I
113th CONGRESS
1st Session
H. R. 2836
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.
Short title
This Act may be cited as the
Explosive Materials Background Check
Act
.
Explosive materials background checks
Amendments to title 18
Chapter 40 of title 18, United States Code, is amended—
in section 841—
in subsection (d),
by inserting smokeless powder and black powder substitutes,
after black powder,
; and
in subsection (h),
by striking the business of
;
in section 842—
in subsection (d)—
in paragraph (9), by striking the period and inserting a semicolon; and
inserting at the end the following:
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—
was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
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;
has been convicted in any court of a misdemeanor crime of domestic violence; or
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
in subsection (i)—
in
paragraph (7), by inserting a semicolon after person
; and
inserting at the end the following:
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—
was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
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;
has been convicted in any court of a misdemeanor crime of domestic violence; or
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.
;
in section 843—
in subsection (b)—
by
striking Upon
and inserting Except as provided in
subsection (j), upon
;
in
paragraph (6), by striking and
after the semicolon;
in
paragraph (7), by striking the period and inserting ; and
;
and
by inserting at the end the following:
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.
;
in subsection (d)—
by
inserting (1)
after (d)
;
by
striking if in the opinion
and inserting the following:
“if—
in the opinion
; and
by
striking . The Secretary's action
and inserting the following:
“; or
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.
The Attorney General's action
; and
in subsection (e)—
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
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.
;
in
subparagraph (A), by inserting or in subsection (j) of this section (on
grounds of terrorism)
after section 842(i)
; and
in subparagraph (B)—
in the matter preceding clause (i), by
inserting or in subsection (j) of this section,
after
section 842(i),
; and
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
by inserting at the end the following:
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
in section 845(a)—
in paragraph (4),
by inserting after and components thereof
the following:
, except for smokeless powder and black powder substitutes
;
and
in paragraph (5),
by striking black powder in quantities not to exceed fifty
pounds,
.
Guidelines
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.
Contents
The guidelines issued under paragraph (1) shall—
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
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).
