II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Explosive Materials 

5 Background Check Act’’. 

6 SEC. 2. EXPLOSIVE MATERIALS BACKGROUND CHECKS. 

7 (a) AMENDMENTS TO TITLE 18.—Chapter 40 of title 

8 18, United States Code, is amended— 

9 (1) in section 841— 


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1 (A) in subsection (d), by inserting ‘‘smoke2 less powder and black powder substitutes,’’ 

3 after ‘‘black powder,’’; and 

4 (B) in subsection (h), by striking ‘‘the 

5 business of’’; 

6 (2) in section 842— 

7 (A) in subsection (d)— 

8 (i) in paragraph (9), by striking the 

9 period and inserting a semicolon; and 

10 (ii) inserting at the end the following: 

11 ‘‘(10) is subject to a court order that restrains 

12 such person from harassing, stalking, or threatening 

13 an intimate partner of such person or child of such 

14 intimate partner or person, or engaging in other 

15 conduct that would place an intimate partner in rea16 sonable fear of bodily injury to the partner or child, 

17 except that this paragraph shall only apply to a 

18 court order that— 

19 ‘‘(A) was issued after a hearing of which 

20 such person received actual notice, and at which 

21 such person had the opportunity to participate; 

22 and 

23 ‘‘(B)(i) includes a finding that such person 

24 represents a credible threat to the physical safe25 ty of such intimate partner or child; or 


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1 ‘‘(ii) by its terms explicitly prohibits the 

2 use, attempted use, or threatened use of phys3 ical force against such intimate partner or child 

4 that would reasonably be expected to cause bod5 ily injury; 

6 ‘‘(11) has been convicted in any court of a mis7 demeanor crime of domestic violence; or 

8 ‘‘(12) has received actual notice of the Attorney 

9 General’s determination made pursuant to sub10 section (d)(1)(B) or (j) of section 843 of this title.’’; 

11 and 

12 (B) in subsection (i)— 

13 (i) in paragraph (7), by inserting a 

14 semicolon after ‘‘person’’; 

15 (ii) inserting at the end the following: 

16 ‘‘(8) is subject to a court order that restrains 

17 such person from harassing, stalking, or threatening 

18 an intimate partner of such person or child of such 

19 intimate partner or person, or engaging in other 

20 conduct that would place an intimate partner in rea21 sonable fear of bodily injury to the partner or child, 

22 except that this paragraph shall only apply to a 

23 court order that— 

24 ‘‘(A) was issued after a hearing of which 

25 such person received actual notice, and at which 


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1 such person had the opportunity to participate; 

2 and 

3 ‘‘(B)(i) includes a finding that such person 

4 represents a credible threat to the physical safe5 ty of such intimate partner or child; or 

6 ‘‘(ii) by its terms explicitly prohibits the 

7 use, attempted use, or threatened use of phys8 ical force against such intimate partner or child 

9 that would reasonably be expected to cause bod10 ily injury; 

11 ‘‘(9) has been convicted in any court of a mis12 demeanor crime of domestic violence; or 

13 ‘‘(10) has received actual notice of the Attorney 

14 General’s determination made pursuant to sub15 section (d)(1)(B) or (j) of section 843 of this title.’’; 

16 (3) in section 843— 

17 (A) in subsection (b)— 

18 (i) by striking ‘‘Upon’’ and inserting 

19 ‘‘Except as provided in subsection (j), 

20 upon’’; 

21 (ii) in paragraph (6), by striking 

22 ‘‘and’’ after the semicolon; 

23 (iii) in paragraph (7), by striking the 

24 period and inserting ‘‘; and’’; and 


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1 (iv) by inserting at the end the fol2 lowing: 

3 ‘‘(8) in the case of a limited permit holder, the 

4 applicant certifies the permit will only be used to 

5 purchase black powder, black powder substitute, and 

6 smokeless powder in which case the limitation in 

7 paragraph (7) shall not apply.’’; 

8 (B) in subsection (d)— 

9 (i) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

10 (ii) by striking ‘‘if in the opinion’’ and 

11 inserting the following: ‘‘if— 

12 ‘‘(A) in the opinion’’; and 

13 (iii) by striking ‘‘. The Secretary’s ac14 tion’’ and inserting the following: ‘‘; or 

15 ‘‘(B) the Attorney General determines that 

16 the licensee or holder (or any responsible person 

17 or employee possessor thereof) is known (or ap18 propriately suspected) to be or have been en19 gaged in conduct constituting, in preparation 

20 for, in aid of, or related to terrorism, or pro21 viding material support or resources for ter22 rorism, and that the Attorney General has a 

23 reasonable belief that the person may use explo24 sives in connection with terrorism. 

25 ‘‘(2) The Attorney General’s action’’; and 


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1 (C) in subsection (e)— 

2 (i) in paragraph (1), by inserting after 

3 the first sentence the following: ‘‘However, 

4 if the denial or revocation is based upon an 

5 Attorney General determination under sub6 section (j) or (d)(1)(B), any information 

7 which the Attorney General relied on for 

8 this determination may be withheld from 

9 the petitioner if the Attorney General de10 termines that disclosure of the information 

11 would likely compromise national secu12 rity.’’; and 

13 (ii) in paragraph (2), by adding at the 

14 end the following: ‘‘In responding to any 

15 petition for review of a denial or revocation 

16 based upon an Attorney General deter17 mination under subsection (j) or (d)(1)(B), 

18 the United States may submit, and the 

19 court may rely upon, summaries or re20 dacted versions of documents containing 

21 information the disclosure of which the At22 torney General has determined would likely 

23 compromise national security.’’; 

24 (D) in subsection (h)(2)— 


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1 (i) in subparagraph (A), by inserting 

2 ‘‘or in subsection (j) of this section (on 

3 grounds of terrorism)’’ after ‘‘section 

4 842(i)’’; and 

5 (ii) in subparagraph (B)— 

6 (I) in the matter preceding clause 

7 (i), by inserting ‘‘or in subsection (j) 

8 of this section,’’ after ‘‘section 

9 842(i),’’; and 

10 (II) in clause (ii), by inserting ‘‘, 

11 except that any information that the 

12 Attorney General relied on for a de13 termination pursuant to subsection (j) 

14 may be withheld if the Attorney Gen15 eral concludes that disclosure of the 

16 information would likely compromise 

17 national security’’ after ‘‘determina18 tion’’ ; and 

19 (E) by inserting at the end the following: 

20 ‘‘(j) ATTORNEY GENERAL DISCRETIONARY DENIAL

21 OF FEDERAL EXPLOSIVES LICENSES AND PERMITS.— 

22 The Attorney General may deny the issuance of a permit 

23 or license to an applicant if the Attorney General deter24 mines that the applicant or a responsible person or em25 ployee possessor thereof is known (or appropriately susVerDate Mar 15 2010 03:00 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S792.IS S792

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1 pected) to be or have been engaged in conduct consti2 tuting, in preparation of, in aid of, or related to terrorism, 

3 or providing material support or resources for terrorism, 

4 and the Attorney General has a reasonable belief that the 

5 person may use explosives in connection with terrorism.’’; 

6 and 

7 (4) in section 845(a)— 

8 (A) in paragraph (4), by inserting after 

9 ‘‘and components thereof’’ the following: ‘‘, ex10 cept for smokeless powder and black powder 

11 substitutes’’; and 

12 (B) in paragraph (5), by striking ‘‘black 

13 powder in quantities not to exceed fifty 

14 pounds,’’. 

15 (b) GUIDELINES.— 

16 (1) IN GENERAL.—The Attorney General shall 

17 issue guidelines describing the circumstances under 

18 which the Attorney General will exercise the author19 ity and make determinations under subsections 

20 (d)(1)(B) and (j) of section 843 of title 18, United 

21 States Code, as amended by this Act. 

22 (2) CONTENTS.—The guidelines issued under 

23 paragraph (1) shall— 

24 (A) provide accountability and a basis for 

25 monitoring to ensure that the intended goals 


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1 for, and expected results of, the grant of au2 thority under subsections (d)(1)(B) and (j) of 

3 section 843 of title 18, United States Code, as 

4 amended by this Act, are being achieved; and 

5 (B) ensure that terrorist watch list records 

6 are used in a manner that safeguards privacy 

7 and civil liberties protections, in accordance 

8 with requirements outlines in Homeland Secu9 rity Presidential Directive 11 (dated August 27, 

10 2004). 

Æ 


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