Dangerous Explosives Background Checks Requirement Act - Amends the Federal criminal code to prohibit a person other than a Federal explosive materials licensee or permittee from knowingly: (1) transporting, shipping, causing to be transported, or receiving explosive materials (currently, in interstate or foreign commerce, and with a specified exception based on residency); or (2) distributing explosive materials to any person other than such a licensee or permittee (currently, who the distributor knows or has reasonable cause to believe does not reside in the same State or who is a resident of the State where distribution is made and in which the licensee is licensed to do business or a State contiguous thereto if permitted by the law of the State of the purchaser's residence).
Directs the Secretary of the Treasury to: (1) promulgate final regulations with respect to such provisions within 180 days; and (2) notify the States, upon promulgation of final regulations, so the States may consider legislation to amend relevant State laws relating to explosives.
Prohibits a licensed importer, manufacturer, or dealer from transferring explosive materials to a permittee unless: (1) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under the Brady Handgun Violence Prevention Act; (2) either the system provides the licensee with a unique identification number or five 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 Federal law; (3) the transferor has verified the identity of the transferee by examining a valid identification document of the transferee containing a photograph of the transferee; and (4) the transferor has examined the permit issued to the transferee and recorded the permit number on the record of the transfer. Requires the system to assign a unique identification number to the transfer and provide the licensee with the number if receipt of explosive materials would not violate code provisions or State law. Makes this prohibition inapplicable in certain cases based on impracticability.
Sets forth provisions regarding: (1) penalties for prohibition violations; (2) immunity from liability for governments and government employees responsible for providing information to the system; (3) information to be supplied to individuals determined to be ineligible to receive explosive materials; and (4) the remedy for erroneous denial of explosive materials.
Requires applications for explosive materials licenses and user permits to include fingerprints and a photograph of each applicant. Modifies the fee amount that the Secretary may set for licenses and permits. Sets penalties for violation of background check provisions of this Act.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1353 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1353
To combat criminal misuse of explosives.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13 (legislative day, July 12), 1999
Mr. Torricelli introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To combat criminal misuse of explosives.
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 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S8373)
Read twice and referred to the Committee on Judiciary.
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