Title: To impose restrictions on the sale of binary explosives, and for other purposes.
Policy area: Crime and Law Enforcement

Summary:
This bill establishes a framework to regulate the sale of binary explosives. A binary explosive is a substance that, when combined with another substance, produces explosive material.

[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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