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“(5) black powder in quantities not to exceed five pounds; and

"(6) the manufacture under the regulation of the military department of the United States of explosive materials for, or their distribution to or storage or possession by the military or naval services or other agencies of the United States; or to arsenals, navy yards,

depots, or other establishments owned by, or operated by or on behalf of, the United States.

"(b) A person who had been indicted for or convicted

11 of a crime punishable by imprisonment for a term exceeding

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one year may make application to the Secretary for relief 13 from the disabilities imposed by this chapter with respect to 14 engaging in the business of importing, manufacturing, or 15 dealing in explosive materials, or the purchase of explosive 16 materials, and incurred by reason of such indictment or con17 viction, and the Secretary may grant such relief if it is 18 established to his satisfaction that the circumstances regard19 ing the indictment or conviction, and the applicant's record 20 and reputation, are such that the applicant will not be likely 21 to act in a manner dangerous to public safety and that the 22 granting of the relief will not be contrary to the public 23 interest. A licensee or permittee who makes application 24 for relief from the disabilities incurred under this chapter by

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reason of indictment or conviction, shall not be barred by

2 such indictment or conviction from further operations under

3 his license or permit pending final action on an application

4 for relief filed pursuant to this section.

5 "8846. Additional powers of the Secretary

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"The Secretary is authorized to inspect the site of any 7 accident, or fire, in which there is reason to believe that 8 explosive materials were involved, in order that if any such 9 incident has been brought about by accidental means, pre10 cautions may be taken to prevent similar accidents from 11 occurring. In order to carry out the purpose of this subsection, 12 the Secretary is authorized to enter into or upon any property where explosive materials have been used, are

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suspected of having been used, or have been found in an 15 otherwise unauthorized location. Nothing in this chapter shall 16 be construed as modifying or otherwise affecting in any way 17 the investigative authority of any other Federal agency. 18 "§ 847. Rules and regulations

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"The administration of this chapter shall be vested in the 20 Secretary. The Secretary may prescribe such rules and regu21 lations as he deems reasonably necessary to carry out the

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provisions of this chapter. The Secretary shall give reason

able public notice, and afford to interested parties oppor

tunity for hearing, prior to prescribing such rules and

25 regulations.

1 "§ 848. Effect on State law

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"No provision of this chapter shall be construed as 3 indicating an intent on the part of the Congress to occupy 4 the field in which such provision operates to the exclusion of 5 the law of any State on the same subject matter, unless there 6 is a direct and positive conflict between such provision and 7 the law of the State so that the two cannot be reconciled or

8 consistently stand together.

9 "§ 849. Separability clause

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"If any provision of this chapter or the application 11 thereof to any person or circumstance is held invalid, the 12 remainder of the chapter and the application of such provi13 sion to other persons not similarly situated or to other 14 circumstances shall not be affected thereby."

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SEC. 3. Nothing in this Act shall be construed as modify

16 ing or affecting any provision—

(a) The National Firearms Act (chapter 53 of

the Internal Revenue Code of 1954);

(b) Section 414 of the Mutual Security Act of

1954 (22 U.S.C. 1934), as amended, relating to munitions control;

(c) Section 1716 of title 18, United States Code,

relating to nonmailable materials;

(d) Chapter 39 of title 18, United States Code; or

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(e) Chapter 44 of title 18, United States Code.

SEC. 4. The Secretary shall, within ninety days of the 3 date of enactment, publish the proposed regulations required 4 by the provisions hereof and shall begin enforcement of 5 such Act and regulations after the expiration of one hundred

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and twenty days from the date of enactment.

SEC. 5. The Federal Explosives Act of October 6, 1917

(40 Stat. 385, as amended; 50 U.S.C. 121-143), and as extended by Act of July 1, 1948 (40 Stat. 671; 50 U.S.C. 144), and all regulations adopted thereunder are hereby repealed.

SEC. 6. There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this

14 title.

The CHAIRMAN. Our first witness this morning is Mr. Richard J. Both, of the Institute of Makers of Explosives. Mr. Both, we will be glad to hear from you.

STATEMENT OF RICHARD J. BOTH, CHAIRMAN, PUBLIC SAFETY COMMITTEE, INSTITUTE OF MAKERS OF EXPLOSIVES; ACCOMPANIED BY MATTHEW M. CHAMPION, TECHNICAL COMMITTEE, INSTITUTE OF MAKERS OF EXPLOSIVES, FRANK H. GORDON, COUNSEL, AND HARRY L. HAMPTON, JR., SECRETARY-TREASURER, INSTITUTE OF MAKERS OF EXPLOSIVES

Mr. BOTH. Thank you, Mr. Chairman.
May I read my whole statement?

The CHAIRMAN Yes; you may read it.

Mr. BOTH. Chairman Celler and members of the House Judiciary Subcommittee No. 5, my name is Richard J. Both. I thank you for this opportunity to appear as spokesman for the Institute of Makers of Explosives and the industry it represents. I hope my comments on proposed legislation to control explosives will prove helpful in your deliberations. My designation as industry spokesman reflects the fact that I serve as chairman of the Public Safety Committee of the Institute of Makers of Explosives. I am also a representative to the executive committee of the institute in my capacity as the general manager of the Explosives and Chemical Propulsion Department of Hercules, Inc., in Wilmington, Del.

Accompanying me is Matthew M. Champion of E. I. du Pont de Nemours & Co., Inc., also of Wilmington, Del. Mr. Champion is a representative of the Technical Committee of the Institute of Makers of Explosives.

Also accompanying me are Frank H. Gordon and Harry L. Hampton, Jr., counsel and secretary-treasurer, respectively, of the Institute of Makers of Explosives.

The Institute of Makers of Explosives is a nonprofit trade association, founded in 1913. The eleven members of the institute are listed in our statement.

The purposes of this trade association as set forth in its constitution include

To devise ways and means for promoting and systematically informing the public regarding the safe use, handling, storage, and transportation of explosives;

To encourage uniform legislation, rules, and regulations; and

To cooperate with officials of governmental agencies in any program beneficial to the national welfare and the public generally.

Our members produce and distribute approximately 85 percent of the total commercial explosives and blasting agents consumed annually in this country. They also produce and distribute most of the blasting supplies and accessories such as blasting caps, safety fuse, detonating cord, blasting machines and related tools. Last year about 2 billion pounds of commercial explosives and 100 million blasting caps were sold for legitimate uses in the 50 States.

Interests and efforts of IME focus on the legitimate and useful applications of explosive energy.

Our primary concern is for safety.