
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.
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