HD8 - Feasibility of Using Explosive Taggants


Executive Summary:
The 1998 Session of the General Assembly passed House Joint Resolution No. 89, requesting the Department of State Police, in cooperation with other federal, state and private entities, to conduct a comprehensive study on the need for state regulation of explosives and other dangerous substances to facilitate tracking, and when needed, criminal investigations. A committee was formed that reviewed the current research and regulations concerning explosives and other dangerous substances.

As a result of the research, the committee used two current studies concerning the stated issues conducted under the auspices of the federal government. One study, conducted by the Bureau of Alcohol, Tobacco and Firearms, reviewed the history of the issue of explosive taggants, including research and other countries’ use of taggants. The other study conducted by the National Research Council evaluated the technical feasibility and practicality of using markers for detection, taggants for identification, and inertants for desensitization of explosives, and, in addition assessed the implications of imposing regulatory controls on a prioritized set of precursor chemicals.

Based upon the information contained within the studies, it became evident that much research had already been completed on the desired topic. Markers are already in use for certain explosives as defined in federal law. This law has been in effect since 1971, which essentially requires explosives manufacturers to mark explosive wrappers with a code identifying the manufacturer and the location, date, and shift of manufacturer. The concern with taggants is over the cost and effectiveness of their use. Based upon current technology, the taggants would double the cost of explosives, creating a burden upon the industry which would inevitably be passed on to the consumer.

The studies went on to review current regulations in the United States and those countries that have experienced a high terrorism rate with explosives. The research indicates that current federal regulations have been effective in curtailing the loss of explosives due to theft. What has been demonstrated in other countries, is that terrorists will adapt their tactics in response to the implementation of controls or shifts in the availability of particular chemicals or precursors. As such, the committee did not recommend any changes to the regulations currently in place for the Commonwealth of Virginia.

It was the conclusion of the committee that until the completion of the federal government’s research, any changes by Virginia would not be conducive to alleviating the perceived problem of explosives not being regulated.