Explosive Materials Background Check Act

Summary: Explosive Materials Background Check Act - Amends federal criminal code provisions governing the importation, manufacture, distribution, and storage of explosive materials to: (1) include smokeless powder and black powder substitute within the definition of an &quot;explosive&quot; to which such provisions apply; (2) revise the definition of &quot;manufacturer&quot; to mean any person engaged in manufacturing (currently, in the business of manufacturing) explosive materials; and (3) delete the exemption for commercially manufactured black powder in quantities of less than fifty pounds. Prohibits knowingly distributing explosive materials to any person who: (1) is subject to a court order (issued after a hearing meeting specified requirements) that restrains such person from harassing, stalking, or threatening an intimate partner or a child of such intimate partner or person or from engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; (2) has been convicted in any court of a misdemeanor crime of domestic violence; or (3) the Attorney General has determined is an individual known or appropriately suspected to be or have been engaged in, conduct constituting or related to terrorism or providing material support or resources for terrorism and the Attorney General has a reasonable belief that such person may use explosives in connection with terrorism. Makes it unlawful for any such person to ship or transport any explosive in or affecting interstate or foreign commerce or to receive or possess any explosive that has been shipped or transported in or affecting interstate or foreign commerce.  Exempts a limited explosives material permit holder who certifies that the permit will only be used to purchase black powder, black powder substitute, and smokeless powder from provisions limiting the receipt of explosive materials to six separate occasions during a 12-month period. Authorizes the Attorney General to deny or revoke an explosives materials license or permit upon determining that the licensee or holder is known to be or have been engaged in such terrorist conduct and may use explosives in connection with terrorism. Directs the Attorney General to issue guidelines describing the circumstances under which the Attorney General will exercise such authority and make such determinations.

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).