II

106TH CONGRESS

1ST SESSION S. 1081

To amend section 842 of title 18, United States Code, relating to explosive

materials.

IN THE SENATE OF THE UNITED STATES

MAY 19, 1999

Mr. TORRICELLI introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To amend section 842 of title 18, United States Code,

relating to explosive materials.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Explosives Protection

5 Act of 1999’’.

6 SEC. 2. PROHIBITIONS RELATING TO EXPLOSIVE MATE7 RIALS.

8 (a) PROHIBITION OF SALE, DELIVERY, OR TRANS9 FER OF EXPLOSIVE MATERIALS TO CERTAIN INDIVID10 UALS.—Section 842 of title 18, United States Code, is
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1 amended by striking subsection (d) and inserting the fol2 lowing:

3 ‘‘(d) PROHIBITION OF SALE, DELIVERY, OR TRANS4 FER OF EXPLOSIVE MATERIALS TO CERTAIN INDIVID5 UALS.—It shall be unlawful for any licensee to knowingly

6 sell, deliver, or transfer any explosive materials to any in7 dividual who—

8 ‘‘(1) is less than 21 years of age;

9 ‘‘(2) is under indictment for, or has been con10 victed in any court of, a crime punishable by impris11 onment for a term exceeding 1 year;

12 ‘‘(3) is a fugitive from justice;

13 ‘‘(4) is an unlawful user of or addicted to any

14 controlled substance (as defined in section 102 of

15 the Controlled Substances Act (21 U.S.C. 802));

16 ‘‘(5) has been adjudicated as a mental defective

17 or has been committed to any mental institution;

18 ‘‘(6) being an alien—

19 ‘‘(A) is illegally or unlawfully in the United

20 States; or

21 ‘‘(B) except as provided in section 845(d),

22 has been admitted to the United States under

23 a nonimmigrant visa (as that term is defined in

24 section 101(a)(26) of the Immigration and Na25 tionality Act (8 U.S.C. 1101(a)(26));
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1 ‘‘(7) has been discharged from the Armed

2 Forces under dishonorable conditions;

3 ‘‘(8) having been a citizen of the United States,

4 has renounced his citizenship;

5 ‘‘(9) is subject to a court order that restrains

6 such person from harassing, stalking, or threatening

7 an intimate partner of such person or child of such

8 intimate partner or person, or engaging in other

9 conduct that would place an intimate partner in rea10 sonable fear of bodily injury to the partner or child,

11 except that this paragraph shall only apply to a

12 court order that—

13 ‘‘(A) was issued after a hearing of which

14 such person received actual notice, and at which

15 such person had the opportunity to participate;

16 and

17 ‘‘(B)(i) includes a finding that such person

18 represents a credible threat to the physical safe19 ty of such intimate partner or child; and

20 ‘‘(ii) by its terms explicitly prohibits the

21 use, attempted use, or threatened use of phys22 ical force against such intimate partner or child

23 that would reasonably be expected to cause bod24 ily injury; or
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1 ‘‘(10) has been convicted in any court of a mis2 demeanor crime of domestic violence.’’.

3 (b) PROHIBITION ON SHIPPING, TRANSPORTING,

4 POSSESSION, OR RECEIPT OF EXPLOSIVES BY CERTAIN

5 INDIVIDUALS.—Section 842 of title 18, United States

6 Code, is amended by striking subsection (i) and inserting

7 the following:

8 ‘‘(i) PROHIBITION ON SHIPPING, TRANSPORTING,

9 POSSESSION, OR RECEIPT OF EXPLOSIVES BY CERTAIN

10 INDIVIDUALS.—It shall be unlawful for any person to ship

11 or transport in interstate or foreign commerce, or possess,

12 in or affecting commerce, any explosive, or to receive any

13 explosive that has been shipped or transported in inter14 state or foreign commerce, if that person—

15 ‘‘(1) is less than 21 years of age;

16 ‘‘(2) has been convicted in any court, of a crime

17 punishable by imprisonment for a term exceeding 1

18 year;

19 ‘‘(3) is a fugitive from justice;

20 ‘‘(4) is an unlawful user of or addicted to any

21 controlled substance (as defined in section 102 of

22 the Controlled Substances Act (21 U.S.C. 802));

23 ‘‘(5) has been adjudicated as a mental defective

24 or who has been committed to a mental institution;

25 ‘‘(6) being an alien—
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1 ‘‘(A) is illegally or unlawfully in the United

2 States; or

3 ‘‘(B) except as provided in section 845(d),

4 has been admitted to the United States under

5 a nonimmigrant visa (as that term is defined in

6 section 101(a)(26) of the Immigration and Na7 tionality Act (8 U.S.C. 1101(a)(26));

8 ‘‘(7) has been discharged from the Armed

9 Forces under dishonorable conditions;

10 ‘‘(8) having been a citizen of the United States,

11 has renounced his citizenship; or

12 ‘‘(9) is subject to a court order that—

13 ‘‘(A) was issued after a hearing of which

14 such person received actual notice, and at which

15 such person had an opportunity to participate;

16 ‘‘(B) restrains such person from harassing,

17 stalking, or threatening an intimate partner of

18 such person or child of such intimate partner or

19 person, or engaging in other conduct that would

20 place an intimate partner in reasonable fear of

21 bodily injury to the partner or child; and

22 ‘‘(C)(i) includes a finding that such person

23 represents a credible threat to the physical safe24 ty of such intimate partner or child; and
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1 ‘‘(ii) by its terms explicitly prohibits the

2 use, attempted use, or threatened use of phys3 ical force against such intimate partner or child

4 that would reasonably be expected to cause bod5 ily injury; or

6 ‘‘(10) has been convicted in any court of a mis7 demeanor crime of domestic violence.’’.

8 (c) EXCEPTIONS AND WAIVER FOR CERTAIN INDI9 VIDUALS.—Section 845 of title 18, United States Code,

10 is amended by adding at the end the following:

11 ‘‘(d) EXCEPTIONS AND WAIVER FOR CERTAIN INDI12 VIDUALS.—

13 ‘‘(1) DEFINITIONS.—In this subsection—

14 ‘‘(A) the term ‘alien’ has the same mean15 ing as in section 101(a)(3) of the Immigration

16 and Nationality Act (8 U.S.C. 1101(a)(3)); and

17 ‘‘(B) the term ‘nonimmigrant visa’ has the

18 same meaning as in section 101(a)(26) of the

19 Immigration and Nationality Act (8 U.S.C.

20 1101(a)(26)).

21 ‘‘(2) EXCEPTIONS.—Subsections (d)(5)(B) and

22 (i)(5)(B) of section 842 do not apply to any alien

23 who has been lawfully admitted to the United States

24 pursuant to a nonimmigrant visa, if that alien is—
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1 ‘‘(A) admitted to the United States for

2 lawful hunting or sporting purposes;

3 ‘‘(B) a foreign military personnel on offi4 cial assignment to the United States;

5 ‘‘(C) an official of a foreign government or

6 a distinguished foreign visitor who has been so

7 designated by the Department of State; or

8 ‘‘(D) a foreign law enforcement officer of

9 a friendly foreign government entering the

10 United States on official law enforcement busi11 ness.

12 ‘‘(3) WAIVER.—

13 ‘‘(A) IN GENERAL.—Any individual who

14 has been admitted to the United States under

15 a nonimmigrant visa and who is not described

16 in paragraph (2), may receive a waiver from the

17 applicability of subsection (d)(5)(B) or (i)(5)(B)

18 of section 842, if—

19 ‘‘(i) the individual submits to the At20 torney General a petition that meets the

21 requirements of subparagraph (B); and

22 ‘‘(ii) the Attorney General approves

23 the petition.

24 ‘‘(B) PETITIONS.—Each petition under

25 subparagraph (A)(i) shall—
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1 ‘‘(i) demonstrate that the petitioner

2 has resided in the United States for a con3 tinuous period of not less than 180 days

4 before the date on which the petition is

5 submitted under this paragraph; and

6 ‘‘(ii) include a written statement from

7 the embassy or consulate of the petitioner,

8 authorizing the petitioner to engage in any

9 activity prohibited under subsection (d) or

10 (i) of section 842, as applicable, and certi11 fying that the petitioner would not other12 wise be prohibited from engaging in that

13 activity under subsection (d) or (i) of sec14 tion 842, as applicable.’’.

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