[Congressional Record Volume 143, Number 50 (Thursday, April 24, 1997)]
[Senate]
[Pages S3663-S3664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TORRICELLI:
  S. 642. A bill to amend section 842 of title 18, United States Code, 
relating to explosive materials; to the Committee on the Judiciary.


                 the explosives protection act of 1997

 Mr. TORRICELLI. Mr. President, I introduce the Explosives 
Protection Act of 1997. I do so just over two years after the tragic 
bombing of the federal building in Oklahoma City, because I hope that 
this bill will, in some small way, prevent future bombings--whether by 
terrorists of symbolic targets, malcontents of random ones, or even 
spouses involved in marital disputes.
  This bill, while not directly related to the circumstances in 
Oklahoma City, is a first step towards protecting the American people 
from those who would use explosives to do them harm.
  Not many people realize, Mr. President, just how few restrictions on 
the use and sale of explosives really exist. While we have increasingly 
restricted the number of people who can obtain and use a firearm, we 
have been lax in extending these prohibitions to explosives.
  For instance, while we prohibit illegal aliens from obtaining a gun, 
we allow them to obtain explosives without restriction. And this same 
divergence applies to those who have been dishonorably discharged from 
the armed forces, those who have renounced U.S. citizenship, people who 
have acted in such a way as to have restraining orders issued against 
them, and those with domestic violence convictions. Each of these 
categories of persons are prohibited from obtaining firearms, but face 
no such prohibition on obtaining explosive material.
  Additionally, while this Congress has been moving to prevent 
nonimmigrant legal aliens from obtaining a gun, in response to the 
recent shooting at the Empire State Building, we have neglected to work 
towards this same goal with regards to explosives.
  Mr. President, many of these differences in the law are simply 
oversights--Congress has often acted to limit the use and sale of 
firearms, and has neglected to bring explosives law into line. And in 
so doing, we have made it all too easy for many of the most dangerous 
or least accountable members of society to obtain materials which can 
result in an equal or even greater loss of life.
  Congress has already made the determination that certain members of 
society should not have access to firearms, and the same logic clearly 
applies to dangerous and destructive explosive materials. It is time to 
bring the explosives law into line with gun laws, and this is all my 
bill does.
  Specifically, my bill would take the list of categories of people who 
cannot obtain firearms and would add any of those categories not 
currently covered under the explosives law. Additionally, my bill would 
insert the Durbin-Kennedy nonimmigrant provisions into the law to 
protect us from persons entering the country and quickly moving to 
purchase and use deadly explosive material.
  Mr. President, this is a simple bill meant only to correct 
longstanding gaps and loopholes in current law. I urge my colleagues to 
support the bill, and I hope we can quickly move to get this passed and 
protect Americans from future acts of explosive destruction.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 642

       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 
     1997''.

     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 subsection (l), 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.''.

[[Page S3664]]

       (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 (p) and inserting the following:
       ``(p) 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 subsection (l), 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 
     842 of title 18, United States Code, is amended by adding at 
     the end the following:
       ``(l) 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 (p)(5)(B) 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 (p)(5)(B), 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 
     (p), as applicable, and certifying that the petitioner would 
     not otherwise be prohibited from engaging in that activity 
     under subsection (d) or (p), as applicable.''.
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