[Congressional Record Volume 151, Number 39 (Thursday, April 7, 2005)]
[Senate]
[Page S3359]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL (for himself and Mr. Hatch):
  S. 739. A bill to require imported explosives to be marked in the 
same manner as domestically manufactured explosives; to the Committee 
on the Judiciary.
  Mr. KOHL. Mr. President, I rise today with Senator Hatch to introduce 
the Imported Explosives Identification Act of 2005. This legislation 
would require imported explosives include unique identifying markings, 
just like explosives made here at home.
  Domestic manufacturers are required to place identification markings 
on all explosive materials they produce, enabling law enforcement 
officers to determine the source of explosives found at a crime scene--
an important crime solving tool. Yet, these same identifying markings 
are not required of those explosives manufactured overseas and imported 
into our country. Our legislation would simply treat imported 
explosives just like those manufactured in the United States by 
requiring all imported explosives to carry the same identifying 
markings currently placed on domestic explosives.
  This is not a radical idea. We already have similar requirements for 
firearms. For years, importers and manufacturers have been required to 
place a unique serial number and other identifying information on each 
firearm. This is a common sense security measure that we have imposed 
on manufacturers and importers of firearms. There is no reason not to 
do the same with respect to dangerous explosives.
  These markings can be a tremendously useful tool for law enforcement 
officials, enabling investigators to quickly follow the trail of the 
explosives after they entered the country. According to the Bureau of 
Alcohol, Tobacco, Firearms and Explosives, ATF, marked explosives can 
be tracked through records kept by those who manufacture and sell them, 
often leading them to the criminal who has stolen or misused them. At a 
Senate hearing last year, even FBI Director Mueller recognized the 
usefulness of markings, saying they ``are helpful to the investigator . 
. . who is trying to identify the sourc[e] of that explosive.'' Failing 
to close this loophole unnecessarily impedes law enforcement efforts 
and poses a significant security risk, and closing it is simple. This 
bill fixes this problem by requiring the name of the manufacturer, 
along with the time and date of manufacture, to be placed on all 
explosives materials, imported and domestic.
  ATF first sought to fill this gap in the regulation of explosives 
when it published a notice of a proposed rulemaking in November 2000. 
Now, more than 4 years later, this rulemaking still has not been 
completed. Just last week, ATF again missed its self-imposed deadline 
for finalizing the rule.
  Each year, thousands of pounds of stolen, lost, or abandoned 
explosives are recovered by law enforcement. When explosives are not 
marked, they cannot be quickly and effectively traced for criminal 
enforcement purposes. Each day we delay closing this loophole, we let 
more untraceable explosive materials cross our borders, jeopardizing 
our security. Failure to address this very straightforward issue 
unnecessarily hinders law enforcement's efforts to keep us safe. 
Because ATF and the Department of Justice have not closed this loophole 
in a timely manner, it is now incumbent upon us to act.
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