PL 104-132 Antiterrorism and Effective Penalty Act of 1996

ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996

[[Page 110 STAT. 1214]]

Public Law 104-132

104th Congress

An Act

To deter terrorism, provide justice for victims, provide for an

effective death penalty, and for other purposes. <<NOTE: Apr. 24,

1996 - [S. 735]>>

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, <<NOTE: Antiterrorism

and Effective Death Penalty Act of 1996.>>

SECTION 1. <<NOTE: 18 USC 1 note.>> SHORT TITLE.

This Act may be cited as the ``Antiterrorism and Effective Death

Penalty Act of 1996''.

TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION

Sec. 601. Findings and purposes.

Sec. 602. Definitions.

Sec. 603. Requirement of detection agents for plastic explosives.

Sec. 604. Criminal sanctions.

Sec. 605. Exceptions.

Sec. 606. Seizure and forfeiture of plastic explosives.

Sec. 607. Effective date.

TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION

SEC. 601. <<NOTE: 18 USC 841 note.>> FINDINGS AND PURPOSES.

(a) Findings.--The Congress finds that--

(1) plastic explosives were used by terrorists in the

bombings of Pan American Airlines flight number 103 in December

1988 and UTA flight number 722 in September 1989;

(2) plastic explosives can be used with little likelihood of

detection for acts of unlawful interference with civil aviation,

maritime navigation, and other modes of transportation;

(3) the criminal use of plastic explosives places innocent

lives in jeopardy, endangers national security, affects domestic

tranquility, and gravely affects interstate and foreign

commerce;

(4) the marking of plastic explosives for the purpose of

detection would contribute significantly to the prevention and

punishment of such unlawful acts; and

(5) for the purpose of deterring and detecting such unlawful

acts, the Convention on the Marking of Plastic Explosives for

the Purpose of Detection, Done at Montreal on 1 March 1991,

requires each contracting State to adopt appropriate measures to

ensure that plastic explosives are duly marked and controlled.

(b) Purpose.--The purpose of this title is to fully implement the

Convention on the Marking of Plastic Explosives for the Purpose of

Detection, Done at Montreal on 1 March 1991.

SEC. 602. DEFINITIONS.

Section 841 of title 18, United States Code, is amended by adding at

the end the following new subsections:

``(o) `Convention on the Marking of Plastic Explosives' means the

Convention on the Marking of Plastic Explosives for the Purpose of

Detection, Done at Montreal on 1 March 1991.

``(p) `Detection agent' means any one of the substances specified in

this subsection when introduced into a plastic explosive or formulated

in such explosive as a part of the manufacturing process in such a

manner as to achieve homogeneous distribution in the finished explosive,

including--

``(1) Ethylene glycol dinitrate (EGDN),

C<INF>2</INF>H<INF>4</INF>(NO<INF>3</INF>)<INF>2</INF>,

molecular weight 152, when the minimum concentration in the

finished explosive is 0.2 percent by mass;

``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),

C<INF>6</INF>H<INF>12</INF>(NO<INF>2</INF>)<INF>2</INF>,

molecular weight 176, when the minimum concentration in the

finished explosive is 0.1 percent by mass;

``(3) Para-Mononitrotoluene (p-MNT),

C<INF>7</INF>H<INF>7</INF>NO<INF>2</INF>, molecular weight 137,

when the minimum concentration in the finished explosive is 0.5

percent by mass;

``(4) Ortho-Mononitrotoluene (o-MNT),

C<INF>7</INF>H<INF>7</INF>NO<INF>2</INF>, molecular weight 137,

when the minimum concentration in the finished explosive is 0.5

percent by mass; and

``(5) any other substance in the concentration specified by

the Secretary, after consultation with the Secretary of State

and the Secretary of Defense, that has been added to the table

in part 2 of the Technical Annex to the Convention on the

Marking of Plastic Explosives.

``(q) `Plastic explosive' means an explosive material in flexible or

elastic sheet form formulated with one or more high explosives which in

their pure form has a vapor pressure less than 10-<SUP>4</SUP> Pa at a

temperature of 25/C., is formulated with a binder material, and is as a

mixture malleable or flexible at normal room temperature.''.

SEC. 603. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.

Section 842 of title 18, United States Code, is amended by adding at

the end the following new subsections:

``(l) It shall be unlawful for any person to manufacture any plastic

explosive that does not contain a detection agent.

``(m)(1) It shall be unlawful for any person to import or bring into

the United States, or export from the United States, any plastic

explosive that does not contain a detection agent.

``(2) This subsection does not apply to the importation or bringing

into the United States, or the exportation from the United States, of

any plastic explosive that was imported or brought into, or manufactured

in the United States prior to the date of enactment of this subsection

by or on behalf of any agency of the United States performing military

or police functions (including any military reserve component) or by or

on behalf of the National Guard of any State, not later than 15 years

after the date of entry into force of the Convention on the Marking of

Plastic Explosives, with respect to the United States.

``(n)(1) It shall be unlawful for any person to ship, transport,

transfer, receive, or possess any plastic explosive that does not

contain a detection agent.

``(2) This subsection does not apply to--

``(A) the shipment, transportation, transfer, receipt, or

possession of any plastic explosive that was imported or brought

into, or manufactured in the United States prior to the date of

enactment of this subsection by any person during the period

beginning on that date and ending 3 years after that date of

enactment; or

``(B) the shipment, transportation, transfer, receipt, or

possession of any plastic explosive that was imported or brought

into, or manufactured in the United States prior to the date of

enactment of this subsection by or on behalf of any agency of

the United States performing a military or police function

(including any military reserve component) or by or on behalf of

the National Guard of any State, not later than 15 years after

the date of entry into force of the Convention on the Marking of

Plastic Explosives, with respect to the United States.

``(o) It shall be unlawful for any person, other than an agency of

the United States (including any military reserve component) or the

National Guard of any State, possessing any plastic explosive on the

date of enactment of this subsection, to fail to report to the Secretary

within 120 days after such date of enactment the quantity of such

explosives possessed, the manufacturer or importer, any marks of

identification on such explosives, and such other information as the

Secretary may prescribe by regulation.''.

SEC. 604. CRIMINAL SANCTIONS.

Section 844(a) of title 18, United States Code, is amended to read

as follows:

``(a) Any person who violates any of subsections (a) through (i) or

(l) through (o) of section 842 shall be fined under this title,

imprisoned for not more than 10 years, or both.''.

SEC. 605. EXCEPTIONS.

Section 845 of title 18, United States Code, is amended--

(1) in subsection (a)--

(A) by inserting ``(l), (m), (n), or (o) of section

842 and subsections'' after ``subsections''; and

(B) in paragraph (1), by inserting before the

semicolon ``, and which pertain to safety''; and

(2) by adding at the end the following new subsection:

``(c) It is an affirmative defense against any proceeding involving

subsections (l) through (o) of section 842 if the proponent proves by a

preponderance of the evidence that the plastic explosive--

``(1) consisted of a small amount of plastic explosive

intended for and utilized solely in lawful--

``(A) research, development, or testing of new or

modified explosive materials;

``(B) training in explosives detection or

development or testing of explosives detection

equipment; or

``(C) forensic science purposes; or

``(2) was plastic explosive that, within 3 years after the

date of enactment of the Antiterrorism and Effective Death

Penalty Act of 1996, will be or is incorporated in a military

device within the territory of the United States and remains an

integral part of such military device, or is intended to be, or

is incorporated in, and remains an integral part of a military

device that is intended to become, or has become, the property

of any agency of the United States performing military or police

functions (including any military reserve component) or the

National Guard of any State, wherever such device is located.

``(3) For purposes of this subsection, the term `military

device' includes, but is not restricted to, shells, bombs,

projectiles, mines, missiles, rockets, shaped charges, grenades,

perforators, and similar devices lawfully manufactured

exclusively for military or police purposes.''.

SEC. 606. SEIZURE AND FORFEITURE OF PLASTIC EXPLOSIVES.

Section 596(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)(1))

is amended--

(1) in subparagraph (B), by striking ``or'' at the end;

(2) in subparagraph (C), by striking the period and

inserting ``; or''; and

(3) by adding at the end the following new subparagraph:

``(D) is a plastic explosive, as defined in section

841(q) of title 18, United States Code, which does not

contain a detection agent, as defined in section 841(p)

of such title.''.

SEC. 607. <<NOTE: 18 USC 841 note.>> EFFECTIVE DATE.

Except as otherwise provided in this title, this title and the

amendments made by this title shall take effect 1 year after the date of

enactment of this Act.