H.R. 538 (105th): Explosives Fingerprinting Act

105th Congress, 1997–1998. Text as of Feb 04, 1997 (Introduced).

Status & Summary | PDF | Source: GPO

HR 538 IH

105th CONGRESS

1st Session

H. R. 538

To require explosive materials to contain taggants to enable law enforcement authorities to trace the source of the explosive material, whether before or after detonation.

IN THE HOUSE OF REPRESENTATIVES

February 4, 1997

Mr. MANTON introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To require explosive materials to contain taggants to enable law enforcement authorities to trace the source of the explosive material, whether before or after detonation.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Explosives Fingerprinting Act’.

SEC. 2. EXPLOSIVE TAGGANTS.

    (a) DEFINITIONS- Section 841 of title 18, United States Code, is amended by adding at the end the following:

    ‘(o) ‘Identification taggant’ means any substance which--

      ‘(1) is added to an explosive material during the manufacture of the material; and

      ‘(2) after detonation--

        ‘(A) is retrievable;

        ‘(B) permits the identification of the manufacturer and the date of manufacture, of the material; and

        ‘(C) provides such other information as the Secretary may require.

    ‘(p) ‘Detective taggant’ means any substance which--

      ‘(1) is added to an explosive material during the manufacture of the material; and

      ‘(2) permits the detection of the material before its detonation.’.

    (b) PROHIBITIONS- Section 842 of such title is amended by adding at the end the following:

    ‘(l)(1) It shall be unlawful for any person knowingly to manufacture any explosive material that does not contain an identification taggant which satisfies the standards promulgated by the Secretary under section 847.

    ‘(2) It shall be unlawful for any person knowingly to manufacture any explosive material that does not contain a detection taggant which satisfies the standards promulgated by the Secretary under section 847.

    ‘(3) It shall be unlawful for any person knowingly to transport, ship, distribute, or receive, or cause to be transported, shipped, distributed, or received, in interstate or foreign commerce any explosive material that does not contain an identification taggant which satisfies the standards promulgated by the Secretary under section 847.

    ‘(4) It shall be unlawful for any person knowingly to transport, ship, distribute, or receive, or cause to be transported, shipped, distributed, or received, in interstate or foreign commerce any explosive material that does not contain a detection taggant which satisfies the standards promulgated by the Secretary under section 847.

    ‘(5) It shall be unlawful for any person knowingly to import any explosive material that does not contain an identification taggant which satisfies the standards promulgated by the Secretary under section 847.

    ‘(6) It shall be unlawful for any person knowingly to import any explosive material that does not contain a detection taggant which satisfies the standards promulgated by the Secretary under section 847.

    ‘(7) It shall be unlawful for any person knowingly to resell or otherwise dispose of any explosive material, sold as surplus by a department, agency, or instrumentality of the United States, that does not contain an identification taggant which satisfies the standards promulgated by the Secretary under section 847. The shipment of surplus explosive materials from the military establishment where sold to the purchaser’s place of business shall be in accordance with regulations promulgated by the Secretary.

    ‘(8) It shall be unlawful for any person knowingly to resell or otherwise dispose of any explosive material, sold as surplus by a department, agency, or instrumentality of the United States, that does not contain a detection taggant which satisfies the standards promulgated by the Secretary under section 847. The shipment of surplus explosive materials from the military establishment where sold to the purchaser’s place of business shall be in accordance with regulations promulgated by the Secretary.

    ‘(9) Paragraphs (1) through (8) shall not apply to any explosive material designated by the President or his designee as an explosive material to be used by the Department of Defense or another agency of Government for national defense or international security purposes. Any explosive material so designated shall be reported promptly to the Secretary.’.

    (c) PENALTIES- Section 844(a) of such title is amended--

      (1) by striking ‘(a) Any’ and inserting ‘(a)(1) Any’; and

      (2) by adding at the end the following:

    ‘(2) Any person who violates section 842(l)(1) shall be fined not more than $10,000 or imprisoned not more than 10 years, or both.’.

    (d) EXCEPTIONS- Section 845(a) of such title is amended by adding at the end the following:

    ‘Notwithstanding the preceding sentence, section 842(l)(1) shall apply to the matters described in paragraphs (4) and (5) of this subsection.’.

    (e) EFFECTIVE DATES- (1) Except as otherwise provided in this subsection, the amendments made by this section shall take effect 1 year after the date of the enactment of this Act.

    (2) Paragraph (2) section 842(l) of title 18, United States Code, shall take effect 2 years after the date of the enactment of this Act.

    (3) Paragraph (3) of such section shall take effect 2 years after such date of enactment.

    (4) Paragraph (4) of such section shall take effect 3 years after such date of enactment.

    (5) Paragraph (5) of such section shall take effect 1 year after such date of enactment.

    (6) Paragraph (6) of such section shall take effect 2 years after such date of enactment.

    (7) Paragraph (7) of such section shall take effect 2 years after such date of enactment.

    (8) Paragraph (8) of such section shall take effect 3 years after such date of enactment.

    (f) DEFERRAL OF EFFECTIVE DATES-

      (1) IN GENERAL- The Secretary of the Treasury shall by regulation defer 1 or more of the effective dates provided for in this subsection by extensions of not more than 1 year at a time until the Secretary is satisfied that identification and detection taggants (as defined in section 841 of title 18, United States Code)--

        (A) are available in sufficient quantity for commercial purposes;

        (B) will not impair the quality of explosive materials for their intended use; and

        (C) will not adversely affect the environment.

      (2) PRIOR NOTICE TO THE CONGRESS- The Secretary shall inform the Congress 60 days before deferring the effective date of any provision pursuant to paragraph (1), specifying the reasons for the deferral, and estimating the time the Secretary expects the provision will become effective.