[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HR0074
LRB9005436KBkb
1 HOUSE RESOLUTION
2 WHEREAS, Technology is available to safely produce and
3 use tiny, color-coded plastic tracer chips called "taggants";
4 and
5 WHEREAS, When mixed into explosive materials during the
6 manufacturing process, these taggants may enable authorities,
7 following a detonation, to trace the type and source of
8 explosives used by criminals; and
9 WHEREAS, This nation has been gravely affected by such
10 heinous crimes as the 1989 mail bombing deaths of a Federal
11 Appellate Court Judge in Atlanta and a City Alderman in
12 Savannah, Georgia, and the 14 explosive devices delivered by
13 the Unibomber; and
14 WHEREAS, The nation has also been jolted by criminal
15 bombings of the World Trade Center in 1993, the Oklahoma
16 Federal Building in 1995, and the Olympic Games' Centennial
17 Park in 1996; and
18 WHEREAS, All of these bombings involved explosives which
19 could have included taggants to help authorities determine
20 the type and source of explosive materials used; and
21 WHEREAS, There have been prior Congressional attempts to
22 facilitate investigations of such bombings, but several
23 interest groups, including the Institute of Makers of
24 Explosives, the National Rifle Association, and the
25 Fertilizer Institute, have not favored requirement of these
26 identifiable color coded chips in some explosive materials,
27 citing either cost factors or predicting a subtle form of gun
28 registration if legislation were to require taggants in
29 gunpowder; and
30 WHEREAS, Legislation was enacted by the United States
31 Congress and signed into law by the President of the United
-2- LRB9005436KBkb
1 States on April 24, 1996 as Public Law 104-132; and
2 WHEREAS, This Act requires the United States Treasury
3 Secretary to complete a study by April 1997 on tagging
4 explosive materials for identification purposes; and
5 WHEREAS, The Act provides that within 30 days after the
6 study's completion, the Treasury Secretary must submit to
7 Congress all of the following: (i) the results of the study,
8 (ii) legislative recommendations, and (iii) the opinions of
9 fertilizer research centers; and
10 WHEREAS, The Act requires that Congress hold hearings
11 within 90 days from the submission of the Treasury
12 Secretary's report; and
13 WHEREAS, The Act authorizes, but does not require, the
14 Secretary to submit draft regulations for the addition of
15 tracers or taggants to explosives manufactured in or imported
16 into the United States; and
17 WHEREAS, The Act only authorizes the Secretary to propose
18 these draft regulations if his or her study finds that
19 tracers meet all 5 of the following conditions: (1) taggants
20 pose no safety hazard, (2) taggants substantially assist law
21 enforcement, (3) taggants do not impair the explosives, (4)
22 taggants do not adversely affect the environment, and (5) the
23 costs of adding taggants does not outweigh the benefits of
24 their inclusion; and
25 WHEREAS, The Act grants Congress the authority to amend
26 or veto any regulation that may be issued within the 270 days
27 after it is sent to Congress for review; and
28 WHEREAS, These restrictions in the Act place significant
29 hurdles in the path of detecting terrorists and criminals who
30 detonate bombs; and
-3- LRB9005436KBkb
1 WHEREAS, Notwithstanding these hurdles and restrictions
2 imposed by Congress, the Act specifically excludes studying
3 insertion of identification taggants in black and smokeless
4 powder and specifically prohibits the Treasury Secretary from
5 issuing regulations requiring insertion of taggants in black
6 and smokeless power; therefore, be it
7 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
8 NINETIETH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we
9 memorialize the United States Congress to adopt legislation
10 mandating inclusion of tracers in black and smokeless powder
11 as well as in such other explosive materials as the Secretary
12 of the Treasury in his or her discretion designates; and be
13 it further
14 RESOLVED, That we memorialize Congress to apply this
15 mandate to explosives manufactured in or imported into the
16 United States and memorialize Congress to cause this mandate
17 to become effective 60 days after new legislation is signed
18 by the President; and be it further
19 RESOLVED, That we memorialize Congress to repeal
20 provisions in the Act which state, that after studies are
21 complete, the Treasury Secretary cannot propose taggant
22 regulations unless he or she makes the five specified
23 findings; and be it further
24 RESOLVED, That we memorialize Congress to pass
25 legislation stating that the Treasury Secretary may delay
26 mandatory insertion of tracers into any explosive material if
27 he or she makes an affirmative finding with regard to a
28 specific explosive material that tracers pose a safety risk,
29 obstruct law enforcement, have substantial adverse effects on
30 the environment, or cost more than the benefits of their
31 inclusion; and be it further
32 RESOLVED, That suitable copies of this resolution be
-4- LRB9005436KBkb
1 delivered to the President pro tempore and Minority Leader of
2 the United States Senate, the Speaker and Minority Leader of
3 the United States House of Representatives, the Secretary of
4 the Treasury, the President of the United States, and to each
5 member of the Illinois congressional delegation.