[Congressional Record Volume 148, Number 14 (Thursday, February 14, 2002)]
[Senate]
[Pages S862-S864]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL (for himself, Mr. Hatch, Mr. Schumer, and Ms. 
        Cantwell):
  S. 1956. A bill to combat terrorism and defend the Nation against 
terrorist attacks, and for other purposes; to the Committee on the 
Judiciary.
  Mr. KOHL. Mr. President, I rise today to introduce the Safe 
Explosives Act. This legislation will help prevent the criminal use and 
accidental misuse of explosive materials.
  The events of September 11 have tragically demonstrated how good 
terrorists are at seeking out loopholes in our Nation's defenses. Law 
enforcement, now more than ever, must be several steps ahead of these 
criminals.
  Most Americans would be stunned to learn that in some States it is 
easier to get enough explosives to take down a house than it is to buy 
a gun, get a drivers' license, or even obtain a fishing license. 
Currently, it is far too easy for would-be terrorists and criminals to 
obtain explosive materials. Although permits are required for 
interstate purchases of explosives, there are no current uniform 
national limitations on the purchase of explosives within a single 
state by a resident of that State. As a result, a patchwork quilt of 
State regulations covers the intrastate purchase of explosive 
materials. In some States, anyone can walk into a hardware store and 
buy plastique explosives or a box of dynamite. No background check is 
conducted, and no effort is made to check whether the purchaser knows 
how to properly use this deadly material. In at least 12 States, there 
are little to no restrictions on the intrastate purchase of explosives.
  Since September 11, the threat of a terrorist attack involving 
explosives is more real than ever. As Richard Reid, the so-called 
``shoe bomber,'' recently demonstrated when he tried to take down a 
Boeing 767 en route from Paris to Miami, terrorists are actively trying 
to use explosives in pursuit of their aims. We must be more vigilant in 
overseeing the purchase and possession of explosives if we ever hope to 
prevent future potential disasters.
  The Safe Explosives Act would close the deadly loophole in our 
current laws by requiring people who want to acquire and possess 
explosive materials to obtain a permit. This measure would 
significantly reduce the availability of explosives to terrorists, 
felons, and others prohibited by current federal law from possessing 
dangerous explosives.
  Let me elaborate on what the proposal does. As I said, under current 
law anyone who is involved in interstate shipment, purchase, or 
possession of explosives must have a Federal permit. This legislation 
creates the same requirement for intrastate purchases. It calls for two 
types of permits for these intrastate purchasers: user permits and 
limited user permits. The user permit lasts for 3 years and allows 
unlimited explosives purchases. The limited user permit also expires 
after 3 years, but only allows six purchases per year. We created this 
two-tier system so that low-volume users would not be burdened by 
regulations. The limited permit, like the user permit, imposes 
commonsense rules such as a background check, monitoring of explosives 
purchases, secure storage, and report of sale or theft of explosives. 
However, the Safe Explosives Act does not subject the limited user to 
the record keeping requirements currently required for full permit 
holders.

  In addition to creating the permit system, our measure makes some 
commonsense addition to the classes of people who are barred from 
buying or possessing explosives. Current Federal explosives law 
prohibits certain people from purchasing or possessing explosives. The 
list of people barred is roughly parallel to those prohibited by 
Federal firearms law. For example, convicted felons are not allowed to 
buy guns or explosives. However, while current law bars nonimmigrant 
aliens from buying guns, they are not prohibited from buying 
explosives. That makes no sense. The Safe Explosives Act would stop 
nonimmigrant aliens from being able to buy explosives. Since we now 
know that several of the September 11 terrorists were nonimmigrant 
aliens, and that sleeper terrorist cells made up of nonimmigrant aliens 
have been operating within U.S. borders for number of years, this 
provision is especially important.
  In addition, the Safe Explosives Act improves the public's safety by 
requiring permit holders to adhere to proper storage and safety 
regulations. These provisions will help ensure the safety of explosives 
handlers and prevent accidental or criminal detonation of explosives. 
Sadly, each year, many people are seriously injured or killed by misuse 
and criminal use of explosives. For example, in 1997, there were 4,777 
explosives incidents, killing 27 and injuring 164 people, and resulting 
in more than $7.3 million in property damage. Our proposal will help 
reduce these numbers.
  This measure strikes a reasonable balance between stopping dangerous 
people from getting explosives and helping legitimate users obtain and 
possess explosives. Most large commercial users already have explosives 
permits because they engage in interstate explosives transport. These 
users would not be significantly affected by our legislation. The low-
volume users will be able to quickly and cheaply get a limited permit. 
And high-volume intrastate purchasers who are running businesses that 
require explosives should easily be able to get an unlimited user 
permit. Also, the measure will not affect those who use black or 
smokeless powder for recreation, as the legislation does not change 
current regulations on those particular materials.
  Our goal is simple. We must take all possible steps to keep deadly 
explosives out of the hands of dangerous individuals seeking to 
threaten our livelihood and security. The Safe Explosives Act is 
critical legislation, supported by the administration. It is designed 
solely to the interest of public safety. It will significantly enhance 
our efforts to limit the proliferation of explosives to would be 
terrorists and criminals. It will close a loophole that could 
potentially cause mass destruction of property and life. I hope my 
colleagues will support our efforts to pass this vital law. Thank you.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

                                S. 1956

       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 referred to as the ``Safe Explosives Act''.

      SEC. 2. PERMITS FOR PURCHASERS OF EXPLOSIVES.

       (a) Definitions.--Section 841(j) of title 18, United States 
     Code, is amended to read as follows:
       ``(j) `Permittee' means any user of explosives for a lawful 
     purpose, who has obtained either a user permit or a limited 
     permit under the provisions of this chapter.''.
       (b) Permits for Purchase of Explosives.--Section 842 of 
     title 18, United States Code, is amended--
       (1) in subsection (a)(2), by striking ``and'' at the end;
       (2) by striking subsection (a)(3) and inserting the 
     following:
       ``(3) other than a licensee or permittee knowingly--
       ``(A) to transport, ship, cause to be transported, or 
     receive any explosive materials; or

[[Page S863]]

       ``(B) to distribute explosive materials to any person other 
     than a licensee or permittee; or
       ``(4) who is a holder of a limited permit--
       ``(A) to transport, ship, cause to be transported, or 
     receive in interstate or foreign commerce any explosive 
     materials; or
       ``(B) to receive explosive materials from a licensee or 
     permittee, whose premises are located within the State of 
     residence of the limited permit holder, on more than 6 
     separate occasions, pursuant to regulations implemented by 
     the Secretary.'';
       (3) by striking subsection (b) and inserting the following:
       ``(b) It shall be unlawful for any licensee or permittee 
     knowingly to distribute any explosive materials to any person 
     other than--
       ``(1) a licensee;
       ``(2) a holder of a user permit; or
       ``(3) a holder of a limited permit who is a resident of the 
     State where distribution is made and in which the premises of 
     the transferor are located.''; and
       (4) in the first sentence of subsection (f), by inserting 
     ``, other than a holder of a limited permit,'' after 
     ``permittee''.
       (c) Licenses and User Permits.--Section 843(a) of title 18, 
     United States Code, is amended--
       (1) by inserting ``or limited permit'' after ``user 
     permit'' in the first sentence;
       (2) by inserting before the period at the end of the first 
     sentence the following: ``, including the names of and 
     appropriate identifying information regarding all employees 
     who will handle explosive materials, as well as fingerprints 
     and a photograph of the applicant (including, in the case of 
     a corporation, partnership, or association, any individual 
     possessing, directly or indirectly, the power to direct or 
     cause the direction of the management and policies of the 
     corporation, partnership, or association)''; and
       (3) by striking the third sentence and inserting ``Each 
     license or user permit shall be valid for no longer than 3 
     years from the date of issuance and each limited permit shall 
     be valid for no longer than 1 year from the date of issuance. 
     Each license or permit shall be renewable upon the same 
     conditions and subject to the same restrictions as the 
     original license or permit and upon payment of a renewal fee 
     not to exceed one-half of the original fee.''.
       (d) Criteria for Approving Licenses and Permits.--Section 
     843(b) of title 18, United States Code, is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) in paragraph (5), by striking the period at the end; 
     and
       (3) by adding at the end the following:
       ``(6) none of the employees of the applicant who will 
     possess explosive materials in the course of their employment 
     with the applicant is a person whose possession of explosives 
     would be unlawful under section 842(i) of this chapter; and
       ``(7) in the case of a limited permit, the applicant has 
     certified in writing that the applicant will not receive 
     explosive materials on more than 6 separate occasions during 
     the 12-month period for which the limited permit is valid.''.
       (e) Inspection Authority.--Section 843(f) of title 18, 
     United States Code, is amended--
       (1) in the first sentence--
       (A) by striking ``permittees'' and inserting ``holders of 
     user permits''; and
       (B) by inserting ``licensees and permittees'' before the 
     words ``shall submit''; and
       (2) in the second sentence, by striking ``permittee'' the 
     first time it appears and inserting ``holder of a user 
     permit''.
       (f) Posting of Permits.--Section 843(g) of title 18, United 
     States Code, is amended by inserting ``user'' before 
     ``permits''.
       (g) Effective Date.--The amendments made by this section 
     shall take effect 180 days after the date of enactment of 
     this Act.

     SEC. 3. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING 
                   EXPLOSIVE MATERIALS.

       (a) Distribution of Explosives.--Section 842(d) of title 
     18, United States Code, is amended--
       (1) in paragraph (5), by striking ``or'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``or who has been committed to a mental 
     institution;''; and
       (3) by adding at the end the following:
       ``(7) is an alien, other than an alien who is lawfully 
     admitted for permanent residence (as defined in section 101 
     (a)(20) of the Immigration and Nationality Act) or an alien 
     described in subsection (q)(2);
       ``(8) has been discharged from the armed forces under 
     dishonorable conditions; or
       ``(9) having been a citizen of the United States, has 
     renounced the citizenship of that person.''.
       (b) Possession of Explosive Materials.--Section 842(i) of 
     title 18, United States Code, is amended--
       (1) in paragraph (3), by striking ``or'' at the end; and
       (2) by inserting after paragraph (4) the following:
       ``(5) who is an alien, other than an alien who is lawfully 
     admitted for permanent residence (as that term is defined in 
     section 101(a)(20) of the Immigration and Nationality Act) or 
     an alien described in subsection (q)(2);
       ``(6) who has been discharged from the armed forces under 
     dishonorable conditions; or
       ``(7) who, having been a citizen of the United States, has 
     renounced the citizenship of that person.''.
       (c) Definition.--Section 842 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(q) Provisions Relating to Legal Aliens.--
       ``(1) Definition.--In this subsection, 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)).
       ``(2) Exceptions.--Subsections (d)(7) and (i)(5) do not 
     apply to any alien who--
       ``(A) is in lawful nonimmigrant status, is a refugee 
     admitted under section 207 of the Immigration and Nationality 
     Act (8 U.S.C. 1157), or is in asylum status under section 208 
     of the Immigration and Nationality Act (8 U.S.C. 1158);
       ``(B) is a foreign law enforcement officer of a friendly 
     foreign government entering the United States on official law 
     enforcement business;
       ``(C) is a person having the authority to direct or cause 
     the direction of the management and policies of a 
     corporation, partnership, or association licensed pursuant to 
     section 843(a), and the shipping, transporting, possessing, 
     or receiving of explosive materials relates to that 
     authority; or
       ``(D) is a member of a North Atlantic Treaty Organization 
     (NATO) or other friendly foreign military force (whether or 
     not admitted in a nonimmigrant status) who is present in the 
     United States under military orders for training or other 
     authorized purpose, and the shipping, transporting, 
     possessing, or receiving explosive materials is in 
     furtherance of the military purpose.''.
       ``(3) Waiver.--
       ``(A) Conditions for waiver.--Any individual who has been 
     admitted to the United States under a nonimmigrant visa may 
     receive a waiver from the requirements of subsection (i)(5) 
     if--
       ``(i) the individual submits to the Attorney General a 
     petition that meets the requirements of subparagraph (C); and
       ``(ii) the Attorney General approves the petition.
       ``(B) Petition.--Each petition submitted in accordance with 
     subparagraph (A) 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 
     acquire explosives and certifying that the alien would not, 
     absent the application of subsection (i)(5), otherwise be 
     prohibited from such an acquisition under subsection (i).
       ``(C) Approval of petition.--The Attorney General shall 
     approve a petition submitted in accordance with this 
     paragraph if the Attorney General determines that waiving the 
     requirements of subsection (i)(5) with respect to the 
     petitioner--
       ``(i) would be in the interests of justice; and
       ``(ii) would not jeopardize the public safety.''.

     SEC. 4. REQUIREMENT TO PROVIDE SAMPLES OF EXPLOSIVE MATERIALS 
                   AND AMMONIUM NITRATE.

       Section 843 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(h) Furnishing of Samples.--
       ``(1) In general.--Licensed manufacturers and licensed 
     importers and persons who manufacture or import explosive 
     materials or ammonium nitrate shall, when required by letter 
     issued by the Secretary, furnish--
       ``(A) samples of such explosive materials or ammonium 
     nitrate;
       ``(B) information on chemical composition of those 
     products; and
       ``(C) any other information that the Secretary determines 
     is relevant to the identification and classification of the 
     explosive materials or to identification of the ammonium 
     nitrate.
       ``(2) Reimbursement.--The Secretary may, by regulation, 
     authorize reimbursement of the fair market value of samples 
     furnished pursuant to this subsection, as well as the 
     reasonable costs of shipment.''.

     SEC. 5. DESTRUCTION OF PROPERTY OF INSTITUTIONS RECEIVING 
                   FEDERAL FINANCIAL ASSISTANCE.

       Section 844(f)(1) of title 18, United States Code, is 
     amended by inserting before the word ``shall'' the following: 
     ``or any institution or organization receiving Federal 
     financial assistance,''.

     SEC. 6. RELIEF FROM DISABILITIES.

       Section 845(b) of title 18, United States Code, is amended 
     to read as follows:
       ``(b) Relief from Disabilities.--
       ``(1) In general.--A person who is prohibited from 
     possessing, shipping, transporting, receiving purchasing, 
     importing, manufacturing, or dealing in explosive materials 
     may make application to the Secretary for relief from the 
     disabilities imposed by Federal law with respect to the 
     acquisition, receipt, transfer, shipment, transportation, or 
     possession of explosive materials, and the Secretary may 
     grant that relief, if it is established to the satisfaction 
     of the Secretary that--
       ``(A) the circumstances regarding the disability, and the 
     record and reputation of the applicant are such that the 
     applicant will not be likely to act in a manner dangerous to 
     public safety; and
       ``(B) that the granting of the relief will not be contrary 
     to the public interest.

[[Page S864]]

       ``(2)Petition for judicial review.--Any person whose 
     application for relief from disabilities under this section 
     is denied by the Secretary may file a petition with the 
     United States district court for the district in which that 
     person resides for a judicial review of the denial.
       ``(3) Additional evidence.--The court may, in its 
     discretion, admit additional evidence where failure to do so 
     would result in a miscarriage of justice.
       ``(4) Further operations.--A licensee or permittee who 
     conducts operations under this chapter and makes application 
     for relief from the disabilities under this chapter, shall 
     not be barred by that disability from further operations 
     under the license or permit of that person pending final 
     action on an application for relief filed pursuant to this 
     section.
       ``(5) Notice.--Whenever the Secretary grants relief to any 
     person pursuant to this section, the Secretary shall promptly 
     publish in the Federal Register, notice of that action, 
     together with reasons for that action.''.

     SEC. 7. THEFT REPORTING REQUIREMENT.

       Section 842 of title 18, United States Code, as amended by 
     this Act, is amended by adding at the end the following:
       ``(r) Theft Reporting Requirement.--
       ``(1) In general.--A holder of a limited user permit who 
     knows that explosive materials have been stolen from that 
     user, shall report the theft to the Secretary not later than 
     24 hours after the discovery of the theft.
       ``(2) Penalty.--A holder of a limited user permit who does 
     not report a theft in accordance with paragraph (1), shall be 
     fined not more than $10,000, imprisoned not more than 5 
     years, or both.''.

     SEC. 8. APPLICABILITY.

       Nothing in this Act shall be construed to affect the 
     exception in section 845(a)(4) (relating to small arms 
     ammunition and components of small arms ammunition) or 
     section 845(a)(5) (relating to commercially manufactured 
     black powder in quantities not to exceed 50 pounds intended 
     to be used solely for sporting, recreational, or cultural 
     purposes in antique firearms) of title 18, United States 
     Code.

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