[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 85 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                 H. R. 85

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 7, 1997

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, a 
        series of bombings in western New York State, the bombing of 
        the Federal building in Oklahoma City, and the bombing in 
        Centennial Park in Atlanta 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.

SEC. 3. 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 in interstate or 
                foreign commerce; or
                    ``(B) to distribute explosive materials in 
                interstate or foreign commerce 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. 4. 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. 5. 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. 6. 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), (i), (n), and (o) 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. 7. 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. 8. 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.''.
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