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H.R. 2836 (113th): Explosive Materials Background Check Act

The text of the bill below is as of Jul 25, 2013 (Introduced).


I

113th CONGRESS

1st Session

H. R. 2836

IN THE HOUSE OF REPRESENTATIVES

July 25, 2013

(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.

1.

Short title

This Act may be cited as the Explosive Materials Background Check Act .

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).