Sets forth exceptions and waivers for certain aliens and other individuals lawfully admitted to the United States pursuant to a non-immigrant visa.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 641 Introduced in Senate (IS)]
1st Session
S. 641
To amend section 842 of title 18, United States Code, relating to
explosive materials.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 28, 2001
Mr. Torricelli introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend section 842 of title 18, United States Code, relating to
explosive materials.
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 Protection Act of 2001''.
SEC. 2. PROHIBITIONS RELATING TO EXPLOSIVE MATERIALS.
(a) Prohibition of Sale, Delivery, or Transfer of Explosive
Materials to Certain Individuals.--Section 842 of title 18, United
States Code, is amended by striking subsection (d) and inserting the
following:
``(d) Prohibition of Sale, Delivery, or Transfer of Explosive
Materials to Certain Individuals.--It shall be unlawful for any
licensee to knowingly sell, deliver, or transfer any explosive
materials to any individual who--
``(1) is less than 21 years of age;
``(2) is under indictment for, or has been convicted in any
court of, a crime punishable by imprisonment for a term
exceeding 1 year;
``(3) is a fugitive from justice;
``(4) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802));
``(5) has been adjudicated as a mental defective or has
been committed to any mental institution;
``(6) being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in section 845(d), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26));
``(7) has been discharged from the Armed Forces under
dishonorable conditions;
``(8) having been a citizen of the United States, has
renounced his citizenship;
``(9) is subject to a court order that restrains such
person from harassing, stalking, or threatening an intimate
partner of such person or child of such intimate partner or
person, or engaging in other conduct that would place an
intimate partner in reasonable fear of bodily injury to the
partner or child, except that this paragraph shall only apply
to a court order that--
``(A) was issued after a hearing of which such
person received actual notice, and at which such person
had the opportunity to participate; and
``(B)(i) includes a finding that such person
represents a credible threat to the physical safety of
such intimate partner or child; and
``(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury; or
``(10) has been convicted in any court of a misdemeanor
crime of domestic violence.''.
(b) Prohibition on Shipping, Transporting, Possession, or Receipt
of Explosives by Certain Individuals.--Section 842 of title 18, United
States Code, is amended by striking subsection (i) and inserting the
following:
``(i) Prohibition on Shipping, Transporting, Possession, or Receipt
of Explosives by Certain Individuals.--It shall be unlawful for any
person to ship or transport in interstate or foreign commerce, or
possess, in or affecting commerce, any explosive, or to receive any
explosive that has been shipped or transported in interstate or foreign
commerce, if that person--
``(1) is less than 21 years of age;
``(2) has been convicted in any court, of a crime
punishable by imprisonment for a term exceeding 1 year;
``(3) is a fugitive from justice;
``(4) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802));
``(5) has been adjudicated as a mental defective or who has
been committed to a mental institution;
``(6) being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in section 845(d), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26));
``(7) has been discharged from the Armed Forces under
dishonorable conditions;
``(8) having been a citizen of the United States, has
renounced his citizenship; or
``(9) is subject to a court order that--
``(A) was issued after a hearing of which such
person received actual notice, and at which such person
had an opportunity to participate;
``(B) restrains such person from harassing,
stalking, or threatening an intimate partner of such
person or child of such intimate partner or person, or
engaging in other conduct that would place an intimate
partner in reasonable fear of bodily injury to the
partner or child; and
``(C)(i) includes a finding that such person
represents a credible threat to the physical safety of
such intimate partner or child; and
``(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury; or
``(10) has been convicted in any court of a misdemeanor
crime of domestic violence.''.
(c) Exceptions and Waiver for Certain Individuals.--Section 845 of
title 18, United States Code, is amended by adding at the end the
following:
``(d) Exceptions and Waiver for Certain Individuals.--
``(1) Definitions.--In this subsection--
``(A) 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)); and
``(B) the term `nonimmigrant visa' has the same
meaning as in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)).
``(2) Exceptions.--Subsections (d)(5)(B) and (i)(5)(B) of
section 842 do not apply to any alien who has been lawfully
admitted to the United States pursuant to a nonimmigrant visa,
if that alien is--
``(A) admitted to the United States for lawful
hunting or sporting purposes;
``(B) a foreign military personnel on official
assignment to the United States;
``(C) an official of a foreign government or a
distinguished foreign visitor who has been so
designated by the Department of State; or
``(D) a foreign law enforcement officer of a
friendly foreign government entering the United States
on official law enforcement business.
``(3) Waiver.--
``(A) In general.--Any individual who has been
admitted to the United States under a nonimmigrant visa
and who is not described in paragraph (2), may receive
a waiver from the applicability of subsection (d)(5)(B)
or (i)(5)(B) of section 842, if--
``(i) the individual submits to the
Attorney General a petition that meets the
requirements of subparagraph (B); and
``(ii) the Attorney General approves the
petition.
``(B) Petitions.--Each petition under subparagraph
(A)(i) 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 engage in any
activity prohibited under subsection (d) or (i)
of section 842, as applicable, and certifying
that the petitioner would not otherwise be
prohibited from engaging in that activity under
subsection (d) or (i) of section 842, as
applicable.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3058)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3058-3059)
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