Collier, Hon. Harold R., a U.S. Representative in Congress from the Coughlin, Hon. R. Lawrence, a U.S. Representative in Congress from Ford, Hon. Gerald R., a U.S. Representative in Congress from the Legislative Reference Service, Library of Congress, "Crime Index Memo, "Federal Legislation Pertaining to Explosives," March Page 111 322 310 149 2 Memo, "State Legislation Pertaining to Explosives," April 7, 58 Lindsay, Hon. John V., mayor, the city of New York.. 309 Mathias, Hon. Robert B., a U.S. Representative in Congress from the 323 Miller, Hon. Clarence E., a U.S. Representative in Congress from the 310 Morton, Hon. Rogers C. B., a U.S. Representative in Congress from the State of Maryland... 315 Murphy, Hon. John M., a U.S. Representative in Congress From the 312 Quillen, Hon. James H., a U.S. Representative in Congress From the 323 Scott, Wodson D., president, National Rifle Association of America.. 332 78 American Reloaders Association, Dean A. Grennell, Excutive Director, letter Firearms Lobby of America, Morgan Norval, national director, letter Justice Department, Herbert E. Hoffman, Chief, Legislative and Legal National Reloading Manufacturers Association, Inc., Arlen L. Chaney, 330 325 276 329 331 155 331 77 161 National Shooting Sports Foundation, Inc., Charles Dickey, director, 333 National Skeet Shooting Association, William E. Rollow, chairman, 336 337 Powder Actuated Tool Manufacturers' Institute, Inc., George P. Byrne, 340 Schadeberg, Hon. Henry C., a U.S. Representative in Congress from 324 EXPLOSIVES CONTROL WEDNESDAY, JULY 15, 1970 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 5, OF THE COMMITTEE ON THE JUDICIARY, Washington, D.C. The subcommittee met, pursuant to notice, at 10:05 a.m., in room 2141, Rayburn House Office Building, Hon. Emanuel Celler (chairman of the full committee) presiding. Present: Representatives Celler (chairman), Rodino, Edwards (California), McCulloch, McClory, Railsback, Poff, and Hutchinson. Also present: Benjamin L. Zelenko, general counsel, and Franklin G. Polk, associate counsel. The CHAIRMAN. The Chair wishes to read a statement. OPENING REMARKS OF HON. EMANUEL CELLER Bombings and the threat of bombings have become an ugly and recurrent incident of life in the cities throughout our Nation. Over the past year we have witnessed approximately 100 explosions in New York City; 62 bombings in San Francisco; more than 30 bombings each in Seattle and Detroit. Other bomb outrages have occurred in Cleveland, Buffalo, Denver, Madison, Camden, and Pittsburgh. The Louisiana Senate Chamber, the Dorchester, Md., County courthouse, as well as the New York City Police headquarters, have been the targets of bombings. In the past weeks a number of explosions have occurred at Des Moines, Iowa. The actual and potential loss of life, destruction of property, and disruption of the daily lives of our citizens and our economy require a review of the adequacy of existing laws. affecting access to explosives and their transportation and use. This morning, Subcommittee No. 5 begins several days of hearings on proposed legislation to curb the use, transportation, and possession of explosives. Federal laws dealing with explosives are scattered through various titles of the United States Code. Generally, existing law prohibits the transportation of explosives in interstate commerce for criminal purposes and prohibits their possession or use to damage equipment or facilities used in commerce. Federal law also authorizes governmental regulation for packaging and marketing explosives that are transported in commerce. It prohibits the teaching or demonstration of the use of explosives in connection with civil disorders. Finally, the Federal Explosives Act (50 U.S.C. 121-144), which, however, only becomes activated during war or other national emergency, provides for the regulation of the manufacture, distribution, and acquisition of ex (1) plosives. That act, when activated, provides for the licensing of manufacturers, the registration of purchasers and the accounting of all explosives produced or used. A summary of existing Federal explosives law prepared by the Library of Congress will be inserted in the record at this point. (The information follows:) From: American Law Division. THE LIBRARY OF CONGRESS, LEGISLATIVE REFERENCE SERVICE, Washington, D.C., March 20, 1970. Subject: Federal legislation pertaining to explosives. Reference is made to your inquiry of March 18, 1970, requesting information concerning legislation dealing with explosives and to the telephone conversation pertaining thereto. Federal laws dealing with explosives are scattered through several titles of the United States Code. Most of such statutory provisions prohibit or make it a crime to place, use, or possess an explosive in a particular place or facility or to require certain safeguards dealing with the storage, handling, packaging or labeling. Briefly, such provisions would include those which prohibit the transportation of explosives in aircraft (49 USC 1472); prohibit introduction into facilities of the Atomic Energy Commission (42 U.S.C. 2278a); restrict the storage in mines (30 USC 479); restrict or prohibit carrying explosives aboard vessels (18 USC 2277; 46 USC 5685); prohibit discharge in Library of Congress or on the Capitol grounds (2 USC 167d; 40 USC 193f); make explosives nonmailable (18 USC 1716); make it a crime to place explosives in motor vehicles used in interstate commerce or facilities used for such vehicles (18 USC 33); prohibit carrying explosives into penal institutions (18 USC 1792); prohibit placing of explosives to endanger railroad facilities (18 USC 1992); make it a crime to transport explosives in interstate commerce knowing or intending use to damage or destroy property (18 USC 837); and authorize promulgation of regulations concerning the legitimate interstate transportation of explosives (18 USC 831-837). In addition to those specific provisions, there are several acts which may be applicable. Those acts would include the Federal Explosives Act (50 USC 121144), the Gun Control Act of 1968 (18 USC 921-928); the Civil Obediance Act of 1963 (18 USC 231-233), and the Fugutives from Justice provisions of title 18 of the Code (18 USC 1071-1074). Of those Acts, only the Explosives Act appears to be primarily concerned with sabotage. That Act provides for the regulation of the manufacture, distribution, possession, and acquisition of explosives or the ingredients used for the production thereof. The Federal Explosives Act, however, is "war power" legislation and is operative only upon a declaration of war or national emergency (see 50 USC 142). The other acts seem to be aimed at specific problems where explosives are or may be involved. Thus, the Gun Control Act, primarily designed to control and regulate the interstate shipment of firearms and ammunition (including propellant powder) contains provisions for the recordation of the name, age, and place of residence of the purchasers and, of course, prohibits certain sales of such items. The Civil Obedience Act prohibits the teaching or demonstration of the use of explosives in furtherance of civil disorders and the fugitive from justice provisions make it a Federal crime to travel in interstate commerce to avoid prosecution or confinement for damaging any building or vehicle with an explosive or avoid giving testimony in any criminal proceeding relating to such a crime. To summarize, Federal legislation now in effect prohibits the transportation of explosives in interstate commerce for criminal purposes, prohibits possession or use to damage equipment or facilities used in interstate commerce, authorizes the promulgation of requirements for packaging and marking explosives which may be transported in interstate commerce, prohibits the teaching or demonstration of use for use in civil disorders, and prohibits the use of interstate facilities or crossing of state boundaries to escape local trial or punishment for illegal use of explosives, but does not, except during a war or national emergency, provide for the licensing of manufacturers, the registration of purchasers, or any accounting for the explosives produced or used. ALBERT M. PERRY, |