[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3091 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3091

   To combat terrorism and defend the Nation against terrorist acts 
involving the illegal acquisition of explosives by dangerous criminals, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 11, 2001

 Mr. Blagojevich introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To combat terrorism and defend the Nation against terrorist acts 
involving the illegal acquisition of explosives by dangerous criminals, 
                        and for other purposes.

    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 ``Anti-Terrorism Explosives Control 
Act of 2001''.

             TITLE IV--ADDITIONAL LAW ENFORCEMENT AUTHORITY

SEC. 402. PERMITS FOR PURCHASERS OF EXPLOSIVES.

    (a) Definitions.--Section 841(j) of title 18, United States Code, 
is amended to read as follows:
    ``(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.''
    (b) Permits for Purchase of Explosives.--Section 842 of title 18, 
United States Code, is amended--
            (1) in subsection (a)(2), by striking ``and'';
            (2) by striking subsection (a)(3) and inserting new 
        subsections (a)(3) and (a)(4) to read as follows:
            ``(3) other than a licensee or permittee knowingly--
                    ``(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; or
            ``(4) who is a holder of a limited permit--
                    ``(A) to transport, ship, cause to be transported, 
                or receive in interstate or foreign commerce any 
                explosive materials; or
                    ``(B) to receive explosive materials from a 
                licensee or permittee whose premises are located within 
                the holder's State of residence on more than four 
                occasions different from one another, pursuant to 
                regulations implemented by the Secretary.'';
            (3) by amending subsection (b) to read as follows:
    ``(b) It shall be unlawful for any licensee or permittee knowingly 
to distribute any explosive materials to any person other than
            ``(1) a licensee;
            ``(2) a holder of a user permit; or
            ``(3) a holder of a limited permit who is a resident of the 
        State where distribution is made and in which the transferor's 
        premises are located.''; and
            (4) in the first sentence of subsection (f), by inserting 
        ``, other than a holder of a limited permit,'' after 
        ``permittee''.
    (c) Licenses and User Permits.--Section 843(a) of title 18, United 
States Code, is amended--
            (1) by inserting ``or limited permit'' after ``user 
        permit'' in the first sentence;
            (2) by inserting ``, including the names of and appropriate 
        identifying information regarding all employees who will 
        possess explosive materials, as well as fingerprints and a 
        photograph of the applicant (including, in the case of a 
        corporation, partnership, or association, any individual 
        possessing, directly or indirectly, the power to direct or 
        cause the direction of the management and policies of the 
        corporation, partnership, or association)'' before the period 
        at the end of the first sentence; and
            (3) by striking the third sentence and inserting ``Each 
        license or user permit shall be valid for no longer than three 
        years from date of issuance and each limited permit shall be 
        valid for no longer than one year from date of issuance. Each 
        license or permit shall be renewable upon the same conditions 
        and subject to the same restrictions as the original license or 
        permit and upon payment of a renewal fee not to exceed one-half 
        of the original fee.''.
    (d) Criteria for Approving Licenses and Permits.--Section 843(b) of 
title 18, United States Code, is amended--
            (1) by redesignating paragraphs (2), (3), (4), and (5), as 
        paragraphs (3), (4), (5), and (6), respectively, and inserting 
        a new paragraph (2) to read as follows:
            ``(2) none of the employees of the applicant who will 
        possess explosive materials in the course of their employment 
        with the applicant is a person whose possession of explosives 
        would be unlawful under section 842(i) of this chapter;'';
            (2) by striking the word ``and'' at the end of paragraph 
        (5), as redesignated;
            (3) by striking the period at the end of paragraph (6), as 
        redesignated, and inserting ``; and''; and
            (4) by adding a new paragraph (7) to read as follows:
            ``(7) in the case of a limited permit, the applicant has 
        certified in writing that he or she will not receive explosive 
        materials on more than four occasions different from one 
        another during the 12-month period for which the limited permit 
        is valid.''.
    (e) Inspection Authority.--Section 843(f) of title 18, United 
States Code, is amended--
            (1) in the first sentence--
                    (A) by striking ``permittees'' and inserting 
                ``holders of user permits'', and
                    (B) by inserting ``licensees and permittees'' 
                before the words ``shall submit''; and
            (2) in the second sentence, by striking ``permittee'' the 
        first time it appears and inserting ``holder of a user 
        permit''.
    (f) Posting of Permits.--Section 843(g) of title 18, United States 
Code, is amended by inserting ``user'' before ``permits''.
    (g) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of enactment of this Act.

SEC. 403. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING EXPLOSIVE 
              MATERIALS.

    (a) Distribution of Explosives.--Section 842(d) of title 18, United 
States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting `` or who has been committed to a mental 
        institution;''; and
            (3) by adding at the end the following new paragraphs:
            ``(7) is an alien, other than a lawful permanent resident 
        alien (as that term is defined in section 101(a)(20) of the 
        Immigration and Nationality Act) or an alien described in 
        subsection (q)(2);
            ``(8) who has been discharged from the Armed Forces under 
        dishonorable conditions; or
            ``(9) who, having been a citizen of the United States, has 
        renounced his citizenship.''.
    (b) Possession of Explosive Materials.--Section 842(i) of title 18, 
United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (3);
            (2) by inserting after paragraph (4) the following new 
        paragraphs:
            ``(5) who, is an alien, other than a lawful permanent 
        resident alien (as that term is defined in section 101(a)(20) 
        of the Immigration and Nationality Act) or an alien described 
        in subsection (q)(2);
            ``(6) who has been discharged from the Armed Forces under 
        dishonorable conditions; or
            ``(7) who, having been a citizen of the United States, has 
        renounced his citizenship.''.
    (c) Definition.--Section 842 of title 18, United States Code, is 
amended by adding at the end a new subsection (q) as follows:
    ``(q) Provisions Relating to Legal Aliens.--
            ``(1) Definition.--In this subsection, the term `alien' has 
        the same meaning as in section 101(a)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(3)).
            ``(2) Exceptions.--Sections (d)(7) and (i)(5) do not apply 
        to any alien who is in lawful non-immigrant status, is a 
        refugee admitted under section 207 of the Immigration and 
        Nationality Act (8 U.S.C. 1157), or is in asylum status under 
        section 208 of the Immigration and Nationality Act (8 U.S.C. 
        1158), and
                    ``(A) is a foreign law enforcement officer of a 
                friendly foreign government entering the United States 
                on official law enforcement business;
                    ``(B) is a person having the power to direct or 
                cause the direction of the management and policies of a 
                corporation, partnership, or association licensed 
                pursuant to section 843(a), and shipping, transporting, 
                possessing, or receiving explosive materials related to 
                such authority; or
                    ``(C) is a member of a NATO or other friendly 
                foreign military force (whether or not admitted in a 
                non-immigrant status) who is present in the United 
                States under military orders for training or other 
                authorized purpose, and the shipping, transporting, 
                possessing, or receiving explosive materials is in 
                furtherance of the military purpose.''.
            ``(3) Waiver.--
                    ``(A) Conditions for waiver.--Any individual who 
                has been admitted to the United States under a non-
                immigrant visa may receive a waiver from the 
                requirements of subsection (i)(5) if:
                            ``(i) the individual submits to the 
                        Attorney General a petition that meets the 
                        requirements of subparagraph (C); and
                            ``(ii) the Attorney General approves the 
                        petition.
                    ``(B) Petition.--Each petition under subparagraph 
                (B) shall--
                            ``(i) demonstrate that the petitioner has 
                        resided in the United States for a continuous 
                        period of not less than 180 days before the 
                        date on which the petition is submitted under 
                        this paragraph; and
                            ``(ii) include a written statement from the 
                        embassy or consulate of the petitioner, 
                        authorizing the petitioner to acquire 
                        explosives and certifying that the alien would 
                        not, absent the application of subsection 
                        (i)(5), otherwise be prohibited from such an 
                        acquisition under subsection (i).
                    ``(C) Approval of petition.--The Attorney General 
                shall approve a petition submitted in accordance with 
                this paragraph if the Attorney General determines that 
                waiving the requirements of subsection (i)(5), with 
                respect to the petitioner--
                            ``(i) would be in the interests of justice; 
                        and
                            ``(ii) would not jeopardize the public 
                        safety.''.

SEC. 404. REQUIREMENT TO PROVIDE SAMPLES OF EXPLOSIVE MATERIALS AND 
              AMMONIUM NITRATE.

    Section 843 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h) Licensed manufacturers and licensed importers and persons who 
manufacture or import explosive materials or ammonium nitrate shall, 
when required by letter issued by the Secretary, furnish samples of 
such explosive materials or ammonium nitrate, information on chemical 
composition of such products, and any other information that the 
Secretary determines is relevant to the identification and 
classification of the explosive materials or to identification of the 
ammonium nitrate. The Secretary may, by regulation, authorize 
reimbursement of the fair market value of samples furnished pursuant to 
this subsection, as well as the reasonable costs of shipment.''.

SEC. 405. DESTRUCTION OF PROPERTY OF INSTITUTIONS RECEIVING FEDERAL 
              FINANCIAL ASSISTANCE.

    Section 844(f)(1) of title 18, United States Code, is amended by 
inserting ``or any institution or organization receiving Federal 
financial assistance,'' before the word ``shall''.
                                 <all>