[Congressional Record Volume 145, Number 98 (Tuesday, July 13, 1999)]
[Senate]
[Pages S8373-S8374]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TORRICELLI:
  S. 1353. A bill to combat criminal misuse of explosives; to the 
Committee on the Judiciary.


         dangerous explosives background checks requirement act

  Mr. TORRICELLI. Mr. President, every year, thousands of people are 
killed or maimed because of the use or misuse of illegal explosive 
devices, and millions of dollars in property is lost. Between 1991 and 
1995, there were more than 14,000 actual and attempted criminal 
bombings. Three hundred and twenty-six people were killed in those 
incidents and another 2,970 injured. More than $6 million in property 
damage resulted.
  One bombing in particular, is carved into the national memory. On the 
morning of April 19, 1995, in one horrible moment, an explosion 
devastated the Alfred P. Murrah Federal Building in Oklahoma City, OK, 
and took the lives of 168 Americans. This tragedy, together with the 
bombing of the World Trade Center in New York, took the lives of many 
innocent men, women, and children, left others permanently scarred, and 
caused great suffering for the families of the victims--as well as all 
of America. These crimes were intended to tear the very fabric of our 
society; instead, their tragic consequences served to strengthen our 
resolve to stand firm against the insanity of terrorism and the 
criminal use of explosives.
  In the wake of the Oklahoma City bombing, I was stunned--as were 
many--to learn how few restrictions on the use and sale of explosives 
really exist. I soon after introduced legislation to take a first step 
towards protecting the American people from those who would use 
explosives to do them harm. That bill, the Explosives Protection Act, 
would bring explosives law into line with gun laws. Specifically, it 
would take the list of categories of people who cannot obtain firearms 
and would add any of those categories not currently covered under the 
explosives law.
  Today, I am taking the next step by introducing the Dangerous 
Explosives Background Check Requirement Act requiring background checks 
before the sale of explosives material identical to those already 
mandated for firearms sales. Current law prohibits felons and others 
from possessing explosives, but does little to actually stop these 
materials from getting into the wrong hands. This failure defies logic 
when we already have a system in place to facilitate background checks 
and assure that persons who are legally prohibited from purchasing 
explosives are not able to do so.
  In November, 1998, the National Instant Criminal Background Check 
System (NICS) became operational. NICS is a new national database 
accessible to licensed firearms dealers that allows them to perform 
over-the-counter background checks on potential firearms purchasers. 
NICS, which checks national criminal history databases as well as 
information on other prohibited categories, such as illegal aliens and 
persons under domestic violence restraining orders, has already 
processed more than 3.7 million background checks and has stopped more 
than 39,000 felons and other prohibited persons from getting guns. In 
so doing, it has undoubtedly saved lives and prevented crimes from 
occurring.
  Once again, it is time to bring the explosives law into line with gun 
laws by taking advantage of the success of the NICS system and 
expanding its use to include explosives purchases. In so doing, we will 
make it harder for many of the most dangerous or least accountable 
members of society to obtain materials which can result in a great loss 
of life. My hope is that this bill will, in some small way, prevent 
future bombings--whether by terrorists of symbolic targets, malcontents 
of random ones, or even spouses involved in marital disputes.
  I hope we can quickly move to get this passed and protect Americans 
from future acts of explosive destruction. I ask unanimous consent that 
a copy of the legislation appear in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1353

       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 ``Dangerous Explosives 
     Background Checks Requirement Act''.

     SEC. 2. PERMITS AND BACKGROUND CHECKS FOR PURCHASES OF 
                   EXPLOSIVES.

       (a) Permits for Purchase of Explosives in General.--
       (1) In general.--Section 842 of title 18, United States 
     Code, is amended--
       (A) in subsection (a)(3), by striking subparagraphs (A) and 
     (B) and inserting the following:
       ``(A) to transport, ship, cause to be transported, or 
     receive any explosive materials; or
       ``(B) to distribute explosive materials to any person other 
     than a licensee or permittee.''; and
       (B) in subsection (b)--
       (i) by adding ``or'' at the end of paragraph (1);
       (ii) by striking ``; or'' at the end of paragraph (2) and 
     inserting a period; and
       (iii) by striking paragraph (3).
       (2) Regulations.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     promulgate final regulations with respect to the amendments 
     made by paragraph (1).
       (B) Notice to states.--On the promulgation of final 
     regulations under subparagraph (A), the Secretary of the 
     Treasury shall notify the States of the regulations in order 
     that the States may consider legislation to amend relevant 
     State laws relating to explosives.
       (b) Background Checks.--Section 842 of title 18, United 
     States Code, is amended by adding at the end the following:
       ``(p) Background Checks.--
       ``(1) Definitions.--In this subsection:
       ``(A) Chief law enforcement officer.--The term `chief law 
     enforcement officer' means the chief of police, the sheriff, 
     or an equivalent officer or the designee of such an 
     individual.
       ``(B) System.--The term `system' means the national instant 
     criminal background

[[Page S8374]]

     check system established under section 103 of the Brady 
     Handgun Violence Prevention Act (18 U.S.C. 922 note).
       ``(2) Prohibition.--A licensed importer, licensed 
     manufacturer, or licensed dealer shall not transfer explosive 
     materials to a permitee unless--
       ``(A) before the completion of the transfer, the licensee 
     contacts the system;
       ``(B)(i) the system provides the licensee with a unique 
     identification number; or
       ``(ii) 5 days on which State offices are open have elapsed 
     since the licensee contacted the system, and the system has 
     not notified the licensee that the receipt of explosive 
     materials by the transferee would violate subsection (i);
       ``(C) the transferor has verified the identity of the 
     transferee by examining a valid identification document (as 
     defined in section 1028) of the transferee containing a 
     photograph of the transferee; and
       ``(D) the transferor has examined the permit issued to the 
     transferee under section 843 and recorded the permit number 
     on the record of the transfer.
       ``(3) Identification number.--If receipt of explosive 
     materials would not violate section 842(i) or State law, the 
     system shall--
       ``(A) assign a unique identification number to the 
     transfer; and
       ``(B) provide the licensee with the number.
       ``(4) Exceptions.--Paragraph (2) shall not apply to a 
     transfer of explosive materials between a licensee and 
     another person if, on application of the transferor, the 
     Secretary has certified that compliance with paragraph (2)(A) 
     is impracticable because--
       ``(A) the ratio of the number of law enforcement officers 
     of the State in which the transfer is to occur to the number 
     of square miles of land area of the State does not exceed 
     0.0025;
       ``(B) the business premises of the licensee at which the 
     transfer is to occur are extremely remote in relation to the 
     chief law enforcement officer; and
       ``(C) there is an absence of telecommunications facilities 
     in the geographical area in which the business premises are 
     located.
       ``(5) Inclusion of identification number.--If the system 
     notifies the licensee that the information available to the 
     system does not demonstrate that the receipt of explosive 
     materials by the transferee would violate subsection (i) or 
     State law, and the licensee transfers explosive materials to 
     the transferee, the licensee shall include in the record of 
     the transfer the unique identification number provided by the 
     system with respect to the transfer.
       ``(6) Penalties.--If the licensee knowingly transfers 
     explosive materials to another person and knowingly fails to 
     comply with paragraph (2) with respect to the transfer, the 
     Secretary may, after notice and opportunity for a hearing--
       ``(A) suspend for not more than 6 months or revoke any 
     license issued to the licensee under section 843; and
       ``(B) impose on the licensee a civil penalty of not more 
     than $5,000.
       ``(7) No liability.--Neither a local government nor an 
     employee of the Federal Government or of any State or local 
     government, responsible for providing information to the 
     system shall be liable in an action at law for damages--
       ``(A) for failure to prevent the transfer of explosive 
     materials to a person whose receipt or possession of the 
     explosive material is unlawful under this section; or
       ``(B) for preventing such a transfer to a person who may 
     lawfully receive or possess explosive materials.
       ``(8) Determination of ineligibility.--
       ``(A) Written reasons provided on request.--If the system 
     determines that an individual is ineligible to receive 
     explosive materials and the individual requests the system to 
     provide the reasons for the determination, the system shall 
     provide such reasons to the individual, in writing, not later 
     than 5 business days after the date of the request.
       ``(B) Correction of erroneous system information.--
       ``(i) In general.--If the system informs an individual 
     contacting the system that receipt of explosive materials by 
     a prospective transferee would violate subsection (i) or 
     applicable State law, the prospective transferee may request 
     the Attorney General to provide the prospective transferee 
     with the reasons for the determination.
       ``(ii) Treatment of requests.--On receipt a request under 
     subparagraph (A), the Attorney General shall immediately 
     comply with the request.
       ``(iii) Submission of additional information.--

       ``(I) In general.--A prospective transferee may submit to 
     the Attorney General information to correct, clarify, or 
     supplement records of the system with respect to the 
     prospective transferee.
       ``(II) Action by the attorney general.--After receipt of 
     information under clause (i), the Attorney General shall--

       ``(aa) immediately consider the information;
       ``(bb) investigate the matter further; and
       ``(cc) correct all erroneous Federal records relating to 
     the prospective transferee and give notice of the error to 
     any Federal department or agency or any State that was the 
     source of such erroneous records.''.
       (c) Remedy for Erroneous Denial of Explosive Materials.--
       (1) In general.--Chapter 40 of title 18, United States 
     Code, is amended by inserting after section 843 the 
     following:

     ``Sec. 843A. Remedy for erroneous denial of explosive 
       materials

       ``(a) In General.--Any person denied explosive materials 
     under section 842(p)--
       ``(1) due to the provision of erroneous information 
     relating to the person by any State or political subdivision 
     of a State or by the national instant criminal background 
     check system referred to in section 922(t); or
       ``(2) who was not prohibited from receiving explosive 
     materials under section 842(i);

     may bring an action against an entity described in subsection 
     (b) for an order directing that the erroneous information be 
     corrected or that the transfer be approved, as the case may 
     be.
       ``(b) Entities Described.--An entity referred to in 
     subsection (a) is the State or political subdivision 
     responsible for providing the erroneous information referred 
     to in subsection (a)(1) or denying the transfer of explosives 
     or the United States, as the case may be.
       ``(c) Attorney's Fees.--In any action brought under this 
     section, the court, in its discretion, may allow the 
     prevailing party a reasonable attorney's fee as part of the 
     costs.''.
       (2) Technical amendment.--The analysis for chapter 40 of 
     title 18, United States Code, is amended by inserting after 
     the item relating to section 843 the following:

``843A. Remedy for erroneous denial of explosive materials.''.
       (d) Licenses and User Permits.--Section 843(a) of title 18, 
     United States Code, is amended--
       (1) by inserting ``, including fingerprints and a 
     photograph of the applicant'' before the period at the end of 
     the first sentence; and
       (2) by striking the second sentence and inserting the 
     following: ``Each applicant for a license shall pay for each 
     license a fee established by the Secretary in an amount not 
     to exceed $300. Each applicant for a permit shall pay for 
     each permit a fee established by the Secretary in an amount 
     not to exceed $100.''.
       (e) Penalties.--Section 844(a) of title 18, United States 
     Code, is amended--
       (1) by inserting ``(1) after ``(a)''; and
       (2) by adding at the end the following:
       ``(2) Background checks.--A person who violates section 
     842(p) shall be fined under this title, imprisoned not more 
     than 5 years, or both.''.
       (f) Effective Date.--The amendments made by subsections 
     (a), (b), (c), and (e) take effect 18 months after the date 
     of enactment of this Act.
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