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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Climate Change Technology Deployment
in Developing Countries Act of 2005''.

SEC. 2. CLIMATE CHANGE TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES.

Title VII of the Global Environmental Protection Assistance Act of
1989 (Public Law 101-240; 103 Stat. 2521) is amending by adding at the
end the following:

''PART C--TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES

''SEC. 731. DEFINITIONS.

''In this part:
''(1) Carbon sequestration.--The term 'carbon
sequestration' means the capture of carbon dioxide through
terrestrial, geological, biological, or other means, which
prevents the release of carbon dioxide into the atmosphere.
''(2) Greenhouse gas.--The term 'greenhouse gas' means
carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
''(3) Greenhouse gas intensity.--The term 'greenhouse gas
intensity' means the ratio of greenhouse gas emissions to
economic output.

''SEC. 732. REDUCTION OF GREENHOUSE GAS INTENSITY.

''(a) Lead Agency.--
''(1) In general.--The Department of State shall act as the
lead agency for integrating into United States foreign policy
the goal of reducing greenhouse gas intensity in developing
countries.
''(2) Reports.--
''(A) In general.--Not later than 180 days after
the date of enactment of this part and each year
thereafter, the Secretary of State shall submit to the
appropriate authorizing and appropriating committees of
Congress a report on the 25 developing countries that
are the top energy users, including for each country a
description of--
''(i) the quantity and types of energy
used;
''(ii) the greenhouse gas intensity of the
energy, manufacturing, agricultural, and
transportation sectors;
''(iii) the progress of any projects
undertaken to reduce greenhouse gas intensity;
''(iv) the potential for further projects
to reduce greenhouse gas intensity; and
''(v) obstacles to the further reduction of
greenhouse gas intensity.
''(B) Use.--
''(i) Initial report.--The Secretary of
State shall use the initial report submitted
under subparagraph (A) to establish baselines
for the developing countries with respect to
the information provided under clauses (i) and
(ii) of that subparagraph.
''(ii) Annual reports.--The Secretary of
State shall use the annual reports submitted
under subparagraph (A) to track the progress of
the developing countries with respect to
reducing greenhouse gas intensity.
''(b) Projects.--The Secretary of State, in coordination with
Administrator of the United States Agency for International
Development, shall (directly or through agreements with the World Bank,
the International Monetary Fund, the Overseas Private Investment
Corporation, and other development institutions) provide assistance to
developing countries specifically for projects to reduce greenhouse gas
intensity, including projects to--
''(1) leverage, through bilateral agreements, funds for
reduction of greenhouse gas intensity;
''(2) increase private investment in projects and
activities to reduce greenhouse gas intensity; and
''(3) expedite the deployment of technology to reduce
greenhouse gas intensity.
''(c) Focus.--In carrying out the projects, the Secretary of State
shall focus on--
''(1) promoting the rule of law, property rights, contract
protection, and economic freedom; and
''(2) increasing capacity, infrastructure, and training.
''(d) Priority.--In carrying out the projects, the Secretary of
State shall give priority to projects in the 25 developing countries
identified in the report submitted under subsection (a)(2)(A).

''SEC. 733. TECHNOLOGY INVENTORY FOR DEVELOPING COUNTRIES.

''(a) In General.--The Secretary of State, in coordination with the
Secretary of Energy, shall conduct an inventory of greenhouse gas
intensity reducing technologies that are developed, or under
development, to identify technologies that are suitable for transfer
to, deployment in, and commercialization in the developing countries
identified in the report submitted under section 732(a)(2)(A).
''(b) Report.--Not later than 180 days after the completion of the
inventory under subsection (a), the Secretary of State and the
Secretary of Energy shall jointly submit to Congress a report that--
''(1) includes the results of the completed inventory; and
''(2) identifies obstacles to the deployment of the
technologies studied.

''SEC. 734. TRADE-RELATED BARRIERS TO EXPORT OF GREENHOUSE GAS
INTENSITY REDUCING TECHNOLOGIES.

''Not later than 180 days after the date of enactment of this part,
the United States Trade Representative shall--
''(1) identify trade-related barriers maintained by foreign
countries to the export of greenhouse gas intensity reducing
technologies and practices from the United States; and
''(2) negotiate with the foreign countries for the removal
of those barriers.

''SEC. 735. GREENHOUSE GAS INTENSITY REDUCING TECHNOLOGY EXPORT
INITIATIVE.

''(a) In General.--There is established an interagency working
group to carry out a Greenhouse Gas Intensity Reducing Technology
Export Initiative to--
''(1) promote the export of greenhouse gas intensity
reducing technologies and practices from the United States;
''(2) identify developing countries that should be
designated as priority countries for the purpose of exporting
greenhouse gas intensity reducing technologies and practices,
based on the report submitted under section 732(a)(2)(A);
''(3) identify potential barriers to adoption of exported
greenhouse gas intensity reducing technologies and practices;
and
''(4) identify previous efforts to export energy
technologies to learn best practices.
''(b) Composition.--The working group shall be composed of--
''(1) the Secretary of State, who shall act as the head of
the working group;
''(2) the Administrator of the United States Agency for
International Development;
''(3) the United States Trade Representative;
''(4) a designee of the Secretary of Energy; and
''(5) a designee of the Secretary of Commerce.
''(c) Performance Reviews and Reports.--Not later than 180 days
after the date of enactment of this part and each year thereafter, the
interagency working group shall--
''(1) conduct a performance review of actions taken and
results achieved by the Federal Government (including each of
the agencies represented on the interagency working group) to
promote the export of greenhouse gas intensity reducing
technologies and practices from the United States; and
''(2) submit to the appropriate authorizing and
appropriating committees of Congress a report that describes
the results of the performance reviews and evaluates progress
in promoting the export of greenhouse gas intensity reducing
technologies and practices from the United States, including
any recommendations for increasing the export of the
technologies and practices.

''SEC. 736. TECHNOLOGY STRATEGIC PLAN AND DEMONSTRATION PROJECTS.

''(a) In General.--The Secretary of State, in coordination with the
Secretary of Energy and the Administrator of the United States Agency
for International Development, shall develop a technology strategic
plan, and carry out demonstration projects, to promote the adoption of
technologies and practices that reduce greenhouse gas intensity in
developing countries.
''(b) Demonstration Projects.--
''(1) In general.--The Secretaries and the Administrator
shall plan, coordinate, and carry out demonstration projects
under this section in at least 10 eligible countries, as
determined by the Secretaries and the Administrator.
''(2) Eligibility.--A country shall be eligible for
assistance under this subsection if the Secretaries and the
Administrator determine that the country has demonstrated a
commitment to--
''(A) just and democratic governance, including--
''(i) promoting political pluralism,
equality, and the rule of law;
''(ii) respecting human and civil rights;
''(iii) protecting private property rights;
''(iv) encouraging transparency and
accountability of government; and
''(v) combating corruption; and
''(B) economic freedom, including economic policies
that--
''(i) encourage citizens and firms to
participate in global trade and international
capital markets;
''(ii) promote private sector growth and
the sustainable management of natural
resources;
''(iii) strengthen market forces in the
economy; and
''(iv) respect worker rights.
''(3) Selection.--In determining which eligible countries
to provide funding to under paragraph (1), the Secretaries and
the Administrator shall consider--
''(A) the extent to which the country meets or
exceeds the eligibility criteria;
''(B) the opportunity to reduce greenhouse gas
intensity in the eligible country; and
''(C) the opportunity to generate economic growth
in the eligible country.
''(4) Types of projects.--Demonstration projects under this
section may include--
''(A) coal gasification, coal liquefaction, and
clean coal projects;
''(B) carbon sequestration projects;
''(C) cogeneration technology initiatives;
''(D) renewable projects; and
''(E) lower emission transportation.

''SEC. 737. FELLOWSHIP AND EXCHANGE PROGRAMS.

''The Secretary of State, in coordination with the Secretary of
Energy, the Secretary of Commerce, and the Administrator of the
Environmental Protection Agency, shall carry out fellowship and
exchange programs under which officials from developing countries visit
the United States to acquire expertise and knowledge of best practices
to reduce greenhouse gas intensity in their countries.

''SEC. 738. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated such sums as are
necessary to carry out this part (other than section 736).

''SEC. 739. EFFECTIVE DATE.

''Except as otherwise provided in this part, this part takes effect
on October 1, 2005.

''SEC. 740. TERMINATION OF AUTHORITY.

''The authority provided by this part terminates effective December
31, 2010.''.

A: Climate Change Technology Deployment in Developing Countries Act of 2005 - Amends the Global Environmental Protection Assistance Act of 1989 to consider the Department of State as the lead agency for integrating into U.S. foreign policy the goal of reducing greenhouse gas intensity in developing countries.

Directs the Secretary of State to: (1) provide assistance to developing countries to reduce greenhouse gas intensity; (2) inventory greenhouse gas intensity reducing technologies and identify appropriate technologies for developing countries; (3) develop a technology strategic plan and carry out demonstration projects in at least ten countries; and (4) carry out fellowship and exchange programs for officials from developing countries to acquire U.S. expertise in greenhouse gas intensity reduction practices.

Directs the U.S. Trade Representative to seek to eliminate foreign trade barriers to the export of U.S. greenhouse gas intensity reducing technologies and practices.

Establishes an interagency working group to carry out a greenhouse gas intensity reducing technology export initiative.

Terminates programs under this Act as of December 31, 2010.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Encouraging Work Act of 2005''.

SEC. 2. MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK
CREDIT.

(a) Credit Made Permanent.--
(1) Subsection (c) of section 51 of the Internal Revenue
Code of 1986 is amended by striking paragraph (4) (relating to
termination).
(2) Section 51A of such Code is amended by striking
subsection (f).
(b) Eligibility of Ex-Felons Determined Without Regard to Family
Income.--Paragraph (4) of section 51(d) of such Code is amended by
adding ''and'' at the end of subparagraph (A), by striking '', and'' at
the end of subparagraph (B) and inserting a period, and by striking all
that follows subparagraph (B).
(c) Increase in Maximum Age for Eligibility of Food Stamp
Recipients.--Clause (i) of section 51(d)(8)(A) of such Code is amended
by striking ''25'' and inserting ''40''.
(d) Increase in Maximum Age for Designated Community Residents.--
(1) In general.--Paragraph (5) of section 51(d) of such
Code is amended to read as follows:
''(5) Designated community residents.--
''(A) In general.--The term 'designated community
resident' means any individual who is certified by the
designated local agency--
''(i) as having attained age 18 but not age
40 on the hiring date, and
''(ii) as having his principal place of
abode within an empowerment zone, enterprise
community, or renewal community.
''(B) Individual must continue to reside in zone or
community.--In the case of a designated community
resident, the term 'qualified wages' shall not include
wages paid or incurred for services performed while the
individual's principal place of abode is outside an
empowerment zone, enterprise community, or renewal
community.''.
(2) Conforming amendment.--Subparagraph (D) of section
51(d)(1) is amended to read as follows:
''(D) a designated community resident,''.
(e) Clarification of Treatment of Individuals Under Individual Work
Plans.--Subparagraph (B) of section 51(d)(6) of such Code (relating to
vocational rehabilitation referral) is amended by striking ''or'' at
the end of clause (i), by striking the period at the end of clause (ii)
and inserting '', or'', and by adding at the end the following new
clause:
''(iii) an individual work plan developed
and implemented by an employment network
pursuant to subsection (g) of section 1148 of
the Social Security Act with respect to which
the requirements of such subsection are met.''.
(f) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2005.

SEC. 3. CONSOLIDATION OF WORK OPPORTUNITY CREDIT WITH WELFARE-TO-WORK
CREDIT.

(a) In General.--Paragraph (1) of section 51(d) of the Internal
Revenue Code of 1986 is amended by striking ''or'' at the end of
subparagraph (G), by striking the period at the end of subparagraph (H)
and inserting '', or'', and by adding at the end the following new
subparagraph:
''(I) a long-term family assistance recipient.''.
(b) Long-Term Family Assistance Recipient.--Subsection (d) of
section 51 of such Code is amended by redesignating paragraphs (10)
through (12) as paragraphs (11) through (13), respectively, and by
inserting after paragraph (9) the following new paragraph:
''(10) Long-term family assistance recipient.--The term
'long-term family assistance recipient' means any individual
who is certified by the designated local agency--
''(A) as being a member of a family receiving
assistance under a IV-A program (as defined in
paragraph (2)(B)) for at least the 18-month period
ending on the hiring date,
''(B)(i) as being a member of a family receiving
such assistance for 18 months beginning after August 5,
1997, and
''(ii) as having a hiring date which is not more
than 2 years after the end of the earliest such 18-
month period, or
''(C)(i) as being a member of a family which ceased
to be eligible for such assistance by reason of any
limitation imposed by Federal or State law on the
maximum period such assistance is payable to a family,
and
''(ii) as having a hiring date which is not more
than 2 years after the date of such cessation.''.
(c) Increased Credit for Employment of Long-Term Family Assistance
Recipients.--Section 51 of such Code is amended by inserting after
subsection (d) the following new subsection:
''(e) Credit for Second-Year Wages for Employment of Long-Term
Family Assistance Recipients.--
''(1) In general.--With respect to the employment of a
long-term family assistance recipient--
''(A) the amount of the work opportunity credit
determined under this section for the taxable year
shall include 50 percent of the qualified second-year
wages for such year, and
''(B) in lieu of applying subsection (b)(3), the
amount of the qualified first-year wages, and the
amount of qualified second-year wages, which may be
taken into account with respect to such a recipient
shall not exceed $10,000 per year.
''(2) Qualified second-year wages.--For purposes of this
subsection, the term 'qualified second-year wages' means
qualified wages--
''(A) which are paid to a long-term family
assistance recipient, and
''(B) which are attributable to service rendered
during the 1-year period beginning on the day after the
last day of the 1-year period with respect to such
recipient determined under subsection (b)(2).
''(3) Special rules for agricultural and railway labor.--If
such recipient is an employee to whom subparagraph (A) or (B)
of subsection (h)(1) applies, rules similar to the rules of
such subparagraphs shall apply except that--
''(A) such subparagraph (A) shall be applied by
substituting '$10,000' for '$6,000', and
''(B) such subparagraph (B) shall be applied by
substituting '$833.33' for '$500'.''.
(d) Repeal of Separate Welfare-to-Work Credit.--
(1) In general.--Section 51A of such Code is hereby
repealed.
(2) Clerical amendment.--The table of sections for subpart
F of part IV of subchapter A of chapter 1 of such Code is
amended by striking the item relating to section 51A.
(e) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2005.

A: Encouraging Work Act of 2005 - Amends the Internal Revenue Code to consolidate and modify provisions of the work opportunity tax credit and the welfare-to-work tax credit and make the consolidated tax credit permanent. Expands eligibility for the consolidated tax credit by: (1) determining eligibility of ex-felons without regard to family income; and (2) raising the age ceiling for food stamp recipients from 25 to 40. Includes a "designated community resident" (in lieu of "high risk youth") and "long-term family assistance recipient" as members of the targeted group eligible for the consolidated tax credit. Provides for an increased tax credit for employment of long-term family assistance recipients.

Repeals the separate welfare-to-work tax credit.
****
Q: 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<INF>2H<INF>4(NO<INF>3)<INF>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<INF>6H<INF>12(NO<INF>2)<INF>2, molecular weight 176, when the
minimum concentration in the finished explosive is 0.1 percent
by mass;
''(3) Para-Mononitrotoluene (p-MNT),
C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the minimum
concentration in the finished explosive is 0.5 percent by mass;
''(4) Ortho-Mononitrotoluene (o-MNT),
C<INF>7H<INF>7NO<INF>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<SUP>-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.

A:
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.
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