EXPLOSIVES OFFENSES AMENDMENTS.

SEC. 6474. EXPLOSIVES OFFENSES AMENDMENTS. (a) Expansion of Offense to Certain Airports and Strengthening of Penalty.—Section 844(g) of title 18, United States Code, is amended— (1) by striking “Whoever” and inserting “(1) Except as provided in paragraph (2), whoever”; (2) by inserting “in an airport that is subject to the regulatory authority of the Federal Aviation Administration, or” after “possesses an explosive”; (3) by inserting “or airport” after “such building”; (4) by striking “not more than one year, or fined not more than $1,000, or both” and inserting “not more than five years, or fined under this title, or both”; and (5) by adding at the end thereof the following: “(2) The provisions of this subsection shall not be applicable to— “(A) the possession of ammunition (as that term is defined in regulations issued pursuant to this chapter) in an airport that is subject to the regulatory authority of the Federal Aviation Administration if such ammunition is either in checked baggage or in a closed container; or “(B) the possession of an explosive in an airport if the packaging and transportation of such explosive is exempt from, or subject to and in accordance with, regulations of the Research and Special Projects Administration for the handling of hazardous materials pursuant to the Hazardous Materials Transportation Act (49 App. U.S.C. 1801, et seq.).”. (b) Strengthening Offense of Using or Carrying an Explosive in Commission of a Federal Felony.—Section 844(h) of title 18, United States Code, is amended— 102 STAT. 4380 (1) by striking “unlawfully” in paragraph (2); and (2) by striking “shall be sentenced” through the remainder of the subsection and inserting the following: “including a felony which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device shall, in addition to the punishment provided for such felony, be sentenced to imprisonment for five years. In the case of a second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for ten years. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall the term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the felony in which the explosive was used or carried.”. (c) Conforming Definitional Change.—Section 842(d)(5) of title 18, United States Code, is amended to read as follows: “(5) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).”. (d) Conforming Definitional Change.—Section 842(i)(3) of title 18, United States Code, is amended to read as follows: “(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).”.