text: 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.
target: 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 in a contiguous State); or (2) distributing explosive materials to any person other than such a licensee or permittee (currently, to any such person who the distributor knows or has reasonable cause to believe does not reside in the same State). Repeals provisions permitting distribution to 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.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.
feat_title: A bill to combat criminal misuse of explosives.