TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. PARTICIPATION OF TAIWAN IN THE WORLD HEALTH ORGANIZATION.

    (a) Findings.--Congress makes the following findings:
            (1) The World Health Organization (WHO) is a specialized 
        agency of the United Nations, charged with coordinating health 
        efforts within the United Nations system. The World Health 
        Assembly (WHA) is the decision-making body of the WHO, which 
        convenes annually in May to set the policies and priorities of 
        the organization. Statehood is not a requirement for attendance 
        at the WHA, and numerous observers, including non-members and 
        non-governmental organizations, attended the most recent WHA in 
        May 2017.
            (2) Taiwan began seeking to participate in the WHO as an 
        observer in 1997. In 2009, with strong support from successive 
        United States Administrations, Congress, and like-minded WHO 
        Member States, and during a period of improved Cross-Strait 
        relations, Taiwan received an invitation to attend the WHA as 
        an observer under the name ``Chinese Taipei''. Taiwan received 
        the same invitation each year until 2016, when following the 
        election of President Tsai-Ing Wen of the Democratic 
        Progressive Party, Taiwan's engagement in the international 
        community began facing increased resistance from the People's 
        Republic of China (PRC). Taiwan's invitation to the 2016 WHA 
        was received late and included new language conditioning 
        Taiwan's participation on the PRC's ``one China principle''. In 
        2017, Taiwan did not receive an invitation to the WHA.
            (3) Taiwan remains a model contributor to world health, 
        having provided financial and technical assistance to respond 
        to numerous global health challenges. Taiwan has invested over 
        $6 billion in international medical and humanitarian aid 
        efforts impacting over 80 countries since 1996. In 2014, Taiwan 
        responded to the Ebola crisis by donating $1 million and 
        providing 100,000 sets of personal protective equipment. 
        Through the Global Cooperation and Training Framework, the 
        United States and Taiwan have jointly conducted training 
        programs for experts to combat MERS, Dengue Fever, and Zika. 
        These diseases know no borders, and Taiwan's needless exclusion 
        from global health cooperation increases the dangers presented 
        by global pandemics.
            (4) Taiwan's international engagement has faced increased 
        resistance from the PRC. Taiwan was not invited to the 2016 
        Assembly of the International Civil Aviation Organization 
        (ICAO), despite participating as a guest at the organization's 
        prior summit in 2013. Taiwan's request to participate in the 
        2016 General Assembly of the International Criminal Police 
        Organization (INTERPOL) was also rejected. In May 2017, PRC 
        delegates disrupted a meeting of the Kimberley Process on 
        conflict diamonds held in Perth, Australia, until delegates 
        from Taiwan were asked to leave. In June 2017, the Republic of 
        Panama granted diplomatic recognition to the PRC, terminating a 
        longstanding diplomatic relationship with Taiwan.
            (5) Congress has established a policy of support for 
        Taiwan's participation in international bodies that address 
        shared transnational challenges, particularly in the WHO. 
        Congress passed H.R. 1794 in the 106th Congress, H.R. 428 in 
        the 107th Congress, and S. 2092 in the 108th Congress to direct 
        the Secretary of State to establish a strategy for, and to 
        report annually to Congress on, efforts to obtain observer 
        status for Taiwan at the WHA. Congress also passed H.R. 1151 in 
        the 113th Congress, directing the Secretary to report on a 
        strategy to gain observer status for Taiwan at the ICAO 
        Assembly, and H.R. 1853 in the 114th Congress, directing the 
        Secretary to report on a strategy to gain observer status for 
        Taiwan at the INTERPOL Assembly. However, in 2016 Taiwan did 
        not receive invitations to attend any of these events as an 
        observer.
    (b) Augmentation of Report Concerning the Participation of Taiwan 
in the World Health Organization.--
            (1) In general.--Subsection (c) of section 1 of Public Law 
        108-235 (118 Stat. 656) is amended by adding at the end the 
        following new paragraph:
            ``(3) An account of the changes and improvements the 
        Secretary of State has made to the United States plan to 
        endorse and obtain observer status for Taiwan at the World 
        Health Assembly, following any annual meetings of the World 
        Health Assembly at which Taiwan did not obtain observer 
        status.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect and apply beginning with the first report 
        required under subsection


              

         (c) of section 1 of Public Law 108-235 that is submitted after 
        the date of the enactment of this Act.

            Passed the House of Representatives January 9, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

SOLUTION:  (Sec. 1) This bill requires the annual reports submitted by the Department of State to Congress concerning the U.S. plan to endorse and obtain observer status for Taiwan at the annual summit of the World Health Assembly (WHA) held by the World Health Organization in Geneva, Switzerland, to include an account of the changes and improvements that the State Department has made to such plan following any annual meetings of the WHA at which Taiwan did not obtain such status. 

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Helping Those Who Serve Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Increasing numbers of members of the Armed Forces 
        serving in Afghanistan and Iraq are suffering from the 
        significant injuries of the current conflict: post traumatic 
        stress disorder and traumatic brain injury (hereafter in this 
        Act referred to as ``PTSD'' and ``TBI'', respectively) .
            (2) A recent report by the RAND Corporation estimated that 
        of the 1.64 million individuals who have been deployed to 
        Afghanistan and Iraq, approximately 300,000 individuals 
        currently suffer from PTSD or major depression and that 320,000 
        report having a probable TBI during deployment.
            (3) The need for mental health services is likely to 
        increase because deployment lengths have increased in the last 
        year, the number of troops who have served in multiple 
        deployments is increasing, and the breaks between deployments 
        have been infrequent.
            (4) Several experts have noted the difficulties faced by 
        members of the Armed Forces in getting screened, diagnosed, and 
        treated for PTSD and TBI. The RAND report found that, of those 
        who met diagnostic criteria for PTSD or major depression, only 
        53 percent had seen a physician or mental health provider to 
        seek help for a mental health problem in the past 12 months.
            (5) Stigma remains a critical barrier to members of the 
        Armed Forces who may be in need of psychological care, 
        especially fears that seeking mental health care will lower the 
        confidence of others in their abilities, threaten career 
        advancement and security clearances, and possibly cause removal 
        from their unit.
            (6) Stigma may be greatest among those individuals with the 
        greatest need for mental health services.
            (7) To combat stigma, the Mental Health Task Force of the 
        Department of Defense and others have noted the need for the 
        Department to reexamine its policies, including those policies 
        related to command notification or self-disclosure of 
        psychological health issues that contribute to fears that 
        seeking mental health care will negatively affect career 
        opportunities or advancement.
            (8) The Mental Health Task Force stated that this 
        ``widespread perception that seeking psychological health 
        services is costly to an individual's career . . . must be 
        challenged through thoughtful refinements in command 
        notification policies, including redefining the balance between 
        the need to encourage those in need to seek help and the need 
        for commanders to know in order to maintain force readiness''.
            (9) Congress recognizes that much change is under way to 
        implement numerous recommendations to address concerns that 
        soldiers in need of mental health services for PTSD and other 
        conditions are not receiving, including efforts led by the 
        Department of Defense and the Department of Veterans Affairs.
            (10) However, without addressing stigma at all levels, 
        including structurally, these laudable efforts may not 
        accomplish their goals.
            (11) In its July 2007 report, the Mental Health Task Force 
        called for ending overly conservative policies that have the 
        unintentional consequence of fueling erroneous beliefs that 
        seeking psychological health care invariably results in 
        permanent damage to one's military career. For example, the 
        Task Force called for allowing, in the case of alcohol use by a 
        member of the Armed Forces, for the member to receive 
        appropriate and non-prejudicial education and preventive 
        services, without a requirement for command notification, when, 
        in a clinician's judgment, the alcohol use does not warrant a 
        diagnosis of substance abuse or dependency or does not require 
        entry into a formal treatment program.
            (12) In May, responding to some of these concerns, 
        Secretary of Defense Robert Gates reportedly approved a change 
        in the Department's security clearance process to help remove 
        the stigma associated with seeking mental health care. Under 
        the change, members of the Armed Forces and employees of the 
        Department of Defense who have received mental health care will 
        no longer have to acknowledge that when they fill out standard 
        security clearance forms, unless the treatment was court-
        ordered or involved violence.
            (13) Congress encourages the Department to explore further 
        changes to notification and other policies to further reduce 
        stigma among members of the Armed Forces, especially as it 
        relates to career opportunities.

SEC. 3. MENTAL HEALTH SERVICES ACCESS DEMONSTRATION PROJECT.

    (a) Demonstration Project Required.--The Secretary of Defense shall 
conduct a demonstration project designed to develop and test options 
for the following:
            (1) Increasing access of members of the Armed Forces 
        returning from deployment abroad, and family members of such 
        members, to accessible, safe, and confidential mental health 
        counseling.
            (2) Reducing stigma and perceived career repercussions 
        associated with such members seeking such services.
            (3) Making high quality mental health services more user 
        friendly and accessible for members of the Armed Forces and 
        their family members, including making services available 
        outside standard working hours.
    (b) Purpose.--The purpose of the demonstration project is to 
provide high-quality treatment, using (to the extent practicable) 
evidence-based treatment, for a broad range of mental health 
conditions, including post-traumatic stress disorder and depression, 
with the goal of early intervention to promote effective coping and 
resilience.
    (c) Duration of Project.--The demonstration project authorized by 
this section shall be implemented for a period of three years beginning 
not later than one year after the date of the enactment of this Act.

SEC. 4. SPECIAL WORKING GROUP ON CONFIDENTIALITY.

    (a) Establishment.--The Secretary of Defense, acting through the 
Assistant Secretary of Defense for Health Affairs, shall establish a 
Special Working Group, which shall be composed of mental health 
professionals from each of the Armed Forces, officials from the Surgeon 
General Offices at each Armed Force, members of the Armed Forces who 
have been deployed in support of Operation Enduring Freedom or 
Operation Iraqi Freedom, and other members as determined appropriated 
by the Assistant Secretary.
    (b) Appointment.--The Secretary shall make every effort to appoint 
members of the working group not later than 60 days after the date of 
the enactment of this Act.
    (c) Purpose.--The Special Working Group shall develop guidelines 
and make recommendations about regulations to ensure that 
confidentiality is protected to the maximum extent possible for members 
of the Armed Forces participating in the demonstration project.
    (d) Specific Duties.--In addition to such other duties as the 
Secretary may assign to the Working Group, the duties of the Working 
Group shall include the following:
            (1) Review of requirements for documentation of health care 
        visits.--The review of current policies, questionnaires, and 
        other relevant documents that require official documentation of 
        health care visits by a member of the Armed Forces seeking 
        mental health services, including when access to such services 
        must be documented in the personnel record of a member.
            (2) Criteria for changes to command notification.--The 
        development of guidelines and criteria for the demonstration 
        project to address any needed changes to military command 
        notification requirements to ensure that a visit to an off-base 
        treatment site by a member of the Armed Forces for mental 
        health services is not recorded on any military medical or 
        other record of the member, except in accordance with 
        guidelines developed under paragraph (3).
            (3) Guidelines for breach of confidentiality.--The 
        development of guidelines for the demonstration project to 
        address the circumstances under which the confidentiality 
        protections afforded to a member of the Armed Forces 
        participating in the demonstration project may be breached and 
        notification to military commanders and documentation in 
        personnel records may be made. Such guidelines shall provide, 
        in general, that confidentiality may be broken only if a mental 
        health professional determines that the member is a threat to 
        the member or to another person.
            (4) Criteria to limit access to treatment records.--The 
        development of criteria for the demonstration project for 
        limiting access to the treatment records of members of the 
        Armed Forces treated at the demonstration locations, including 
        when to allow, if appropriate, appropriate access and 
        notification to military commanders consistent with guidelines 
        developed under paragraph (3).
            (5) Criteria for fitness for duty.--The development of 
        criteria for determining fitness for duty and deployment for a 
        member of the Armed Forces that does not depend solely on the 
        number of visits to mental health providers by the member.
            (6) Guidelines for payment.--The development of guidelines 
        for ensuring that demonstration sites under the demonstration 
        project receive payment from the Department of Defense for 
        treating members of the Armed Forces notwithstanding any 
        requirements of the Department that prohibit such payments 
        without certain commander notification or personnel 
        documentation requirements.
            (7) Changes related to disclosure of services received 
        under project.--The provision of changes as necessary to ensure 
        that those receiving care at demonstration locations are not 
        required to reveal any services they receive at these locations 
        on any military form or questionnaire, except to comply with 
        any guidelines developed under paragraph (3).
            (8) Standards to assess effectiveness of project.--The 
        development of evaluation standards and criteria to use to 
        assess the effectiveness of the demonstration project in 
        increasing access to care, decreasing stigma, and improving 
        high quality mental health care provided to members of the 
        Armed Forces. As appropriate, the evaluation should be 
        structured to include both pre- and post-demonstration 
        assessments of changes in--
                    (A) access and utilization of care;
                    (B) costs of care;
                    (C) outcomes of care;
                    (D) member satisfaction with access to and quality 
                of care; and
                    (E) impact on the ability of military commanders to 
                determine member fitness for duty and deployability.
    (e) Submission of Plan and Deadline.--
            (1) Plan.--The Special Working Group shall submit to the 
        Secretary of Defense a plan with details on the implementation 
        and evaluation of the demonstration project. After approval of 
        the plan by the Secretary, the Special Working Group shall 
        submit to Congress the plan.
            (2) Deadline.--All duties of the Special Working group, 
        including submission of the plan under paragraph (1), shall be 
        completed before selection of any site of the demonstration 
        project under section 3 but in no case shall the date of 
        completion of such duties be later than one year after the date 
        of the enactment of this Act.
    (f) Application of Guidelines and Recommendations.--The guidelines 
and other recommendations, including changes and standards, developed 
by the Special Working Group under this section shall be applicable 
only to the demonstration project unless the Secretary of Defense 
determines otherwise.

SEC. 5. ADVISORY GROUP FOR OVERSIGHT OF DEMONSTRATION PROGRAM.

    (a) Establishment.--The Secretary of Defense shall establish an 
advisory group of qualified individuals to oversee implementation of 
the demonstration project.
    (b) Duties.--The advisory group shall--
            (1) ensure that the demonstration project adheres to the 
        guidelines developed by the Special Working Group under section 
        4;
            (2) ensure that plans for implementing the demonstration at 
        selected sites are developed and include--
                    (A) outreach strategies to ensure that participants 
                in the project are informed about the availability of 
                the programs being provided under the project; and
                    (B) a plan for training and certifying mental 
                health providers as well as the development of 
                strategies and settings, including settings that are 
                not located at military treatment facilities, where 
                care can be offered;
            (3) ensure that the demonstration project has detailed 
        evaluation plans, using the criteria and standards developed by 
        the Special Working Group; and
            (4) ensure that independent evaluations of the 
        demonstration project are conducted in accordance with the 
        guidelines developed by the Special Working Group, and that the 
        results of those evaluations are provided to the Secretary of 
        Defense.

SEC. 6. REPORTS ON DEMONSTRATION PROJECT.

    (a) Reports Required.--
            (1) In general.--The Secretary of Defense shall submit to 
        the Committees on Armed Services of the Senate and the House of 
        Representatives two reports on the demonstration project.
            (2) First report.--The first report shall examine and 
        assess the plan developed by the Special Working Group under 
        section 4(e)(1) for implementation and evaluation of the 
        demonstration project.
            (3) Second report.--The second report shall include the 
        following:
                    (A) The results of the demonstration project, 
                evaluated in accordance with the guidelines and other 
                criteria, changes, and standards developed by the 
                Special Working Group.
                    (B) Recommendations on whether any of the policy 
                changes tested in the demonstration project should be 
                adopted throughout the Department of Defense.
                    (C) A plan to ensure that each member of the Armed 
                Forces participating in the demonstration project 
                continues to have access to mental health services and 
                providers after the conclusion of the demonstration 
                project.
    (b) Deadlines.--The first report under this section shall be 
submitted not later than one year after the date the demonstration 
project begins to be implemented. The second report shall be submitted 
at the completion of the demonstration project.

SEC. 7. STUDY AND REPORT ON RETENTION OF MILITARY MENTAL HEALTH 
              PROFESSIONALS.

    (a) Study.--The Secretary of Defense, in consultation with the 
Surgeon General of each branch of the Armed Forces, shall conduct a 
study to determine the reasons for attrition among military mental 
health professionals and to make recommendations to increase 
recruitment and retention of military mental health professionals, such 
as through scholarships, loan forgiveness, or updates in current 
recruiting bonuses.
    (b) Report.--Not later than six months after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on the study conducted and recommendations made under 
subsection (a), including--
            (1) the estimated cost of implementing each such 
        recommendation;
            (2) with respect to each branch of the Armed Forces, an 
        estimate of the existing number of military mental health 
        professionals and the estimated number of such professionals 
        required to meet demand, including for future years, for mental 
        health services; and
            (3) any recommendations for legislative changes necessary 
        to implement the recommendations made under such study.
    (c) Military Mental Health Professional Defined.--For purposes of 
this section, the term ``military mental health professional'' means a 
mental health professional who provides mental health services to 
members of the Armed Forces, whether such professional is a member of 
the Armed Forces, an employee of the Department of Defense, or a 
contractor of the Department of Defense.

SOLUTION: Helping Those Who Serve Act - Directs the Secretary of Defense to conduct a demonstration project (project) designed to: (1) increase access of members of the Armed Forces (members) returning from deployment abroad, and their families, to accessible, safe, and confidential mental health counseling; (2) reduce the stigma and career repercussions associated with seeking such services; and (3) make high-quality mental health services more user-friendly to such members and their families.

Requires the Secretary to: (1) establish a Special Working Group to develop guidelines and recommendations to ensure the protection of confidentiality for members participating in the project; (2) establish an advisory group to oversee project implementation; (3) submit project reports to the congressional defense committees; and (4) conduct a study of reasons for attrition among military mental health professionals, and make recommendations to increase the recruitment and retention of such individuals.

PROBLEM: 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 required;
            (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 and Pan 
        Am Flight 103 and a series of bombings in western New York 
        State demonstrate the grave dangers of bomb attacks;
            (5) effective regulation of interstate commerce in 
        explosives is possible only with changes in the regulatory 
        framework;
            (6) explosive materials, by their nature, are composed of 
        numerous different substances, many of which have travelled in 
        interstate or foreign commerce; 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.

                        TITLE I--GENERAL REFORMS

SEC. 101. 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 transported, 
                or receive any explosive materials; or
                    ``(B) to distribute explosive materials to any 
                person other than a licensee or permittee.''; and
            (2) in subsection (b)--
                    (A) by adding ``or'' at the end of paragraph (1);
                    (B) by striking ``; or'' at the end of paragraph 
                (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 enactment of this Act.
    (c) Regulations.--
            (1) In general.--Not later than 6 months after the date of 
        the enactment of this Act, the Secretary 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 regulations 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 permit shall pay for each 
        permit a fee established by the Secretary that shall not exceed 
        $100.''.

SEC. 103. USE OF NATIONAL INSTANT CRIMINAL BACKGROUND 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 Prevention Act to investigate each applicant for a 
license or permit under chapter 40 of title 18, United States Code.

SEC. 104. REQUIREMENTS FOR PURCHASES OF BLACK POWDER AND SMOKELESS 
              POWDER.

    (a) In General.--Section 845 of title 18, United States Code, is 
amended--
            (1) in subsection (a)(4), by striking ``and components 
        thereof'';
            (2) in subsection (a)(5), by striking ``commercially 
        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 subsections (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 exceed 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 sentencing 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 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 penalties 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 materials to a place of storage or would be unsafe to 
store them, the seizing officer may destroy the explosive materials 
forthwith. Any destruction under this paragraph shall be in the 
presence of at least 1 credible witness. The seizing officer shall make 
a report of the seizure and take such samples as the Secretary may by 
regulation prescribe.
    ``(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 
establishes to the satisfaction of the Secretary that the seizure 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 EXPLOSIVES 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 violation, 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, involved 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 Explosives' means the 
Convention on the Marking of Plastic Explosives 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 homogeneous distribution in the finished 
explosive, including--
            ``(1) Ethylene glycol dinitrate 
        (EGDN),C&lt;INF&gt;2H&lt;INF&gt;4(NO&lt;INF&gt;3)&lt;INF&gt;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), 
        C&lt;INF&gt;6H&lt;INF&gt;12(NO&lt;INF&gt;2)&lt;INF&gt;2, molecular weight 176, when the 
        minimum concentration in the finished explosive is 0.1 percent 
        by mass;
            ``(3) Para-Mononitrotoluene (p-MNT), 
        C&lt;INF&gt;7H&lt;INF&gt;7NO&lt;INF&gt;2, molecular weight 137, when the minimum 
        concentration in the finished explosive is 0.5 percent by mass;
            ``(4) Ortho-Mononitrotoluene (o-MNT), 
        C&lt;INF&gt;7H&lt;INF&gt;7NO&lt;INF&gt;2, 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 pressure less than 10&lt;SUP&gt;-4 Pascals at 
a temperature of 25 deg. Celsius, is formulated with a binder material, 
and is as a mixture 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 manufacture any 
plastic explosive which does not contain a detection agent.
    ``(m)(1) It shall be unlawful for any person to import or bring 
into the United States, or export from the United States, any plastic 
explosive which does not contain a detection agent.
    ``(2) Paragraph (1) shall not apply to the importation or bringing 
into the United States, or the exportation from the United States, of 
any plastic explosive which was imported, brought into, or manufactured 
in the United States before the effective date of this subsection by or 
on behalf of any agency of the United States performing military or 
police functions (including any military reserve component) or acting 
on behalf of the National Guard of any State, not later than 15 years 
after the date of entry into force of the Convention on the Marking of 
Plastic Explosives, with respect to the United States.
    ``(n)(1) It shall be unlawful for any person to ship, transport, 
transfer, receive, or possess any plastic explosive which does not 
contain a detection agent.
    ``(2) Paragraph (1) shall not apply to--
            ``(A) the shipment, transportation, transfer, receipt, or 
        possession of any plastic explosive which was imported, brought 
        into, or manufactured in the United States before the effective 
        date of this subsection by any person during a period not 
        exceeding 3 years after such effective date; or
            ``(B) the shipment, transportation, transfer, receipt, or 
        possession of any plastic explosive, which was imported, 
        brought into, or manufactured in the United States before the 
        effective date of this subsection by or on behalf of any agency 
        of the United States performing a military or police function 
        (including any military reserve component) or by or on behalf 
        of the National Guard of any State, not later than 15 years 
        after the date of entry into force of the Convention on the 
        Marking of Plastic Explosives, with respect to the United 
        States.
    ``(o) It shall be unlawful for any person, other than an agency of 
the United States (including any military reserve component) or the 
National Guard of any State, possessing any plastic explosive on the 
effective date of this subsection to fail to report to the Secretary 
within 120 days after the effective date of this subsection the 
quantity of such explosives possessed, the manufacturer or importer, 
any marks of identification on such explosives, and such other 
information as the Secretary may by regulations prescribe.''.

SEC. 203. CRIMINAL SANCTIONS.

    Section 844(a) of title 18, United States Code, is amended to read 
as follows:
    ``(a) Any person who violates subsections (a) through (i) or (l) 
through (n) of section 842 shall be fined under this title, imprisoned 
not more than 10 years, or both.''.

SEC. 204. EXCEPTIONS.

    Section 845 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(l), (m), (n), and (o) of 
                section 842 and subsections'' after ``subsections''; 
                and
                    (B) in paragraph (1), by inserting ``and which 
                pertains to safety'' before the semicolon; and
            (2) by adding at the end the following:
    ``(c)(1) It is an affirmative defense against any proceeding 
involving subsection (l), (m), (n), or (o) of section 842 if the 
defendant proves by a preponderance of the evidence that the plastic 
explosive--
            ``(A) consisted of a small amount of plastic explosive 
        intended for and utilized solely in lawful--
                    ``(i) research, development, or testing of new or 
                modified explosive materials;
                    ``(ii) training in explosives detection or 
                development or testing of explosives detection 
                equipment; or
                    ``(iii) forensic science purposes; or
            ``(B) was plastic explosive which, within 3 years after the 
        date of entry into force of the Convention on the Marking of 
        Plastic Explosives, with respect to the United States, will be 
        or is incorporated in a military device within the territory of 
        the United States and remains an integral part of such military 
        device, or is intended to be, or is incorporated in, and 
        remains an integral part of a military device that is intended 
        to become, or has become, the property of any agency of the 
        United States performing military or police functions 
        (including any military reserve component) or the National 
        Guard of any State, wherever such device is located.
    ``(2) For purposes of paragraph (1), the term `military device' 
includes shells, bombs, projectiles, mines, missiles, rockets, shaped 
charges, grenades, perforators, and similar devices lawfully 
manufactured exclusively for military or police purposes.''.

SEC. 205. INVESTIGATIVE AUTHORITY.

    Section 846 of title 18, United States Code, is amended--
            (1) by inserting ``(a)'' before ``The'';
            (2) in the last sentence, by inserting ``subsection (m) or 
        (n) of section 842 or'' before ``subsection''; and
            (3) by adding after and below the end the following:
    ``(b) The Attorney General shall exercise authority over violations 
of subsections (m) or (n) of section 842 only when they are committed 
by a member of a terrorist or revolutionary group. In any matter 
involving a terrorist or revolutionary group or individual, as 
determined by the Attorney General, the Attorney General shall have 
primary investigative responsibility and the Secretary shall assist the 
Attorney General as requested.''.

SEC. 206. EFFECTIVE DATE.

    The amendments made by this title shall take effect 1 year after 
the date of the enactment of this Act.

SOLUTION:
Bombing Prevention Act - 
Title I:  General Reforms
 - Amends the Federal criminal code to prohibit the transport, shipment, or receipt of explosive materials without a permit or the distribution of explosive materials to anyone other than a licensee or permittee. 
Directs the Secretary of the Treasury to notify the States of the regulations so that they may consider revising their explosives laws. 
(Sec. 102) Requires applicants for licenses and user permits to import, manufacture, or deal in explosive materials to provide fingerprints and a photograph.  Sets fees of up to $200 for an applicant for a license and up to $100 for an applicant for a permit.  (Currently, the fee is up to $200 for each license or permit.) 
(Sec. 103)  Authorizes the Secretary to use the national instant criminal background check system established under the Brady Handgun Violence Prevention Act to investigate applicants for licenses or permits. 
(Sec. 104) Repeals exceptions from specified explosive materials requirements with respect to components of small arms ammunition and small quantities of black powder or smokeless powder. 
(Sec. 105) Directs the U.S. Sentencing Commission to promulgate amendments to the sentencing guidelines to appropriately enhance the penalties for violations of Federal explosive materials provisions so that such penalties are the same as those for comparable violations of Federal firearms laws. 
(Sec. 106) Permits:  (1) the destruction of seized explosives that are unsafe under specified circumstances; and (2) the owner to apply to the Secretary for reimbursement of any destroyed property where the claimant establishes that the seizure was wrongful. 
(Sec. 107) Subjects to civil forfeiture (with exceptions) any property involved in a violation of explosive materials provisions, or in a conspiracy to commit such a violation, and any other property traceable to such property. 
Directs the court to order a person convicted of a violation of Federal explosive materials provisions or of conspiring to commit such a violation to forfeit any property involved and any traceable property. 
Title II:  Plastic Explosives
 - Prohibits the manufacture, import, export, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent (with exceptions).  Authorizes the Secretary to investigate violations.  Directs the Attorney General to exercise authority over such violations only when they are committed by a member of a terrorist or revolutionary group (in which case the Attorney General shall have primary investigative responsibility and the Secretary shall assist as requested). 
Prohibits any person possessing any plastic explosive, other than an agency of the United States or the National Guard of any State, from failing to report to the Secretary the quantity of such explosive possessed, the manufacturer or importer, and any identifying marks on such explosives. 
(Sec. 203) Provides for a fine and up to ten years' imprisonment for violations of Federal explosive materials laws. 
(Sec. 204) Sets forth affirmative defenses for Federal explosive materials laws.