107TH CONGRESS
2D SESSION
H. R. 4864
To combat terrorism and defend the Nation against terrorist acts, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 5, 2002
Mr. SENSENBRENNER (for himself, Mr. CONYERS, and Mr. SMITH of Texas)
introduced the following bill; which was referred to the Committee on the
Judiciary
A BILL
To combat terrorism and defend the Nation against terrorist
acts, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Anti-Terrorism Explo-
sives 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 lim-
ited permit under this chapter.’’.
(b) PERMITS FOR PURCHASE OF EXPLOSIVES.—Sec-
tion 842 of such title is amended—
(1) in subsection (a)—
(A) in paragraph (2), by striking ‘‘and’’;
and
(B) by striking paragraph (3) and insert-
ing the following:
‘‘(3) other than a licensee or permittee,
knowingly—
‘‘(A) to transport, ship, cause to be trans-
ported, 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 trans-
ported, or receive in interstate or foreign com-
merce 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 re-
ceive explosive materials on 4 or fewer occasions
pursuant to regulations prescribed by the Sec-
retary.’’; 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 per-
son other than—
‘‘(1) a licensee;
‘‘(2) a holder of a user permit; or
‘‘(3) a holder of a limited permit who is a resi-
dent 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 regard-
ing all employees who will be authorized by the
employer to possess explosive materials, as well
as fingerprints and a photograph of each re-
sponsible person with respect to the applicant.
In this section, the term ‘responsible person’
means, with respect to an applicant, an indi-
vidual who has the power to direct the manage-
ment 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 re-
newal of a limited permit, the verification require-
ment of subsection (b)(4) may be satisfied by inspec-
tion or such other means as the Secretary deems ap-
propriate) and upon payment of a renewal fee not to
exceed 1⁄2 of the original fee.’’.
(d) CRITERIA FOR APPROVING LICENSES AND PER-
MITS.—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 cor-
poration, partnership, or association, each respon-
sible 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 author-
ized 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 appli-
cant’’; and
(B) by striking ‘‘and’’ at the end;
(4) by striking the period at the end of para-
graph (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 appli-
cant has certified in writing that the applicant will
not receive explosive materials on more than 4 dif-
ferent 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 APPLI-
CATION.—Section 843(c) of such title is amended by strik-
ing ‘‘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 author-
ized 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 re-
sponsible person or the employee, as the case may be,
would be unlawful under section 842(i). In making the de-
termination, the Secretary may take into account a letter
or document issued under paragraph (2) of this sub-
section.
‘‘(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 no-
tify the employer in writing or electronically of the deter-
mination and issue to the responsible person or the em-
ployee, as the case may be, a document which confirms
the determination, explains the grounds for the determina-
tion, provides information on how the disability may be
relieved, and explains how the determination may be ap-
pealed.’’.
(i) EFFECTIVE DATE.—The amendments made by
this section shall take effect 180 days after the date of
enactment of this Act.
SEC. 3. PERSONS PROHIBITED FROM RECEIVING OR POS-
SESSING EXPLOSIVE MATERIALS.
(a) DISTRIBUTION OF EXPLOSIVE MATERIALS.—Sec-
tion 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 para-
graph (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 de-
scribed 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 fol-
lowing:
‘‘(5) who, is an alien, other than a lawful per-
manent 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.—Sec-
tion 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 for-
eign 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 man-
agement 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, Aus-
tralia, 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-immi-
grant status), who is present in the United
States under military orders for training or
other authorized purpose, and the ship-
ping, transporting, possessing, or receiving
explosive materials is in furtherance of the
military purpose;
‘‘(iv) an employee of an intelligence
agency of a foreign country who is lawfully
present in the United States in cooperation
with the Director of Central Intelligence.’’.
(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 con-
victed of a crime punishable by imprisonment for a
term exceeding one year’’ and inserting ‘‘is prohib-
ited from shipping, transporting, receiving, or pos-
sessing any explosive’’;
(2) by striking ‘‘of such indictment or convic-
tion’’ 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 convic-
tion’’ and inserting ‘‘by such applicability’’.
SEC. 4. REQUIREMENT TO PROVIDE SAMPLES OF EXPLO-
SIVE 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 ni-
trate, and any other information that the Secretary deter-
mines is relevant to the identification of the explosive ma-
terials or to identification of the ammonium nitrate. The
Secretary shall, by regulation, provide for the reimburse-
ment of the fair market value of samples furnished pursu-
ant to this subsection, as well as the reasonable costs of
shipment.’’.
SEC. 5. DESTRUCTION OF PROPERTY OF INSTITUTIONS RE-
CEIVING 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’’.
Æ