Prohibits a licensed importer, manufacturer, or dealer from transferring explosive materials to a permittee unless specified conditions are met, including that: (1) before the completion of the transfer, the licensee contacts the national instant criminal background check system; and (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.
Sets forth provisions regarding: (1) penalties; (2) immunity from liability; (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.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2089 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2089
To combat criminal misuse of explosives.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2002
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, cause to be transported, ship,
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) in paragraph (1), by adding ``or'' at
the end;
(ii) in paragraph (2), by striking ``; or''
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:
``(q) 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(d)) 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.--
``(i) In general.--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.
``(ii) Ineligibility due to violation.--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.
``(B) Treatment of requests.--On receipt of a
request under subparagraph (A), the Attorney General
shall immediately comply with the request.
``(C) 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 receiving information under clause (i),
the Attorney General shall--
``(I) immediately consider the
information;
``(II) investigate the matter
further;
``(III) correct all erroneous
Federal records relating to the
prospective transferee; and
``(IV) 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(q)--
``(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 established under section 103 of the Brady Handgun
Violence Prevention Act (18 U.S.C. 922 note); 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--
``(1) the State or political subdivision responsible for--
``(A) providing the erroneous information referred
to in subsection (a)(1); or
``(B) denying the transfer of explosives; or
``(2) the United States.
``(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 striking ``shall be in such form and contain such
information'' and inserting ``shall include fingerprints and a
photograph of the applicant, and shall be in such form and
contain such other information''; 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) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) violates section 842(q) 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) shall take effect 18 months after the date of enactment of
this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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