Text of the Explosive Materials Background Check Act

The text of the bill below is as of Apr 23, 2013 (Introduced).

II

113th CONGRESS

1st Session

S. 792

IN THE SENATE OF THE UNITED STATES

April 23, 2013

(forMr. Lautenberg) introduced the following bill; which was read twice and referred to theCommittee 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)

insection 841

(A)

insubsection (d), by insertingsmokeless powder and black powder substitutes,afterblack powder,; and

(B)

insubsection (h), by strikingthe business of;

(2)

insection 842

(A)

insubsection (d)

(i)

inparagraph (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 theAttorney General'sdetermination made pursuant tosubsection (d)(1)(B)or(j) of section 843 of this title.

; and

(B)

insubsection (i)

(i)

inparagraph (7), by inserting a semicolon afterperson;

(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 theAttorney General'sdetermination made pursuant tosubsection (d)(1)(B)or(j) of section 843 of this title.

;

(3)

insection 843

(A)

insubsection (b)

(i)

by strikingUponand insertingExcept as provided in subsection (j), upon;

(ii)

inparagraph (6), by strikingandafter the semicolon;

(iii)

inparagraph (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)

insubsection (d)

(i)

by inserting(1)after(d);

(ii)

by strikingif in the opinionand inserting the following: “if—

“(A)

in the opinion”; and

(iii)

by striking. The Secretary's actionand inserting the following: “; or

(B)

theAttorney Generaldetermines 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 theAttorney Generalhas a reasonable belief that the person may use explosives in connection with terrorism.

(2)

The Attorney General's action

; and

(C)

insubsection (e)

(i)

inparagraph (1), by inserting after the first sentence the following:However, if the denial or revocation is based upon anAttorney Generaldetermination undersubsection (j)or(d)(1)(B), any information which theAttorney Generalrelied on for this determination may be withheld from the petitioner if theAttorney Generaldetermines that disclosure of the information would likely compromise national security.; and

(ii)

inparagraph (2), by adding at the end the following:In responding to any petition for review of a denial or revocation based upon anAttorney Generaldetermination undersubsection (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 theAttorney Generalhas determined would likely compromise national security.;

(D)

insubsection (h)(2)

(i)

insubparagraph (A), by insertingor in subsection (j) of this section (on grounds of terrorism)aftersection 842(i); and

(ii)

insubparagraph (B)

(I)

in the matter precedingclause (i), by insertingor insubsection (j)of this section,after section 842(i),; and

(II)

inclause (ii), by inserting, except that any information that theAttorney Generalrelied on for a determination pursuant tosubsection (j)may be withheld if theAttorney Generalconcludes that disclosure of the information would likely compromise national securityafterdetermination; and

(E)

by inserting at the end the following:

(j)

Attorney General discretionary denial of Federal explosives licenses and permits

TheAttorney Generalmay deny the issuance of a permit or license to an applicant if theAttorney Generaldetermines 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 theAttorney Generalhas a reasonable belief that the person may use explosives in connection with terrorism.

; and

(4)

insection 845(a)

(A)

inparagraph (4), by inserting afterand components thereofthe following:, except for smokeless powder and black powder substitutes; and

(B)

inparagraph (5), by strikingblack powder in quantities not to exceed fifty pounds,.

(b)

Guidelines

(1)

In general

TheAttorney Generalshall issue guidelines describing the circumstances under which theAttorney Generalwill exercise the authority and make determinations undersubsections (d)(1)(B)and(j) of section 843 of title 18, United States Code, as amended by this Act.

(2)

Contents

The guidelines issued underparagraph (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 undersubsections (d)(1)(B)and(j) ofsection 843of 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).