,i #aacth ,,congress #ast ,session ,h4 ,r4 #gbj ,,in ,,the ,,house ,,of ,,representatives ,february #ad1 #bjac ,mr4 ,king of ,new ,york 7for himself1 ,mr4 ,rangel1 ,mr4 ,capuano1 ,mr4 ,cicilline1 ,mr4 ,deutch1 ,mr4 ,engel1 ,mr4 ,farr1 ,mr4 ,grimm1 ,mr4 ,himes1 ,mr4 ,holt1 ,mr4 ,israel1 ,mr4 ,moran1 ,ms4 ,norton1 ,mr4 ,pierluisi1 ,mr4 ,quigley1 ,ms4 ,slaughter1 ,mr4 ,waxman1 and ,mr4 ,mc,govern7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to increase public safety by permitting the ,attorney ,general to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist4 #a4 ,short title ,this ,act may be cited as the ,denying ,firearms and ,explosives to ,dangerous ,terrorists ,act of #bjac4 #b4 ,granting the attorney general the authority to deny the sale1 delivery1 or transfer of a firearm or the issuance of a firearms or explosives license or permit to dangerous terrorists 7a7 ,standard for exercising attorney general discretion regarding transferring firearms or issuing firearms permits to dangerous terrorists ,chapter #dd of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting the following new section after section #ibb3 #ibb;,a4 ,attorney ,general's discretion to deny transfer of a firearm ,the ,attorney ,general may deny the transfer of a firearm pursuant to section #ibb7t77#a77;,b77ii7 if the ,attorney ,general determines that the transferee 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 thereof1 and the ,attorney ,general has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism4 2 7#b7 by inserting the following new section after section #ibb;,a3 #ibb;,b4 ,attorney ,general's discretion regarding applicants for firearm permits which would qualify for the exemption provided under section #ibb7t77#c7 ,the ,attorney ,general may determine that an applicant for a firearm permit which would qualify for an exemption under section #ibb7t7 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 thereof1 and the ,attorney ,general has a reasonable belief that the applicant may use a firearm in connection with terrorism4 2 and 7#c7 in section #iba7;a71 by adding at the end the following3 7#cf7 ,the term terrorism means international terrorism as defined in section #bcca7a71 and domestic terrorism as defined in section #bcca7e74 7#cg7 ,the term material support means material support or resources within the meaning of section #bcci;,a or #bcci;,b4 7#ch7 ,the term responsible person means an individual who has the power1 directly or indirectly1 to direct or cause the direction of the management and policies of the applicant or licensee pertaining to firearms4 4 7b7 ,effect of attorney general discretionary denial through the national instant criminal background check system 7,,nics7 on firearms permits ,section #ibb7t7 of such title is amended-- 7#a7 in paragraph 7#a77;,b77ii71 by inserting or ,state law1 or that the ,attorney ,general has determined to deny the transfer of a firearm pursuant to section #ibb;,a before the semicolon2 7#b7 in paragraph 7#b71 by inserting after or ,state law the following3 or if the ,attorney ,general has not determined to deny the transfer of a firearm pursuant to section #ibb;,a2 7#c7 in paragraph 7#c77;,a77i7-- 7,a7 by striking and at the end of subclause 7,i72 and 7,b7 by adding at the end the following3 7,,iii7 was issued after a check of the system established pursuant to paragraph 7#a72 2 7#d7 in paragraph 7#c77;,a7-- 7,a7 by adding and at the end of clause 7ii72 and 7,b7 by adding after and below the end the following3 7iii7 the ,state issuing the permit agrees to deny the permit application if such other person is the subject of a determination by the ,attorney ,general pursuant to section #ibb;,b2 2 7#e7 in paragraph 7#d71 by inserting after or ,state law1 the following3 or if the ,attorney ,general has not determined to deny the transfer of a firearm pursuant to section #ibb;,a12 and 7#f7 in paragraph 7#e71 by inserting after or ,state law1 the following3 or if the ,attorney ,general has determined to deny the transfer of a firearm pursuant to section #ibb;,a14 7c7 ,unlawful sale or disposition of firearm based on attorney general discretionary denial ,section #ibb7;d7 of such title is amended-- 7#a7 by striking or at the end of paragraph 7#h72 7#b7 by striking the period at the end of paragraph 7#i7 and inserting 2 or2 and 7#c7 by inserting after paragraph 7#i7 the following3 7#aj7 has been the subject of a determination by the ,attorney ,general pursuant to section #ibb;,a1 #ibb;,b1 #ibc7;d77#a77;,h71 or #ibc7;e7 of this title4 4 7d7 ,attorney general discretionary denial as prohibitor ,section #ibb7;g7 of such title is amended-- 7#a7 by striking or at the end of paragraph 7#h72 7#b7 by striking the comma at the end of paragraph 7#i7 and inserting2 2 or2 and 7#c7 by inserting after paragraph 7#i7 the following3 7#aj7 who has received actual notice of the ,attorney ,general's determination made pursuant to section #ibb;,a1 #ibb;,b1 #ibc7;d77#a77;,h71 or #ibc7;e7 of this title4 4 7e7 ,attorney general discretionary denial of federal firearms licenses ,section #ibc7;d77#a7 of such title is amended-- 7#a7 by striking ,any and inserting ,except as provided in subparagraph 7,h71 any2 7#b7 in subparagraph 7,f77iii71 by striking and at the end2 7#c7 in subparagraph 7,g71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7,h7 ,the ,attorney ,general may deny a license application if the ,attorney ,general determines that the applicant 7including any responsible person7 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 thereof1 and the ,attorney ,general has a reasonable belief that the applicant may use a firearm in connection with terrorism4 4 7f7 ,discretionary revocation of federal firearms licenses ,section #ibc7;e7 of such title is amended-- 7#a7 in the #ast sentence-- 7,a7 by inserting after revoke the following3 --7#a72 and 7,b7 by striking the period and inserting a semicolon2 7#b7 in the #bnd sentence-- 7,a7 by striking ,the ,attorney ,general may1 after notice and opportunity for hearing1 revoke and insert 7#b72 and 7,b7 by striking the period and inserting 2 or2 and 7#c7 by adding at the end the following3 7#c7 any license issued under this section if the ,attorney ,general determines that the holder of the license 7including any responsible person7 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 thereof1 and the ,attorney ,general has a reasonable belief that the applicant may use a firearm in connection with terrorism4 4 7g7 ,attorney general's ability ,to withhold information in firearms license denial and revocation suit ,section #ibc7;f7 of such title is amended-- 7#a7 in the #ast sentence of paragraph 7#a71 by inserting 1 except that if the denial or revocation is pursuant to subsection 7d77#a77;,h7 or 7e77#c71 then any information on which the ,attorney ,general relied for this determination may be withheld from the petitioner if the ,attorney ,general determines that disclosure of the information would likely compromise national security before the period2 and 7#b7 in paragraph 7#c71 by inserting after the #crd sentence the following3 ,with respect to any information withheld from the aggrieved party under paragraph 7#a71 the ,united ,states may submit1 and the court may rely on1 summaries or redacted versions of documents containing information the disclosure of which the ,attorney ,general has determined would likely compromise national security44 7h7 ,attorney general's ability ,to withhold information in relief from disabilities lawsuits ,section #ibe7;c7 of such title is amended by inserting after the #crd sentence the following3 ,if receipt of a firearm by the person would violate section #ibb7;g77#aj71 any information which the ,attorney ,general relied on for this determination may be withheld from the applicant if the ,attorney ,general determines that disclosure of the information would likely compromise national security4 ,in responding to the petition1 the ,united ,states may submit1 and the court may rely on1 summaries or redacted versions of documents containing information the disclosure of which the ,attorney ,general has determined would likely compromise national security44 7i7 ,penalties ,section #ibd7k7 of such title is amended-- 7#a7 by striking or at the end of paragraph 7#b72 7#b7 in paragraph 7#c71 by striking 1 or and inserting 2 or2 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 constitutes an act of terrorism 7as defined in section #iba7;a77#cf771 or material support thereof 7as defined in section #iba7;a77#cg771 or 4 7j7 ,remedy for erroneous denial of firearm or firearm permit exemption ,section #ibe;,a of such title is amended-- 7#a7 in the section heading1 by striking ,remedy for erroneous denial of firearm and inserting ,remedies2 7#b7 by striking ,any person denied a firearm pursuant to subsection 7s7 or 7t7 of section #ibb and inserting the following3 7a7 ,except as provided in subsection 7b71 any person denied a firearm pursuant to section #ibb7t7 or pursuant to a determination made under section #ibb;,b1 2 and 7#c7 by adding after and below the end the following3 7b7 ,in any case in which the ,attorney ,general has denied the transfer of a firearm to a prospective transferee pursuant to section #ibb;,a or has made a determination regarding a firearm permit applicant pursuant to section #ibb;,b1 an action challenging the determination may be brought against the ,united ,states4 ,the petition must be filed not later than #fj days after the petitioner has received actual notice of the ,attorney ,general's determination made pursuant to section #ibb;,a or #ibb;,b4 ,the court shall sustain the ,attorney ,general's determination on a showing by the ,united ,states by a preponderance of evidence that the ,attorney ,general's determination satisfied the requirements of section #ibb;,a or #ibb;,b4 ,to make this showing1 the ,united ,states may submit1 and the court may rely on1 summaries or redacted versions of documents containing information the disclosure of which the ,attorney ,general has determined would likely compromise national security4 ,on request of the petitioner or the court's own motion1 the court may review the full1 undisclosed documents ex parte and in camera4 ,the court shall determine whether the summaries or redacted versions1 as the case may be1 are fair and accurate representations of the underlying documents4 ,the court shall not consider the full1 undisclosed documents in deciding whether the ,attorney ,general's determination satisfies the requirements of section #ibb;,a or #ibb;,b4 4 7k7 ,provision of grounds underlying ineligibility determination by the national instant criminal background check system ,section #ajc of the ,brady ,handgun ,violence ,prevention ,act 7,public ,law #ajc-aei7 is amended-- 7#a7 in subsection 7f7-- 7,a7 by inserting after is ineligible to receive a firearm1 the following3 or the ,attorney ,general has made a determination regarding an applicant for a firearm permit pursuant to section #ibb;,b of title #ah1 ,united ,states ,code2 and 7,b7 by inserting after the system shall provide such reasons to the individual1 the following3 except for any information the disclosure of which the ,attorney ,general has determined would likely compromise national security2 and 7#b7 in subsection 7g7-- 7,a7 in the #ast sentence1 by inserting after subsection 7g7 or 7n7 of section #ibb of title #ah1 ,united ,states ,code or ,state law the following3 or if the ,attorney ,general has made a determination pursuant to section #ibb;,a or #ibb;,b of such title12 7,b7 by inserting 1 except any information the disclosure of which the ,attorney ,general has determined would likely compromise national security before the period2 and 7,c7 by adding at the end the following3 ,any petition for review of information withheld by the ,attorney ,general under this subsection shall be made in accordance with section #ibe;,a of title #ah1 ,united ,states ,code44 7l7 ,unlawful distribution of explosives based on attorney general discretionary denial ,section #hdb7;d7 of such title is amended-- 7#a7 by striking the period at the end of paragraph 7#i7 and inserting 2 or2 and 7#b7 by adding at the end the following3 7#aj7 has received actual notice of the ,attorney ,general's determination made pursuant to section #hdc7;b77#h7 or 7d77#b7 of this title4 4 7m7 ,attorney ,general discretionary denial as prohibitor ,section #hdb7;i7 of such title is amended-- 7#a7 by adding or at the end of paragraph 7#g72 and 7#b7 by inserting after paragraph 7#g7 the following3 7#h7 who has received actual notice of the ,attorney ,general's determination made pursuant to section #hdc7;b77#h7 or 7d77#b71 4 7n7 ,attorney ,general discretionary denial of ,federal explosives licenses and permits ,section #hdc7;b7 of such title is amended-- 7#a7 by striking ,upon and inserting the following3 ,except as provided in paragraph 7#h71 on2 and 7#b7 by inserting after paragraph 7#g7 the following3 7#h7 ,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 thereof1 and the ,attorney ,general has a reasonable belief that the person may use explosives in connection with terrorism4 4 7o7 ,attorney ,general discretionary revocation of ,federal explosives licenses and permits ,section #hdc7;d7 of such title is amended-- 7#a7 by inserting 7#a7 in the first sentence after if2 and 7#b7 by striking the period at the end of the first sentence and inserting the following3 2 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 thereof1 and that the ,attorney ,general has a reasonable belief that the person may use explosives in connection with terrorism44 7p7 ,attorney ,general's ability ,to withhold information in explosives license and permit denial and revocation suits ,section #hdc7;e7 of such title is amended-- 7#a7 in the #ast sentence of paragraph 7#a71 by inserting except that if the denial or revocation is based on a determination under subsection 7b77#h7 or 7d77#b71 then any information which the ,attorney ,general relied on for the determination may be withheld from the petitioner if the ,attorney ,general determines that disclosure of the information would likely compromise national security before the period2 and 7#b7 in paragraph 7#b71 by adding at the end the following3 ,in responding to any petition for review of a denial or revocation based on a determination under section #hdc7;b77#h7 or 7d77#b71 the ,united ,states may submit1 and the court may rely on1 summaries or redacted versions of documents containing information the disclosure of which the ,attorney ,general has determined would likely compromise national security44 7q7 ,ability ,to withhold information in communications to employers ,section #hdc7;h77#b7 of such title is amended-- 7#a7 in subparagraph 7,a71 by inserting or section #hdc7;b77#a7 7on grounds of terrorism7 of this title1 after section #hdb7;i712 and 7#b7 in subparagraph 7,b7-- 7,a7 by inserting or section #hdc7;b77#h7 after section #hdb7;i72 and 7,b7 in clause 7ii71 by inserting 1 except that any information that the ,attorney ,general relied on for a determination pursuant to section #hdc7;b77#h7 may be withheld if the ,attorney ,general concludes that disclosure of the information would likely compromise national security before the semicolon4 7r7 ,conforming amendment to immigration and nationality act ,section #aja7;a77#dc77;,e77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77;,e77ii77 is amended by striking or 7#e7 and inserting 7#e71 or 7#aj74