In any event, Mr. Chairman, we know that incendiary and explosive bombs, ranging from simple-to-make Molotov cocktails to highly sophisticated devices made of dynamite or nitroglycerine, have been used in these cowardly and heinous crimes.

We have reams of testimony from public and law enforcement officials documenting the guerrilla warfare activities of major extremist organizations-the SDS, the Black Panther Party, the Student Non-Violent Coordinating Committee, and the Republic of New Africa-and their role in the clandestine traffic in explosives. It is apparent that both state and federal regulations relating to the manufacture, transportation, storage and sale of explosive materials is inadequate.

Perhaps nothing points up more the need for new or revised federal statutes as the events that took place the very day the President was belatedly outlining plans at a White House breakfast meeting last March to counter the wave of bombings and bomb scares. The meeting was interrupted by news that the Bureau of Engraving and Printing, and later the Department of Agriculture had received bomb threats.

According to the Treasury Department's Enforcement and Operations Division, only 36 percent of the above mentioned 40,934 bombing incidents can be given any attribution. But of this 36 percent, 56 percent of the incidents are attributed to campus disturbances and student unrest. Nineteen percent are attributed to black extremists, and 14 percent are attributed to white extremists. Eight percent are attributed to activities in acid of criminal pursuits such as extortion, robbery, and insurance fraud. Only 2 percent are attributed to labor disputes and 1 percent to religious difficulties.

Mr. Chairman, when I speak of black and white extremists, I mean those of both the left and the right. Similarly, when I speak of student and campus unrest, the statistics refer to the activities of campus hangers-on, non-students, or dropouts.

As the Committee is aware, there are already a great many state laws with respect to explosives and flammable materials. Most of them relate to questions of safety in storage and handling.

As further example of the need for further public protection, it should be noted that in some states it is illegal to buy firecrackers and fireworks while dynamite sticks may be purchased with ease by criminals and malcontents.

The Department of Transportation by statute controls the interstate transportation of explosive materials, and the Department of the Treasury is responsible for the administration of the Gun Control Act of 1968, which, among other things, regulates such "destructive devices" as any explosive, incendiary, or poison gas bomb, or grenade; rockets having a propellant charge of more than four ounces; missiles having an explosive or incendiary charge of more than one-quarter of an ounce; mines; or devices similar to any of the foregoing.

The Treasury also administers certain provisions of the Mutual Security Act of 1954 which deal, among other things, with military explosives, and the Department of Interior through its Bureau of Mines also has certain statutory authority with respect to explosives, such as regulating the use of explosives in the mining industry.

Mr. Chairman, as you can see, we have a proliferation of meaningless explosive control laws and jurisdictions. On March 24th of this year, I introduced a legislative package of three bills radically revising existing laws to control the sales, thefts, and transportation of such materials. In light of the statistics and the current wave of violence, who will argue that present laws are loose and vague?

But what good are such measures, really, unless we have stringent laws that act as deterrents? One of my measures. H.R. 16630, attaches the death penalty to crimes in which innocent victims are slaughtered by mad bombers. It would also amend Section 837, Title 18, of the United States Code to set life terms for crimes in which the use of explosives results in bodily harm, and minimum 25 years sentences for property damages.

When blowing things up becomes a popular pasttime, it is time to get a law that will end the carnage and protect the innocent bystander. The death penalty and other stiff criminal penalties will help to halt the present campaign of terror by dampening the fuses of anarchists and misfits.

From metropolitan New York to suburban Maryland, from the Nation's Capital to downtown Seattle, the nation has been set on jitters by recent life and property

destroying bombings and bomb threats. We can only meet these threats by the threat of the death penalty. If the death penalty is needed to prevent further loss of life, I believe the Congress should take this drastic step.

A companion measure, H.R. 11631, would amend the Internal Revenue Code of 1954 by imposing a tax on the transfer of explosives to persons who may lawfully possess them and to prohibit possession by known felons or fugitives from justice. This measure, in effect, would set up a national registration system. The application for purchase of explosives would be on record and a person found in possession of dangerous untaxed explosives would be in violation of Federal law. At present, Mr. Chairman, there is no Federal law controlling the sale and transfer of explosives.

The bill would:

Impose a tax on the transfer of explosives of 1% of value.

Provide for the registration of all importers, manufacturers, and dealers of explosives.

Provide for an application procedure for others which would delay the transfer of the explosive until the application was approved. On the application, the transferee would state the use for the explosive and—as in the old "Gangster Weapon Control Act of 1934-would be photographed and fingerprinted. The Secretary of the Treasury would have to approve the transfer once he was satisfied that it did not place the applicant in violation of law.

Provide for "one-time" registration of those who lawfully and regularly use explosives-e.g., construction firms, quarries, etc.

No one under indictment or who has been convicted of a crime punishable by imprisonment for more than a year, no fugitive from justice, adjudicated mental defective, or patient of a mental hospital, may receive or possess any explosive. The other measure, H.R. 16629, would amend the Gun Control Act of 1968 to require certain records to be kept relating to the sale and delivery of explosives. Mr. Chairman, tight controls over the purchase and use of explosives, coupled with stiff criminal penalties, are vitally-needed if we are to combat the spate of bombings across the country. These measures are essential if we are to protect the innocent.

The CHAIRMAN. The statement of Hon. Don H. Clausen, U.S. Representative in Congress from the State of California.

(The statement follows:)

STATEMENT OF HON. DON H. CLAUSEN, A U.S. REPRESENTATIVE IN CONGRESS FROM

THE STATE OF CALIFORNIA

Mr. Chairman, I sincerely appreciate this opportunity to present my views to the members of this distinguished committee in support of the legislation which has been proposed and which I have co-sponsored to strengthen our laws governing the illicit and illegal use, transportation, and/or possession of explosives in this country.

At the outset, let me say that I use the term "strengthen our laws" pertaining to explosives, with "tongue in cheek" since the United States is one of the very few countries in the world without a national law governing explosives in peacetime, except as it pertains to interstate commerce.

As gruesome as it is, throughout our history, Americans have become accustomed to reading and hearing about bombings for personal revenge and those attributed to organized crime. That, however, is not the nature of the new threat that some experts in the field are now describing as "politicallymotivated terrorist bombings".

This committee has access to the latest figures on the number of explosive and incendiary bombings and bomb threats which have occurred in this country in the past few years and I will not delve into them deeply except to say that, if the reported figures of 4,330 actual bombings, 40 deaths, 384 personal injuries, and $23 million in property damage in the past 16 months are accurate then we have a very serious problem on our hands and the time for the Congress to act has arrived.

I am told, Mr. Chairman, that, in the past 5 years, bomb threats in this country have increased by 400%. At the very heart of this new rash of terrorist bombings and bomb threats is what must now be accepted in this country as "anarchy-in-the-making". Recently, the Chairman of the Illinois Crime Commission testified to the effect that "well calculated guerrilla warfare has

become an integral part of SDS strategy. Workshops on explosives and sabotage have become common. Mr. Chairman, I share the view of many of these criminal and overt acts of explosive violence represent evidence of "urban guerrilla warfare" in America.

As such, in my judgment, there is a clear and present danger here that must be met. Young self-styled revolutionaries who, with the intent of doing harm to the general public, blow themselves up in the proces of producing "apartment variety explosives" can no longer be excused as merely concerned, frustrated youth. Instead, I submit that any person, young or old, leftist or rightist, who produces, transports or actually detonates an explosive or incendiary device as an open manifestation of dissent against his government or the society in which he lives-is, in fact, a dangerous criminal and perhaps the most dangerous ever to appear on the American scene.

The justification for a strong "anti-bombing bill" is overwhelming, the need is great, and time may well be running out. Our present laws, such as they are, are grossly inadequate to deal with this ominous threat. Local, regional and State law enforcement agencies desperately need assistance in the form of a no-nonsense Federal law.

The bill which we have offered, H.R. 16970, is a strong, no-nonsense approach. It will not, nor will any bill, bring a quick or total halt to this new form of explosive violence in America. It will, in my view, however, provide the kind of deterrent that I believe is absolutely essential toward curtailing and, hopefully, preventing any further increase in these types of bombings. Moreover, and perhaps equally as important, passage of this legislation will serve notice on the extremists who have resorted to bombings, that the Congress and the people will no longer tolerate these activities which pose such a grave threat to the general public who, as we all know, are most often the innocent victims of this brand of violence.

While it is true that terrorist bombings began in the big cities, they have recently spread to non-metropolitan areas as well. In my own State of California, officials there tell me there have been almost 20 bombings each week for the past two months. Recently, in the small town of Arcata, California on the North Coast of California, and which is located in my Congressional District, someone threw a fire bomb at the entrance to the local branch of the Bank of America. The next day, a young man was apprehended and taken into custody. He, strangely enough (or perhaps not so strangely) was from Isla Vista, California-almost 600 miles away-where the first fire bombing of a bank occurred during a student uprising this spring.

Mr. Chairman, on March 25 of this year, President Nixon sent a message to the Congress urging us to act "to assist State and local governments in their efforts to combat the multiplying number of acts of urban terror".

I should like to conclude my remarks here today with something the President said as he concluded his message to the Congress on this essential subject: “The anarchic and criminal elements who perpetrate such acts deserve no more patience or indulgence. It is time to deal with them for what they are."

I strongly urge swift consideration, approval and enactment of this legislation making it a Federal crime to transport, possess or use explosives for illicit, criminal bombings. Only in this way can we, in the Congress, relieve the fear, apprehension and anxiety that is spreading throughout this nation as the wave of terrorist bombings continues.

The CHAIRMAN. The statement of Honorable Rogers C. B. Morton, Representative in Congress from the State of Maryland.

(The statement follows:)

STATEMENT OF HON. ROGERS C. B. MORTON, A U.S. REPRESENTATIVE IN CONGRESS FROM THE STATE OF MARYLAND

Mr. Chairman: Thank you for this opportunity to submit my views to this Subcommittee of the Judiciary Committee on a subject of deep concern to me: the illegal use of explosives.

The United States has recently witnessed a growth of unprecedented terrorism as evidenced by the bombings in many of our nation's cities. There have been explosions in New York, Detroit, Chicago, and Birmingham. There have also been incidents of violence by incendiary bombs at many of the nation's armed services centers: such as the ROTC buildings on college campuses and, recently, at Camp McCoy in Sparta, Wisconsin, where men are in training this summer. 51-938-70- -21

Our citizens have learned the fear which unanticipated and ruthless bombings can invoke. The loss of lives and damage to buildings has been shocking and our citizens can, and should, rightfully expect that action be taken to relieve their deep-felt fears.

This matter was brought to my immediate attention as the result of a bombing incident which occurred in my District at the Old Cambridge Court House in the early morning hours of March 11. A bombing devastated the Court House by knocking out a corner wall of the building. When I flew to Cambridge that morning, I was stunned as I viewed the damage which news reports had sought to describe. The first floor and part of the second were damaged by the bomb and it is truly a miracle that no one was injured.

If the legislation which is now pending before this distinguished Subcommittee had been in effect at the time, it is conceivable that the incident would not have occurred.

I am firmly convinced that legislation must be enacted which would 1) expend the definition of "explosives" to include all explosives and incendiary devices, 2) make it a crime to transport such devices between states with the knowledge that they will be used to damage or destroy property and, simultaneously, increase the penalties for such interstate transporting, 3) revise the present laws to broaden coverage of, and increase penalties for bomb threats and hoaxes, 4) forbid the malicious damage of federal property and prohibit the possession of a damaging device in a federal building or on personal property used for business purposes, and 5) declare that the Federal jurisdiction in such incidents will not displace state and local jurisdiction in these matters.

Realizing that there have been many episodes during the past year of bombing hoaxes, bombings, and destruction of buildings by fires, I feel strongly that an end must be made to any further occurrences of this nature.

It is necessary that legislation be enacted which would effectively put an end to the terrorism which has plagued our citizens. They have a right as citizens of the United States to be able to move through buildings and homes without fear of a bomb exploding and causing damage and/or loss of life.

These occurrences must end. The legislation under consideration here today would be a positive step towards ending further incidents. It would assure our citizens of their safety from terrorist activities and threats by providing effective legislation to broaden the definition of explosives and increase the penalties for possession of such explosives.

The CHAIRMAN. The hearings on so-called explosive legislation will close, subject to the discretion of the Chair to reopen them if necessary. The meeting will now adjourn.

(Whereupon, at 12:05 p.m., the subcommittee adjourned.)

(Subsequently the following statements were submitted for inclusion in the record.)

STATEMENT OF HON. JOHN M. ASHBROOK, A U.S. REPRESENTATIVE IN CONGRESS FROM THE STATE OF OHIO

Mr. Chairman: In recent years the proliferation of violence-prone extremist groups, the dissemination of instructive material on the manufacture of explosives and incendiaries, inadequate security measures in the storage of explosives and inadequate State and Federal laws have all combined to encourage the rash of bombings which plague our Nation today.

If one doubts the severity of the problem, testimony before Congressional committees should be consulted. At the present time, for instance, The Senate Permanent Subcommittee on Investigations of the Committee on Government Operations is holding hearings on bombings and terrorism which have provided invaluable information on this issue. A Subcommittee investigator, Philip R. Manuel, in his testimony last week introduced three staff studies which certainly were pertinent to the legislation now being considered by the House Judiciary Committee. The studies covered bombings, both explosive and incendiary, and attempted bombings; thefts of explosives; and terroristic attacks and assaults on law enforcement facilities and personnel. The findings of the three studies are both revealing and frightening, to say the least.

As an illustration, the Subcommittee's study on bombings and attempts does not list every bombing or attempted bombing throughout the country during the

period covered by the study, January 1, 1969 through July 9, 1970, but sought to provide a cross-section or profile of the scope of the problem including the nature, pattern and escalation of cases involving misuse of destructive devices. The study recorded a total of 1,188 bombings and attempts for 1969, and for 1970, up until July 9, the study listed 599 explosive bombings, 453 incendiary bombings and 135 attempts to bomb.

A glance at the targets of these bombings will illustrate the urgency of corrective action:

7 foreign embassies and consulates, all in 1970.

106 bombing attacks on Federal Government property, including Selective Service Offices and ROTC facilities.

126 bombing attacks on State and Municipal Government property.

151 bombing attacks on industrial facilities, public utilities and railroads. 253 bombings in private homes and against personal property such as automobiles, in this category we also recorded 16 separate incidents of teenagers injured while constructing homemade bombs.

228 bombings against schools and colleges, 145 of which occurred at colleges, 71 at high schools and 5 at elementary schools. Approximately 1% of these bombings occurred in high schools and elementary schools, indicating that teen-agers and even younger children are taught how to use explosives and incendiaries and indeed are using them.

32 bombing attacks were directed at churches and synagogues.

Further compounding the problem in the past has been the comparative laxity in the storage and security of explosive materials. While the components of incendiary bombs are easily procurable, the elements peculiar to explosive devices are not usually household items. However, contractors and other users of explosives have generally not been security conscious in storing these materials in the past, which is understandable, for the increase in extremist individuals and organizations have come on the scene in the last few years.

In addition, military installations have also been the target of the explosives thieves with such thefts, in the State of California, for instances, reaching an alarming rate.

From January 1, 1969 to May 30, 1970, there occurred 87 separate thefts involving 31,370 pounds of dynamite and other explosives, 94,018 blasting caps and 101,450 feet of detonating cord and fuse wire. One can more fully appreciate the problem when one considers that the 31,370 pounds of dynamite and other explosives this amounts to approximately 16 tons-can devastate quite a number of schools, churches, Federal installations and public utilities!

There's no need to further belabor the Subcommittee with additional arguments in support of legislation such as H.R. 18573 which I have co-sponsored. This proposal seeks to regulate the importation, manufacture, distribution, storage, and possession of explosives, blasting agents, detonators, among other things. This measure requires a license to engage in the business of importing, manufacturing, or dealing in explosive materials. Unlike firearms, explosives are not kept in the home for the protection of family nor employed in the area of sports by a large number of this Nation's citizens. In the hands of qualified personnel and for legitimate uses, explosive materials serve useful purposes. But possession of such materials by the inexperienced, the mentally ill and the violence-prone can only continue to increase the destruction we have been witnessing recently.

H.R. 18573 goes to the heart of the matter in restricting other than legitimate uses of explosives and would make liable those who import, manufacture, distribute, store and possess these highly dangerous elements for illegal purposes. In my opinion it would be of immeasurable help to law enforcement authorities in returning once again to responsible hands these most volatile materials.

I would hope that this Committee and eventually the entire Congress act favorably on H.R. 18573.

STATEMENT OF HON. MARIO BIAGGI, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK

Mr. Chairman, a little over a year ago, the radical Students for a Democratic Society divided into three branches. The most radical-the Weathermen-have as their avowed aim the destruction of our society so as to rebuild it to their own design. Since that division we have seen in this country an increase in bombings and bombing threats.