,,ii #aacth ,,congress #ast ,session ,s4 #gib ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bc1 #bjac ,mr4 ,reid 7for ,mr4 ,lautenberg7 introduced the following bill2 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 materials4 #a4 ,short title ,this ,act may be cited as the ,explosive ,materials ,background ,check ,act4 #b4 ,explosive materials background checks 7a7 ,amendments to title #ah ,chapter #dj of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #hda-- 7,a7 in subsection 7d71 by inserting smokeless powder and black powder substitutes1 after black powder12 and 7,b7 in subsection 7h71 by striking the business of2 7#b7 in section #hdb-- 7,a7 in subsection 7d7-- 7i7 in paragraph 7#i71 by striking the period and inserting a semicolon2 and 7ii7 inserting at the end the following3 7#aj7 is subject to a court order that restrains such person from harassing1 stalking1 or threatening an intimate partner of such person or child of such intimate partner or person1 or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child1 except that this paragraph shall only apply to a court order that-- 7,a7 was issued after a hearing of which such person received actual notice1 and at which such person had the opportunity to participate2 and 7,b7 7i7 includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child2 or 7ii7 by its terms explicitly prohibits the use1 attempted use1 or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury2 7#aa7 has been convicted in any court of a misdemeanor crime of domestic violence2 or 7#ab7 has received actual notice of the ,attorney ,general's determination made pursuant to subsection 7d77#a77;,b7 or 7j7 of section #hdc of this title4 2 and 7,b7 in subsection 7i7-- 7i7 in paragraph 7#g71 by inserting a semicolon after person2 7ii7 inserting at the end the following3 7#h7 is subject to a court order that restrains such person from harassing1 stalking1 or threatening an intimate partner of such person or child of such intimate partner or person1 or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child1 except that this paragraph shall only apply to a court order that-- 7,a7 was issued after a hearing of which such person received actual notice1 and at which such person had the opportunity to participate2 and 7,b7 7i7 includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child2 or 7ii7 by its terms explicitly prohibits the use1 attempted use1 or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury2 7#i7 has been convicted in any court of a misdemeanor crime of domestic violence2 or 7#aj7 has received actual notice of the ,attorney ,general's determination made pursuant to subsection 7d77#a77;,b7 or 7j7 of section #hdc of this title4 2 7#c7 in section #hdc-- 7,a7 in subsection 7b7-- 7i7 by striking ,upon and inserting ,except as provided in subsection 7j71 upon2 7ii7 in paragraph 7#f71 by striking and after the semicolon2 7iii7 in paragraph 7#g71 by striking the period and inserting 2 and2 and 7iv7 by inserting at the end the following3 7#h7 in the case of a limited permit holder1 the applicant certifies the permit will only be used to purchase black powder1 black powder substitute1 and smokeless powder in which case the limitation in paragraph 7#g7 shall not apply4 2 7,b7 in subsection 7d7-- 7i7 by inserting 7#a7 after 7d72 7ii7 by striking if in the opinion and inserting the following3 8if-- 87,a7 in the opinion02 and 7iii7 by striking 4 ,the ,secretary's action and inserting the following3 82 or 7,b7 the ,attorney ,general determines that the licensee or holder 7or any responsible person or employee possessor thereof7 is known 7or appropriately suspected7 to be or have been engaged in conduct constituting1 in preparation for1 in aid of1 or related to terrorism1 or providing material support or resources for terrorism1 and that the ,attorney ,general has a reasonable belief that the person may use explosives in connection with terrorism4 7#b7 ,the ,attorney ,general's action 2 and 7,c7 in subsection 7e7-- 7i7 in paragraph 7#a71 by inserting after the first sentence the following3 ,however1 if the denial or revocation is based upon an ,attorney ,general determination under subsection 7j7 or 7d77#a77;,b71 any information which the ,attorney ,general relied on for this determination may be withheld from the petitioner if the ,attorney ,general determines that disclosure of the information would likely compromise national security42 and 7ii7 in paragraph 7#b71 by adding at the end the following3 ,in responding to any petition for review of a denial or revocation based upon an ,attorney ,general determination under subsection 7j7 or 7d77#a77;,b71 the ,united ,states may submit1 and the court may rely upon1 summaries or redacted versions of documents containing information the disclosure of which the ,attorney ,general has determined would likely compromise national security42 7,d7 in subsection 7h77#b7-- 7i7 in subparagraph 7,a71 by inserting or in subsection 7j7 of this section 7on grounds of terrorism7 after section #hdb7;i72 and 7ii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by inserting or in subsection 7j7 of this section1 after section #hdb7;i712 and 7,,ii7 in clause 7ii71 by inserting 1 except that any information that the ,attorney ,general relied on for a determination pursuant to subsection 7j7 may be withheld if the ,attorney ,general concludes that disclosure of the information would likely compromise national security after determination 2 and 7,e7 by inserting at the end the following3 7j7 ,attorney ,general discretionary denial of ,federal explosives licenses and permits ,the ,attorney ,general may deny the issuance of a permit or license to an applicant if the ,attorney ,general determines that the applicant or a responsible person or employee possessor thereof is known 7or appropriately suspected7 to be or have been engaged in conduct constituting1 in preparation of1 in aid of1 or related to terrorism1 or providing material support or resources for terrorism1 and the ,attorney ,general has a reasonable belief that the person may use explosives in connection with terrorism4 2 and 7#d7 in section #hde7;a7-- 7,a7 in paragraph 7#d71 by inserting after and components thereof the following3 1 except for smokeless powder and black powder substitutes2 and 7,b7 in paragraph 7#e71 by striking black powder in quantities not to exceed fifty pounds14 7b7 ,guidelines 7#a7 ,in general ,the ,attorney ,general shall issue guidelines describing the circumstances under which the ,attorney ,general will exercise the authority and make determinations under subsections 7d77#a77;,b7 and 7j7 of section #hdc of title #ah1 ,united ,states ,code1 as amended by this ,act4 7#b7 ,contents ,the guidelines issued under paragraph 7#a7 shall-- 7,a7 provide accountability and a basis for monitoring to ensure that the intended goals for1 and expected results of1 the grant of authority under subsections 7d77#a77;,b7 and 7j7 of section #hdc of title #ah1 ,united ,states ,code1 as amended by this ,act1 are being achieved2 and 7,b7 ensure that terrorist watch list records are used in a manner that safeguards privacy and civil liberties protections1 in accordance with requirements outlines in ,homeland ,security ,presidential ,directive #aa 7dated ,august #bg1 #bjjd74