[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 739 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 739

   To require imported explosives to be marked in the same manner as 
                 domestically manufactured explosives.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 7, 2005

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

_______________________________________________________________________

                                 A BILL


 
   To require imported explosives to be marked in the same manner as 
                 domestically manufactured explosives.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. IDENTIFICATION OF EXPLOSIVE MATERIALS.

    (a) In General.--Section 842 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(q) Identification of Explosive Materials.--
            ``(1) In general.--It shall be unlawful for any person to 
        manufacture or import explosive materials for sale or 
        distribution unless the explosive materials are legibly 
        identified by marking in accordance with this subsection.
            ``(2) Type and placement of marking.--The marks required 
        under this subsection shall--
                    ``(A) identify the name of the manufacturer;
                    ``(B) identify the location, date, and shift of 
                manufacture;
                    ``(C) be placed on each cartridge, bag, or other 
                immediate container of explosive materials manufactured 
                for sale or distribution; and
                    ``(D) be placed on the outside container, if any, 
                used for the packaging of explosive materials 
                manufactured for sale or distribution.
            ``(3) Exceptions.--
                    ``(A) Detonators.--Licensed manufacturers or 
                importers of detonators are only required to place the 
                identification marks prescribed in paragraph (2) on the 
                containers used for the packaging of detonators.
                    ``(B) Authorization of alternative 
                identification.--The Attorney General may authorize a 
                licensed manufacturer or importer to identify explosive 
                materials in a different manner than the manner 
                prescribed by paragraph (2) upon receipt from the 
                manufacturer or importer of a written application 
                showing that the alternative identification is 
                reasonable and will not hinder the effective 
                administration of this section.
                    ``(C) Fireworks.--The Attorney General may 
                authorize the licensed manufacturer or importer to 
                identify fireworks in a different manner than the 
                manner prescribed by paragraph (2).
            ``(4) Report.--Not later than 24 hours after the release of 
        explosive materials from the custody of the United States 
        Customs and Border Protection, the importer of such explosive 
        materials shall submit a report to the Attorney General, in a 
        format to be determined by the Attorney General, that 
        contains--
                    ``(A) the name and address of the importer;
                    ``(B) the manufacturer of the explosive materials;
                    ``(C) the city and country where the explosive 
                materials being imported were manufactured;
                    ``(D) the product name, size, and other marks of 
                identification on the explosive materials; and
                    ``(E) the date and shift of manufacture of the 
                explosive materials.''.
    (b) Rulemaking.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Attorney General shall issue final 
        regulations to carry out the amendment under subsection (a).
            (2) Deference requirement.--In promulgating the regulations 
        required under paragraph (1), the Attorney General shall give 
        deference to the standards for safety and security marking 
        recognized in the explosives industry.
    (c) Enforcement.--Section 844(a)(1) of title 18, United States 
Code, is amended by striking ``or (l) through (o)'' and inserting ``, 
(l) through (o), or (q)''.
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