MARKING, RENDERING INERT, AND LICENSING OF EXPLOSIVE MATERIALS.

SEC. 732. MARKING, RENDERING INERT, AND LICENSING OF EXPLOSIVE MATERIALS. (a) Study.— (1) In general.— Not later than 12 months after the date of enactment of this Act, the Secretary of the Treasury (referred to in this section as the “Secretary”) shall conduct a study of— (A) the tagging of explosive materials for purposes of detection and identification; (B) the feasibility and practicability of rendering common chemicals used to manufacture explosive materials inert; (C) the feasibility and practicability of imposing controls on certain precursor chemicals used to manufacture explosive materials; and (D) State licensing requirements for the purchase and use of commercial high explosives, including— (i) detonators; (ii) detonating cords; (iii) dynamite; (iv) water gel; (v) emulsion; (vi) blasting agents; and (vii) boosters. (2) Exclusion.— No study conducted under this subsection or regulation proposed under subsection (e) shall include black or smokeless powder among the explosive materials considered. (b) Consultation.— (1) In general.— In conducting the study under subsection (a), the Secretary shall consult with— 110 STAT. 1304 (A) Federal, State, and local officials with expertise in the area of chemicals used to manufacture explosive materials; and (B) such other individuals as the Secretary determines are necessary. (2) Fertilizer research centers.— In conducting any portion of the study under subsection (a) relating to the regulation and use of fertilizer as a preexplosive material, the Secretary of the Treasury shall consult with and receive input from non-profit fertilizer research centers. (c) Report.— Not later than 30 days after the completion of the study conducted under subsection (a), the Secretary shall submit a report to the Congress, which shall be made public, that contains— (1) the results of the study; (2) any recommendations for legislation; and (3) any opinions and findings of the fertilizer research centers. (d) Hearings.— Congress shall have not less than 90 days after the submission of the report under subsection (c) to— (1) review the results of the study ; and (2) hold hearings and receive testimony regarding the recommendations of the Secretary. (e) Regulations.— (1) In general.— Not later than 6 months after the submission of the report required by subsection (c), the Secretary may submit to Congress and publish in the Federal Register draft regulations for the addition of tracer elements to explosive materials manufactured in or imported into the United States, of such character and in such quantity as the Secretary may authorize or require, if the results of the study conducted under subsection (a) indicate that the tracer elements— (A) will not pose a risk to human life or safety; (B) will substantially assist law enforcement officers in their investigative efforts; (C) will not substantially impair the quality of the explosive materials for their intended lawful use; (D) will not have a substantially adverse effect on the environment; and (E) the costs associated with the addition of the tracers will not outweigh benefits of their inclusion. (2) Effective date.— The regulations under paragraph (1) shall take effect 270 days after the Secretary submits proposed regulations to Congress pursuant to paragraph (1), except to the extent that the effective date is revised or the regulation is otherwise modified or disapproved by an Act of Congress.