I
107TH CONGRESS
1ST SESSION
H. R. 3091
To combat terrorism and defend the Nation against terrorist acts involving
the illegal acquisition of explosives by dangerous criminals, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 11, 2001
Mr. BLAGOJEVICH 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 involving the illegal acquisition of explosives by dan-
gerous criminals, 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 Control Act of 2001’’.
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TITLE IV—ADDITIONAL LAW
ENFORCEMENT AUTHORITY
SEC. 402. 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 law-
ful purpose, who has obtained either a user permit or a
limited permit under the provisions of this chapter.’’
(b) PERMITS FOR PURCHASE OF EXPLOSIVES.—Sec-
tion 842 of title 18, United States Code, is amended—
(1) in subsection (a)(2), by striking ‘‘and’’;
(2) by striking subsection (a)(3) and inserting
new subsections (a)(3) and (a)(4) to read as follows:
‘‘(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
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‘‘(B) to receive explosive materials from a
licensee or permittee whose premises are located
within the holder’s State of residence on more
than four occasions different from one another,
pursuant to regulations implemented by the
Secretary.’’;
(3) by amending subsection (b) to read as fol-
lows:
‘‘(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.’’; and
(4) in the first sentence of subsection (f), by in-
serting ‘‘, other than a holder of a limited permit,’’
after ‘‘permittee’’.
(c) LICENSES AND USER PERMITS.—Section 843(a)
of title 18, United States Code, is amended—
(1) by inserting ‘‘or limited permit’’ after ‘‘user
permit’’ in the first sentence;
(2) by inserting ‘‘, including the names of and
appropriate identifying information regarding all
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employees who will possess explosive materials, as
well as fingerprints and a photograph of the appli-
cant (including, in the case of a corporation, part-
nership, or association, any individual possessing, di-
rectly or indirectly, the power to direct or cause the
direction of the management and policies of the cor-
poration, partnership, or association)’’ before the pe-
riod at the end of the first sentence; and
(3) by striking the third sentence and inserting
‘‘Each license or user permit shall be valid for no
longer than three years from date of issuance and
each limited permit shall be valid for no longer than
one year from date of issuance. Each license or per-
mit shall be renewable upon the same conditions and
subject to the same restrictions as the original li-
cense or permit and upon payment of a renewal fee
not to exceed one-half of the original fee.’’.
(d) CRITERIA FOR APPROVING LICENSES AND PER-
MITS.—Section 843(b) of title 18, United States Code, is
amended—
(1) by redesignating paragraphs (2), (3), (4),
and (5), as paragraphs (3), (4), (5), and (6), respec-
tively, and inserting a new paragraph (2) to read as
follows:
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‘‘(2) none of the employees of the applicant who
will 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) of this chapter;’’;
(2) by striking the word ‘‘and’’ at the end of
paragraph (5), as redesignated;
(3) by striking the period at the end of para-
graph (6), as redesignated, and inserting ‘‘; and’’;
and
(4) by adding a new paragraph (7) to read as
follows:
‘‘(7) in the case of a limited permit, the appli-
cant has certified in writing that he or she will not
receive explosive materials on more than four occa-
sions different from one another during the 12-
month period for which the limited permit is valid.’’.
(e) INSPECTION AUTHORITY.—Section 843(f) of title
18, United States Code, is amended—
(1) in the first sentence—
(A) by striking ‘‘permittees’’ and inserting
‘‘holders of user permits’’, and
(B) by inserting ‘‘licensees and permittees’’
before the words ‘‘shall submit’’; and
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(2) in the second sentence, by striking ‘‘per-
mittee’’ the first time it appears and inserting ‘‘hold-
er of a user permit’’.
(f) POSTING OF PERMITS.—Section 843(g) of title
18, United States Code, is amended by inserting ‘‘user’’
before ‘‘permits’’.
(g) EFFECTIVE DATE.—The amendments made by
this section shall take effect 180 days after the date of
enactment of this Act.
SEC. 403. PERSONS PROHIBITED FROM RECEIVING OR POS-
SESSING EXPLOSIVE MATERIALS.
(a) DISTRIBUTION OF EXPLOSIVES.—Section 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 who has been com-
mitted to a mental institution;’’; and
(3) by adding at the end the following new
paragraphs:
‘‘(7) is an alien, other than a lawful permanent
resident alien (as that term is defined in section
101(a)(20) of the Immigration and Nationality Act)
or an alien described in subsection (q)(2);
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‘‘(8) who has been discharged from the Armed
Forces under dishonorable conditions; or
‘‘(9) who, having been a citizen of the United
States, has renounced his citizenship.’’.
(b) POSSESSION OF EXPLOSIVE MATERIALS.—Sec-
tion 842(i) of title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(3);
(2) by inserting after paragraph (4) the fol-
lowing new paragraphs:
‘‘(5) who, is an alien, other than a lawful per-
manent resident alien (as that term is defined in
section 101(a)(20) of the Immigration and Nation-
ality 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) DEFINITION.—Section 842 of title 18, United
States Code, is amended by adding at the end a new sub-
section (q) as follows:
‘‘(q) PROVISIONS RELATING TO LEGAL ALIENS.—
‘‘(1) DEFINITION.—In this subsection, the term
‘alien’ has the same meaning as in section 101(a)(3)
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of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3)).
‘‘(2) EXCEPTIONS.—Sections (d)(7) and (i)(5)
do not apply to any alien who is in lawful non-immi-
grant status, is a refugee admitted under section
207 of the Immigration and Nationality Act (8
U.S.C. 1157), or is in asylum status under section
208 of the Immigration and Nationality Act (8
U.S.C. 1158), and
‘‘(A) is a foreign law enforcement officer of
a friendly foreign government entering the
United States on official law enforcement busi-
ness;
‘‘(B) is a person having the power to direct
or cause the direction of the management and
policies of a corporation, partnership, or asso-
ciation licensed pursuant to section 843(a), and
shipping, transporting, possessing, or receiving
explosive materials related to such authority; or
‘‘(C) is a member of a NATO or other
friendly foreign military force (whether or not
admitted in a non-immigrant status) who is
present in the United States under military or-
ders for training or other authorized purpose,
and the shipping, transporting, possessing, or
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receiving explosive materials is in furtherance of
the military purpose.’’.
‘‘(3) WAIVER.—
‘‘(A) CONDITIONS FOR WAIVER.—Any indi-
vidual who has been admitted to the United
States under a non-immigrant visa may receive
a waiver from the requirements of subsection
(i)(5) if:
‘‘(i) the individual submits to the At-
torney General a petition that meets the
requirements of subparagraph (C); and
‘‘(ii) the Attorney General approves
the petition.
‘‘(B) PETITION.—Each petition under sub-
paragraph (B) shall—
‘‘(i) demonstrate that the petitioner
has resided in the United States for a con-
tinuous period of not less than 180 days
before the date on which the petition is
submitted under this paragraph; and
‘‘(ii) include a written statement from
the embassy or consulate of the petitioner,
authorizing the petitioner to acquire explo-
sives and certifying that the alien would
not, absent the application of subsection
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(i)(5), otherwise be prohibited from such
an acquisition under subsection (i).
‘‘(C) APPROVAL OF PETITION.—The Attor-
ney General shall approve a petition submitted
in accordance with this paragraph if the Attor-
ney General determines that waiving the re-
quirements of subsection (i)(5), with respect to
the petitioner—
‘‘(i) would be in the interests of jus-
tice; and
‘‘(ii) would not jeopardize the public
safety.’’.
SEC. 404. REQUIREMENT TO PROVIDE SAMPLES OF EXPLO-
SIVE MATERIALS AND AMMONIUM NITRATE.
Section 843 of title 18, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(h) Licensed manufacturers and licensed importers
and persons who manufacture or import explosive mate-
rials or ammonium nitrate shall, when required by letter
issued by the Secretary, furnish samples of such explosive
materials or ammonium nitrate, information on chemical
composition of such products, and any other information
that the Secretary determines is relevant to the identifica-
tion and classification of the explosive materials or to iden-
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tification of the ammonium nitrate. The Secretary may,
by regulation, authorize reimbursement of the fair market
value of samples furnished pursuant to this subsection, as
well as the reasonable costs of shipment.’’.
SEC. 405. DESTRUCTION OF PROPERTY OF INSTITUTIONS
RECEIVING 
FEDERAL 
FINANCIAL 
ASSIST-
ANCE.
Section 844(f)(1) of title 18, United States Code, is
amended by inserting ‘‘or any institution or organization
receiving Federal financial assistance,’’ before the word
‘‘shall’’.
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