[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 792 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 792

To strengthen the enforcement of background checks with respect to the 
                      use of explosive materials.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2013

Mr. Reid (for Mr. Lautenberg) introduced the following bill; which was 
       read twice and 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'';
                            (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).
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