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105TH CONGRESS

1ST SESSION H. R. 85

To improve the regulation of explosives and explosive materials, and to prevent

the use of explosives against persons and the unlawful use of explosives

against property.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 7, 1997

Ms. SLAUGHTER introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To improve the regulation of explosives and explosive materials, and to prevent the use of explosives against persons

and the unlawful use of explosives against property.

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 ‘‘Bombing Prevention

5 Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) the number of criminal bombing incidents

9 in the United States has doubled since 1988;
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1 (2) each year, hundreds of millions of pounds of

2 explosives are purchased without a permit being re3 quired;

4 (3) about one-third of the bombs used in crime

5 in recent years have contained black powder or

6 smokeless powder as filler;

7 (4) the terrorist bombing of the World Trade

8 Center, a series of bombings in western New York

9 State, the bombing of the Federal building in Okla10 homa City, and the bombing in Centennial Park in

11 Atlanta demonstrate the grave dangers of bomb at12 tacks;

13 (5) effective regulation of interstate commerce

14 in explosives is possible only with changes in the reg15 ulatory framework;

16 (6) explosive materials, by their nature, are

17 composed of numerous different substances, many of

18 which have travelled in interstate or foreign com19 merce; and

20 (7) the protection of the safety and property of

21 the citizenry, including the infrastructure vital to the

22 conduct of interstate and foreign commerce, requires

23 more careful regulation of explosives transactions.
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1 SEC. 3. PERMITS FOR PURCHASE OF EXPLOSIVES.

2 (a) IN GENERAL.—Section 842 of title 18, United

3 States Code, is amended—

4 (1) by amending subparagraphs (A) and (B) of

5 subsection (a)(3) to read as follows:

6 ‘‘(A) to transport, ship, cause to be trans7 ported, or receive any explosive materials in

8 interstate or foreign commerce; or

9 ‘‘(B) to distribute explosive materials in

10 interstate or foreign commerce to any person

11 other than a licensee or permittee.’’; and

12 (2) in subsection (b)—

13 (A) by adding ‘‘or’’ at the end of para14 graph (1);

15 (B) by striking ‘‘; or’’ at the end of para16 graph (2) and inserting a period; and

17 (C) by striking paragraph (3).

18 (b) EFFECTIVE DATE.—The amendments made by

19 subsection (a) shall apply to conduct engaged in after the

20 18-month period that begins with the date of the enact21 ment of this Act.

22 (c) REGULATIONS.—

23 (1) IN GENERAL.—Not later than 6 months

24 after the date of the enactment of this Act, the Sec25 retary of the Treasury shall issue final regulations

26 with respect to the amendments made by subsection
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1 (a), which shall take effect 18 months after such

2 date of enactment.

3 (2) NOTICE TO STATES.—On the issuance of

4 regulations pursuant to paragraph (1), the Secretary

5 of the Treasury shall notify the States of the regula6 tions so that the States may consider revising their

7 explosives laws.

8 SEC. 4. LICENSES AND USER PERMITS.

9 Section 843(a) of title 18, United States Code, is

10 amended—

11 (1) by inserting ‘‘, including fingerprints and a

12 photograph of the applicant’’ before the period at

13 the end of the 1st sentence; and

14 (2) by striking the 2nd sentence and inserting

15 the following: ‘‘Each applicant for a license shall pay

16 for each license a fee established by the Secretary

17 that shall not exceed $300. Each applicant for a per18 mit shall pay for each permit a fee established by

19 the Secretary that shall not exceed $100.’’.

20 SEC. 5. USE OF NATIONAL INSTANT CRIMINAL BACK21 GROUND CHECK SYSTEM TO INVESTIGATE

22 APPLICANTS FOR LICENSES AND PERMITS.

23 The Secretary of the Treasury may use the national

24 instant criminal background check system established
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1 under section 103 of the Brady Handgun Violence Preven2 tion Act to investigate each applicant for a license or per3 mit under chapter 40 of title 18, United States Code.

4 SEC. 6. REQUIREMENTS FOR PURCHASES OF BLACK POW5 DER AND SMOKELESS POWDER.

6 (a) IN GENERAL.—Section 845 of title 18, United

7 States Code, is amended—

8 (1) in subsection (a)(4), by striking ‘‘and com9 ponents thereof’’;

10 (2) in subsection (a)(5), by striking ‘‘commer11 cially manufactured black powder in quantities not

12 to exceed fifty pounds,’’; and

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

14 ‘‘(c) Except in the case of section 842(f), and sub15 sections (d), (e), (f), (g), (h), (i), (n), and (o) of section

16 844, this chapter shall not apply to commercially manufac17 tured black powder or smokeless powder in quantities not

18 to exceed 5 pounds.’’.

19 (b) CONFORMING AMENDMENT.—Section 926 of

20 such title is amended by striking subsection (c).

21 SEC. 7. ENHANCED PENALTIES.

22 Pursuant to its authority under section 994 of title

23 28, United States Code, the United States Sentencing

24 Commission shall promulgate amendments to the sentenc25 ing guidelines to appropriately enhance the penalties for
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1 a violation of any provision of chapter 40 of title 18,

2 United States Code, the penalties for which are not as se3 vere as the penalties for a comparable violation of chapter

4 44 of such title 18, so that the penalties for the violation

5 of the provision of such chapter 40 are the same as the

6 penalties for a comparable violation of such chapter 44.

7 SEC. 8. FORFEITURE OF INSTRUMENTALITIES OF EXPLO8 SIVES OFFENSES.

9 (a) CIVIL FORFEITURE.—Section 981(a)(1) of title

10 18, United States Code, is amended by adding at the end

11 the following:

12 ‘‘(G) Any property, real or personal, involved in

13 a violation of chapter 40 (relating to importation,

14 manufacture, distribution, and storage of explosive

15 materials), or in a conspiracy to commit such a vio16 lation, and any other property traceable to such

17 property.’’.

18 (b) CRIMINAL FORFEITURE.—Section 982(a) of such

19 title is amended by inserting the following:

20 ‘‘(6) The court, in imposing a sentence on a person

21 convicted of a violation of chapter 40 or of conspiring to

22 commit such a violation, shall order the person to forfeit
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1 to the United States any property, real or personal, in2 volved in the violation or in the conspiracy, and any other

3 property traceable to such property.’’.

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