[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 641 Introduced in Senate (IS)]

  1st Session
                                 S. 641

   To amend section 842 of title 18, United States Code, relating to 
                          explosive materials.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2001

Mr. Torricelli introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend section 842 of title 18, United States Code, relating to 
                          explosive materials.

    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 ``Explosives Protection Act of 2001''.

SEC. 2. PROHIBITIONS RELATING TO EXPLOSIVE MATERIALS.

    (a) Prohibition of Sale, Delivery, or Transfer of Explosive 
Materials to Certain Individuals.--Section 842 of title 18, United 
States Code, is amended by striking subsection (d) and inserting the 
following:
    ``(d) Prohibition of Sale, Delivery, or Transfer of Explosive 
Materials to Certain Individuals.--It shall be unlawful for any 
licensee to knowingly sell, deliver, or transfer any explosive 
materials to any individual who--
            ``(1) is less than 21 years of age;
            ``(2) is under indictment for, or has been convicted in any 
        court of, a crime punishable by imprisonment for a term 
        exceeding 1 year;
            ``(3) is a fugitive from justice;
            ``(4) is an unlawful user of or addicted to any controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802));
            ``(5) has been adjudicated as a mental defective or has 
        been committed to any mental institution;
            ``(6) being an alien--
                    ``(A) is illegally or unlawfully in the United 
                States; or
                    ``(B) except as provided in section 845(d), has 
                been admitted to the United States under a nonimmigrant 
                visa (as that term is defined in section 101(a)(26) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26));
            ``(7) has been discharged from the Armed Forces under 
        dishonorable conditions;
            ``(8) having been a citizen of the United States, has 
        renounced his citizenship;
            ``(9) is subject to a court order that 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, except that this paragraph shall only apply 
        to a court order that--
                    ``(A) was issued after a hearing of which such 
                person received actual notice, and at which such person 
                had the opportunity to participate; and
                    ``(B)(i) includes a finding that such person 
                represents a credible threat to the physical safety of 
                such intimate partner or child; and
                    ``(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
            ``(10) has been convicted in any court of a misdemeanor 
        crime of domestic violence.''.
    (b) Prohibition on Shipping, Transporting, Possession, or Receipt 
of Explosives by Certain Individuals.--Section 842 of title 18, United 
States Code, is amended by striking subsection (i) and inserting the 
following:
    ``(i) Prohibition on Shipping, Transporting, Possession, or Receipt 
of Explosives by Certain Individuals.--It shall be unlawful for any 
person to ship or transport in interstate or foreign commerce, or 
possess, in or affecting commerce, any explosive, or to receive any 
explosive that has been shipped or transported in interstate or foreign 
commerce, if that person--
            ``(1) is less than 21 years of age;
            ``(2) has been convicted in any court, of a crime 
        punishable by imprisonment for a term exceeding 1 year;
            ``(3) is a fugitive from justice;
            ``(4) is an unlawful user of or addicted to any controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802));
            ``(5) has been adjudicated as a mental defective or who has 
        been committed to a mental institution;
            ``(6) being an alien--
                    ``(A) is illegally or unlawfully in the United 
                States; or
                    ``(B) except as provided in section 845(d), has 
                been admitted to the United States under a nonimmigrant 
                visa (as that term is defined in section 101(a)(26) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26));
            ``(7) has been discharged from the Armed Forces under 
        dishonorable conditions;
            ``(8) having been a citizen of the United States, has 
        renounced his citizenship; or
            ``(9) 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; and
                    ``(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
            ``(10) has been convicted in any court of a misdemeanor 
        crime of domestic violence.''.
    (c) Exceptions and Waiver for Certain Individuals.--Section 845 of 
title 18, United States Code, is amended by adding at the end the 
following:
    ``(d) Exceptions and Waiver for Certain Individuals.--
            ``(1) Definitions.--In this subsection--
                    ``(A) 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)); and
                    ``(B) the term `nonimmigrant visa' has the same 
                meaning as in section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)).
            ``(2) Exceptions.--Subsections (d)(5)(B) and (i)(5)(B) of 
        section 842 do not apply to any alien who has been lawfully 
        admitted to the United States pursuant to a nonimmigrant visa, 
        if that alien is--
                    ``(A) admitted to the United States for lawful 
                hunting or sporting purposes;
                    ``(B) a foreign military personnel on official 
                assignment to the United States;
                    ``(C) an official of a foreign government or a 
                distinguished foreign visitor who has been so 
                designated by the Department of State; or
                    ``(D) a foreign law enforcement officer of a 
                friendly foreign government entering the United States 
                on official law enforcement business.
            ``(3) Waiver.--
                    ``(A) In general.--Any individual who has been 
                admitted to the United States under a nonimmigrant visa 
                and who is not described in paragraph (2), may receive 
                a waiver from the applicability of subsection (d)(5)(B) 
                or (i)(5)(B) of section 842, if--
                            ``(i) the individual submits to the 
                        Attorney General a petition that meets the 
                        requirements of subparagraph (B); and
                            ``(ii) the Attorney General approves the 
                        petition.
                    ``(B) Petitions.--Each petition under subparagraph 
                (A)(i) 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 engage in any 
                        activity prohibited under subsection (d) or (i) 
                        of section 842, as applicable, and certifying 
                        that the petitioner would not otherwise be 
                        prohibited from engaging in that activity under 
                        subsection (d) or (i) of section 842, as 
                        applicable.''.
                                 <all>