< Back to H.R. 3091 (107th Congress, 2001–2002)

Text of the Anti-Terrorism Explosives Control Act of 2001

This bill was introduced on October 11, 2001, in a previous session of Congress, but was not enacted. The text of the bill below is as of Oct 11, 2001 (Introduced).

Source: GPO

HR 3091 IH

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 dangerous criminals, and for other purposes.

    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 ‘Anti-Terrorism Explosives Control Act of 2001’.

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 lawful purpose, who has obtained either a user permit or a limited permit under the provisions of this chapter.’

    (b) PERMITS FOR PURCHASE OF EXPLOSIVES- Section 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 transported, 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 transported, or receive in interstate or foreign commerce any explosive materials; or

        ‘(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 follows:

    ‘(b) It shall be unlawful for any licensee or permittee knowingly to distribute any explosive materials to any person other than

      ‘(1) a licensee;

      ‘(2) a holder of a user permit; or

      ‘(3) a holder of a limited permit who is a resident 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 inserting ‘, 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 employees who will possess explosive materials, as well as fingerprints and a photograph of the applicant (including, in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association)’ before the period 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 permit shall be renewable upon the same conditions and subject to the same restrictions as the original license or permit and upon payment of a renewal fee not to exceed one-half of the original fee.’.

    (d) CRITERIA FOR APPROVING LICENSES AND PERMITS- 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), respectively, and inserting a new paragraph (2) to read as follows:

      ‘(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 paragraph (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 applicant has certified in writing that he or she will not receive explosive materials on more than four occasions 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

      (2) in the second sentence, by striking ‘permittee’ the first time it appears and inserting ‘holder 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 POSSESSING 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 paragraph (6) and inserting ‘ or who has been committed 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);

      ‘(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- Section 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 following new paragraphs:

      ‘(5) who, 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);

      ‘(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 subsection (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) 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-immigrant 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 business;

        ‘(B) is a person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association 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 orders for training or other authorized purpose, and the shipping, transporting, possessing, or receiving explosive materials is in furtherance of the military purpose.’.

      ‘(3) Waiver-

        ‘(A) CONDITIONS FOR WAIVER- Any individual 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 Attorney General a petition that meets the requirements of subparagraph (C); and

          ‘(ii) the Attorney General approves the petition.

        ‘(B) PETITION- Each petition under subparagraph (B) shall--

          ‘(i) demonstrate that the petitioner has resided in the United States for a continuous 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 explosives and certifying that the alien would not, absent the application of subsection (i)(5), otherwise be prohibited from such an acquisition under subsection (i).

        ‘(C) APPROVAL OF PETITION- The Attorney General shall approve a petition submitted in accordance with this paragraph if the Attorney General determines that waiving the requirements of subsection (i)(5), with respect to the petitioner--

          ‘(i) would be in the interests of justice; and

          ‘(ii) would not jeopardize the public safety.’.

SEC. 404. REQUIREMENT TO PROVIDE SAMPLES OF EXPLOSIVE MATERIALS AND AMMONIUM NITRATE.

    Section 843 of title 18, United States Code, is amended by adding at the end the following new subsection:

    ‘(h) Licensed manufacturers and licensed importers and persons who manufacture or import explosive materials 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 identification and classification of the explosive materials or to identification 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 ASSISTANCE.

    Section 844(f)(1) of title 18, United States Code, is amended by inserting ‘or any institution or organization receiving Federal financial assistance,’ before the word ‘shall’.