[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4864 Reported in House (RH)]

                                                 Union Calendar No. 405
107th CONGRESS
  2d Session
                                H. R. 4864

                          [Report No. 107-658]

 To combat terrorism and defend the Nation against terrorist acts, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2002

 Mr. Sensenbrenner (for himself, Mr. Conyers, and Mr. Smith of Texas) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

                           September 17, 2002

 Additional sponsors: Mr. Pence, Mr. Keller, Mr. Schiff, Mr. Gallegly, 
  Ms. Baldwin, Mr. Green of Wisconsin, and Mrs. Johnson of Connecticut

                           September 17, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on June 5, 
                                 2002]

_______________________________________________________________________

                                 A BILL


 
 To combat terrorism and defend the Nation against terrorist acts, 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 Act of 
2002''.

SEC. 2. 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 a user permit or a limited permit 
        under this chapter.''.
    (b) Permits for Purchase of Explosives.--Section 842 of such title 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``and''; and
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(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 in the 
                State of residence of the holder, except that the 
                holder of a limited permit may so receive explosive 
                materials on 4 or fewer occasions pursuant to 
                regulations prescribed by the Secretary.''; and
            (2) by striking subsection (b) and inserting the following:
    ``(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.''.
    (c) Licenses and User Permits.--Section 843(a) of such title is 
amended--
            (1) in the 1st sentence--
                    (A) by inserting ``or limited permit'' after ``user 
                permit''; and
                    (B) by inserting ``, including the names of and 
                appropriate identifying information regarding all 
                employees who will be authorized by the employer to 
                possess explosive materials, as well as fingerprints 
                and a photograph of each responsible person with 
                respect to the applicant. In this section, the term 
                `responsible person' means, with respect to an 
                applicant, an individual who has the power to direct 
                the management and policies of the applicant pertaining 
                to explosive materials'' before the period; and
            (2) by striking the 3rd sentence and inserting ``Each 
        license or user permit shall be valid for no longer than 3 
        years from the date of issuance, and each limited permit shall 
        be valid for no longer than 1 year from the 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 (except that, in the case of the renewal of a 
        limited permit, the verification requirement of subsection 
        (b)(5) may be satisfied by inspection or such other means as 
        the Secretary deems appropriate) and upon payment of a renewal 
        fee not to exceed \1/2\ of the original fee.''.
    (d) Criteria for Approving Licenses and Permits.--Section 843(b) of 
such title is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) the applicant (or, if the applicant is a corporation, 
        partnership, or association, each responsible person with 
        respect to the applicant) is not a person who is prohibited 
        from receiving, distributing, transporting, or possessing 
        explosive materials under subsection (d) or (i) of section 
        842;'';
            (2) by redesignating paragraphs (2) through (5) as 
        paragraphs (3) through (6), respectively, and inserting after 
        paragraph (1) the following:
            ``(2) none of the employees who will be authorized by the 
        applicant to 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);'';
            (3) in paragraph (5) (as so redesignated)--
                    (A) by inserting ``the Secretary has verified by 
                inspection that'' before ``the applicant''; and
                    (B) by striking ``and'' at the end;
            (4) by striking the period at the end of paragraph (6) (as 
        so redesignated) and inserting ``; and''; and
            (5) by adding at the end the following:
            ``(7) in the case of a limited permit, the applicant has 
        certified in writing that the applicant will not receive 
        explosive materials on more than 4 different occasions during 
        any 12-month period in which a limited permit issued to the 
        applicant is in effect.''.
    (e) Deadline for Approval or Denial of Application.--Section 843(c) 
of such title is amended by striking ``a period of forty-five days 
beginning on the date such'' and inserting ``90 days after the''.
    (f) Inspection Authority.--Section 843(f) of such title is 
amended--
            (1) in the 1st sentence--
                    (A) by striking ``permittees'' and inserting 
                ``holders of user permits''; and
                    (B) by inserting ``licensees and permittees'' 
                before ``shall submit''; and
            (2) in the 2nd sentence, by striking ``permittee'' the 
        first place it appears and inserting ``holder of a user 
        permit''.
    (g) Posting of Permits.--Section 843(g) of such title is amended by 
inserting ``user'' before ``permits''.
    (h) Background Checks; Clearances.--Section 843 of such title is 
amended by adding at the end the following:
    ``(h)(1) If the Secretary receives from an employer the name and 
other identifying information with respect to a responsible person or 
an employee who will be authorized by the employer to possess explosive 
materials in the course of employment with the employer, the Secretary 
shall determine whether possession of explosives by the responsible 
person or the employee, as the case may be, would be unlawful under 
section 842(i). In making the determination, the Secretary may take 
into account a letter or document issued under paragraph (2) of this 
subsection.
    ``(2)(A) If the Secretary determines that possession of explosives 
by the responsible person or the employee would not be unlawful under 
section 842(i), the Secretary shall notify the employer in writing or 
electronically of the determination and issue to the responsible person 
or the employee, as the case may be, a letter of clearance which 
confirms the determination.
    ``(B) If the Secretary determines that possession of explosives by 
the responsible person or the employee would be unlawful under section 
842(i), the Secretary shall notify the employer in writing or 
electronically of the determination and issue to the responsible person 
or the employee, as the case may be, a document which confirms the 
determination, explains the grounds for the determination, provides 
information on how the disability may be relieved, and explains how the 
determination may be appealed.''.
    (i) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of enactment of this Act.
    (j) Electronic Records.--Not later than one year after the 
effective date of this Act, the Secretary of the Treasury shall 
maintain an electronic record of each license, user permit, or limit 
permit issued or renewed under section 843 of title 18, United States 
Code, on or after one year after the effective date of this Act.

SEC. 3. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING EXPLOSIVE 
              MATERIALS.

    (a) Distribution of Explosive Materials.--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 has been committed to a mental institution;''; 
        and
            (3) by adding at the end the following:
            ``(7) is an alien, other than a lawful permanent resident 
        alien (as defined in section 101(a)(20) of the Immigration and 
        Nationality Act) or an alien described in subsection (q)(2) of 
        this section;
            ``(8) has been discharged from the Armed Forces under 
        dishonorable conditions; or
            ``(9) having been a citizen of the United States, has 
        renounced his citizenship.''.
    (b) Possession of Explosives.--Section 842(i) of such title is 
amended--
            (1) by striking ``or'' at the end of paragraph (3); and
            (2) by inserting after paragraph (4) the following:
            ``(5) who, is an alien, other than a lawful permanent 
        resident alien (as 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) Provisions Relating to Legal Aliens.--Section 842 of such title 
is amended by adding at the end the following:
    ``(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.--An alien is described in this paragraph 
        if the alien--
                    ``(A) is--
                            ``(i) in lawful nonimmigrant status;
                            ``(ii) a refugee admitted under section 207 
                        of the Immigration and Nationality Act (8 
                        U.S.C. 1157); or
                            ``(iii) in asylum status under section 208 
                        of the Immigration and Nationality Act (8 
                        U.S.C. 1158); and
                    ``(B) is--
                            ``(i) a law enforcement officer of a 
                        foreign country designated in writing by the 
                        Attorney General as a country covered by this 
                        subparagraph, and is entering the United States 
                        on official law enforcement business;
                            ``(ii) a person having the authority to 
                        direct or cause the direction of the management 
                        and policies of a corporation, partnership, or 
                        association licensed under section 843(a), and 
                        shipping, transporting, possessing or receiving 
                        explosive materials relates to the authority; 
                        or
                            ``(iii) a member of the armed forces of a 
                        foreign country that is a member of the North 
                        Atlantic Treaty Organization, Australia, New 
                        Zealand, Japan, Republic of Korea, or other 
                        foreign country designated in writing by the 
                        Attorney General, after consultation with the 
                        Secretary of Defense, as a country covered by 
                        this subparagraph (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;
                            ``(iv) lawfully present in the United 
                        States in cooperation with the Director of 
                        Central Intelligence, and the shipment, 
                        transportation, receipt, or possession of the 
                        explosive materials is in furtherance of such 
                        cooperation.''.
    (d) Expansion of Authority to Provide Relief From Disabilities.--
Section 845(b) of such title is amended--
            (1) by striking ``had been indicted for or convicted of a 
        crime punishable by imprisonment for a term exceeding one 
        year'' and inserting ``is prohibited from shipping, 
        transporting, receiving, or possessing any explosive'';
            (2) by striking ``of such indictment or conviction'' and 
        inserting ``of the applicable provision of section 842(i)'';
            (3) by striking ``the indictment or conviction'' and 
        inserting ``the applicability of such provision'';
            (4) by striking ``of indictment or conviction'' and 
        inserting ``of such applicability''; and
            (5) by striking ``by such indictment or conviction'' and 
        inserting ``by such applicability''.

SEC. 4. REQUIREMENT TO PROVIDE SAMPLES OF EXPLOSIVE MATERIALS AND 
              AMMONIUM NITRATE.

    Section 843 of title 18, United States Code, is further amended by 
adding at the end the following:
    ``(i) A person who manufactures or imports explosive materials or 
ammonium nitrate shall, as required by letter issued by the Secretary, 
furnish samples of the explosive materials or ammonium nitrate, 
information on chemical composition of the explosive materials or 
ammonium nitrate, and any other information that the Secretary 
determines is relevant to the identification of the explosive materials 
or to identification of the ammonium nitrate. The Secretary shall, by 
regulation, provide for the reimbursement of the fair market value of 
samples furnished pursuant to this subsection, as well as the 
reasonable costs of shipment.''.

SEC. 5. 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 ``shall''.




                                                 Union Calendar No. 405

107th CONGRESS

  2d Session

                               H. R. 4864

                          [Report No. 107-658]

_______________________________________________________________________

                                 A BILL

 To combat terrorism and defend the Nation against terrorist acts, and 
                          for other purposes.

_______________________________________________________________________

                           September 17, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed