[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4064 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 4064
To impose restrictions on the sale of binary explosives, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 12, 2017
Mr. Soto introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To impose restrictions on the sale of binary explosives, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LICENSING OF RETAILERS OF BINARY EXPLOSIVES.
(a) Prohibited Acts.--Section 842(a) of title 18, United States
Code, is amended--
(1) in paragraph (3)(B), by striking ``or'';
(2) in paragraph (4)(B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(5) to engage in the business of selling a binary
explosive to an individual without a license issued under this
chapter;
``(6) to knowingly sell a binary explosive to an individual
without complying with subsection (q); or
``(7) to knowingly purchase a binary explosive in excess of
the monthly amount described in subsection (q)(1).''.
(b) Treatment of Binary Explosives.--
(1) Treatment with respect to licenses.--Section 843 of
title 18, United States Code, is amended--
(A) in subsection (a), by striking ``deal in
explosive materials'' and inserting ``deal in explosive
materials, or to sell a binary explosive to an
individual,'';
(B) in subsection (a), by striking ``to possess
explosive materials'' and inserting ``to possess
explosive materials or a binary explosive'';
(C) in subsection (b)(4)(A), by striking ``storage
for explosive materials'' and inserting ``storage for
explosive materials or a binary explosive''; and
(D) in subsection (f), by adding at the end: ``A
reference in this subsection to `explosive materials'
shall also include a binary explosive.''.
(2) Treatment with respect to penalties.--Section 844 of
title 18, United States Code, is amended by adding at the end
the following:
``(q) Treatment of Binary Explosives.--A reference in this section
to `explosive materials' shall also include a binary explosive.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 1 year after the date of enactment of this
Act.
SEC. 2. ESTABLISHMENT OF MAXIMUM PURCHASE AMOUNTS FOR BINARY
EXPLOSIVES.
Section 842 of title 18, United States Code, is amended by adding
at the end the following:
``(q) Establishment of Maximum Purchase Amounts for Binary
Explosives.--
``(1) Maximum monthly purchase amounts.--Not later than 90
days after the date of enactment of this subsection, the
Attorney General shall establish the maximum amount of a binary
explosive (or a combination thereof) that may be purchased by
one individual in a calendar month, based on a recommendation
from the Director of the Bureau of Alcohol, Tobacco, Firearms
and Explosives.
``(2) Establishment of national binary explosive check
system.--
``(A) In general.--Not later than 180 days after
the date of enactment of this subsection, the Attorney
General shall establish a national binary explosive
check system.
``(B) Operation of system.--The system shall--
``(i) be electronic and accessible through
an Internet website;
``(ii) compile records of sales of all
binary explosives to named individuals;
``(iii) be capable of identifying a named
individual by entry of information from a valid
identification document (as defined in section
1028(d)) issued to such individual;
``(iv) be capable of receiving inquiries
from a seller about whether the amount of a
binary explosive sought to be purchased by a
prospective purchaser would exceed the amount
described in paragraph (1);
``(v) be capable of responding to a seller
with an indication whether the amount of a
binary explosive sought to be purchased by a
prospective purchaser would exceed the amount
described in paragraph (1);
``(vi) be able to respond to all inquiries
in a reasonable amount of time; and
``(vii) only be accessible to dealers of
binary explosives that have a valid license
issued under this chapter.
``(3) Behind-the-counter access and sales form
requirements.--Beginning on the date that is 1 year after the
date of enactment of this subsection, a seller of binary
explosives to an individual shall ensure that sales by such
seller of a binary explosive are made in accordance with the
following:
``(A) The seller offers the product for sale only
at a retail location.
``(B) In offering the product for sale, the seller
places the product behind the counter.
``(C) The seller delivers the product directly into
the custody of the purchaser.
``(D) The seller does not sell such a product
unless the prospective purchaser--
``(i) presents a valid identification
document (as defined in section 1028(d)) of
such purchaser containing a photograph of such
purchaser; and
``(ii) fills out the sales form with the
name and address of such purchaser and the
amount of binary explosive being purchased.
``(E) The seller does not sell such a product to a
prospective purchaser unless the seller--
``(i) determines that the name entered by
such prospective purchaser on the sales form is
the same as the name provided on the
identification document;
``(ii) transmits to the national binary
explosive check system the name of the product,
the quantity to be sold, and the name and
address of such prospective purchaser; and
``(iii) receives from the system a
statement that the amount of a binary explosive
sought to be purchased by a prospective
purchaser would not exceed the amount described
in paragraph (1).
``(F) The sales form includes a notice to
purchasers that entering false statements or
misrepresentations on the sales form may subject the
purchasers to criminal penalties under section 1001,
which notice specifies the maximum fine and term of
imprisonment under such section.
``(G) The seller maintains the sales form for not
fewer than two years after the date on which the sale
is consummated.
``(4) Safe harbor rule.--
``(A) In general.--A seller who knows, should know,
or has reason to believe that the purchase of an amount
of a binary explosive by a prospective purchaser would
result in a violation of paragraph (1) may sell such
amount to such purchaser if such seller is notified by
the national binary explosive check system that the
purchase of such amount would not result in a violation
of paragraph (1).
``(B) Required procedure.--If a seller sells a
binary explosive to a prospective purchaser pursuant to
subparagraph (A), such seller, promptly after the sale,
shall notify the Attorney General of--
``(i) the name and address of the
purchaser;
``(ii) the amount sold; and
``(iii) the factual basis, if any, for the
knowledge or belief that such a sale resulted
in a violation of paragraph (1).
``(5) Definition.--In this section:
``(A) The term `behind the counter' means, with
respect to a binary explosive, that customers do not
have direct access to the product before the sale is
made at a retail location.
``(B) The term `retail location' means a location
at which a seller sells a binary explosive in limited,
small quantities or amounts, and not in gross.
``(C) The term `sales form' means the form the
prospective purchase of a binary explosive fills out
with the name and address of such purchaser and the
amount of binary explosive being purchased.''.
SEC. 3. DEFINITION.
Section 841 of title 18, United States Code, is amended by adding
at the end the following:
``(u) `Binary explosive' means a substance that, when combined with
another substance--
``(1) results in explosive material; and
``(2) has as its primary or common purpose to function by
explosion through target practice using a firearm.''.
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