r^^
CONTROL OF EXPLOSIVES
Administration and Execution of^the L|>vf ^s^rtaining to
the Control of Explosives
HEARINGS
BEFORE THE
SUBCOMMITTEE TO INVESTIGATE THE
ADMINISTBATION OF THE INTEENAL SECURITY
ACT AND OTHER INTERNAL SECURITY LAWS
OF THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
NINETY-FOURTH CONGRESS
SECOND SESSION
PART 4
INSTITUTE OF MAKERS OF EXPLOSIVES
JUNE 22, 1976
Printed for the use of the Committee on the Judiciary
c;
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810 WASHINGTON : 1976
GOV DOCS
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Library J concord. New Hampshire Q33Qi
* ON DEPOSIT NOV 2 4 1976
^ CONTROL OF EXPLOSIVES
Administration and Execution of the Law,s K^irtaining to
the Control of Explosives
HEARINGS
BEFORE THE
SUBCOMMITTEE TO INVESTIGATE THE
ADMINISTBATION OF THE mTEENAL SECURITY
ACT AND OTHEE INTERNAL SECURITY LAWS
OF THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
NINETY-FOURTH CONGRESS
SECOND SESSION
PART 4
INSTITUTE OF MAKERS OF EXPLOSIVES
JUNE 22, 1976
Printed for the use of the Committee on the Judiciary
U.S. GOVERNMENT PRINTING OFFICE
810 WASHINGTON : 1976
GOV DOCS
KF
3953
.A25
1976x
. For sale by' the' Superintendent of Documents, U.S. Government Printing Office
pt.4 ' " Wasliington, D.C. 20402 -Price 40 cents
^t^ ^^ There is a Tninimnm charge of $1.00 for each mail order
T^esearcfr >^^NKUN pierce law center
Library "concord. New Hampshire .033Qi
^ ^ ON DEPOSIT NOV 2 4 1976
Boston, liA j^ii6
COMMITTEE ON THE JUDICIARY
JAMES O. EASTLAND, Mississippi, Chairman
JOHN L. McCLELLAN, Arkansas ROMAN L. HRUSKA, Nebraska
PHILIP A. HART, Michigan HIRAM L. FONG, Hawaii
EDWARD M. KENNEDY, Massachusetts HUGH SCOTT, Pennyslvania
BIRCH BAYH, Indiana STROM THURMOND, South Carolina
QUENTIN N. BURDICK, North Dakota CHARLES McC. MATHIAS, Jr., Maryland
ROBERT C. B YRD, West Virginia WILLIAM L. SCOTT, Viiginia
JOHN V. TUNNE Y, California
JAMES ABOUREZK, South Dakota
Subcommittee To Investigate the Administration of the Internal
Security Act and Other Internal Security Laws
JAMES O. EASTLAND, Mississippi, Chairman
JOHN L. McCLELLAN, Arkansas STROM THURMOND, South Carolina
WILLIAM L. SCOTT, Virginia
Richard L. Schultz, Chief Counsel
Caroline M. Courbois, Assistant to the Chief Counsel
Alfoxso L. Tarabochia, Chief Investigator
Robert J. Short, Senior Investigator
Mary E. Dooley, Research Director
David Martin, Senior Analyst
Resolution
Besolved, hj the Internal Security Subcommittee of the Senate Com-
mittee on the Judiciary, That the testimony of Messrs. Brooke J.
Calder, Jr., Frank H. Gordon and Harry L. Hampton, of the Institute
of Makers of Explosives, taken in executive session on June 22, 1976,
be printed and made public.
James O. Eastland,
Chaiiman.
Approved November 5, 1976.
(H)
CONTROL OF EXPLOSIVES
Administration and Execution of the Laws Pertaining to the
Control of Explosives
TUESDAY, JUNE 22, 1976
U.S. Senate,
Subcommittee to Investigate the
Administration of the Internal Security Act
AND Other Internal Security Laavs
OF the Committee on the Judiciary,
Washington, D.C.
The subcommittee met, pm'siiant to notice, at 10:50 o'clock a.m.,
in room 324, Russell Senate Office Building, Senator Strom Thurmond
presiding.
Also present: Richard L. Schultz, chief counsel; Robert J. Short,
senior investigator; David Martin, senior analj^st.
Senator Thurmond. The subcommittee will come to order.
The Internal Security Subcommittee meets this morning for the
purpose of receiving testimony relating to our continuing inquiry
concerning the control of explosives.
We are pleased to welcome before the subcommittee this morning
Mr. Brooke J. Calder, Jr., vice president of manufacturing of the
Austin Powder Co., Cleveland, Ohio. It is my understanding that
Mr. Calder is appearing here today as a spokesman for the Institute
of Makers of Explosives and is accompanied by the association's
general counsel, Air. Frank H. Gordon and Mr. Harry L. Hampton,
who is executive director of the Institute of Makers of Explosives.
We are glad to have all you gentlemen here. We welcome you to
the Internal Securit}^ Subcommittee and are looking forward to your
testimony. Prior to presenting your prepared remarks will you please
rise and be sworn?
Will you raise your right hand, please.
Do you solemnly swear that the evidence you are about to give
shall be the truth, the whole truth and nothing but the truth, so
help you God?
The Witnesses. We do.
Senator Thurmond. Mr. Calder, we will recognize you first.
Would you like to offer your prepared statement for the record, and
present a summary at this time?
Mr. Calder. Yes, I would.
(145)
146
STATEMENT OE BROOKE J. CALDER, JR.
Senator Thurmond and members of the Senate Internal Security
Subcommittee :
My name is Brooke J. Calder, Jr. I am vice president of manufac-
turing of Austin Powder Co., Cleveland, Ohio. I am appearing here
today as spokesman for the Institute of Makers of Explosives, New
York, N.Y., as its president. Accompanying me are Frank H. Gordon,
general counsel to the Institute and Harry L. Hampton, Jr., its execu-
tive director.
The Institute of Makers of Explosives is a trade association whose
member companies manufacture approximately 85% of the commercial
explosives and blasting agents used annuall}'' in the United States.
They also produce and distribute most of the blasting supplies and
accessories such as blasting caps, safety fuse, detonating cord, blasting
machmes and related tools. IME has genuine concern for, and makes
continuing efforts towards, the promotion of safety in the manufac-
ture, transportation, storage, and use of commercial explosives in
this country.
We appear before j^ou today because, in addition to our interest in
safety, we share the concern you have expressed for illegal and ter-
roristic use of explosives. We welcome your invitation to present our
views on the need for new or amended Federal legislation to augment
measures to prevent the misapplication of our products for subversive
purposes.
At the outset, we wish to commend the Bureau of Alcohol, Tobacco
and Firearms of the Department of the Treasury for its able adminis-
tration of the existing Federal statute governing criminal activity
using explosives — chapter 40 of title 18 of the United States Code,
enacted as part of the Crime Control Act of 1970. IME has been
privileged to offer technical and legal assistance to the Bureau in
carrying out its critical regulatory responsibilities under title 18.
We 'believe that the statute provides comprehensive licensing pro-
cedures that are essential to avoid improper use of explosives, and that
BATF's enforcement of these procedures has been effective. There
are, however, some amendments to the legislation which we propose
for the subcommittee's consideration at this time to further uniform
control over the misuse of explosives.
In our view, subversives and terrorists have tliree sources for
explosive materials: (1) purchase under false identity in legitimate
channels, (2) theft or embezzlement, and (3) homemade manufacture.
IME's basic thesis is that there should be adequate and uniform safety
and security controls over explosive materials from the powder mill
to the bore hole as the best way to counter supply from such sources.
The Institute is continually engaged in communication with all the
Federal agencies having jurisdiction over explosives — BATE, the
Department of Transportation, the Occupational Safety and Health
Administration, the Mining Enforcement and Safety Administration,
and the Environmental Protection Agency — to bring about, in the
interest of safety, uniform provisions in Federal regulations governing
these dangerous but essential materials. We also encourage all of the
States to adopt uniform regulations and have made a model law and
regulations available. There still remain several areas of conflict among
147
the explosives regulations of the Federal agencies which IME hopes
will be resolved by the Congress if they cannot be resolved among the
agencies. However, we will address today those problems of misuse
of explosives of particular concern to j^our committee which we believe
can be alleviated by uniform statutory provisions.
Fnst, as to purchase in legitimate channels, IME urges that the
"contiguous State" exemption in section 842(a)(3) of title 18 be
repealed. This provision exempts from the requirement of a license
or permit a person who lawfully purchases explosives materials from
a Hcensee in a State contiguous to the State in which he resides, and
permits such a person to sliip or receive such explosive materials to or
within the State in which he resides if this shipment or receipt is
permitted by the law of the State in wliich he resides. This exemption
allows the acquisition of explosives by persons who are not required
to have a license or permit, and has therefore fostered instances where
persons not experienced in, or intent upon the improper use of ex-
plosives, including terrorists and those otherwise engaging in illegal
activities, to have ready access to these hazardous articles. A prime
example of this was the accidental destruction several years ago of a
house in Greenwich Village in New York City by a terrorist group
apparently operating a bomb factory. Federal authorities traced an
undetonated stick of dynamite found in the remains to an explosives
dealer in Keene, N.H., who had sold a lot of explosives to a purchaser
posing as an employee of an unlicensed resident of Brattleboro, Vt.,
a State contiguous to New Hampshire wliich would allow receipt of
explosives by nonlicensees.
IjME believes that this and other similar occurrences can be avoided
by requiring all purchasers of explosive materials moving in commerce
to have a license or permit, Federal or State. The fee does not have to
be excessive — $5 to $15 is a suggested range. What is important is
that the distributor of explosives be mformed by means of display of
the license or permit that the materials are most likely to be used by
one who knows their hazards and who has previously satisfied BATF,
or other law enforcement ofiicials, that they will be handled safely
and for a legitimate purpose. To exempt such a large class of persons
dealing with explosives from license or permit requirements affords
terrorists a ready source. Mandating a license or permit will not com-
pletely insure against terrorism with explosives, but it will close a
loophole of legitimate acquisition for illegitimate purposes that has
made it all too likely that such activity can occur.
In this connection, IME proposes that chapter 40 of title 18 also
be amended to provide a uniform permit number system throughout
the 50 States, This -will afford distributors of explosives an efficient
method of recording explosive purchases, and identifjdng purchasers,
and will further afford BATF an efficient method of recordkeeping
for investigations. The advantages of such a uniform numbering system
to BATF's enforcement program under title 18 are manifest. It might
also encourage uniform State action.
With regard to theft, we would like to address the question of
storage. From our experience, the storage provisions of title 18 and
BATF's regulations are adequare from a security standpoint. More-
over, improvement in security technique is a subject more for regula-
tions than for statute. However, IME recommends a return to the
5-pound restriction on the amount of black powder permitted to be
148
stored in an enclosure whicli is not a magazine. BATF recently in-
creased the permissible storage amount from 5 to 50 pounds, in accord
\vith Public Law 93-639, 18 United States Code 845(A)(5). Black
powder is one of the oldest explosives in this country, and lends itself
to terrorist use since its container can be disposed of when a bomb is
made. Excessive amounts of black powder not stored in m^agazines
pose clear security and safety hazards. Here is an unlocked source!
As a matter of safety and security, BATF should be authorized to
return to the 5-pound limitation. Congress should amend title 18 so
to provide. This would not impose an undue hardship on the muzzle-
loader enthusiasts.
As to embezzlement, such as pilfering by an employee at a mine
or construction site, there is little if anything to be accomplished by
legislation that we know of. Likemse, homemaking of explosives is
not readily subject to control. On the other hand, the techniques of
self-manufacture of explosives are not widely known, and the ma-
terials not readily available.
Finally, we understand that you have been interested in the matter
of tracing materials in packaged explosives, which could be detected
after detonation, as well as the possibility of introducing some ingre-
dient which would make it possible to identify the presence of un-
detonated explosive materials in a package or luggage. These are
strictly law enforcement activities, not related to safety in the regular
legitimate commerce in commercial explosives. Accordingly, the cost
should not be imposed upon the law-abiding citizens dealing in or
using explosives properly, so as to protect the public at large against
law violators who would use explosives improperly.
Therefore, we feel that the cost of any "tagging program" should
be borne by Government. Industry will cooperate in introducing the
taggants to its products, and keeping necessary records, but we
strongly urge that the taggants should be paid for by BATF, and
their issue controlled by BATF, as the only way to make the program
effective. We assume that the modest added expense of the manu-
facturing and recordkeeping processes would be a deductible expense.
Thank you for giving the explosives industry this opportunity to
present its views on the desirabihty of amended legislation to control
abusers of commercial explosives in the United States.
TESTIMONY 01 BROOKE J. CALDEE, JR., INSTITUTE OE MAKERS
OF EXPLOSIVES, NEW YORK
Mr. Calder. I think the Institute's position has been constant
for approximately 8 to 10 years, that we believe the best control
would be a nationwide licensing program where the purchaser of
explosives would be required to show to the seller identification,
cleared by some enforcement agency, to allow the seller to have
confidence that the man is first bona fide to buy, and second, is who
he is said to be.
We in industry have a very difficult time trying to ascertain the
validity of people who are not in the large consuming element of the
industry. For example, operators of coal companies, construction
companies, they are easily identified because you deliver to their
site; but a person who wants to buy a small quantity, it is very
149
difficult to identify properly that that man indeed is who he repre-
sents that he is. So, one of the things we feel would be the best control
would be a nationwide licensing program under an enforcement
agency.
Senator Thurmond. Who do you think ought to issue the license?
Would it be a new agency, or an existing agency?
Mr. Calder. I tliink the BATF would be the most qualified.
They now take care of the licensing for the manufacturing, distribu-
tion and the storage of explosives. They would have the bona fide
people as starting points; they would know who the people are who
are selling, and many of the people who are receiving.
Senator Thurmond. You might spell out the initials you used.
Mr. Calder. The Bureau of Alcohol, Tobacco and Firearms.
Mr. ScHULTZ. If I may at this point, Mr. Chairman; in effect,
what this licensing would do would be to shift the burden from the
seller, or give him some method by which he can at least make a
minimum assessment as to who the purchaser is. He will have a
number, a license, or permit number that he can record when he
sells explosives.
Mr. Calder. That is correct.
Mr. ScHULTz. The statute now requires, if the seller has "reason
to beheve" that the explosives will be used for some unla\vful purpose,
he is not to sell them. The seller has the burden of making that
determination, but no ability to make it; there is nothing required
for the purchaser to present to the seller so that he can make the
"reasonable belief" determination.
Senator Thurmond. Now, do you think it would be better to
place the burden on the BATF by issuing a hcense, rather than to
place the responsibility on yourself, as I understand you?
Mr. Calder. I think they have the capacity, through relation-
ships with other agencies, to determine whether the man should be
able to purchase explosives.
Senator Thurmond. If a man sold explosives, then, and a fellow
came up with a license to buy, then he would know it's all right to
sell it; if he didn't have it, he wouldn't sell it.
Mr. Calder. That is right.
Senator Thurmond. So, that puts the burden on the seller not to
sell to anybody who does not have a license to purchase.
Mr. Calder. That is correct.
Mr. Gordon. I want to suggest a simple illustration of this point,
Senator. If the purchaser has a criminal record and the seller is not
supposed to sell to somebody with a criminal record, he has no ability
to determine whether that would-be purchaser has a criminal record.
But if the purchaser has to get a license and somebody checks on
whether he has a criminal record, then they would know, if he has a
license, that he is cleared from that standpoint. I just give that as a
simple little illustration.
Senator Thurmond. That would protect the seller, too.
Mr. Schultz. That, of course, brings up the related issue that
merely a fee for a license would not be enough, but there would have to
be a collateral investigation in connection with the applicant, to deter-
mine that he is a qualified individual to handle explosives.
Senator Thurmond. Well, under this plan, as I understand it,
BATF would not issue a license until they investigated this person, his
150
record, and so forth; and if lie has a good record and a good reason for
wanting these explosives, then they would issue a license, otherwise
not; is that your understanding?
Mr. Gordon. That is right. Senator. Also, we feel that the legiti-
mate user would have no trouble in getting a license, and we would
not have the licensing costly. We are talking about a small amount,
$5, $10, $15, the further down on the line that you got the less you
would be charged. So, that would not be a burden, but it would be a
requirement to keep our products in the hands of legitimate people
from the place where they are manufactured to the place where they
are exploded.
Senator Thurmond. Well, something has to be done because the
way these terrorists obtain these explosives and are killing people and
maiming people is outrageous, and it has got to stop somewhere.
Now, did you have anything else?
Mr. Calder. One of the other points we present for consideration
is the reversal of the exemption on black j)owder. There was an exemp-
tion, I believe, on 5 pounds, and then it was raised to 50 pounds.
This is unregulated, does not have to be locked, under control.
Our point is that we believe it should go back to a 5-pound limit,
and then be properly stored and controlled. There have been occur-
rences noted in the newspapers where commercial stores have blown
up because there had been black powder stored improperly, in our
judgment, for safety purposes, but stored legally in the building. They
had a fire in the building, and the building has been blown up. There
was a case in Indiana and a case in Ohio where these two conditions
existed.
Mr. Hampton. Incidentally, the BATF made the very same recom-
mendation here within the past year, and it was the judgment of the
Senate committee then, holding the hearings, to disregard that
recommendation.
Senator Thurmond. Was that the judgment of the Judiciary
Committee?
Mr. Hampton. I believe so.
Mr. ScHULTz. I believe it was, Senator. I believe the reason for
the increase was the idea that those who are muzzle loaders needed
more black powder than 5 pounds — it didn't give them enough to
adequatel}^ load.
Mr. Hampton. That this may in fact inhibit certain legitimate
users of black powder. But from a pure local safety standpoint, I
don't believe you or anybody else wants to live next door to 50 pounds
of black powder that is not kept in a proper magazine.
Senator Thurmond. Yes.
Mr. Hampton. For the same reason you don't want to be next door
to somebody who has a 55-gallon drum of gasoline; and most local
regulations prohibit such storage of gasoline. The same logic would
apply, it seems to me, to black powder. The BATF feels the same.
Senator Thurmond. Do you have anything else?
Mr. Gordon. Just in connection with that. Senator, the pressures,
the motivation for raising that limit to 50 pounds was from the muzzle
loaders, people who had a legitimate use for the black powder. But it
was our thought that there probably are a lot of groups that go in for
this sort of thing, they have yearly parties where they go out and re-do
151
the battle of White Phiins, or somethmg hke that, from the revoUi-
tionary days. There is no reason why those groups could not have an
excess amount of powder in a magazine.
Senator Thurmond. Five pounds, for one man, is a lot of powder.
Mr. Gordon. Yes, sir. So, they could have the extra quantity
stored in a magazine and made available to them on these legitimate
occasions. There is a dual problem. There is not onl}' the problem of
somebody stealing it and making a bomb out of it, but there is the
problem that Mr. Hampton mentioned, that if somebody who is a
buff, somebody who is a nuizzle loader, has 50 pounds in his garage
and there is a fire that certainly is a hazard to the neighborhood. So
that you could not only have a terrorist explosion, but an accidental
explosion which would do just as much harm to tlie people that were
in the vicinity.
That is something we think ought to be reversed, and go back to the
original limit.
And the other point that is in the written statement that Mr. Calder
didn't emphasize now is the question of neighboring States, con-
tiguous States. The licensing requirements that presently exist permit
somebod}^ to buy from a neighboring, continguous State, and while
BATF has done its best to require certain forms within the scope of
its regulations, nevertheless, there is no permit requirement that covers
that interstate transportation which the United States has control
over under the Constitution, from one vState to the next.
We gave a little ihustration where somebody could come over from
Vermont to New Hampshire and say, Farmer Brown wants to shoot
some stumps, and I'd like a case of dymamite, and he can get a case
of dynamite, and there is no Federal control over him. We think
there is no reason for that. We have some idea how it got in there
originally.
Mr. ScHULTZ. If the licensing recommendations you made were put
into effect, do you believe that that would eliminate partially the
problem of the exception contained in the contiguous States provision?
Mr. Gordon. That is correct.
Mr. ScHULTZ. So, the licensing aspect may be more important than
trying to repeal the contiguous State exception contained in title IS.
Mr. Gordon. It would do both.
Mr. Calder. If you did have a licensing requirement, then the
contiguous States would not have an exemption from that licensing
requirement, it would be a moot point. But if it still had the exemptions
it would not be to what we think would be a benefit.
Mr. ScHULTz. Senator, I knov*' that you have another meeting to
attend, would you entertain a motion for us to send additional ques-
tions that we do have and ask for a response in writing?
Senator Thur:\iond. Off the record.
[Discussion off the record.]
Senator Thurmond. Would you respond to some questions we will
send you, and answer them for the record?
Mr. Calder. Yes; we would.
Senator Thurmond. I have some questions here, and there may be
more that arise out of this hearing. It would be well for you to take
time and think of additional questions, and for them to take time and
supply answers.
[The questions and answers referred to will be found on p. 154]
77-810—76 2
152
Now, how many differenv. types of explosives are there? You've
got black powder, you've got dynamite, and what else?
Mr. Hampton. The explosives list is three columns wide and one
full page long, as published by BATF.
But those that are in common use, as far as commercial application,
Mr. Calder can tell you better than I.
Senator Thurmond. Would you please provide the subcommittee
with a list of all the explosives that are most commonly used.
Mr. Calder. There are about a dozen common uses.
Senator Thurmond. I think tlie record ought to show that.
Now, one thing that strikes me, the National Guard Armory, people
break in and steal guns ; they are breaking in people's homes and steal-
ing guns; they break in stores and steal guns. If they wanted this
explosive and you had 50 pounds, they would run the risk of breaking
in to get 50 pounds.
In other words, if a fellow is allowed to purchase 5 pounds instead
of 50 pounds, it is more inducement for a man to go after that 50
pounds, if he can't get it legally, don't you think?
Mr. Calder. My opinion would be, no. The only reason why I
say that, I think the people who legitimately want the product will
go by the rules of the game to use it.
Senator Thurmond. I'm not speaking about those — sure, they wiU.
I am speaking about the fellow who wants to get it illegally. Wouldn't
it be more inducement to him if he can get 50 pounds instead of 5
pounds, to break in a home or store?
Mr. Calder. Oh, yes, I see what you mean; certainly, it would be.
Senator Thurmond. And isn't it a temptation to people where they
can't get it legally because they have a criminal record, or some other
reason would prevent them from getting it legally, to follow a course
of action to get it illegally. Of course, that would be to steal it or get
it in some other illegal manner.
Are there any other statements you have to make?
Mr. Gordon. Just in connection with that, Senator, all explosives
that are required to be kept stored in a magazine, and there are five
types that have been set up by BATF in their regulations, every one
of those five tvpes requires a lock on it.
Now, there are thefts from magazines, but there we have said in the
statement that we don't recommend legislation so much as a continu-
ing development of security devices on magazines to prevent thefts.
We think BATF is doing a good job in that area.
But it does go with your thought that if you have to keep any
significant quantity of "^ explosives in a magazhie you have some
security because it is locked up, and that is a deterrent to the terrorist
in his eft'orts to acquire these explosives.
Senator Thurmond. Off the record a minute.
[Discussion off the record.]
Senator Thurmond. Back on the record. What type of magazine
are explosives stored in?
Mr. Calder. The BATF set up five categories of magazmes for
different types of explosives. There are cap sensitive explosives that
they ask to be stored in a buUet-resistent type of construction.
Senator Thurmond. Would you answer that niore fully for the
record when you answer these questions that we will send to you?
153
[To counsel.] You might propound a question on that.
Mr. ScHULTZ. All right.
Senator Thurmond. Those different types of magazines in which
explosives are stored, and the j^rotection the magazines give.
Mr. ScHULTz. Ma}'" I ask one general question, Senator?
Do 3'ou see an}^ need for regulations concerning the related materials,
the caps, the fuses — some of the items that go with explosives. As T
understand it, there is very little regulation on the handling, the ])ur-
chase, and the storage of those.
Mr. Hampton. That is not true.
Mr. Calder. They fall within that same category.
Mr. ScHULTZ. In other words, fuses are fully regulated?
Mr. Gordon. A safety fuse is put in the category of an explosive.
Mr. ScHULTZ. I stand corrected.
wSenator Thurmond. A safety fuse contains explosive material.
Mr. Gordon. It contains black powder to make it burn.
Mr. ScHULTZ. Are there storage requirements for fuses?
Mr. Gordon. Oh, j^es; and the requirement that caps, fuse ca])s not
be stored in the same magazine with explosives.
Mr. ScHULTZ. I'm aware of that.
Mr. Gordon. There are regulations on all of those materials.
Mr. Hampton. And they are subject to the same inventory process
that applies today to dynamite, whereby the magazine must be —
what is it, three times a week?
Mr. Calder. Yes, three times a week.
Mr Hampton. An inventory record nnist be maintained on a 48-
liour basis.
Mr. Short. But is this in fact actually done?
Mr. Hampton. As long as they are licensed by BATF.
Mr. Calder. They are diligently checking that enforcement. They
are around very often. They check the records of the people on the
consuming side, and also at the distribution points.
Senator Thurmond. Now, are there any other statements you
gentlemen want to add? On these questions that are propounded, if
you think of anything else you think would help the course here, why,
feel free to make them.
Mr. Calder. Yes, sir.
Senator Thurmond. Anything else?
Mr. Schultz. No, sir.
Senator Thurmond. I want to thank you gentlemen very much for
your presence here.
These terrorist activities are increasing over the country and over
the world, and it seems to me that we have got to take some steps.
Mr. Calder. Thank you for the opportunity. Senator.
Senator Thurimond. We've got to come up with some legislation.
I think after we get the record all completed and the answers to these
questions that will be submitted, the record will probably reveal
that we need legislation; and if we do, that will|,be the responsibility
of the subcommittee to prepare and bring to the floor and the full
committee.
Thank you very much.
[Whereupon,' at 11:10 a.m., the subcommittee adjourned, subject
to the call of the Chair.]
154
Supplemental Questions and Answers
[Referred to on p. 151]
Qucslimi. Are all of the largest companies which manufacture explosives mem-
bers of the Institute of Makers of Explosives?
Answer. Yes, except for Gulf Chemical and Independent Powder Co., Cleveland,
Ohio, who are not members.
Question. Is the makeup of your membership substantially inclusive of the
manufacturers of explosives so that you truly speak for the industry?
Answer. Yes.
Question. You note in your statement that you have encouraged the several
states to adopt uniform regulations and have made a model law and regulations
available. Would you amplify on this?
Answer. IME Publication No. 3, entitled "Suggested Code of Regulations for
the Manufacture, Transportation, Storage, Sale, Possession and Use of Explosive
Materials" has been circulated to the Governors and legislative leaders of all 50
states. .
Qitestion. What inconsistencies have you found and what recommendations
have you made?
Answer. The principal inconsistencies in state regulations governing explosives
derive from the failure of many states to update their regulations. Two notable
examples of this are (1) the American Table of Distances for a table of safe dis-
tances between magazines and inhabited buildings, public highways, etc., which
was revised by IME on November 5, 1971 but not by several states; and (2) the
old classification of magazines bv three types instead of the five types which
IME has adhered to since the latter were prescribed by regulations of the Bureau
of Alcohol, Tobacco and Firearms, 27 CFR 181.183. BATF's regulations provide
for storage facilities for blasting agents which are safe but less restrictive than
those for explosives. We have recommended that the revised American Table of
Distances and the BATE classification of magazines be adopted by the states.
In addition, some states do not require permits for intrastate purchase of explo-
sives. We have recommended that the permit requirement of Title IS, Chapter
40, U.S. Code, for explosives purchases be adopted by all the states.
Question. You note that there are several cases of conflict among the explosive
regulations of the Federal agencies and you suggest that these should be resolved
by the Congress if they cannot be resolved among the Agencies. Would you
identifv these areas of conflict?
Answer. IME has recommended that Federal agencies have similar basic re-
quirements for explosives, such as definitions, with diverse requirements in their
respective particular areas of expertise so long as such diversity is practicable.
The principal areas of conflict among the explosives regulations of Federal agencies
concern the definition of the term "blasting agent" and the provisions for ship-
ment of electric l)lasting caps with high explosives.
The Bureau of Alcohol, Tobacco and Firearms has adopted the Congressional
definition of "blasting agent" (18 U.S.C. §S4ire)), while the Mining Enforce-
ment and Safety Administration has adhered to a definition with reference to
regulations of the Department of Transportation which exclude certain materials
that are defined as a blasting agent under the BATE definition. This has caused
great confusion among users of non-cap-sensitive blasting materials, who must
label, use and store such materials under one set of requirements by BATF and
another bv MESA if the materials are used in mining o]3erations.
The regulations of the Department of Transporation permit shipment of electric
blasting caps in the same vehicle as explosives, while those of the Occupational
Safety and Health Administration do not. This results in the practical prolMem
of lawful compliance with DOT regulations during interstate shipments of electric
blasting caps and high explosives but unlawful violation the moment such
shipments arrive at explosives operations under OSHA's jurisdiction.
Question. Do any of these areas of conflict result in loopholes or lack of regulatory
enforcement, as a result of which explosives may come into the hands of those who
will use the explosives for illegal purposes?
Answer. Under the regulations of the Bureau of Alcohol, Tobacco and I'lrearms,
27 CFR 181.183(e), blasting agents are required to be stored in theft-resistant
magazines. Regulations of' the xMining Enforcement Safety Administration,
30 CFR § 55.6, 56.6 and 57.6 do not reciuire storage of blasting agents in magazines
of any tv'pe. It is clear that blasting agents used in surface or underground inmmg
operations may come into possession of persons who will use them for illegal
155
purposes because of the absence of a requirement by JNIESA that they be stored m
magazines which are theft-resistant. I ME has proposed to MESA that it adopt
BATF's storage regulations for blasting agents to close this loophole and achieve
uniformity of Federal regulation in this area.
Question. You suggest that the contiguous state exemption embodied in section
842(a)(3) of Title 18 be repealed. Isn't the difficulty here the fact that the statute
places the burden upon the licensee through the language "has reason to believe
intends to transport", without providing the licensee the ability to check the
status or the requirement that he do so?
Answer. The problem with the contiguous state exemption in 18 U.8.C. 842(a)
(3) is that it exempts certain purchasers of explosive materials from the require-
ment of a license or permit. As we explained in our testimony, this fosters in-
stances where inexperienced persons or persons intent upon the improper use of
explosives can have ready access to these dangerous articles.
Question. With regard to your suggestion that purchasers of explosive materials
which move in interstate commerce be required to ha\-e a license or permit — how
do you envision this would work, and which Agency would have jurisdiction over
the enforcement of this aspect?
Answer. State authorities would administer the license or permit requirement for
purchasers of explosive materials, with the Bureau of Alcohol, Tobacco and
Firearms having jurisdiction to enforce the requirement. The Bureau would issue
licenses or permits in states which do not have their own licensing procedures for
purchasers.
Question. And do you envision the need for criminal sanctions to be imposed
for a violation?
Answer. Yes.
Question. Does the Institute of Makers of Explosives maintain any statistics
pertaining to the theft or miscellaneous disappearance of explosives?
Answer. Yes.
Question. Do you have any statistics relating to where these thefts or mis-
cellaneous losses occur?
Answer. Yes. Enclosed are IME's records of theft reports for the years 1973-7").
[Approximately 80 reports were furnished and retained by the subcommittee.]
Question. Is there a serious theft of explosives from interstate shipment?
Answer. See answer to the previous question.
Question. Are each of your members called upon by the Bureau of Alcohol,
Tobacco and Firearms to provide them with information concerning the date
shift code and first purchaser of explosives?
Answer. Yes.
Question. Does .your organization provide guidance and counsel to your mem-
ship concerning how your members can best be in compliance with the existing
regulations pertaining to the control of explosives?
Answer. Yes.
Question. Does your Association recommend any standards which are more
stringent than those required by Federal statute or regulation?
Answer. Yes.
Question. Is the focus of IME primarily safety as it relates to the handling,
storage and transportation of explosives?
Answer. The focus of IME is safety in the manufacture and use of explosive
materials as well as in their handling, transportation and storage.
Question. Do you keep statistics relating to the civil penalties imposed or
criminal sanctions imposed against any of your membership?
Answer. No.
Question. Do you record the violations which prompted such action?
Answer. No.
Question. Does your Association conduct an in-house investigation or inspection
for your membership?
Answer. Upon request.
Question. Do you see a need for greater control on blasting supplies and acces-
sories, such as blasting caps, safety fuses, detonating cords, blasting machines,
and related tools?
Answer. Not separately, but as part of control of all explosive materials.
Question. Do you see the need for a background investigation for all individuals
who handle, possess or use explosives?
Answer. Only for persons who are not recognized legitimate users of explosives.
156
Question. Do you sec the need for better training of those individuals who
actually handle explosives and prepare them for detonation?
Answer. In IME's view, this is purely a local matter.
Question. Is there a dissemination of information between your membership
relating to better control of explosives?
Answer. Yes.
Question. Does your Association have an active program designed to keep
explosives out of the hands of the criminal element?
Answer. Yes. , ., ,.
Question. Would you please provide a list of explosives and identify those most
commonly used? , , rri ,
Answer. Enclosed is the explosive materials lists of the Bureau of Alcohol, Tobacco
and Firearms. We have italicized in this list the most commonly used explosives.
[The list will be found on pp. 167-161 of the appendix.]
Question. What types of magazines are used for storage by manufacturers and
what protection is afforded?
Answer. The types of magazines used for storage by explosive manufacturers
and the protection afforded by such magazines are set forth in regulations of the
Bureau of Alcohol, Tobacco and Firearms, 27 CFR §§ 181.181-181.200.
Qtiestion. Have you developed anti-theft concepts which would alert magazine
keepers as well as law enforcement authorities to unauthorized or unlawful entry
attempts?
Answer. Yes. . .
Question. You advocate licensing for all users of explosives. Do you envision
that this license would also serve to identify a standard of proficiency having
been attained bj'' the holder?
Answer. Not necessarily. For proficiency in handling and using explosive
materials, IME recommends that the principles in its PubUcation No. 3, referenced
above, be followed. ttvtt^ , i j xu .
Question. In vour prepared statement, you said that IME had proposed that
Chapter 40 of Title 18 be amended to provide a uniform permit numbers system
through the .50 states. You said that this would afford the distributors of ex-
plosives "an efficient method of recording explosive purchases and identifying
purchasers, and will further afford BATF an efficient method of record-keeping for
investigations." Could you spell out in a little more detail, just what you mean by
this proposal? . • , • v
Answer. IME proposes the establishment and use of a permit system m which
permit numbers without duplication are assigned to purchasers of explosive
materials. In our view, this would promote record-keeping and traceability of
explosives purchases.
Question. Do you think that a permit to use explosives is a sufficiently important
document to warrant making it as secure as possible? Do you think for example,
that it would be helpful if permits were plasticized with attached photographs of
the permittee? And do you think it would be helpful if applicants were warned at
the point of application" that false statements would make them liable for a charge
of false statements?
Answer. IME believes that a use permit is a sufficiently important document to
warrant making it secure bv a method such as plasticization. However, a photo-
graph is only useful where there is an individual user, it is impossible and imprac-
ticable to photograph a multi-user organization such as a contracting company.
A warning that an applicant will be liable for false statements in a permit applica-
tion should be part of the written application, as is the case with many state
driver's license applications.
APPENDIX
List op Explosive Materials
[Referred to on p. 156]
The following is the 1976 List of Explosive Alaterials subject to regulation under
IS U.S.C. Chapter 40. Included are both explosives (including detonators)
required by law to be published in the Federal Register, and blasting agents.
It is intended that the list include any and all mixtures containing any of the
materials on the list. Materials constituting blasting agents are marked by an
asterisk*. Although an explosive material may not be on the list, this does not
mean that the material is not within the coverage of the law if it otherwise meets
the statutory definition in 18 U.S.C. 841. Explosive materials are listed alphabeti-
cally by their common names followed by chemical names and synonyms in
brackets.
A ■
Acetylides of heavy metals.
Aluminum containing polymeric propellant.
Aluminum ophorite explosive.
Amatex-20 [40% TNT, 20% RDX, 40% Ammonium nitrate].
Amatex-30 [40% TNT, 30% RDX, 30% ammonium nitrate].
Amatex-40 [40% TNT, 40% RDX, 20% ammonium nitrate].
Amatol.
Ammonal.
Ammonium nitrate explosive mixtures (cap sensitire).
*Ammo/iium nitrate explosive mixtures {not cap sensitive).
Aromatic nitro-explosive mixture.
Ammonium perchlorate having particle size less than 45 microns.
Ammonium perchlorate composite propellant.
Ammonium picrate [picrate of ammonia].
Ammonium salt lattice with isomorphously substituted inorganic salts.
*ANFO [ammonium nitrate-fuel oil].
B
Baratol [67% barium nitrate, 33% TNT].
Baronal [50% barium nitrate, 35% TNT, 15% aluminum].
BEAF [1, 2-bi3(2, 2-difluoro-2-nitroacetoxyethane)].
Black powder.
^Blasting agents, nitro-carho-nitrates, including non cap sensitive slurry and water-
gel explosives.
Blasting caps.
Blasting gelatin.
Blasting powder.
BTNEC [bis ( trinitroethyl ) carbonate] .
BTNEN [bis(trinitroethyl)nitramine].
BTTN [1, 3, 4 butanetriol trinitrate].
Butjd tetryl.
Calcium nitrate explosive mixture.
Carboxy-terminated propellant.
Cellulose hexanitrate explosive mixture.
Chlorates and red phosphorus mixture.
Chlorates and sulphur mixture.
Composition A-3 [91%, RDX, 9% Wax].
Composition B [40% TNT, 60% RDX].
Composition C-4 [91% RDX, 9% plasticizer].
Copper acetylide.
Crystalline picrate with lead azide explosive mixture.
Cyanuric triazide.
(157)
158
Cyclotrimethylenetrinitramine [RDX].
Cyclotetramethylenetetranitramine.
Cyclotol [75% RDX, 25% TNT].
DATE [diaminotrinitrotetramethylene tetranitramine).
DATNB [diaminotrinitrobenzenej.
DDNP [diazodinitrophenol].
DEGDN [diethyleneglycol dinitrate].
* Delay powders.
Detonating cord.
Detonators.
Dimethylol dimethyl methane dinitrate composition.
Dinitroethyleneurea.
Dinitroglyeerine.
Dinitrophenol.
Dinitrophenolates.
Dinitrophenyl hydrazine.
Dinitroresorcinol.
Dinitrotoluene-sodium nitrate explosive mixtures
Dipicrj^l sulfone.
Dipicrylamine.
DNDP [dinitropentano nitrile].
DNPA [2, 2-dinitropropyl acrylate].
Dynamite.
EDNP [etliyl 4,4-diuitropentanoate].
Erythritol tetranitrate explosives.
Esters of nitro-substituted alcohols.
EGDN [ethylene glycol dinitrate].
Ethyl-tetryl.
Explosives conitrates.
Explosives gelatins.
Explosive mixtures containing oxygen releasing inorganic salts and hydrocarbons.
Explosive mixtures containing oxygen releasing inorganic salts and nitro bodies.
Explosive mixtures containing oxygen releasing inorganic salts and water insohible
fiiels.
Explosive )nixtures containing oxygen releasing inorganic salts and water soluble
fuels.
Explosive mixtures containing sensitized nitromethane.
Explosive nitro compounds of aromatic hydrocarbons.
Explosive organic nitrate mixtures.
Explosive liquids.
Explosive powders.
Fulminate of mercury.
Fulminate of silver.
Fulminating gold.
Fulminating mercury.
Fulminating platinum.
Fulminating silver.
G
Gelatinized nitrocellulose.
gem-dinitro aliphatic explosive mixtures.
Guanj'l nitrosamino guanyl tetrazene.
Guanyl nitrosamino guanylidene hydrazine.
Guncotton.
H
Heavy metal azides.
Hexanite.
Hexanitrodiphenylamine.
Hexanitrostilbene.
Hexogen [RDX].
Hexogene or octogene and a nitrated N-methylaniUne.
Hexolites.
159
H M X [cy clo-1 ,3,5, 7-tetramethylene-2, 4, 6, 8-tetranitr amine ; Octogen] .
Hydrazinium nitrate.
Hydrazinium nitrate/hydrazine aluminum explosive system.
Hydrazoic acid.
Igniter cord.
Igniters.
K
KDNBF [potassium dinitrobenzo-furoxane].
L
Lead azide.
Lead mannite.
Lead mononitroresorcinate.
Lead picrate.
Lead salts, explosive.
Lead styphnate [styphnate of lead, lead trinitroresorcinate].
Liquid nitrated polyol and trimethylolethane.
Liquid oxygen explosives.
M
Magnesium ophorite explosives.
Mannitol hexanitrate.
MDNP [methyl 4,4-dinitropentanoate].
Mercuric fulminate.
Mercury oxalate.
Mercury tartrate.
Minol-2 [40% TNT, 40% ammonium nitrate, 20% aluminum].
Mononitrotolueue-nitroglycerin mixture.
Monopropellants.
NIBTN [nitroisobuta metriol trinitrate].
Nitrate sensitized with gelled nitroparaffin.
Nitrated carbohydrate explosive.
Nitrated glucoside explosive.
Nitrated polyhydric alcohol explosives.
Nitrates of soda explosive mixtures.
Nitric acid and a nitro aromatic compound explosive.
Nitric acid and carboxylic fuel explosive.
Nitric acid explosive mixtures.
Nitro aromatic explosive mixtures.
Nitro compounds of furane explosive mixtures.
Nitrocellulose explosive.
Nitroderivative of urea explosive mixture.
Nitrogelatin explosive.
Nitrogen trichloride.
Nitrogen tri-iodide.
Nitroglycerine [NG, RNG, nitro, glyceryl trinitrate, trinitroglycerme].
Nitroglycide.
Nitroglycol [ethylene glycol dinitrate, EGDN].
Nitroguanidine explosives.
Nitroparaffins and ammonium nitrate mixtures.
Nitronium perchlorate propellant mixtures.
Nitrostarch.
Nitro-substituted carboxylic acids.
Nitrourea.
O
Octogen [HMX].
Octol [75 percent HMX, 25 percent TNT].
Organic amine nitrates.
Organic nitramines.
Organic peroxides.
Pellet powder.
Penthrinite composition.
Pentolite.
160
Perchlorate explosive mixtures.
Peroxide based explosive mixtures. , ., i
PETN [nitropentaerythrite, pentaerythrite tetranitrate, pentaerythntol tetra-
nitrate].
Picramic acid and its salts.
Picramide.
Picrate of potassium explosive mixtures.
Picratol.
Picric acid.
Picryl chloride.
Picryl fluoride.
PLX [95% nitromethane, 5% ethylenediaminej.
Polynitro aliphatic compounds.
Polyolpolynitrate-nitrocellulose explosive gels.
Pottassium chlorate and lead sulfocyanate explosive.
Potassium nitroaminotetrazole.
R
RDX [cyclonite, hexogen, T4, cyclo-l,3,5,-trimethylene-2,4,6-trinitramine; hexa-
hydro-l,3,5-trinitro-5-triazine].
S
Safety fuse.
Salts of organic amino sulfonic acid explosive mixture.
Silver acetylide.
Silver azide.
Silver fulminate.
Silver oxalate explosive mixtures.
Silver styphnate.
Silver tartrate explosive mixtures.
Silver tetrazene. . , r 7 j
Slurried explosive mixtures of water, inorganic oxidizing salt, geiiing agent, Juet ana
sensitizer.
Smokeless powder.
Sodatol.
Sodium amatol.
Sodium dinitro-ortho-cresolate.
Sodium nitrate-potassium nitrate explosive mixture.
Sodium picramate.
Squibs.
Stvphnic acid.
T
Tacot [tetranitro-2,3,5,6-dibenzo-l,3a,4,6a-tetrazapentalene].
TATNB [triaminotrinitrobenzene].
TEGDN [triethylene glycol dinitrate]. , •, 4. i
Tetrazene [tetracene, tetrazine, l(5-tetrazolyl)-4-guanyl tetrazene hydratej.
Tetranitrocarbazole.
Tetranitromethane explosive mixtures.
Tetryl [2,4,6 tetranitro-N-methylaniline].
Tetr'vtol.
Thickened inorganic oxidizer salt slurried explosive mixture.
TMETN [trimethylolethane trinitrate].
TNEF [trinitroethyl formal].
TNEOC [trinitroethylorthocarbonate].
TNEOF [trinitroethyl orthoformate].
TNT [trinitrotoluene, trotyl, trilite, triton].
Torpex.
Tridite.
Trimethylol ethyl methane trinitrate composition.
Trimethylolthane trinitrate-nitrocellulose.
Trimonite.
Trinitroanisole.
Trinitrobenzene.
Trinitrobenzoicacid.
Trinitrtocresol.
Triniro-meta-cresol.
161
Trinitronaphthalene.
Trinitrophenetol.
Trinitrophloroglucinol.
Trinitroresorcinol.
Tritonal.
U
Urea nitrate.
W
Water hearing explosives having salts of oxidizing acids and nitrogen bases, sulfates,
or sulfamates.
X
Xanthamonas hydrophilic colloid explosive mixture.
INDEX
(Note. — The Senate Internal Security Subcommittee attaches no significance
to the mere fact of the appearance of the name of an individual or organization
in this index.)
A Page
Austin Powder Co 145, 146
B
Brattleboro, Vt 147
Bureau of Alcohol, Tobacco and Firearms (BATF) 146-156
C
Calder, Brooke J., Jr., testimonj^ of 145-156
Cleveland, Ohio 145, 154
Code of Federal Regulations (CFR) 154
Crime Control Act of 1970 146
D
Department of Transportation (DOT) 146, 154
E
Environmental Protection Agency (EPA) 146
G
Gordon, Frank H., testimony of 145-156
Greenwich Village 147
Gulf Chemical 154
H
Hampton, Harry L., testimony of 145-156
I
Independent Powder Co 154
K
Keene, N.H 147
L
List of Explosive Materials 157-161
M
Martin, David 145-156
Mining Enforcement and Safety Administration (MESA) 146, 154, 155
N
New Hampshire 147
New York City 147
O
Occupational Safety and Health Administration (OSHA) 146, 154
S
vSchultz, Richard L 145-1.56
Short, Robert J 145-156
Suggested Code of Regulations for the Manufacture, Transportation,
Storage, Sale, Possession, and Use of Explosive Materials (publication). 154
(I)
T Page
Thurmond, Senator Strom 145-156
Treasury Department 146
XJ
United States 151
Code (USC) 146,148,157
Congress 147
Constitution 151
o
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