I
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 mate-
rials, and to prevent the use of explosives against persons
and the unlawful use of explosives against property.
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 ‘‘Bombing Prevention
Act’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the number of criminal bombing incidents
in the United States has doubled since 1988;
(2) each year, hundreds of millions of pounds of
explosives are purchased without a permit being re-
quired;
(3) about one-third of the bombs used in crime
in recent years have contained black powder or
smokeless powder as filler;
(4) the terrorist bombing of the World Trade
Center, a series of bombings in western New York
State, the bombing of the Federal building in Okla-
homa City, and the bombing in Centennial Park in
Atlanta demonstrate the grave dangers of bomb at-
tacks;
(5) effective regulation of interstate commerce
in explosives is possible only with changes in the reg-
ulatory framework;
(6) explosive materials, by their nature, are
composed of numerous different substances, many of
which have travelled in interstate or foreign com-
merce; and
(7) the protection of the safety and property of
the citizenry, including the infrastructure vital to the
conduct of interstate and foreign commerce, requires
more careful regulation of explosives transactions.
SEC. 3. PERMITS FOR PURCHASE OF EXPLOSIVES.
(a) IN GENERAL.—Section 842 of title 18, United
States Code, is amended—
(1) by amending subparagraphs (A) and (B) of
subsection (a)(3) to read as follows:
‘‘(A) to transport, ship, cause to be trans-
ported, or receive any explosive materials in
interstate or foreign commerce; or
‘‘(B) to distribute explosive materials in
interstate or foreign commerce to any person
other than a licensee or permittee.’’; and
(2) in subsection (b)—
(A) by adding ‘‘or’’ at the end of para-
graph (1);
(B) by striking ‘‘; or’’ at the end of para-
graph (2) and inserting a period; and
(C) by striking paragraph (3).
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to conduct engaged in after the
18-month period that begins with the date of the enact-
ment of this Act.
(c) REGULATIONS.—
(1) IN
GENERAL.—Not later than 6 months
after the date of the enactment of this Act, the Sec-
retary of the Treasury shall issue final regulations
with respect to the amendments made by subsection
(a), which shall take effect 18 months after such
date of enactment.
(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. 4. 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. 5. 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. 6. 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), (i), (n), and (o) of section
844, this chapter shall not apply to commercially manufac-
tured black powder or smokeless powder in quantities not
to exceed 5 pounds.’’.
(b) CONFORMING
AMENDMENT.—Section 926 of
such title is amended by striking subsection (c).
SEC. 7. 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,
United States Code, the penalties for which are not as se-
vere 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
penalties for a comparable violation of such chapter 44.
SEC. 8. 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