I

104TH CONGRESS

1ST SESSION H. R. 1568

To require explosive materials to contain taggants to enable law enforcement

authorities to trace the source of the explosive material, whether before

or after detonation.

IN THE HOUSE OF REPRESENTATIVES

MAY 3, 1995

Mr. MANTON introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To require explosive materials to contain taggants to enable

law enforcement authorities to trace the source of the

explosive material, whether before or after detonation.

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

5 Fingerprinting Act’’.

6 SEC. 2. EXPLOSIVE TAGGANTS.

7 (a) DEFINITIONS.—Section 841 of title 18, United

8 States Code, is amended by adding at the end the follow9 ing:
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1 ‘‘(o) ‘Identification taggant’ means any substance

2 which—

3 ‘‘(1) is added to an explosive material during

4 the manufacture of the material; and

5 ‘‘(2) after detonation—

6 ‘‘(A) is retrievable;

7 ‘‘(B) permits the identification of the man8 ufacturer and the date of manufacture, of the

9 material; and

10 ‘‘(C) provides such other information as

11 the Secretary may require.

12 ‘‘(p) ‘Detective taggant’ means any substance

13 which—

14 ‘‘(1) is added to an explosive material during

15 the manufacture of the material; and

16 ‘‘(2) permits the detection of the material be17 fore its detonation.’’.

18 (b) PROHIBITIONS.—Section 842 of such title is

19 amended by adding at the end the following:

20 ‘‘(l)(1) It shall be unlawful for any person knowingly

21 to manufacture any explosive material that does not con22 tain an identification taggant which satisfies the stand23 ards promulgated by the Secretary under section 847.

24 ‘‘(2) It shall be unlawful for any person knowingly

25 to manufacture any explosive material that does not con-
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1 tain a detection taggant which satisfies the standards pro2 mulgated by the Secretary under section 847.

3 ‘‘(3) It shall be unlawful for any person knowingly

4 to transport, ship, distribute, or receive, or cause to be

5 transported, shipped, distributed, or received, in interstate

6 or foreign commerce any explosive material that does not

7 contain an identification taggant which satisfies the stand8 ards promulgated by the Secretary under section 847.

9 ‘‘(4) It shall be unlawful for any person knowingly

10 to transport, ship, distribute, or receive, or cause to be

11 transported, shipped, distributed, or received, in interstate

12 or foreign commerce any explosive material that does not

13 contain a detection taggant which satisfies the standards

14 promulgated by the Secretary under section 847.

15 ‘‘(5) It shall be unlawful for any person knowingly

16 to import any explosive material that does not contain an

17 identification taggant which satisfies the standards pro18 mulgated by the Secretary under section 847.

19 ‘‘(6) It shall be unlawful for any person knowingly

20 to import any explosive material that does not contain a

21 detection taggant which satisfies the standards promul22 gated by the Secretary under section 847.

23 ‘‘(7) It shall be unlawful for any person knowingly

24 to resell or otherwise dispose of any explosive material,

25 sold as surplus by a department, agency, or instrumental-
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1 ity of the United States, that does not contain an identi2 fication taggant which satisfies the standards promulgated

3 by the Secretary under section 847. The shipment of sur4 plus explosive materials from the military establishment

5 where sold to the purchaser’s place of business shall be

6 in accordance with regulations promulgated by the Sec7 retary.

8 ‘‘(8) It shall be unlawful for any person knowingly

9 to resell or otherwise dispose of any explosive material,

10 sold as surplus by a department, agency, or instrumental11 ity of the United States, that does not contain a detection

12 taggant which satisfies the standards promulgated by the

13 Secretary under section 847. The shipment of surplus ex14 plosive materials from the military establishment where

15 sold to the purchaser’s place of business shall be in accord16 ance with regulations promulgated by the Secretary.

17 ‘‘(9) Paragraphs (1) through (8) shall not apply to

18 any explosive material designated by the President or his

19 designee as an explosive material to be used by the De20 partment of Defense or another agency of Government for

21 national defense or international security purposes. Any

22 explosive material so designated shall be reported prompt23 ly to the Secretary.’’.

24 (c) PENALTIES.—Section 844(a) of such title is

25 amended—
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1 (1) by striking ‘‘(a) Any’’ and inserting ‘‘(a)(1)

2 Any’’; and

3 (2) by adding at the end the following:

4 ‘‘(2) Any person who violates section 842(l)(1) shall

5 be fined not more than $10,000 or imprisoned not more

6 than 10 years, or both.’’.

7 (d) EXCEPTIONS.—Section 845(a) of such title is

8 amended by adding at the end the following:

9 ‘‘Notwithstanding the preceding sentence, section

10 842(l)(1) shall apply to the matters described in para11 graphs (4) and (5) of this subsection.’’.

12 (e) EFFECTIVE DATES.—(1) Except as otherwise

13 provided in this subsection, the amendments made by this

14 section shall take effect 1 year after the date of the enact15 ment of this Act.

16 (2) Paragraph (2) section 842(l) of title 18, United

17 States Code, shall take effect 2 years after the date of

18 the enactment of this Act.

19 (3) Paragraph (3) of such section shall take effect

20 2 years after such date of enactment.

21 (4) Paragraph (4) of such section shall take effect

22 3 years after such date of enactment.

23 (5) Paragraph (5) of such section shall take effect

24 1 year after such date of enactment.
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1 (6) Paragraph (6) of such section shall take effect

2 2 years after such date of enactment.

3 (7) Paragraph (7) of such section shall take effect

4 2 years after such date of enactment.

5 (8) Paragraph (8) of such section shall take effect

6 3 years after such date of enactment.

7 (f) DEFERRAL OF EFFECTIVE DATES.—

8 (1) IN GENERAL.—The Secretary of the Treas9 ury shall by regulation defer 1 or more of the effec10 tive dates provided for in this subsection by exten11 sions of not more than 1 year at a time until the

12 Secretary is satisfied that identification and detec13 tion taggants (as defined in section 841 of title 18,

14 United States Code)—

15 (A) are available in sufficient quantity for

16 commercial purposes;

17 (B) will not impair the quality of explosive

18 materials for their intended use; and

19 (C) will not adversely affect the environ20 ment.

21 (2) PRIOR NOTICE TO THE CONGRESS.—The

22 Secretary shall inform the Congress 60 days before

23 deferring the effective date of any provision pursu24 ant to paragraph (1), specifying the reasons for the
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1 deferral, and estimating the time the Secretary ex2 pects the provision will become effective.

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