Explosive Materials Background Check Act - Amends federal criminal code provisions governing the importation, manufacture, distribution, and storage of explosive materials to: (1) include smokeless powder and black powder substitute within the definition of an "explosive" to which such provisions apply; (2) revise the definition of "manufacturer" to mean any person engaged in manufacturing (currently, in the business of manufacturing) explosive materials; and (3) delete the exemption for commercially manufactured black powder in quantities of less than fifty pounds.
Prohibits knowingly distributing explosive materials to any person who: (1) is subject to a court order (issued after a hearing meeting specified requirements) that restrains such person from harassing, stalking, or threatening an intimate partner or a child of such intimate partner or person or from engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; (2) has been convicted in any court of a misdemeanor crime of domestic violence; or (3) the Attorney General has determined is an individual known or appropriately suspected to be or have been engaged in, conduct constituting or related to terrorism or providing material support or resources for terrorism and the Attorney General has a reasonable belief that such person may use explosives in connection with terrorism. Makes it unlawful for any such person to ship or transport any explosive in or affecting interstate or foreign commerce or to receive or possess any explosive that has been shipped or transported in or affecting interstate or foreign commerce.
Exempts a limited explosives material permit holder who certifies that the permit will only be used to purchase black powder, black powder substitute, and smokeless powder from provisions limiting the receipt of explosive materials to six separate occasions during a 12-month period.
Authorizes the Attorney General to deny or revoke an explosives materials license or permit upon determining that the licensee or holder is known to be or have been engaged in such terrorist conduct and may use explosives in connection with terrorism. Directs the Attorney General to issue guidelines describing the circumstances under which the Attorney General will exercise such authority and make such determinations.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2836 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2836
To strengthen the enforcement of background checks with respect to the
use of explosive materials.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2013
Mr. King of New York (for himself, Mr. Lynch, Mr. Engel, Mr. McGovern,
Mr. Neal, Mr. Bishop of New York, and Mr. Kennedy) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To strengthen the enforcement of background checks with respect to the
use of explosive materials.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Explosive Materials Background Check
Act''.
SEC. 2. EXPLOSIVE MATERIALS BACKGROUND CHECKS.
(a) Amendments to Title 18.--Chapter 40 of title 18, United States
Code, is amended--
(1) in section 841--
(A) in subsection (d), by inserting ``smokeless
powder and black powder substitutes,'' after ``black
powder,''; and
(B) in subsection (h), by striking ``the business
of'';
(2) in section 842--
(A) in subsection (d)--
(i) in paragraph (9), by striking the
period and inserting a semicolon; and
(ii) inserting at the end the following:
``(10) is subject to a court order that restrains such
person from harassing, stalking, or threatening an intimate
partner of such person or child of such intimate partner or
person, or engaging in other conduct that would place an
intimate partner in reasonable fear of bodily injury to the
partner or child, except that this paragraph shall only apply
to a court order that--
``(A) was issued after a hearing of which such
person received actual notice, and at which such person
had the opportunity to participate; and
``(B)(i) includes a finding that such person
represents a credible threat to the physical safety of
such intimate partner or child; or
``(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury;
``(11) has been convicted in any court of a misdemeanor
crime of domestic violence; or
``(12) has received actual notice of the Attorney General's
determination made pursuant to subsection (d)(1)(B) or (j) of
section 843 of this title.''; and
(B) in subsection (i)--
(i) in paragraph (7), by inserting a
semicolon after ``person''; and
(ii) inserting at the end the following:
``(8) is subject to a court order that restrains such
person from harassing, stalking, or threatening an intimate
partner of such person or child of such intimate partner or
person, or engaging in other conduct that would place an
intimate partner in reasonable fear of bodily injury to the
partner or child, except that this paragraph shall only apply
to a court order that--
``(A) was issued after a hearing of which such
person received actual notice, and at which such person
had the opportunity to participate; and
``(B)(i) includes a finding that such person
represents a credible threat to the physical safety of
such intimate partner or child; or
``(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury;
``(9) has been convicted in any court of a misdemeanor
crime of domestic violence; or
``(10) has received actual notice of the Attorney General's
determination made pursuant to subsection (d)(1)(B) or (j) of
section 843 of this title.'';
(3) in section 843--
(A) in subsection (b)--
(i) by striking ``Upon'' and inserting
``Except as provided in subsection (j), upon'';
(ii) in paragraph (6), by striking ``and''
after the semicolon;
(iii) in paragraph (7), by striking the
period and inserting ``; and''; and
(iv) by inserting at the end the following:
``(8) in the case of a limited permit holder, the applicant
certifies the permit will only be used to purchase black
powder, black powder substitute, and smokeless powder in which
case the limitation in paragraph (7) shall not apply.'';
(B) in subsection (d)--
(i) by inserting ``(1)'' after ``(d)'';
(ii) by striking ``if in the opinion'' and
inserting the following: ``if--
``(A) in the opinion''; and
(iii) by striking ``. The Secretary's
action'' and inserting the following: ``; or
``(B) the Attorney General determines that the
licensee or holder (or any responsible person or
employee possessor thereof) is known (or appropriately
suspected) to be or have been engaged in conduct
constituting, in preparation for, in aid of, or related
to terrorism, or providing material support or
resources for terrorism, and that the Attorney General
has a reasonable belief that the person may use
explosives in connection with terrorism.
``(2) The Attorney General's action''; and
(C) in subsection (e)--
(i) in paragraph (1), by inserting after
the first sentence the following: ``However, if
the denial or revocation is based upon an
Attorney General determination under subsection
(j) or (d)(1)(B), any information which the
Attorney General relied on for this
determination may be withheld from the
petitioner if the Attorney General determines
that disclosure of the information would likely
compromise national security.''; and
(ii) in paragraph (2), by adding at the end
the following: ``In responding to any petition
for review of a denial or revocation based upon
an Attorney General determination under
subsection (j) or (d)(1)(B), the United States
may submit, and the court may rely upon,
summaries or redacted versions of documents
containing information the disclosure of which
the Attorney General has determined would
likely compromise national security.'';
(D) in subsection (h)(2)--
(i) in subparagraph (A), by inserting ``or
in subsection (j) of this section (on grounds
of terrorism)'' after ``section 842(i)''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by inserting ``or in subsection
(j) of this section,'' after ``section
842(i),''; and
(II) in clause (ii), by inserting
``, except that any information that
the Attorney General relied on for a
determination pursuant to subsection
(j) may be withheld if the Attorney
General concludes that disclosure of
the information would likely compromise
national security'' after
``determination''; and
(E) by inserting at the end the following:
``(j) Attorney General Discretionary Denial of Federal Explosives
Licenses and Permits.--The Attorney General may deny the issuance of a
permit or license to an applicant if the Attorney General determines
that the applicant or a responsible person or employee possessor
thereof is known (or appropriately suspected) to be or have been
engaged in conduct constituting, in preparation of, in aid of, or
related to terrorism, or providing material support or resources for
terrorism, and the Attorney General has a reasonable belief that the
person may use explosives in connection with terrorism.''; and
(4) in section 845(a)--
(A) in paragraph (4), by inserting after ``and
components thereof'' the following: ``, except for
smokeless powder and black powder substitutes''; and
(B) in paragraph (5), by striking ``black powder in
quantities not to exceed fifty pounds,''.
(b) Guidelines.--
(1) In general.--The Attorney General shall issue
guidelines describing the circumstances under which the
Attorney General will exercise the authority and make
determinations under subsections (d)(1)(B) and (j) of section
843 of title 18, United States Code, as amended by this Act.
(2) Contents.--The guidelines issued under paragraph (1)
shall--
(A) provide accountability and a basis for
monitoring to ensure that the intended goals for, and
expected results of, the grant of authority under
subsections (d)(1)(B) and (j) of section 843 of title
18, United States Code, as amended by this Act, are
being achieved; and
(B) ensure that terrorist watch list records are
used in a manner that safeguards privacy and civil
liberties protections, in accordance with requirements
outlines in Homeland Security Presidential Directive 11
(dated August 27, 2004).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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