[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2563 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2563
To require imported explosives to be marked in the same manner as
domestically manufactured explosives.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 23 (legislative day, June 22), 2004
Mr. Kohl (for himself and Mr. Hatch) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require imported explosives to be marked in the same manner as
domestically manufactured explosives.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. IDENTIFICATION OF EXPLOSIVE MATERIALS.
(a) In General.--Section 842 of title 18, United States Code, is
amended by adding at the end the following:
``(q) Identification of Explosive Materials.--
``(1) In general.--It shall be unlawful for any person to
manufacture or import explosive materials for sale or
distribution unless the explosive materials are legibly
identified by marking in accordance with this subsection.
``(2) Type and placement of marking.--The marks required
under this subsection shall--
``(A) identify the name of the manufacturer;
``(B) identify the location, date, and shift of
manufacture;
``(C) be placed on each cartridge, bag, or other
immediate container of explosive materials manufactured
for sale or distribution; and
``(D) be placed on the outside container, if any,
used for the packaging of explosive materials
manufactured for sale or distribution.
``(3) Exceptions.--
``(A) Detonators.--Licensed manufacturers or
importers of detonators are only required to place the
identification marks prescribed in paragraph (2) on the
containers used for the packaging of detonators.
``(B) Authorization of alternative
identification.--The Attorney General may authorize a
licensed manufacturer or importer to identify explosive
materials in a different manner than the manner
prescribed by paragraph (2) upon receipt from the
manufacturer or importer of a written application
showing that the alternative identification is
reasonable and will not hinder the effective
administration of this section.
``(C) Fireworks.--The Attorney General may
authorize the licensed manufacturer or importer to
identify fireworks in a different manner than the
manner prescribed by paragraph (2).
``(4) Report.--Not later than 24 hours after the release of
explosive materials from the custody of the United States
Customs Service, the importer of such explosive materials shall
submit a report to the Attorney General, in a format to be
determined by the Attorney General, that contains--
``(A) the name and address of the importer;
``(B) the manufacturer of the explosive materials;
``(C) the city and country where the explosive
materials being imported were manufactured;
``(D) the product name, size, and other marks of
identification on the explosive materials; and
``(E) the date and shift of manufacture of the
explosive materials.''.
(b) Rulemaking.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Attorney General shall issue final
regulations to carry out the amendment under subsection (a).
(2) Deference requirement.--In promulgating the regulations
required under paragraph (1), the Attorney General shall give
deference to the standards for safety and security marking
recognized in the explosives industry.
(c) Enforcement.--Section 844(a)(1) of title 18, United States
Code, is amended by striking ``or (l) through (o)'' and inserting ``,
(l) through (o), or (q)''.
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