(2) NOTICE TO STATES.—On the issuance of
regulations pursuant to paragraph (1), the Secretary
of the Treasury shall notify the States of the regula-
tions so that the States may consider revising their
explosives laws.
SEC. 102. LICENSES AND USER PERMITS.
Section 843(a) of title 18, United States Code, is
amended—
(1) by inserting ‘‘, including fingerprints and a
photograph of the applicant’’ before the period at
the end of the 1st sentence; and
(2) by striking the 2nd sentence and inserting
the following: ‘‘Each applicant for a license shall pay
for each license a fee established by the Secretary
that shall not exceed $300. Each applicant for a per-
mit shall pay for each permit a fee established by
the Secretary that shall not exceed $100.’’.
SEC. 103. USE OF NATIONAL INSTANT CRIMINAL BACK-
GROUND CHECK SYSTEM TO INVESTIGATE
APPLICANTS FOR LICENSES AND PERMITS.
The Secretary of the Treasury may use the national
instant criminal background check system established
under section 103 of the Brady Handgun Violence Preven-
tion Act to investigate each applicant for a license or per-
mit under chapter 40 of title 18, United States Code.
SEC. 104. REQUIREMENTS FOR PURCHASES OF BLACK POW-
DER AND SMOKELESS POWDER.
(a) IN GENERAL.—Section 845 of title 18, United
States Code, is amended—
(1) in subsection (a)(4), by striking ‘‘and com-
ponents thereof’’;
(2) in subsection (a)(5), by striking ‘‘commer-
cially manufactured black powder in quantities not
to exceed fifty pounds,’’; and
(3) by adding at the end the following:
‘‘(c) Except in the case of section 842(f), and sub-
sections (d), (e), (f), (g), (h), and (i) of section 844, this
chapter shall not apply to commercially manufactured
black powder or smokeless powder in quantities not to ex-
ceed 5 pounds.’’.
(b) CONFORMING
AMENDMENT.—Section 926 of
such title is amended by striking subsection (c).
SEC. 105. ENHANCED PENALTIES.
Pursuant to its authority under section 994 of title
28, United States Code, the United States Sentencing
Commission shall promulgate amendments to the sentenc-
ing guidelines to appropriately enhance the penalties for
a violation of any provision of chapter 40 of title 18, Unit-
ed States Code, the penalties for which are not as severe
as the penalties for a comparable violation of chapter 44
of such title 18, so that the penalties for the violation of
the provision of such chapter 40 are the same as the pen-
alties for a comparable violation of such chapter 44.
SEC. 106. DESTRUCTION OF SEIZED EXPLOSIVES THAT ARE
UNSAFE.
Section 844(c) of title 18, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(2) by adding after and below the end the
following:
‘‘(2) Notwithstanding paragraph (1), in the case of
the seizure of any explosive materials for any offense for
which the materials would be subject to forfeiture in which
it would be impracticable or unsafe to remove the mate-
rials to a place of storage or would be unsafe to store
them, the seizing officer may destroy the explosive mate-
rials forthwith. Any destruction under this paragraph shall
be in the presence of at least 1 credible witness. The seiz-
ing officer shall make a report of the seizure and take
such samples as the Secretary may by regulation pre-
scribe.
‘‘(3) Within 60 days after any destruction of property
pursuant to paragraph (2), the owner of (including any
person having an interest in) the property may apply to
the Secretary for reimbursement of an amount equal to
the fair market value of the property. If the claimant es-
tablishes to the satisfaction of the Secretary that the sei-
zure was wrongful, the Secretary shall make an allowance
to the claimant not exceeding the fair market value of the
property destroyed.’’.
SEC. 107. FORFEITURE OF INSTRUMENTALITIES OF EXPLO-
SIVES OFFENSES.
(a) CIVIL FORFEITURE.—Section 981(a)(1) of title
18, United States Code, is amended by adding at the end
the following:
‘‘(G) Any property, real or personal, involved in
a violation of chapter 40 (relating to importation,
manufacture, distribution, and storage of explosive
materials), or in a conspiracy to commit such a vio-
lation, and any other property traceable to such
property.’’.
(b) CRIMINAL FORFEITURE.—Section 982(a) of such
title is amended by inserting the following:
‘‘(6) The court, in imposing a sentence on a person
convicted of a violation of chapter 40 or of conspiring to
commit such a violation, shall order the person to forfeit
to the United States any property, real or personal, in-
volved in the violation or in the conspiracy, and any other
property traceable to such property.’’.
TITLE II—PLASTIC EXPLOSIVES
SEC. 201. DEFINITIONS.
Section 841 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(o) ‘Convention on the Marking of Plastic Explo-
sives’ means the Convention on the Marking of Plastic Ex-
plosives for the purpose of Detection, done at Montreal
on March 1, 1991.
‘‘(p) ‘Detection agent’ means any substance specified
or referred to in this subsection if introduced into a plastic
explosive or formulated in such explosive as a part of the
manufacturing process in such a manner as to achieve ho-
mogeneous distribution in the finished explosive, includ-
ing—
‘‘(1) 
Ethylene 
glycol 
dinitrate
(EGDN),C2H4(NO3)2, molecular weight 152, when
the minimum concentration in the finished explosive
is 0.2 percent by mass;
‘‘(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
C6H12(NO2)2, molecular weight 176, when the mini-
mum concentration in the finished explosive is 0.1
percent by mass;
‘‘(3) 
Para-Mononitrotoluene 
(p-MNT),
C7H7NO2, molecular weight 137, when the minimum
concentration in the finished explosive is 0.5 percent
by mass;
‘‘(4) 
Ortho-Mononitrotoluene 
(o-MNT),
C7H7NO2, molecular weight 137, when the minimum
concentration in the finished explosive is 0.5 percent
by mass; and
‘‘(5) any other substance in the concentration
specified by the Secretary, after consultation with
the Secretary of State and the Secretary of Defense,
which has been added to the table in part 2 of the
Technical Annex to the Convention on the Marking
of Plastic Explosives.
‘‘(q) ‘Plastic explosive’ means an explosive material
in flexible or elastic sheet form formulated with 1 or more
high explosives which in their pure form have a vapor pres-
sure less than 10¥4 Pascals at a temperature of 25° Cel-
sius, is formulated with a binder material, and is as a mix-
ture malleable or flexible at normal room temperature.’’.
SEC. 202. REQUIREMENT OF DETECTION AGENTS FOR
PLASTIC EXPLOSIVES.
Section 842 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(l) It shall be unlawful for any person to manufac-
ture any plastic explosive which does not contain a detec-
tion agent.