IB 
Union Calendar No. 405
107TH CONGRESS 
2D SESSION 
H. R. 4864
[Report No. 107–658] 
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 
SEPTEMBER 17, 2002
Additional sponsors: Mr. PENCE, Mr. KELLER, Mr. SCHIFF, Mr. GALLEGLY, 
Ms. BALDWIN, Mr. GREEN of Wisconsin, and Mrs. JOHNSON of Connecticut 
SEPTEMBER 17, 2002
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 5, 2002] 
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 limited 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 inserting 
the following: 
‘‘(3) other than a licensee or permittee, know-
ingly—
‘‘(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 receive ex-
plosive materials on 4 or fewer occasions pursu-
ant to regulations prescribed by the Secretary.’’; 
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 respon-
sible person with respect to the applicant. In this 
section, the term ‘responsible person’ means, with 
respect to an applicant, an individual who has 
the power to direct the management and policies 
of the applicant pertaining to explosive mate-
rials’’ 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 per-
mit 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 renewal of 
a limited permit, the verification requirement of sub-
section (b)(5) may be satisfied by inspection or such 
other means as the Secretary deems appropriate) 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 responsible 
person with respect to the applicant) is not a person 
who is prohibited from receiving, distributing, trans-
porting, or possessing explosive materials under sub-
section (d) or (i) of section 842;’’; 
(2) by redesignating paragraphs (2) through (5) 
as paragraphs (3) through (6), respectively, and in-
serting 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 un-
lawful under section 842(i);’’; 
(3) in paragraph (5) (as so redesignated)—
(A) by inserting ‘‘the Secretary has verified 
by inspection that’’ before ‘‘the applicant’’; 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 APPLICA-
TION.—Section 843(c) of such title is amended by striking 
‘‘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 fol-
lowing: 
‘‘(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 authorized
by the employer to possess explosive materials in the course 
of employment with the employer, the Secretary shall deter-
mine whether possession of explosives by the responsible per-
son or the employee, as the case may be, would be unlawful 
under section 842(i). In making the determination, the Sec-
retary may take into account a letter or document issued 
under paragraph (2) of this subsection. 
‘‘(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 deter-
mination and issue to the responsible person or the em-
ployee, as the case may be, a letter of clearance which con-
firms the determination. 
‘‘(B) If the Secretary determines that possession of ex-
plosives by the responsible person or the employee would 
be unlawful under section 842(i), the Secretary shall notify 
the employer in writing or electronically of the determina-
tion and issue to the responsible person or the employee, 
as the case may be, a document which confirms the deter-
mination, explains the grounds for the determination, pro-
vides information on how the disability may be relieved, 
and explains how the determination may be appealed.’’.
(i) EFFECTIVE DATE.—The amendments made by this 
section shall take effect 180 days after the date of enactment 
of this Act. 
(j) ELECTRONIC RECORDS.—Not later than one year 
after the effective date of this Act, the Secretary of the Treas-
ury shall maintain an electronic record of each license, user 
permit, or limit permit issued or renewed under section 843 
of title 18, United States Code, on or after one year after 
the effective date 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 manage-
ment and policies of a corporation, partner-
ship, or association licensed under section 
843(a), and shipping, transporting, pos-
sessing or receiving explosive materials re-
lates 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 shipping, 
transporting, possessing, or receiving explo-
sive materials is in furtherance of the mili-
tary purpose; 
‘‘(iv) lawfully present in the United 
States in cooperation with the Director of 
Central Intelligence, and the shipment, 
transportation, receipt, or possession of the 
explosive materials is in furtherance of such 
cooperation.’’. 
(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 prohibited 
from shipping, transporting, receiving, or possessing 
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 mate-
rials or to identification of the ammonium nitrate. The Sec-
retary shall, by regulation, provide for the reimbursement 
of the fair market value of samples furnished pursuant 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’’.
Union Calendar No. 405
107TH CONGRESS 
2D SESSION 
H. R. 4864
[Report No. 107–658] 
A BILL 
To combat terrorism and defend the Nation against 
terrorist acts, and for other purposes. 
SEPTEMBER 17, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed