[House Report 107-658]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-658
======================================================================
ANTI-TERRORISM EXPLOSIVES ACT OF 2002
_______
September 17, 2002.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 4864]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 4864) to combat terrorism and defend the Nation
against terrorist acts, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 4
Background and Need for the Legislation.......................... 5
Hearings......................................................... 6
Committee Consideration.......................................... 6
Vote of the Committee............................................ 6
Committee Oversight Findings..................................... 6
Performance Goals and Objectives................................. 7
New Budget Authority and Tax Expenditures........................ 7
Congressional Budget Office Cost Estimate........................ 7
Constitutional Authority Statement............................... 11
Section-by-Section Analysis and Discussion....................... 11
Changes in Existing Law Made by the Bill, as Reported............ 14
Markup Transcript................................................ 20
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Terrorism Explosives Act of
2002''.
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 a user permit or a limited permit
under this chapter.''.
(b) Permits for Purchase of Explosives.--Section 842 of such title
is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and''; and
(B) by striking paragraph (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
``(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 in the
State of residence of the holder, except that the
holder of a limited permit may so receive explosive
materials on 4 or fewer occasions pursuant to
regulations prescribed by the Secretary.''; and
(2) 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 transferor's
premises are located.''.
(c) Licenses and User Permits.--Section 843(a) of such title is
amended--
(1) in the 1st sentence--
(A) by inserting ``or limited permit'' after ``user
permit''; and
(B) by inserting ``, including the names of and
appropriate identifying information regarding all
employees who will be authorized by the employer to
possess explosive materials, as well as fingerprints
and a photograph of each responsible person with
respect to the applicant. In this section, the term
`responsible person' means, with respect to an
applicant, an individual who has the power to direct
the management and policies of the applicant pertaining
to explosive materials'' before the period; and
(2) by striking the 3rd 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 (except that, in the case of the renewal of a
limited permit, the verification requirement of subsection
(b)(5) may be satisfied by inspection or such other means as
the Secretary deems appropriate) and upon payment of a renewal
fee not to exceed \1/2\ of the original fee.''.
(d) Criteria for Approving Licenses and Permits.--Section 843(b) of
such title is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) the applicant (or, if the applicant is a corporation,
partnership, or association, eachresponsible person with
respect to the applicant) is not a person who is prohibited from
receiving, distributing, transporting, or possessing explosive
materials under subsection (d) or (i) of section 842;'';
(2) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively, and inserting after
paragraph (1) the following:
``(2) none of the employees who will be authorized by the
applicant to 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);'';
(3) in paragraph (5) (as so redesignated)--
(A) by inserting ``the Secretary has verified by
inspection that'' before ``the applicant''; and
(B) by striking ``and'' at the end;
(4) by striking the period at the end of paragraph (6) (as
so redesignated) and inserting ``; and''; and
(5) by adding at the end the following:
``(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 4 different occasions during
any 12-month period in which a limited permit issued to the
applicant is in effect.''.
(e) Deadline for Approval or Denial of Application.--Section 843(c)
of such title is amended by striking ``a period of forty-five days
beginning on the date such'' and inserting ``90 days after the''.
(f) Inspection Authority.--Section 843(f) of such title is
amended--
(1) in the 1st sentence--
(A) by striking ``permittees'' and inserting
``holders of user permits''; and
(B) by inserting ``licensees and permittees''
before ``shall submit''; and
(2) in the 2nd sentence, by striking ``permittee'' the
first place it appears and inserting ``holder of a user
permit''.
(g) Posting of Permits.--Section 843(g) of such title is amended by
inserting ``user'' before ``permits''.
(h) Background Checks; Clearances.--Section 843 of such title is
amended by adding at the end the following:
``(h)(1) If the Secretary receives from an employer the name and
other identifying information with respect to a responsible person or
an employee who will be authorized by the employer to possess explosive
materials in the course of employment with the employer, the Secretary
shall determine whether possession of explosives by the responsible
person or the employee, as the case may be, would be unlawful under
section 842(i). In making the determination, the Secretary may take
into account a letter or document issued under paragraph (2) of this
subsection.
``(2)(A) If the Secretary determines that possession of explosives
by the responsible person or the employee would not be unlawful under
section 842(i), the Secretary shall notify the employer in writing or
electronically of the determination and issue to the responsible person
or the employee, as the case may be, a letter of clearance which
confirms the determination.
``(B) If the Secretary determines that possession of explosives by
the responsible person or the employee would be unlawful under section
842(i), the Secretary shall notify the employer in writing or
electronically of the determination and issue to the responsible person
or the employee, as the case may be, a document which confirms the
determination, explains the grounds for the determination, provides
information on how the disability may be relieved, and explains how the
determination may be appealed.''.
(i) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of enactment of this Act.
(j) Electronic Records.--Not later than one year after the
effective date of this Act, the Secretary of the Treasury shall
maintain an electronic record of each license, user permit, or limit
permit issued or renewed under section 843 of title 18, United States
Code, on or after one year after the effective date of this Act.
SEC. 3. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING EXPLOSIVE
MATERIALS.
(a) Distribution of Explosive Materials.--Section 842(d) of title
18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``or has been committed to a mental institution;'';
and
(3) by adding at the end the following:
``(7) is an alien, other than a lawful permanent resident
alien (as defined in section 101(a)(20) of the Immigration and
Nationality Act) or an alien described in subsection (q)(2) of
this section;
``(8) has been discharged from the Armed Forces under
dishonorable conditions; or
``(9) having been a citizen of the United States, has
renounced his citizenship.''.
(b) Possession of Explosives.--Section 842(i) of such title is
amended--
(1) by striking ``or'' at the end of paragraph (3); and
(2) by inserting after paragraph (4) the following:
``(5) who, is an alien, other than a lawful permanent
resident alien (as 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 his citizenship;''.
(c) Provisions Relating to Legal Aliens.--Section 842 of such title
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.--An alien is described in this paragraph
if the alien--
``(A) is--
``(i) in lawful nonimmigrant status;
``(ii) a refugee admitted under section 207
of the Immigration and Nationality Act (8
U.S.C. 1157); or
``(iii) in asylum status under section 208
of the Immigration and Nationality Act (8
U.S.C. 1158); and
``(B) is--
``(i) a law enforcement officer of a
foreign country designated in writing by the
Attorney General as a country covered by this
subparagraph, and is entering the United States
on official law enforcement business;
``(ii) a person having the authority to
direct or cause the direction of the management
and policies of a corporation, partnership, or
association licensed under section 843(a), and
shipping, transporting, possessing or receiving
explosive materials relates to the authority;
or
``(iii) a member of the armed forces of a
foreign country that is a member of the North
Atlantic Treaty Organization, Australia, New
Zealand, Japan, Republic of Korea, or other
foreign country designated in writing by the
Attorney General, after consultation with the
Secretary of Defense, as a country covered by
this subparagraph (whether or not admitted in a
non-immigrant 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;
``(iv) lawfully present in the United
States in cooperation with the Director of
Central Intelligence, and the shipment,
transportation, receipt, or possession of the
explosive materials is in furtherance of such
cooperation.''.
(d) Expansion of Authority to Provide Relief From Disabilities.--
Section 845(b) of such title is amended--
(1) by striking ``had been indicted for or convicted of a
crime punishable by imprisonment for a term exceeding one
year'' and inserting ``is prohibited from shipping,
transporting, receiving, or possessing any explosive'';
(2) by striking ``of such indictment or conviction'' and
inserting ``of the applicable provision of section 842(i)'';
(3) by striking ``the indictment or conviction'' and
inserting ``the applicability of such provision'';
(4) by striking ``of indictment or conviction'' and
inserting ``of such applicability''; and
(5) by striking ``by such indictment or conviction'' and
inserting ``by such applicability''.
SEC. 4. REQUIREMENT TO PROVIDE SAMPLES OF EXPLOSIVE MATERIALS AND
AMMONIUM NITRATE.
Section 843 of title 18, United States Code, is further amended by
adding at the end the following:
``(i) A person who manufactures or imports explosive materials or
ammonium nitrate shall, as required by letter issued by the Secretary,
furnish samples of the explosive materials or ammonium nitrate,
information on chemical composition of the explosive materials or
ammonium nitrate, and any other information that the Secretary
determines is relevant to the identification of the explosive materials
or to identification of the ammonium nitrate. The Secretary shall, by
regulation, provide for the 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 ``or any institution or organization receiving Federal
financial assistance,'' before ``shall''.
Purpose and Summary
H.R. 4864, the ``Anti-Terrorism Explosives Act of 2002,''
provides tighter security for explosive materials and increased
security measures for purchasers and possessors of explosives
by requiring all persons who wish to obtain explosives, even
for limited use, to obtain a permit.
The legislation would expand the list of persons who are
prohibited from receiving explosive materials to make these
laws conform with the list of persons restricted from
possessing firearms. Additionally, the bill requires companies
that apply for a permit to possess, use or transfer explosives
to submit a list to the Bureau of Alcohol, Tobacco and Firearms
(ATF) of all employees who have responsibility for, or will
have possession of, explosive materials to verify that these
individuals are not on the list of persons who are prohibited
from purchasing or possessing explosives. Explosive
manufacturers will also be required, under this legislation, to
provide a sample of their explosives to facilitate the tracking
of these materials for ATF. Finally, the bill would expand
Federal jurisdiction over intentional fires or explosions
occurring on Federal property to include institutions or
organizations receiving Federal financial assistance.
Background and Need for the Legislation
Since September 11, 2001, our country has been on high
alert. Americans have become accustomed to frequent
notifications about possible terrorist threats and increased
security throughout our society. Congress has passed
legislation requiring background checks for airport workers,
hazmat truck drivers, and researchers working with anthrax.
These precautions are necessary to prevent certain types of
terrorist attacks. However, there are additional precautions
that have not been taken that would help to prevent threats
from explosives. This legislation includes many of these
precautions.
In recent years, our country has seen an increase in
terrorist activities. In 1993, terrorists detonated explosives
at the World Trade Center. Terrorists detonated explosives in
the Murrah Federal Building in Oklahoma City in 1995. This
year, Richard Reid was arrested after trying to detonate a bomb
in his shoe on an aircraft. The Attorney General has stated
that the suicide bombings and car bombings could be the next
line of attack by terrorists in the United States. On June 10,
2002, the Attorney General announced that the FBI had uncovered
a terrorist plot to detonate a ``dirty bomb''--a mixture of
common explosives and radioactive materials in an United States
metropolitan area.
Currently, individuals seeking to purchase explosives in
intrastate commerce are not required to obtain a permit. This
legislation requires all persons purchasing explosives to
obtain a permit from ATF. This will allow ATF to perform
background checks on all applicants for permits and ensure
proper handling and storage procedures will be used to prevent
mishandling and misuse of explosives.
This bill would add categories of persons to the list of
persons prohibited from receiving or possessing explosive
materials. The purpose of this expansion would be to try to
minimize the risk of explosives being mishandled or misused by
persons who may pose a particular security threat. The
categories of persons prohibited from purchasing explosives is
updated under this legislation to more closely reflect the list
of persons prohibited from purchasing firearms. The bill
includes expanded provisions for relief from disability to
allow for appeal of all categories of prohibited persons.
The bill seeks to achieve a balance between security
measures, which are necessary to prevent access to explosives
by certain individuals, and protection of privacy interests.
Although an applicant company would receive notice that an
individual employed by the company may be prohibited from
possessing explosives, notification of the reasons that an
individual is prohibited from possessing explosives would only
be provided to that individual in an effort to protect privacy.
Notice of rights to appeal and information regarding those
rights would also be provided directly to the individual.
This legislation also allows ATF to compile samples of
explosive materials that are manufactured and imported by
Federally licensed entities to give them the ability to quickly
determine what explosive materials were used in an incident and
track these materials.
Current law makes it a crime to damage any Federally owned
or leased property by intentional use of fire or explosives.\1\
Expanding the law to include institutions or organizations that
receive Federal financial assistance would allow ATF to provide
their expertise and provide the protection of Federal criminal
laws to additional entities.
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\1\ 18 U.S.C. Sec. 844 (2002)
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Hearings
The Subcommittee on Crime, Terrorism, and Homeland Security
held a hearing on H.R. 4864, the ``Anti-Terrorism Explosives
Act of 2002'' on June 11, 2002. Testimony was heard from three
witnesses: The Honorable Kenneth Lawson, Assistant Secretary of
Enforcement, U.S. Department of the Treasury; Bradley A.
Buckles, Director, Bureau of Alcohol, Tobacco and Firearms; and
J. Christopher Ronay, President, Institute of Makers of
Explosives.
Committee Consideration
On June 13, 2002, the Subcommittee on Crime, Terrorism, and
Homeland Security met in open session and ordered favorably
reported the bill H.R. 4864, by voice vote, a quorum being
present. On June 18, 2002, the Committee on the Judiciary met
in open session and ordered favorably reported the bill, H.R.
4864, as amended, by voice vote, a quorum being present.
Vote of the Committee
There were no recorded votes on this legislation.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Performance Goals and Objectives
H.R. 4864, the ``Anti-Terrorism Explosives Act of 2002''
does not authorize funding. Therefore, clause 3(c) of rule XIII
of the Rules of the House of Representatives is inapplicable.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 4864, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 9, 2002.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4864, the Anti-
Terrorism Explosives Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Mark
Grabowicz (for Federal costs), who can be reached at 226-2860,
and Jean Talarico (for the private-sector impact), who can be
reached at 226-2940.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 4864--Anti-Terrorism Explosives Act of 2002.
SUMMARY
H.R. 4864 would require all purchasers of explosives to
obtain permits from the Bureau of Alcohol, Tobacco, and
Firearms (ATF) and would direct that agency to perform
background checks on persons who work with explosives. The bill
also would require manufacturers and importers of explosive
materials or ammonium nitrate to furnish samples and other
information to the ATF. Finally, H.R. 4864 would expand the
current prohibitions on possession of explosives and would
establish new Federal crimes for offenses relating to misuse of
explosives.
CBO estimates that implementing H.R. 4864 would cost about
$190 million over the 2003-2007 period for the ATF to
administer the bill's provisions, assuming appropriation of the
necessary amounts. We estimate that enacting the bill would
increase receipts by about $2 million over the 2003-2007 period
and would have an insignificant effect on direct spending.
Because the bill would affect direct spending and receipts,
pay-as-you-go procedures would apply.
H.R. 4864 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on State, local, or tribal governments.
H.R. 4864 would impose private-sector mandates, as defined
in UMRA, on manufacturers, distributors, importers, and
purchasers of explosive materials. CBO estimates that the costs
of those mandates would fall well below the annual threshold
specified in UMRA ($115 million in 2002, adjusted annually for
inflation).
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 4864 is shown in the
following table. The costs of this legislation fall within
budget function 750 (administration of justice).
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
BASIS OF ESTIMATE
CBO estimates that implementing H.R 4864 would increase
costs for the ATF by about $190 million over the 2003-2007
period. CBO assumes that the necessary amounts will be
appropriated by the start of each fiscal year. In addition, the
bill also would increase revenues by about $2 million over the
2003-2007 period and would have a negligible effect on direct
spending.
Spending Subject to Appropriation
Under current law, residents of a State may purchase
explosives from a business located in that State or in an
adjacent State without a Federal permit. H.R. 4864 would
require those purchasers of explosives to obtain a permit from
the ATF. The agency expects 25,000 to 40,000 persons or firms
to need such ``limited'' permits each year. Under the bill's
provisions, the ATF would have to conduct a field inspection of
each applicant. In addition, H.R. 4864 would direct the ATF to
conduct background checks on all persons who handle explosives.
The ATF expects that roughly 100,000 checks would be required
each year under the bill.
CBO expects that the ATF would need to hire a significant
number of new employees to carry out the bill's provisions,
mostly field inspectors, but also attorneys, chemists, and
other administrative and support personnel. Based on
information from the ATF about the level of effort required for
field inspections and background checks, CBO estimates that
implementing H.R. 4864 would cost about $40 million annually to
hire an additional 350 to 400 persons. We expect that those new
positions would be fully staffed by fiscal year 2004.
H.R. 4864 also would require manufacturers and importers of
explosive materials or ammonium nitrate to furnish samples and
other information to the ATF. The agency would have to provide
reimbursement of the fair market value of samples plus shipping
costs. Based on information from the ATF and from trade
associations for explosives manufacturers, CBO does not expect
those costs to be significant because of the small amount of
material involved.
Direct Spending and Revenues
The ATF expects to charge a fee of $25 for each limited
permit it issues, plus a $12.50 renewal fee each year. Because
fees that the agency currently charges to issue licenses to
manufacturers and dealers of explosives are recorded on the
budget as revenues, CBO expects these collections would also be
considered revenues. Assuming there are about 30,000 applicants
for these permits, CBO estimates that enacting H.R. 4864 would
increase revenues by about $800,000 in fiscal year 2003 and by
about $400,000 in each year thereafter.
Enacting H.R. 4864 also could increase collections of
criminal fines for violations of the bill's provisions relating
to use of explosives. CBO estimates that any additional
collections would not be significant because of the small
number of additional cases likely to be affected. Criminal
fines are recorded as receipts and deposited in the Crime
Victims Fund, then later spent.
PAY-AS-YOU-GO CONSIDERATIONS
The Balanced Budget and Emergency Deficit Control Act
specifies procedures for legislation affecting direct spending
and receipts. Pay-as-you-go procedures would apply to H.R. 4864
because the bill would affect direct spending and receipts.
Except for the estimated receipts of nearly $1 million in 2003,
annual effects on direct spending and revenues would be less
than $500,000 a year, as shown in the following table.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS
H.R. 4864 contains no intergovernmental mandates as defined
in UMRA and would impose no costs on State, local, or tribal
governments.
ESTIMATED IMPACT ON THE PRIVATE SECTOR
H.R. 4864 would impose private-sector mandates as defined
in UMRA on manufacturers, distributors, importers, and
purchasers of explosive materials. CBO estimates that the costs
of those mandates would fall well below the annual threshold
specified in UMRA ($115 million in 2002, adjusted annually for
inflation).
Background Checks and Federal Permits
H.R. 4864 would require applicants for Federal licenses and
permits for handling explosives to submit identifying
information on specific employees to the ATF. The bill also
would require certain persons with management responsibilities
related to explosives to submit fingerprints and a photograph.
Under current law, residents of a State may purchase
explosives from a business located in that State or in an
adjacent State without a Federal permit. The bill would require
those purchasers of explosives to obtain a permit from the ATF.
Based on information from the ATF and representatives of
the commercial explosives industry, CBO estimates that the cost
for those mandates would be less than $2 million annually
beginning in 2003.
Samples of Materials and other Information
H.R. 4864 would require manufacturers and importers of
explosive materials or ammonium nitrate to furnish samples of
those materials to the ATF. The cost of this mandate would be
comprised of the fair market value of the samples and the cost
of shipping those samples. The bill would provide reimbursement
for those costs and, therefore, the mandated entities would not
incur any compliance costs.
In addition, the bill would require manufacturers and
importers of explosive materials or ammonium nitrate to furnish
any information that the Secretary determines to be relevant to
the identification of the explosive material or ammonium
nitrate. Based on information from the ATF, the specific
information that may be required is not determined, but it is
expected not to be large.
Prohibition to Receive and Possess Explosive Materials
The bill would expand the categories of individuals who
would be prohibited from receiving and possessing explosive
materials to include persons who have been committed to a
mental institution, discharged dishonorably from the Armed
Forces, certain aliens, and U.S. citizens who have renounced
their citizenship. Based on information from ATF and
representatives of the commercial explosives industry, the
number of people affected would not be great. Thus, CBO
estimates that the cost of this mandate would be small.
ESTIMATE PREPARED BY:
Federal Spending: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Angela Seitz
(225-3220)
Impact on the Private Sector: Jean Talarico (226-2940)
ESTIMATE APPROVED BY:
Peter H. Fontaine
Deputy Assistant Director for Budget Analysis
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clause 1 and 18 of
the Constitution.
Section-by-Section Analysis and Discussion
Section 1. Short Title.
The short title of this bill is the ``Anti-Terrorism
Explosives Act of 2002.''
Section 2. Permits for Purchasers of Explosives.
Current law makes it a crime to transport, ship, receive,
or distribute explosive materials in interstate or foreign
commerce without a license or permit issued by the Bureau of
Alcohol, Tobacco and Firearms (ATF).\2\ However, under current
law a loophole exists which allows purchases of explosives
without a Federal license or permit within a State by a
resident of that State.\3\
---------------------------------------------------------------------------
\2\ 18 U.S.C. Sec. Sec. 842, 843
\3\ 18 U.S.C. Sec. 842(a)(3)
---------------------------------------------------------------------------
This section of the bill requires any individual who seeks
to purchase explosive materials to obtain a license, permit, or
limited permit from ATF and makes it unlawful for any person to
distribute explosive materials to a person who is not the
holder of a license, permit, or limited permit. The new permit
requirement would close the current loophole in the law and
significantly enhance the government's ability to prevent the
misuse and unsafe storage of explosives.
This section creates an additional option for a permit
called a ``limited permit.'' Limited permittees will be allowed
to purchase explosives four times in a twelve month period. The
use of limited permits will provide better regulation and
tracking of explosives in the United States. Limited permittees
will be required to undergo an application process similar to
that required of licensees and permittees, with some
exceptions. Currently, licensees and permittees may be
inspected at any time by ATF officials to ensure compliance
with explosives regulations. This legislation does not allow
ATF the right of entry without a warrant on the property of
persons possessing limited permits; however, it may be
necessary for ATF to verify the accuracy of information
provided by individuals applying for a limited permit,
including inspection of storage facilities prior to approval of
that application. As part of the permit application and renewal
process, ATF will conduct background checks on all individuals
wishing to acquire or possess explosive materials. Any person
or entity seeking to obtain a license or permit from ATF will
be required to undergo a background check and allow background
checks of company employees, thereby reducing the availability
of explosives to terrorists, felons and others prohibited by
law from possessing explosives.
Applicants would be required to submit photographs and
fingerprints along with their applications, to ensure that a
thorough background check can be completed. In the case of a
corporation, partnership or association, the applicant would be
required to submit fingerprints and photographs of responsible
persons, meaning those individuals who possess the power to
direct the management and policies of the corporation,
partnership or association pertaining to explosive materials.
This section will also require applicants to list the names
of all employees who will have possession of explosive
materials, so that ATF can verify that these individuals are
not prohibited from receiving or possessing explosives. Under
current law, it is too easy for would-be terrorists and
criminals to obtain access to explosive materials by obtaining
jobs with explosives licensees or permittees. These expanded
requirements would also apply to entities seeking to obtain a
license to sell explosives as well as applicants for permits.
This section is not intended to require corporate
applicants for explosives licenses or permits to list every
single corporate director or officer as a ``responsible
person'' on its application. Those officials within the
corporation who have no power to direct the management and
policies of the applicant with respect to explosive materials
need not be listed on the application. For example, in a large
corporation that uses explosives in just one of many business
activities, there may be many corporate officials who have no
responsibilities or authority in connection with the explosives
aspects of the company's business. These officials would not be
listed as ``responsible persons'' on the application, and would
not need to submit fingerprints or photographs to ATF.
The Secretary of Treasury should strive for balanced
enforcement. In so doing, the Secretary should avoid imposing
unnecessary burdens on applicants for explosives licenses and
permits. There is no reason to require background checks for
corporate officials who have no responsibilities or authority
in connection with the explosives aspects of the company's
business.
It is expected that ATF will work closely with the
regulated industry to develop guidance as to which employees
are considered to be in ``possession'' of explosive materials
in the course of their employment. Applicants for explosives
licenses or permits are not required to list every single
employee of the business. Instead, they are only required to
list employees who are expected to possess explosive materials
as part of their duties.
In developing these standards, ATF should be guided by the
case law interpreting the term ``possession'' under the Gun
Control Act of 1968 (GCA) \4\, as amended. It is well
established that possession under the GCA may be demonstrated
through either actual or constructive possession. Actual
possession exists when a person is in immediate possession or
control of an object, and includes instances where a person
knowingly has direct physical control over the object at a
given time. Thus, employees who physically handle explosive
materials would clearly be in possession of those materials.
This would include, among others, employees who handle
explosive materials (as defined by the law) as part of a
production process; employees who handle explosive materials in
order to ship, transport, or sell them; and employees who
actually use the explosive materials. All of these employees,
as well as any other employees who actually possess explosive
materials as part of their duties, must be listed on the
application for a license or permit.
---------------------------------------------------------------------------
\4\ 18 U.S.C. Ch. 44, Sec. Sec. 921 et seq.
---------------------------------------------------------------------------
Where direct physical contact is lacking, a person may
nonetheless have constructive possession where he or she
knowingly has the power and the intention at a given time to
exercise dominion and control over the explosives, either
directly or through others. Accordingly, this section would
require applicants for licenses or permits to list all
employees who will have constructive possession of explosive
materials as part of their duties. For example, a supervisor at
a construction site who keeps the keys for the building in
which the explosives are stored, and directs the use of
explosives by other employees, would be in constructive
possession of those explosives.
The background checks will be performed by ATF and the
employer will be notified if an employee is cleared or a
prohibited person; however, the individual who is determined to
be prohibited, not the employer, is the only one who will
receive information regarding the reason for the prohibition.
The individual is then free to appeal or challenge the
prohibition. Additionally, individuals who pass a background
check will receive a letter from ATF that may serve as
verification that they are not a prohibited person for future
employees. The Committee expects the background checks will be
possessed in a timely manner.
Permittees or licensees who hire new employees who will be
authorized to possess or will be ``responsible persons'' after
an application for a permit or license was approved would be
expected to submit those names to ATF for a background check.
Individuals employed by a licensee or permittee at the time
this legislation is enacted will be required to submit to a
background check at the time the employer applies for the
renewal of a license or permit or issuance of a new license or
permit by ATF.
Given the fact that this legislation will require
applicants to provide additional information which must be
reviewed and verified by ATF, the time period for approval or
denial of an application was extended from 45 days to 90 days
under this legislation to allow additional time to process
applications. However, it is expected that the ATF will process
applications in a timely fashion and will not deny approval of
applications based solely on its inability to complete the
application process in the time established by statute. Pending
approval of the renewal of a license or permit, the Committee
expects the ATF to allow current licensees and permittees to
continue operations.
Section 3. Persons Prohibited From Receiving or Possessing Explosive
Materials.
Under current law, persons who have been committed to a
mental institution, aliens that are not lawful permanent
residents of the United States, persons who have been
dishonorably discharged from the military, and Americans who
have renounced their citizenship are not prohibited from
receiving or possessing explosive materials.\5\
---------------------------------------------------------------------------
\5\ 18 U.S.C. Sec. 842
---------------------------------------------------------------------------
This section expands the list of persons prohibited from
possessing explosive materials to include unlawful aliens,
persons dishonorably discharged from the Armed Forces, persons
committed to a mental institution, and persons who have
renounced their citizenship of the United States. These
additions will make the categories of persons prohibited from
possessing explosives similar to the categories of persons
prohibited from obtaining firearms. This section also expands
the categories of persons who may seek relief from disability
under these provisions to include all categories of prohibited
persons.
Section 4. Requirement to Provide Samples of Explosive Materials and
Ammonium Nitrate.
This section requires companies who import or manufacture
explosive materials to provide ATF with samples on a
reimbursable basis to allow for easier tracking and
identification after an incident.
Section 5. Destruction of Property of Institutions Receiving Federal
Financial Assistance.
This section expands ATF authority to investigate
destruction of property by fire or explosion if the institution
receives Federal assistance.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 40--IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
EXPLOSIVE MATERIALS
* * * * * * *
Sec. 841. Definitions
As used in this chapter--
(a) * * *
* * * * * * *
[(j) ``Permittee'' means any user of explosives for
a lawful purpose, who has obtained a user permit under
the provisions of this chapter.]
(j) ``Permittee'' means any user of explosives for
a lawful purpose, who has obtained a user permit or a
limited permit under this chapter.
* * * * * * *
Sec. 842. Unlawful acts
(a) It shall be unlawful for any person--
(1) to engage in the business of importing,
manufacturing, or dealing in explosive materials
without a license issued under this chapter;
(2) knowingly to withhold information or to make
any false or fictitious oral or written statement or to
furnish or exhibit any false, fictitious, or
misrepresented identification, intended or likely to
deceive for the purpose of obtaining explosive
materials, or a license, permit, exemption, or relief
from disability under the provisions of this chapter;
[and]
[(3) other than a licensee or permittee knowingly--
[(A) to transport, ship, cause to be
transported, or receive in interstate or
foreign commerce any explosive materials,
except that a person who lawfully purchases
explosive materials from a licensee in a State
contiguous to the State in which the purchaser
resides may ship, transport, or cause to be
transported such explosive materials to the
State in which he resides and may receive such
explosive materials in the State in which he
resides, if such transportation, shipment, or
receipt is permitted by the law of the State in
which he resides; or
[(B) to distribute explosive materials to
any person (other than a licensee or permittee)
who the distributor knows or has reasonable
cause to believe does not reside in the State
in which the distributor resides.
[(b) It shall be unlawful for any licensee knowingly to
distribute any explosive materials to any person except--
[(1) a licensee;
[(2) a permittee; or
[(3) a resident of the State where distribution is
made and in which the licensee is licensed to do
business or a State contiguous thereto if permitted by
the law of the State of the purchaser's residence.]
(3) other than a licensee or permittee, knowingly--
(A) to transport, ship, cause to be
transported, or receive any explosive
materials; or
(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 in the State of residence of the
holder, except that the holder of a limited
permit may so receive explosive materials on 4
or fewer occasions pursuant to regulations
prescribed by the Secretary.
(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 transferor's premises are located.
* * * * * * *
(d) It shall be unlawful for any person knowingly to
distribute explosive materials to any individual who:
(1) * * *
* * * * * * *
(5) 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)); [or]
(6) has been adjudicated a mental defective[.] or
has been committed to a mental institution;
(7) is an alien, other than a lawful permanent
resident alien (as defined in section 101(a)(20) of the
Immigration and Nationality Act) or an alien described
in subsection (q)(2) of this section;
(8) has been discharged from the Armed Forces under
dishonorable conditions; or
(9) having been a citizen of the United States, has
renounced his citizenship.
* * * * * * *
(i) It shall be unlawful for any person--
(1) * * *
* * * * * * *
(3) who 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)); [or]
* * * * * * *
(5) who, is an alien, other than a lawful permanent
resident alien (as 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 his citizenship;
* * * * * * *
(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.--An alien is described in this
paragraph if the alien--
(A) is--
(i) in lawful nonimmigrant status;
(ii) a refugee admitted under
section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157); or
(iii) in asylum status under
section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158); and
(B) is--
(i) a law enforcement officer of a
foreign country designated in writing
by the Attorney General as a country
covered by this subparagraph, and is
entering the United States on official
law enforcement business;
(ii) a person having the authority
to direct or cause the direction of the
management and policies of a
corporation, partnership, or
association licensed under section
843(a), and shipping, transporting,
possessing or receiving explosive
materials relates to the authority; or
(iii) a member of the armed forces
of a foreign country that is a member
of the North Atlantic Treaty
Organization, Australia, New Zealand,
Japan, Republic of Korea, or other
foreign country designated in writing
by the Attorney General, after
consultation with the Secretary of
Defense, as a country covered by this
subparagraph (whether or not admitted
in a non-immigrant 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;
(iv) lawfully present in the United
States in cooperation with the Director
of Central Intelligence, and the
shipment, transportation, receipt, or
possession of the explosive materials
is in furtherance of such cooperation.
Sec. 843. Licenses and user permits
(a) An application for a user permit or limited permit or a
license to import, manufacture, or deal in explosive materials
shall be in such form and contain such information as the
Secretary shall by regulation prescribe, including the names of
and appropriate identifying information regarding all employees
who will be authorized by the employer to possess explosive
materials, as well as fingerprints and a photograph of each
responsible person with respect to the applicant. In this
section, the term ``responsible person'' means, with respect to
an applicant, an individual who has the power to direct the
management and policies of the applicant pertaining to
explosive materials. Each applicant for a license or permit
shall pay a fee to be charged as set by the Secretary, said fee
not to exceed $200 for each license or permit. [Each license or
permit shall be valid for no longer than three years from date
of issuance and 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.] 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 (except that, in
the case of the renewal of a limited permit, the verification
requirement of subsection (b)(5) may be satisfied by inspection
or such other means as the Secretary deems appropriate) and
upon payment of a renewal fee not to exceed \1/2\ of the
original fee.
(b) Upon the filing of a proper application and payment of
the prescribed fee, and subject to the provisions of this
chapter and other applicable laws, the Secretary shall issue to
such applicant the appropriate license or permit if--
[(1) 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) is not a person to whom
the distribution of explosive materials would be
unlawful under section 842(d) of this chapter;]
(1) the applicant (or, if the applicant is a
corporation, partnership, or association, each
responsible person with respect to the applicant) is
not a person who is prohibited from receiving,
distributing, transporting, or possessing explosive
materials under subsection (d) or (i) of section 842;
(2) none of the employees who will be authorized by
the applicant to 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);
[(2)] (3) the applicant has not willfully violated
any of the provisions of this chapter or regulations
issued hereunder;
[(3)] (4) the applicant has in a State premises
from which he conducts or intends to conduct business;
[(4)] (5) the Secretary has verified by inspection
that the applicant has a place of storage for explosive
materials which meets such standards of public safety
and security against theft as the Secretary by
regulations shall prescribe; [and]
[(5)] (6) the applicant has demonstrated and
certified in writing that he is familiar with all
published State laws and local ordinances relating to
explosive materials for the location in which he
intends to do business[.]; 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 4 different
occasions during any 12-month period in which a limited
permit issued to the applicant is in effect.
(c) The Secretary shall approve or deny an application
within [a period of forty-five days beginning on the date such]
90 days after the application is received by the Secretary.
* * * * * * *
(f) Licensees and [permittees] holders of user permits
shall make available for inspection at all reasonable times
their records kept pursuant to this chapter or the regulations
issued hereunder, and licensees and permittees shall submit to
the Secretary such reports and information with respect to such
records and the contents thereof as he shall by regulations
prescribe. The Secretary may enter during business hours the
premises (including places of storage) of any licensee or
[permittee] holder of a user permit, for the purpose of
inspecting or examining (1) any records or documents required
to be kept by such licensee or permittee, under the provisions
of this chapter or regulations issued hereunder, and (2) any
explosive materials kept or stored by such licensee or
permittee at such premises. Upon the request of any State or
any political subdivision thereof, the Secretary may make
available to such State or any political subdivision thereof,
any information which he may obtain by reason of the provisions
of this chapter with respect to the identification of persons
within such State or political subdivision thereof, who have
purchased or received explosive materials, together with a
description of such explosive materials.
(g) Licenses and user permits issued under the provisions
of subsection (b) of this section shall be kept posted and kept
available for inspection on the premises covered by the license
and permit.
(h)(1) If the Secretary receives from an employer the name
and other identifying information with respect to a responsible
person or an employee who will be authorized by the employer to
possess explosive materials in the course of employment with
the employer, the Secretary shall determine whether possession
of explosives by the responsible person or the employee, as the
case may be, would be unlawful under section 842(i). In making
the determination, the Secretary may take into account a letter
or document issued under paragraph (2) of this subsection.
(2)(A) If the Secretary determines that possession of
explosives by the responsible person or the employee would not
be unlawful under section 842(i), the Secretary shall notify
the employer in writing or electronically of the determination
and issue to the responsible person or the employee, as the
case may be, a letter of clearance which confirms the
determination.
(B) If the Secretary determines that possession of
explosives by the responsible person or the employee would be
unlawful under section 842(i), the Secretary shall notify the
employer in writing or electronically of the determination and
issue to the responsible person or the employee, as the case
may be, a document which confirms the determination, explains
the grounds for the determination, provides information on how
the disability may be relieved, and explains how the
determination may be appealed.
(i) A person who manufactures or imports explosive
materials or ammonium nitrate shall, as required by letter
issued by the Secretary, furnish samples of the explosive
materials or ammonium nitrate, information on chemical
composition of the explosive materials or ammonium nitrate, and
any other information that the Secretary determines is relevant
to the identification of the explosive materials or to
identification of the ammonium nitrate. The Secretary shall, by
regulation, provide for the reimbursement of the fair market
value of samples furnished pursuant to this subsection, as well
as the reasonable costs of shipment.
Sec. 844. Penalties
(a) * * *
* * * * * * *
(f)(1) Whoever maliciously damages or destroys, or attempts
to damage or destroy, by means of fire or an explosive, any
building, vehicle, or other personal or real property in whole
or in part owned or possessed by, or leased to, the United
States, or any department or agency thereof, or any institution
or organization receiving Federal financial assistance, shall
be imprisoned for not less than 5 years and not more than 20
years, fined under this title, or both.
* * * * * * *
Sec. 845. Exceptions; relief from disabilities
(a) * * *
(b) A person who [had been indicted for or convicted of a
crime punishable by imprisonment for a term exceeding one year]
is prohibited from shipping, transporting, receiving, or
possessing any explosive may make application to the Secretary
for relief from the disabilities imposed by this chapter with
respect to engaging in the business of importing,
manufacturing, or dealing in explosive materials, or the
purchase of explosive materials, and incurred by reason [of
such indictment or conviction] of the applicable provision of
section 842(i), and the Secretary may grant such relief if it
is established to his satisfaction that the circumstances
regarding [the indictment or conviction] the applicability of
such provision, and the applicant's record and reputation, are
such that the applicant will not be likely to act in a manner
dangerous to public safety and that the granting of the relief
will not be contrary to the public interest. A licensee or
permittee who makes application for relief from the
disabilities incurred under this chapter by reason [of
indictment or conviction] of such applicability, shall not be
barred [by such indictment or conviction] by such applicability
from further operations under his license or permit pending
final action on an application for relief filed pursuant to
this section.
* * * * * * *
Markup Transcript
BUSINESS MEETING
WEDNESDAY, JUNE 19, 2002
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:29 a.m., in
Room 2141, Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
Chairman Sensenbrenner. The Committee will be in order. A
working quorum is present.
* * * * * * *
The next item on the agenda is the adoption of H.R. 4864,
the ``Anti-Terrorism Explosives Act of 2002.''
The Chair recognizes the gentleman from Texas, Mr. Smith,
the Subcommittee Chairman, for purposes of a motion.
Mr. Smith. Mr. Chairman, the Subcommittee on Crime,
Terrorism, and Homeland Security reports favorably the bill
H.R. 4864 and moves its favorable recommendation to the full
House.
Chairman Sensenbrenner. Without objection, the bill will
because considered as read and open for amendment at any point.
[The bill, H.R. 4864, follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Chairman Sensenbrenner. The Chair would like to get us done
by 12:30, if that's possible. And without objection, opening
statements will be placed in the record at this point.
[The prepared statement of Ms. Jackson Lee follows:]
Prepared Statement of the Honorable Sheila Jackson Lee, a
Representative in Congress From the State of Texas
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Chairman Sensenbrenner. Are there amendments?
Ms. Jackson Lee. I have an amendment, Mr. Chairman. I'll be
very brief.
Chairman Sensenbrenner. The clerk will report the
amendment.
The Clerk. Amendment to H.R. 4864, offered by Ms. Jackson
Lee----
Chairman Sensenbrenner. Without objection, the amendment is
considered as read.
[The amendment follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Chairman Sensenbrenner. The gentlewoman from Texas is
recognized for 5 minutes.
Ms. Jackson Lee. I thank the distinguished Chairman, and I
thank the Committee, and I thank the Ranking Member of this
Committee, and the Chairman as well.
We know, with the new assignment that has been given to
this Subcommittee, which provides for oversight over homeland
security, these are important issues dealing with
antiterrorism. Knowing that this is an important legislative
initiative dealing with the issue of explosives, which we have
confronted in the most tragic way on September 11th, I simply
add the keeping of records; that we have worked with the
Chairman and the Ranking Member, I believe, on this
legislation.
And all this amendment does is, not later than 1 year after
the effective date of this act, the Secretary of the Treasury
shall maintain an electronic record of each license, user
permit, or limited permit issued or renewed under section 843
on or after 1 year after the effective date of this act.
This, again, goes to data collection. We believe this is an
important aspect to help with ATF, coordinating the permit-
holder information----
Chairman Sensenbrenner. Will the gentlewoman yield?
Ms. Jackson Lee. I'd be happy to yield.
Chairman Sensenbrenner. I believe this is a constructive
addition to the legislation and favor the amendment.
Ms. Jackson Lee. I yield back. I thank the distinguished
gentleman.
Chairman Sensenbrenner. The question is on agreeing to the
amendment offered by the gentlewoman from Texas, Ms. Jackson
Lee.
Those in favor will say aye.
Opposed, no.
The ayes appear to have it. The ayes have it, and the
amendment is agreed to.
Mr. Scott. Mr. Chairman?
Chairman Sensenbrenner. Are there further amendments?
The gentleman from Virginia, Mr. Scott.
Mr. Scott. Mr. Chairman, I move to strike the last word.
Chairman Sensenbrenner. The gentleman is recognized for 5
minutes.
Mr. Scott. And I know we're trying to move quickly.
I just wanted to point out that the Administration witness
who testified indicated that they do not have the
administrative capability of performing the tasks under this
bill, but they will ask for funding.
So I would want the Members of the Committee to be
sensitive to the idea that when they ask for funding--when we
pass the bill, funding will be necessary for them to be to
comply with the bill.
Chairman Sensenbrenner. Does the gentleman yield?
Mr. Scott. I yield.
Chairman Sensenbrenner. I agree with the gentleman from
Virginia on that point. But as you know, the appropriators
usually don't care what authorizers think. But we will speak
up.
Mr. Scott. I yield back.
Chairman Sensenbrenner. The question is--the Chair notes
the--are there further amendments?
The Chair notes the presence of a reporting quorum.
Those in favor of reporting the bill favorably will say
aye.
Opposed, no.
The ayes appear to have it. The ayes have it, and the
motion to report favorably is adopted.
Without objection, the bill will be reported favorably to
the House in the form of a single amendment in the nature of a
substitute, incorporating the amendment adopted here today.
Without objection, the Chairman is authorized to move to go to
conference pursuant to House rules. Without objection, the
staff is directed to make technical and conforming changes. And
all Members will be given 2 days, as provided by House rules,
in which to submit additional, dissenting, supplemental, or
minority views.
The Chair would like to thank everybody for their
cooperation. We made this a rolling markup. We have now rolled
our way all the way down the hill and have accomplished quite a
bit.
The Judiciary Committee remains the most productive in
Congress, because everybody works together.
And the Committee is adjourned.
[Whereupon, at 12:15 p.m., the Committee was adjourned.]