I

105TH CONGRESS

1ST SESSION H. R. 538

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

FEBRUARY 4, 1997

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

2 to manufacture any explosive material that does not con3 tain a detection taggant which satisfies the standards pro4 mulgated by the Secretary under section 847.

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

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

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

8 or foreign commerce any explosive material that does not

9 contain an identification taggant which satisfies the stand10 ards promulgated by the Secretary under section 847.

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

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

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

14 or foreign commerce any explosive material that does not

15 contain a detection taggant which satisfies the standards

16 promulgated by the Secretary under section 847.

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

18 to import any explosive material that does not contain an

19 identification taggant which satisfies the standards pro20 mulgated by the Secretary under section 847.

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

22 to import any explosive material that does not contain a

23 detection taggant which satisfies the standards promul24 gated by the Secretary under section 847.
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1 ‘‘(7) It shall be unlawful for any person knowingly

2 to resell or otherwise dispose of any explosive material,

3 sold as surplus by a department, agency, or instrumental4 ity of the United States, that does not contain an identi5 fication taggant which satisfies the standards promulgated

6 by the Secretary under section 847. The shipment of sur7 plus explosive materials from the military establishment

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

9 in accordance with regulations promulgated by the Sec10 retary.

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

12 to resell or otherwise dispose of any explosive material,

13 sold as surplus by a department, agency, or instrumental14 ity of the United States, that does not contain a detection

15 taggant which satisfies the standards promulgated by the

16 Secretary under section 847. The shipment of surplus ex17 plosive materials from the military establishment where

18 sold to the purchaser’s place of business shall be in accord19 ance with regulations promulgated by the Secretary.

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

21 any explosive material designated by the President or his

22 designee as an explosive material to be used by the De23 partment of Defense or another agency of Government for

24 national defense or international security purposes. Any
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1 explosive material so designated shall be reported prompt2 ly to the Secretary.’’.

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

4 amended—

5 (1) by striking ‘‘(a) Any’’ and inserting ‘‘(a)(1)

6 Any’’; and

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

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

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

10 than 10 years, or both.’’.

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

12 amended by adding at the end the following:

13 ‘‘Notwithstanding the preceding sentence, section

14 842(l)(1) shall apply to the matters described in para15 graphs (4) and (5) of this subsection.’’.

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

17 provided in this subsection, the amendments made by this

18 section shall take effect 1 year after the date of the enact19 ment of this Act.

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

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

22 the enactment of this Act.

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

24 2 years after such date of enactment.
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1 (4) Paragraph (4) of such section shall take effect

2 3 years after such date of enactment.

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

4 1 year after such date of enactment.

5 (6) Paragraph (6) of such section shall take effect

6 2 years after such date of enactment.

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

8 2 years after such date of enactment.

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

10 3 years after such date of enactment.

11 (f) DEFERRAL OF EFFECTIVE DATES.—

12 (1) IN GENERAL.—The Secretary of the Treas13 ury shall by regulation defer 1 or more of the effec14 tive dates provided for in this subsection by exten15 sions of not more than 1 year at a time until the

16 Secretary is satisfied that identification and detec17 tion taggants (as defined in section 841 of title 18,

18 United States Code)—

19 (A) are available in sufficient quantity for

20 commercial purposes;

21 (B) will not impair the quality of explosive

22 materials for their intended use; and

23 (C) will not adversely affect the environ24 ment.
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1 (2) PRIOR NOTICE TO THE CONGRESS.—The

2 Secretary shall inform the Congress 60 days before

3 deferring the effective date of any provision pursu4 ant to paragraph (1), specifying the reasons for the

5 deferral, and estimating the time the Secretary ex6 pects the provision will become effective.

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