[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1956 Introduced in Senate (IS)]







107th CONGRESS
  2D Session
                                S. 1956

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2002

   Mr. Kohl (for himself, Mr. Hatch, Mr. Schumer, and Ms. Cantwell) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To combat terrorism and defend the Nation against terrorist attacks, 
                        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 referred to as the ``Safe Explosives Act''.

 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 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'' at the end;
            (2) by striking subsection (a)(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 
                within the State of residence of the limited permit 
                holder, on more than 6 separate occasions, pursuant to 
                regulations implemented by the Secretary.'';
            (3) 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 premises of 
        the transferor 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 before the period at the end of the first 
        sentence the following: ``, including the names of and 
        appropriate identifying information regarding all employees who 
        will handle 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)''; and
            (3) by striking the third 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 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) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end; 
        and
            (3) by adding at the end the following:
            ``(6) 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; and
            ``(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 6 separate occasions 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. 3. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING EXPLOSIVE 
              MATERIALS.

    (a) Distribution of Explosives.--Section 842(d) of title 18, 
UnitedStates Code, is amended--
            (1) in paragraph (5), by striking ``or'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``or who has been committed to a mental 
        institution;''; and
            (3) by adding at the end the following:
            ``(7) is an alien, other than an alien who is lawfully 
        admitted for permanent residence (as defined in section 101 
        (a)(20) of the Immigration and Nationality Act) or an alien 
        described in subsection (q)(2);
            ``(8) has been discharged from the armed forces under 
        dishonorable conditions; or
            ``(9) having been a citizen of the United States, has 
        renounced the citizenship of that person.''.
    (b) Possession of Explosive Materials.--Section 842(i) of title 18, 
United States Code, is amended--
            (1) in paragraph (3), by striking ``or'' at the end; and
            (2) by inserting after paragraph (4) the following:
            ``(5) who is an alien, other than an alien who is lawfully 
        admitted for permanent residence (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 the citizenship of that person.''.
    (c) Definition.--Section 842 of title 18, United States Code, 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.--Subsections (d)(7) and (i)(5) do not 
        apply to any alien who--
                    ``(A) is in lawful nonimmigrant 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);
                    ``(B) is a foreign law enforcement officer of a 
                friendly foreign government entering the United States 
                on official law enforcement business;
                    ``(C) is a person having the authority to direct or 
                cause the direction of the management and policies of a 
                corporation, partnership, or association licensed 
                pursuant to section 843(a), and the shipping, 
                transporting, possessing, or receiving of explosive 
                materials relates to that authority; or
                    ``(D) is a member of a North Atlantic Treaty 
                Organization (NATO) or other friendly foreign military 
                force (whether or not admitted in a nonimmigrant 
                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 
                nonimmigrant 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 submitted in 
                accordance with subparagraph (A) 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. 4. 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:
    ``(h) Furnishing of Samples.--
            ``(1) In general.--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--
                    ``(A) samples of such explosive materials or 
                ammonium nitrate;
                    ``(B) information on chemical composition of those 
                products; and
                    ``(C) 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.
            ``(2) Reimbursement.--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. 5. DESTRUCTION OF PROPERTY OF INSTITUTIONS RECEIVING FEDERAL 
              FINANCIAL ASSISTANCE.

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

SEC. 6. RELIEF FROM DISABILITIES.

    Section 845(b) of title 18, United States Code, is amended to read 
as follows:
    ``(b) Relief From Disabilities.--
            ``(1) In general.--A person who is prohibited from 
        possessing, shipping, transporting, receiving purchasing, 
        importing, manufacturing, or dealing in explosive materials may 
        make application to the Secretary for relief from the 
        disabilities imposed by Federal law with respect to the 
        acquisition, receipt, transfer, shipment, transportation, or 
        possession of explosive materials, and the Secretary may grant 
        that relief, if it is established to the satisfaction of the 
        Secretary that--
                    ``(A) the circumstances regarding the disability, 
                and the record and reputation of the applicant are such 
                that the applicant will not be likely to act in a 
                manner dangerous to public safety; and
                    ``(B) that the granting of the relief will not be 
                contrary to the public interest.
            ``(2) Petition for judicial review.--Any person whose 
        application for relief from disabilities under this section is 
        denied by the Secretary may file a petition with the United 
        States district court for the district in which that person 
        resides for a judicial review of the denial.
            ``(3) Additional evidence.--The court may, in its 
        discretion, admit additional evidence where failure to do so 
        would result in a miscarriage of justice.
            ``(4) Further operations.--A licensee or permittee who 
        conducts operations under this chapter and makes application 
        for relief from the disabilities under this chapter, shall not 
        be barred by that disability from further operations under the 
        license or permit of that person pending final action on an 
        application for relief filed pursuant to this section.
            ``(5) Notice.--Whenever the Secretary grants relief to any 
        person pursuant to this section, the Secretary shall promptly 
        publish in the Federal Register, notice of that action, 
        together with reasons for that action.''.

SEC. 7. THEFT REPORTING REQUIREMENT.

    Section 842 of title 18, United States Code, as amended by this 
Act, is amended by adding at the end the following:
    ``(r) Theft Reporting Requirement.--
            ``(1) In general.--A holder of a limited user permit who 
        knows that explosive materials have been stolen from that user, 
        shall report the theft to the Secretary not later than 24 hours 
        after the discovery of the theft.
            ``(2) Penalty.--A holder of a limited user permit who does 
        not report a theft in accordance with paragraph (1), shall be 
        fined not more than $10,000, imprisoned not more than 5 years, 
        or both.''.

SEC. 8. APPLICABILITY.

    Nothing in this Act shall be construed to affect the exception in 
section 845(a)(4) (relating to small arms ammunition and components of 
small arms ammunition) or section 845(a)(5) (relating to commercially 
manufactured black powder in quantities not to exceed 50 pounds 
intended to be used solely for sporting, recreational, or cultural 
purposes in antique firearms) of title 18, United States Code.
                                 <all>