the 18-month period that begins with 
the date of the enactment of this Act.
    (c) Regulations.--
            (1) In general.--Not later than 6 months after the date of 
        the enactment of this Act, the Secretary of the Treasury shall 
        issue final regulations with respect to the amendments made by 
        subsection (a), which shall take effect 18 months after such 
        date of enactment.
            (2) Notice to states.--On the issuance of regulations 
        pursuant to paragraph (1), the Secretary of the Treasury shall 
        notify the States of the regulations so that the States may 
        consider revising their explosives laws.

SEC. 102. LICENSES AND USER PERMITS.

    Section 843(a) of title 18, United States Code, is amended--
            (1) by inserting ``, including fingerprints and a 
        photograph of the applicant'' before the period at the end of 
        the 1st sentence; and
            (2) by striking the 2nd sentence and inserting the 
        following: ``Each applicant for a license shall pay for each 
        license a fee established by the Secretary that shall not 
        exceed $300. Each applicant for a permit shall pay for each 
        permit a fee established by the Secretary that shall not exceed 
        $100.''.

SEC. 103. USE OF NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM TO 
              INVESTIGATE APPLICANTS FOR LICENSES AND PERMITS.

    The Secretary of the Treasury may use the national instant criminal 
background check system established under section 103 of the Brady 
Handgun Violence Prevention Act to investigate each applicant for a 
license or permit under chapter 40 of title 18, United States Code.

SEC. 104. REQUIREMENTS FOR PURCHASES OF BLACK POWDER AND SMOKELESS 
              POWDER.

    (a) In General.--Section 845 of title 18, United States Code, is 
amended--
            (1) in subsection (a)(4), by striking ``and components 
        thereof'';
            (2) in subsection (a)(5), by striking ``commercially 
        manufactured black powder in quantities not to exceed fifty 
        pounds,''; and
            (3) by adding at the end the following:
    ``(c) Except in the case of section 842(f), and subsections (d), 
(e), (f), (g), (h), and (i) of section 844, this chapter shall not 
apply to commercially manufactured black powder or smokeless powder in 
quantities not to exceed 5 pounds.''.
    (b) Conforming Amendment.--Section 926 of such title is amended by 
striking subsection (c).

SEC. 105. ENHANCED PENALTIES.

    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall promulgate 
amendments to the sentencing guidelines to appropriately enhance the 
penalties for a violation of any provision of chapter 40 of title 18, 
United States Code, the penalties for which are not as severe as the 
penalties for a comparable violation of chapter 44 of such title 18, so 
that the penalties for the violation of the provision of such chapter 
40 are the same as the penalties for a comparable violation of such 
chapter 44.

SEC. 106. DESTRUCTION OF SEIZED EXPLOSIVES THAT ARE UNSAFE.

    Section 844(c) of title 18, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding after and below the end the following:
    ``(2) Notwithstanding paragraph (1), in the case of the seizure of 
any explosive materials for any offense for which the materials would 
be subject to forfeiture in which it would be impracticable or unsafe 
to remove the materials to a place of storage or would be unsafe to 
store them, the seizing officer may destroy the explosive materials 
forthwith. Any destruction under this paragraph shall be in the 
presence of at least 1 credible witness. The seizing officer shall make 
a report of the seizure and take such samples as the Secretary may by 
regulation prescribe.
    ``(3) Within 60 days after any destruction of property pursuant to 
paragraph (2), the owner of (including any person having an interest 
in) the property may apply to the Secretary for reimbursement of an 
amount equal to the fair market value of the property. If the claimant 
establishes to the satisfaction of the Secretary that the seizure was 
wrongful, the Secretary shall make an allowance to the claimant not 
exceeding the fair market value of the property destroyed.''.

SEC. 107. FORFEITURE OF INSTRUMENTALITIES OF EXPLOSIVES OFFENSES.

    (a) Civil Forfeiture.--Section 981(a)(1) of title 18, United States 
Code, is amended by adding at the end the following:
            ``(G) Any property, real or personal, involved in a 
        violation of chapter 40 (relating to importation, manufacture, 
        distribution, and storage of explosive materials), or in a 
        conspiracy to commit such a violation, and any other property 
        traceable to such property.''.
    (b) Criminal Forfeiture.--Section 982(a) of such title is amended 
by inserting the following:
    ``(6) The court, in imposing a sentence on a person convicted of a 
violation of chapter 40 or of conspiring to commit such a violation, 
shall order the person to forfeit to the United States any property, 
real or personal, involved in the violation or in the conspiracy, and 
any other property traceable to such property.''.

                      TITLE II--PLASTIC EXPLOSIVES

SEC. 201. DEFINITIONS.

    Section 841 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(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 March 1, 1991.
    ``(p) `Detection agent' means any substance specified or referred 
to in this subsection if 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>2H<INF>4(NO<INF>3)<INF>2, 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>6H<INF>12(NO<INF>2)<INF>2, molecular weight 176, when the 
        minimum concentration in the finished explosive is 0.1 percent 
        by mass;
            ``(3) Para-Mononitrotoluene (p-MNT), 
        C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the minimum 
        concentration in the finished explosive is 0.5 percent by mass;
            ``(4) Ortho-Mononitrotoluene (o-MNT), 
        C<INF>7H<INF>7NO<INF>2, 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, which 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 1 or more high explosives which 
in their pure form have a vapor pressure less than 10<SUP>-4 Pascals at 
a temperature of 25 deg. Celsius, is formulated with a binder material, 
and is as a mixture malleable or flexible at normal room 
temperature.''.

SEC. 202. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.

    Section 842 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(l) It shall be unlawful for any person to manufacture any 
plastic explosive which does not contain a detection agent.
    ``(m)(1) It shall be unlawful for any person to import or bring 
into the United States, or export from the United States, any plastic 
explosive which does not contain a detection agent.
    ``(2) Paragraph (1) shall not apply to the importation or bringing 
into the United States, or the exportation from the United States, of 
any plastic explosive which was imported, brought into, or manufactured 
in the United States before the effective date of this subsection by or 
on behalf of any agency of the United States performing military or 
police functions (including any military reserve component) or acting 
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 Explosives, with respect to the United States.
    ``(n)(1) It shall be unlawful for any person to ship, transport, 
transfer, receive, or possess any plastic explosive which does not 
contain a detection agent.
    ``(2) Paragraph (1) shall not apply to--
            ``(A) the shipment, transportation, transfer, receipt, or 
        possession of any plastic explosive which was imported, brought 
        into, or manufactured in the United States before the effective 
        date of this subsection by any person during a period not 
        exceeding 3 years after such effective date; or
            ``(B) the shipment, transportation, transfer, receipt, or 
        possession of any plastic explosive, which was imported, 
        brought into, or manufactured in the United States before the 
        effective date of this subsection by or on behalf of any agency 
        of the United States performing a military or police function 
        (including 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 Explosives, 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 reserve component) or the 
National Guard of any State, possessing 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 importer, 
any marks of identification on such explosives, and such other 
information as the Secretary may by regulations 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 ``subsections''; 
                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 proceeding 
involving subsection (l), (m), (n), or (o) of section 842 if the 
defendant proves by a preponderance of the evidence that the plastic 
explosive--
            ``(A) consisted of a small amount of plastic explosive 
        intended for and utilized solely in lawful--
                    ``(i) research, development, or testing of new or 
                modified explosive materials;
                    ``(ii) training in explosives detection or 
                development 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 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.
    ``(2) For purposes of paragraph (1), the term `military device' 
includes shells, bombs, projectiles, mines, missiles, rockets, shaped 
charges, grenades, perforators, and similar devices lawfully 
manufactured exclusively for military 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 ``subsection (m) or 
        (n) of section 842 or'' before ``subsection''; 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 
primary 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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