,i #aaeth ,,congress #ast ,session ,h4 ,r4 #djfd ,,in ,,the ,,house ,,of ,,representatives ,october #ab1 #bjag,mr4 ,soto introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to impose restrictions on the sale of binary explosives1 and for other purposes4 #a4 ,licensing of retailers of binary explosives 7a7 ,prohibited acts ,section #hdb7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c77;,b71 by striking or2 7#b7 in paragraph 7#d77;,b71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#e7 to engage in the business of selling a binary explosive to an individual without a license issued under this chapter2 7#f7 to knowingly sell a binary explosive to an individual without complying with subsection 7q72 or 7#g7 to knowingly purchase a binary explosive in excess of the monthly amount described in subsection 7q77#a74 4 7b7 ,treatment of binary explosives 7#a7 ,treatment with respect to licenses ,section #hdc of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a71 by striking deal in explosive materials and inserting deal in explosive materials1 or to sell a binary explosive to an individual12 7,b7 in subsection 7a71 by striking to possess explosive materials and inserting to possess explosive materials or a binary explosive2 7,c7 in subsection 7b77#d77;,a71 by striking storage for explosive materials and inserting storage for explosive materials or a binary explosive2 and 7,d7 in subsection 7f71 by adding at the end3 ,a reference in this subsection to explosive materials shall also include a binary explosive44 7#b7 ,treatment with respect to penalties ,section #hdd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7q7 ,treatment of binary explosives ,a reference in this section to explosive materials shall also include a binary explosive4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is #a year after the date of enactment of this ,act4 #b4 ,establishment of maximum purchase amounts for binary explosives ,section #hdb of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7q7 ,establishment of maximum purchase amounts for binary explosives 7#a7 ,maximum monthly purchase amounts ,not later than #ij days after the date of enactment of this subsection1 the ,attorney ,general shall establish the maximum amount of a binary explosive 7or a combination thereof7 that may be purchased by one individual in a calendar month1 based on a recommendation from the ,director of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives4 7#b7 ,establishment of national binary explosive check system 7,a7 ,in general ,not later than #ahj days after the date of enactment of this subsection1 the ,attorney ,general shall establish a national binary explosive check system4 7,b7 ,operation of system ,the system shall-- 7i7 be electronic and accessible through an ,internet website2 7ii7 compile records of sales of all binary explosives to named individuals2 7iii7 be capable of identifying a named individual by entry of information from a valid identification document 7as defined in section #ajbh7;d77 issued to such individual2 7iv7 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 7#a72 7v7 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 7#a72 7vi7 be able to respond to all inquiries in a reasonable amount of time2 and 7vii7 only be accessible to dealers of binary explosives that have a valid license issued under this chapter4 7#c7 ,behind-the-counter access and sales form requirements ,beginning on the date that is #a year after the date of enactment of this subsection1 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 following3 7,a7 ,the seller offers the product for sale only at a retail location4 7,b7 ,in offering the product for sale1 the seller places the product behind the counter4 7,c7 ,the seller delivers the product directly into the custody of the purchaser4 7,d7 ,the seller does not sell such a product unless the prospective purchaser-- 7i7 presents a valid identification document 7as defined in section #ajbh7;d77 of such purchaser containing a photograph of such purchaser2 and 7ii7 fills out the sales form with the name and address of such purchaser and the amount of binary explosive being purchased4 7,e7 ,the seller does not sell such a product to a prospective purchaser unless the seller-- 7i7 determines that the name entered by such prospective purchaser on the sales form is the same as the name provided on the identification document2 7ii7 transmits to the national binary explosive check system the name of the product1 the quantity to be sold1 and the name and address of such prospective purchaser2 and 7iii7 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 7#a74 7,f7 ,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 #ajja1 which notice specifies the maximum fine and term of imprisonment under such section4 7,g7 ,the seller maintains the sales form for not fewer than two years after the date on which the sale is consummated4 7#d7 ,safe harbor rule 7,a7 ,in general ,a seller who knows1 should know1 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 7#a7 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 7#a74 7,b7 ,required procedure ,if a seller sells a binary explosive to a prospective purchaser pursuant to subparagraph 7,a71 such seller1 promptly after the sale1 shall notify the ,attorney ,general of-- 7i7 the name and address of the purchaser2 7ii7 the amount sold2 and 7iii7 the factual basis1 if any1 for the knowledge or belief that such a sale resulted in a violation of paragraph 7#a74 7#e7 ,definition ,in this section3 7,a7 ,the term behind the counter means1 with respect to a binary explosive1 that customers do not have direct access to the product before the sale is made at a retail location4 7,b7 ,the term retail location means a location at which a seller sells a binary explosive in limited1 small quantities or amounts1 and not in gross4 7,c7 ,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 purchased4 4 #c4 ,definition ,section #hda of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7u7 ,binary explosive means a substance that1 when combined with another substance-- 7#a7 results in explosive material2 and 7#b7 has as its primary or common purpose to function by explosion through target practice using a firearm4 4