[Congressional Record Volume 145, Number 73 (Wednesday, May 19, 1999)]
[Senate]
[Pages S5598-S5599]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TORRICELLI:
  S. 1081. A bill to amend section 842 of title 18, United States Code, 
relating to explosive materials, to the Committee on the Judiciary.


                   explosives protection act of 1999

  Mr. TORRICELLI. Mr. President, on the morning of April 19, 1995, in 
one horrible moment, an explosion devastated the Alfred P. Murrah 
Federal Building in Oklahoma City, Oklahoma, and took the lives of 168 
Americans.
  Every year, thousands of people are killed or maimed because of the 
use or misuse of illegal explosive devices, and millions of dollars in 
property is lost. Between 1991 and 1995, there were more than 14,000 
actual and attempted criminal bombings. 326 people were killed and 
another 2,970 injured in these incidents and more than $6 million in 
property damage resulted.
  In recent years, the criminal use of explosives has moved in a new 
direction, as is evidenced by the bombings of the World Trade Center in 
New York and the Oklahoma City bombing. These two incidents took the 
lives of many innocent men, women, and children, left others 
permanently scarred, and caused great suffering for the families of the 
victims--as well as all of America. These crimes were intended to tear 
the very fabric of our society; instead, their tragic consequences 
served to strengthen our resolve to stand firm against the insanity of 
terrorism and the criminal use of explosives.
  In the wake of the Oklahoma City bombing, I was stunned--as were 
many--to learn how few restrictions on the use and sale of explosives 
really exist. I soon after introduced this legislation, the 
``Explosives Protection Act'' to take a first step towards protecting 
the American people from those who would use explosives to do them 
harm. I am introducing it again today in the 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.
  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 someone who has been dishonorably discharged from the 
armed forces can no longer buy a gun, but can purchase a truckload full 
of explosives. The same is true for people 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. 
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 explosives laws into line with gun laws. My bill would simply 
expand the list of people prohibited from purchasing explosives so that 
it mirrors the list of people already prohibited from purchasing 
firearms.

[[Page S5599]]

  This is a simple bill meant only to correct longstanding gaps and 
loopholes in current law. I hope we can quickly move to get this passed 
and protect Americans from future acts of explosive destruction. I ask 
unanimous consent that the full text of the legislation be printed in 
the Record.
  There being no objection, the legislation was ordered to be printed 
in the Record, as follows:

                                S. 1081

       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 
     1999''.

     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.''.
                                 ______