II 109th CONGRESS 1st Session S. 739 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.

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).