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






                                                       Calendar No. 416
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

                             June 13, 2002

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE</DELETED>

<DELETED>    This Act may be referred to as the ``Safe Explosives 
Act''.</DELETED>

<DELETED> SEC. 2. PERMITS FOR PURCHASERS OF EXPLOSIVES.</DELETED>

<DELETED>    (a) Definitions.--Section 841(j) of title 18, United 
States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Permits for Purchase of Explosives.--Section 842 of 
title 18, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(2), by striking ``and'' at 
        the end;</DELETED>
        <DELETED>    (2) by striking subsection (a)(3) and inserting 
        the following:</DELETED>
        <DELETED>    ``(3) other than a licensee or permittee 
        knowingly--</DELETED>
                <DELETED>    ``(A) to transport, ship, cause to be 
                transported, or receive any explosive materials; 
                or</DELETED>
                <DELETED>    ``(B) to distribute explosive materials to 
                any person other than a licensee or permittee; 
                or</DELETED>
        <DELETED>    ``(4) who is a holder of a limited permit--
        </DELETED>
                <DELETED>    ``(A) to transport, ship, cause to be 
                transported, or receive in interstate or foreign 
                commerce any explosive materials; or</DELETED>
                <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (3) by striking subsection (b) and inserting the 
        following:</DELETED>
<DELETED>    ``(b) It shall be unlawful for any licensee or permittee 
knowingly to distribute any explosive materials to any person other 
than--</DELETED>
        <DELETED>    ``(1) a licensee;</DELETED>
        <DELETED>    ``(2) a holder of a user permit; or</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (4) in the first sentence of subsection (f), by 
        inserting ``, other than a holder of a limited permit,'' after 
        ``permittee''.</DELETED>
<DELETED>    (c) Licenses and User Permits.--Section 843(a) of title 
18, United States Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``or limited permit'' after 
        ``user permit'' in the first sentence;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.''.</DELETED>
<DELETED>    (d) Criteria for Approving Licenses and Permits.--Section 
843(b) of title 18, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (4), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (5), by striking the period at 
        the end; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (e) Inspection Authority.--Section 843(f) of title 18, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in the first sentence--</DELETED>
                <DELETED>    (A) by striking ``permittees'' and 
                inserting ``holders of user permits''; and</DELETED>
                <DELETED>    (B) by inserting ``licensees and 
                permittees'' before the words ``shall submit''; 
                and</DELETED>
        <DELETED>    (2) in the second sentence, by striking 
        ``permittee'' the first time it appears and inserting ``holder 
        of a user permit''.</DELETED>
<DELETED>    (f) Posting of Permits.--Section 843(g) of title 18, 
United States Code, is amended by inserting ``user'' before 
``permits''.</DELETED>
<DELETED>    (g) Effective Date.--The amendments made by this section 
shall take effect 180 days after the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 3. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING 
              EXPLOSIVE MATERIALS.</DELETED>

<DELETED>    (a) Distribution of Explosives.--Section 842(d) of title 
18, UnitedStates Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (5), by striking ``or'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (6), by striking the period at 
        the end and inserting ``or who has been committed to a mental 
        institution;''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(8) has been discharged from the armed forces 
        under dishonorable conditions; or</DELETED>
        <DELETED>    ``(9) having been a citizen of the United States, 
        has renounced the citizenship of that person.''.</DELETED>
<DELETED>    (b) Possession of Explosive Materials.--Section 842(i) of 
title 18, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (3), by striking ``or'' at the 
        end; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (4) the 
        following:</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(6) who has been discharged from the armed 
        forces under dishonorable conditions; or</DELETED>
        <DELETED>    ``(7) who, having been a citizen of the United 
        States, has renounced the citizenship of that 
        person.''.</DELETED>
<DELETED>    (c) Definition.--Section 842 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(q) Provisions Relating to Legal Aliens.--</DELETED>
        <DELETED>    ``(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)).</DELETED>
        <DELETED>    ``(2) Exceptions.--Subsections (d)(7) and (i)(5) 
        do not apply to any alien who--</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(B) is a foreign law enforcement officer 
                of a friendly foreign government entering the United 
                States on official law enforcement business;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>
        <DELETED>    ``(3) Waiver.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the individual submits to 
                        the Attorney General a petition that meets the 
                        requirements of subparagraph (C); and</DELETED>
                        <DELETED>    ``(ii) the Attorney General 
                        approves the petition.</DELETED>
                <DELETED>    ``(B) Petition.--Each petition submitted 
                in accordance with subparagraph (A) shall--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) would be in the interests of 
                        justice; and</DELETED>
                        <DELETED>    ``(ii) would not jeopardize the 
                        public safety.''.</DELETED>

<DELETED>SEC. 4. REQUIREMENT TO PROVIDE SAMPLES OF EXPLOSIVE MATERIALS 
              AND AMMONIUM NITRATE.</DELETED>

<DELETED>    Section 843 of title 18, United States Code, is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(h) Furnishing of Samples.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) samples of such explosive materials 
                or ammonium nitrate;</DELETED>
                <DELETED>    ``(B) information on chemical composition 
                of those products; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 5. DESTRUCTION OF PROPERTY OF INSTITUTIONS RECEIVING 
              FEDERAL FINANCIAL ASSISTANCE.</DELETED>

<DELETED>    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,''.</DELETED>

<DELETED>SEC. 6. RELIEF FROM DISABILITIES.</DELETED>

<DELETED>    Section 845(b) of title 18, United States Code, is amended 
to read as follows:</DELETED>
<DELETED>    ``(b) Relief From Disabilities.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) that the granting of the relief will 
                not be contrary to the public interest.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Additional evidence.--The court may, in its 
        discretion, admit additional evidence where failure to do so 
        would result in a miscarriage of justice.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 7. THEFT REPORTING REQUIREMENT.</DELETED>

<DELETED>    Section 842 of title 18, United States Code, as amended by 
this Act, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(r) Theft Reporting Requirement.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 8. APPLICABILITY.</DELETED>

<DELETED>    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.</DELETED>

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 of title 18, United States Code, is 
amended--
            (1) by striking subsection (j) and inserting the following:
            ``(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.''; and
            (2) by adding at the end the following:
            ``(r) `Alien' means any person who is not a citizen or 
        national of the United States.
            ``(s) `Intimate partner' means, with respect to a person, 
        the spouse of the person, a former spouse of the person, an 
        individual who is a parent of a child of the person, and an 
        individual who cohabits or has cohabited with the person.
            ``(t)(1) Except as provided in paragraph (2), `misdemeanor 
        crime of domestic violence' means an offense that--
                    ``(A) is a misdemeanor under Federal or State law; 
                and
                    ``(B) has, as an element, the use or attempted use 
                of physical force, or the threatened use of a deadly 
                weapon, committed by a current or former spouse, 
                parent, or guardian of the victim, by a person with 
                whom the victim shares a child in common, by a person 
                who is cohabiting with or has cohabited with the victim 
                as a spouse, parent, or guardian, or by a person 
                similarly situated to a spouse, parent, or guardian of 
                the victim.
            ``(2) A person shall not be considered to have been 
        convicted of such an offense for purposes of this chapter, 
        unless--
                    ``(A) the person was represented by counsel in the 
                case, or knowingly and intelligently waived the right 
                to counsel in the case; and
                    ``(B) in the case of a prosecution for an offense 
                described in this subsection for which a person was 
                entitled to a jury trial in the jurisdiction in which 
                the case was tried, either--
                            ``(i) the case was tried by a jury; or
                            ``(ii) the person knowingly and 
                        intelligently waived the right to have the case 
                        tried by a jury, by guilty plea or otherwise.
            ``(u) `Responsible person' means an individual who has the 
        power to direct the management and policies of the applicant 
        pertaining to explosive materials.''.
    (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 
                outside the State of residence of the limited permit 
                holder, or on more than 6 separate occasions, during 
                the period of the permit, to receive explosive 
                materials from 1 or more licensees or permittees whose 
                premises are located within the State of residence of 
                the limited permit holder.''; and
            (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.''.
    (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 be authorized by the applicant to possess explosive 
        materials, as well as fingerprints and a photograph of each 
        responsible person''; 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 be 
        authorized by the applicant to possess explosive materials is a 
        person whose possession of explosives would be unlawful under 
        section 842(i); 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) Application Approval.--Section 843(c) of title 18, United 
States Code, is amended by striking ``forty-five days'' and inserting 
``45 days for limited permits and 90 days for licenses and user 
permits,''.
    (f) Inspection Authority.--Section 843(f) of title 18, United 
States Code, is amended in the second sentence, by striking 
``permittee'' the first time it appears and inserting ``holder of a 
user permit''.
    (g) Posting of Permits.--Section 843(g) of title 18, United States 
Code, is amended by inserting ``user'' before ``permits''.
    (h) Background Checks; Clearances.--Section 843 of title 18, United 
States Code, 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).
    ``(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 that--
            ``(i) confirms the determination;
            ``(ii) explains the grounds for the determination;
            ``(iii) provides information on how the disability may be 
        relieved; and
            ``(iv) explains how the determination may be appealed.''.
    (i) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect 180 days after the date of enactment of this Act.
            (2) Exception.--Notwithstanding any provision of this Act, 
        a license or permit issued under section 843 of title 18, 
        United States Code, before the date of enactment of this Act, 
        shall remain valid until that license or permit is revoked 
        under section 843(d) or expires, or until a timely application 
        for renewal is acted upon.

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

    (a) Distribution of Explosives.--Section 842(d) of title 18, United 
States 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--
                    ``(A) is lawfully admitted for permanent residence 
                (as defined in section 101 (a)(20) of the Immigration 
                and Nationality Act); or
                    ``(B) 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), and--
                            ``(i) is a foreign law enforcement officer 
                        of a friendly foreign government entering the 
                        United States on official law enforcement 
                        business, and the shipping, transporting, 
                        possession, or receipt of explosive materials 
                        is in furtherance of this official law 
                        enforcement;
                            ``(ii) 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 the shipping, transporting, 
                        possession, or receipt of explosive materials 
                        is in furtherance of such power;
                            ``(iii) 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 military purpose authorized 
                        by the United States, and the shipping, 
                        transporting, possession, or receipt of 
                        explosive materials is in furtherance of the 
                        military purpose; or
                            ``(iv) is lawfully present in the United 
                        States in cooperation with the Director of the 
                        Central Intelligence Agency;
            ``(8) has been discharged from the armed forces under 
        dishonorable conditions;
            ``(9) having been a citizen of the United States, has 
        renounced the citizenship of that person;
            ``(10) is subject to a court order that--
                    ``(A) was issued after a hearing of which such 
                person received actual notice, and at which such person 
                had an opportunity to participate;
                    ``(B) restrains such person from harassing, 
                stalking, or threatening an intimate partner of such 
                person or child of such intimate partner or person, or 
                engaging in other conduct that would place an intimate 
                partner in reasonable fear of bodily injury to the 
                partner or child; and
                    ``(C)(i) includes a finding that such person 
                represents a credible threat to the physical safety of 
                such intimate partner or child; or
                    ``(ii) by its terms explicitly prohibits the use, 
                attempted use, or threatened use of physical force 
                against such intimate partner or child that would 
                reasonably be expected to cause bodily injury; or
            ``(11) has been convicted in any court of a misdemeanor 
        crime of domestic violence.''.
    (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--
                    ``(A) is lawfully admitted for permanent residence 
                (as that term is defined in section 101(a)(20) of the 
                Immigration and Nationality Act); or
                    ``(B) 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), and--
                            ``(i) is a foreign law enforcement officer 
                        of a friendly foreign government entering the 
                        United States on official law enforcement 
                        business, and the shipping, transporting, 
                        possession, or receipt of explosive materials 
                        is in furtherance of this official law 
                        enforcement;
                            ``(ii) 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 the shipping, transporting, 
                        possession, or receipt of explosive materials 
                        is in furtherance of such power;
                            ``(iii) 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 military purpose authorized 
                        by the United States, and the shipping, 
                        transporting, possession, or receipt of 
                        explosive materials is in furtherance of the 
                        military purpose; or
                            ``(iv) is lawfully present in the United 
                        States in cooperation with the Director of the 
                        Central Intelligence Agency;
            ``(6) who has been discharged from the armed forces under 
        dishonorable conditions;
            ``(7) who, having been a citizen of the United States, has 
        renounced the citizenship of that person;
            ``(8) who is subject to a court order that--
                    ``(A) was issued after a hearing of which such 
                person received actual notice, and at which such person 
                had an opportunity to participate;
                    ``(B) restrains such person from harassing, 
                stalking, or threatening an intimate partner of such 
                person or child of such intimate partner or person, or 
                engaging in other conduct that would place an intimate 
                partner in reasonable fear of bodily injury to the 
                partner or child; and
                    ``(C)(i) includes a finding that such person 
                represents a credible threat to the physical safety of 
                such intimate partner or child; or
                    ``(ii) by its terms explicitly prohibits the use, 
                attempted use, or threatened use of physical force 
                against such intimate partner or child that would 
                reasonably be expected to cause bodily injury; or
            ``(9) who has been convicted in any court of a misdemeanor 
        crime of domestic violence.''.

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

    Section 843 of title 18, United States Code, as amended by this 
Act, is amended by adding at the end the following:
    ``(i) 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 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) Prohibited persons.--
                    ``(A) In general.--Except as provided in paragraph 
                (2), a person who is prohibited from engaging in 
                activity under section 842 may make application to the 
                Secretary for relief from the disabilities imposed by 
                Federal law with respect to a violation of that 
                section, and the Secretary may grant that relief, if 
                the Secretary determines that--
                            ``(i) 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
                            ``(ii) that the granting of the relief will 
                        not be contrary to the public interest.
                    ``(B) 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.
                    ``(C) Additional evidence.--The court may, in its 
                discretion, admit additional evidence where failure to 
                do so would result in a miscarriage of justice.
                    ``(D) 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.
                    ``(E) 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.
            ``(2) Waiver for lawful nonimmigrants.--
                    ``(A) Conditions for waiver.--Any individual who 
                has been admitted to the United States in a lawful 
                nonimmigrant status may receive a waiver from the 
                requirements of subsection (d)(7) or (i)(5) of section 
                842, if--
                            ``(i) the individual submits to the 
                        Secretary a petition that meets the 
                        requirements of subparagraph (C); and
                            ``(ii) the Secretary approves the petition.
                    ``(B) Petition.--Each petition submitted in 
                accordance with this subsection 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 
                        (d)(7) or (i)(5) of section 842, otherwise be 
                        prohibited from such an acquisition under that 
                        subsection (d) or (i).
                    ``(C) Approval of petition.--The Secretary may 
                approve a petition submitted in accordance with this 
                paragraph if the Secretary determines that waiving the 
                requirements of subsection (d)(7) or (i)(5) of section 
                842 with respect to the petitioner--
                            ``(i) would not jeopardize the public 
                        safety; and
                            ``(ii) will not be contrary to the public 
                        interest.''.

SEC. 7. THEFT REPORTING REQUIREMENT.

    Section 844 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(p) Theft Reporting Requirement.--
            ``(1) In general.--A holder of a license, user permit, or 
        limited user permit who knows that explosive materials have 
        been stolen from that licensee, user permittee, or limited user 
        permittee, shall report the theft to the Secretary not later 
        than 24 hours after the discovery of the theft.
            ``(2) Penalty.--A holder of a license, user permit, or 
        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.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as necessary to 
carry out this Act and the amendments made by this Act.




                                                       Calendar No. 416

107th CONGRESS

  2d Session

                                S. 1956

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 13, 2002

                       Reported with an amendment