Sec. 110509. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE

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## SEC. 110509 SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE Section 844(c) of title 18, United States Code, is amended— ####

(1)by inserting “(1)” after “(c)”; and ####

(2)by adding at the end the following new paragraphs: > > #### “(2) > > Notwithstanding paragraph (1), in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture in which it would be impracticable or unsafe to remove the materials to a place of storage or would be unsafe to store them, the seizing officer may destroy the explosive materials forthwith. Any destruction under this paragraph shall be in the presence of at least 1 credible witness. The seizing officer shall make a report of the seizure and take samples as the Secretary may by regulation prescribe. > > > #### “(3) > > Within 60 days after any destruction made pursuant to paragraph (2), the owner of (including any person having an interest in) the property so destroyed may make application to the Secretary for reimbursement of the value of the property. If the claimant establishes to the satisfaction of the Secretary that— > > > ##### “(A) > > the property has not been used or involved in a violation of law; or > > > ##### “(B) > > any unlawful involvement or use of the property was without the claimant's knowledge, consent, or willful blindness, > > the Secretary shall make an allowance to the claimant not exceeding the value of the property destroyed.” > .