,,ii #aacth ,,congress #ast ,session ,s4 #cd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bb 7legislative day1 ,january #c71 #bjac ,mr4 ,lautenberg 7for himself1 ,mr4 ,schumer1 ,mr4 ,durbin1 ,mrs4 ,feinstein1 ,mr4 ,reed1 ,mrs4 ,boxer1 ,mr4 ,menendez1 ,mr4 ,whitehouse1 ,mr4 ,levin1 ,mr4 ,blumenthal1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to increase public safety by permitting the ,attorney ,general to deny the transfer of firearms or the issuance of firearms and explosives licenses to known or suspected dangerous terrorists4 #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 after section #ibb the following3 #ibb;,a4 ,attorney ,general's discretion to deny transfer of a firearm4 ,the ,attorney ,general may deny the transfer of a firearm under section #ibb7t77#a77;,b77ii7 of this title if the ,attorney ,general-- 7#a7 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 or resources for terrorism2 and 7#b7 has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism4 #ibb;,b4 ,attorney ,general's discretion regarding applicants for firearm permits which would qualify for the exemption provided under section #ibb7t77#c74 ,the ,attorney ,general may determine that-- 7#a7 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 or resources for terrorism2 and 7#b7 the ,attorney ,general has a reasonable belief that the applicant may use a firearm in connection with terrorism4 2 7#b7 in section #iba7;a71 by adding at the end the following3 7#cf7 ,the term terrorism includes international terrorism and domestic terrorism1 as defined in section #bcca of this title4 7#cg7 ,the term material support or resources has the meaning given the term in section #bcci;,a of this title4 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 2 and 7#c7 in the table of sections1 by inserting after the item relating to section #ibb the following3 #ibb;,a4 ,attorney ,general's discretion to deny transfer of a firearm4 #ibb;,b4 ,attorney ,general's discretion regarding applicants for firearm permits which would qualify for the exemption provided under section #ibb7t77#c74 4 7b7 ,effect of ,attorney ,general discretionary denial through the ,national ,instant ,criminal ,background ,check ,system 7,,nics7 on firearms permits ,section #ibb7t7 of title #ah1 ,united ,states ,code1 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 of this title before the semicolon2 7#b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by inserting 1 or if the ,attorney ,general has not determined to deny the transfer of a firearm pursuant to section #ibb;,a of this title after or ,state law2 7#c7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i7-- 7,i7 in subclause 7,i71 by striking and at the end2 and 7,,ii7 by adding at the end the following3 7,,iii7 was issued after a check of the system established pursuant to paragraph 7#a72 2 7ii7 in clause 7ii71 by inserting and after the semicolon2 and 7iii7 by adding at 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;,b of this title2 2 7#d7 in paragraph 7#d71 by inserting 1 or if the ,attorney ,general has not determined to deny the transfer of a firearm pursuant to section #ibb;,a of this title after or ,state law2 and 7#e7 in paragraph 7#e71 by inserting 1 or if the ,attorney ,general has determined to deny the transfer of a firearm pursuant to section #ibb;,a of this title after or ,state law4 7c7 ,unlawful sale or disposition of firearm based upon ,attorney ,general discretionary denial ,section #ibb7;d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#h71 by striking or at the end2 7#b7 in paragraph 7#i71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#aj7 has been the subject of a determination by the ,attorney ,general under section #ibb;,a1 #ibb;,b1 #ibc7;d77#c71 or #ibc7;e7 of this title4 4 7d7 ,attorney ,general discretionary denial as prohibitor ,section #ibb7;g7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#h71 by striking or at the end2 7#b7 in paragraph 7#i71 by striking the comma at the end and inserting 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 under section #ibb;,a1 #ibb;,b1 #ibc7;d77#c7 or #ibc7;e7 of this title1 4 7e7 ,attorney ,general discretionary denial of ,federal firearms licenses ,section #ibc7;d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking ,any and inserting ,except as provided in paragraph 7#c71 any2 and 7#b7 by adding at the end the following3 7#c7 ,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 or resources for terrorism1 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 title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7#a7 after 7e72 7#b7 by striking revoke any license and inserting the following3 8revoke-- 7,a7 any license 2 7#c7 by striking 4 ,the ,attorney ,general may1 after notice and opportunity for hearing1 revoke the license and inserting the following3 82 7,b7 the license 2 and 7#d7 by striking 4 ,the ,secretary's action and inserting the following3 82 or 7,c7 any license issued under this section if the ,attorney ,general determines that the holder of such 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 terrorism or providing material support or resources for terrorism1 and the ,attorney ,general has a reasonable belief that the applicant may use a firearm in connection with terrorism4 7#b7 ,the ,attorney ,general's action 4 7g7 ,attorney ,general's ability ,to withhold information in firearms license denial and revocation suit 7#a7 ,in general ,section #ibc7;f77#a7 of title #ah1 ,united ,states ,code1 is amended by inserting after the first sentence the following3 ,however1 if the denial or revocation is pursuant to subsection 7d77#c7 or 7e77#a77;,c71 any information upon which the ,attorney ,general relied for this determination may be withheld from the petitioner1 if the ,attorney ,general determines that disclosure of the information would likely compromise national security44 7#b7 ,summaries ,section #ibc7;f77#c7 of title #ah1 ,united ,states ,code1 is amended by inserting after the third 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 upon1 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 title #ah1 ,united ,states ,code1 is amended by inserting after the third sentence the following3 ,if the person is subject to a disability under section #ibb7;g77#aj7 of this title1 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 upon1 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 title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by striking or at the end2 7#b7 in paragraph 7#c71 by striking the comma at the end and inserting 2 or2 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 constitutes an act of terrorism1 or providing material support or resources for terrorism1 4 7j7 ,remedy for erroneous denial of firearm or firearm permit exemption 7#a7 ,in general ,section #ibe;,a of title #ah1 ,united ,states ,code1 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 subsection 7t7 of section #ibb or a firearm permit pursuant to a determination made under section #ibb;,b 2 and 7,c7 by adding at 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 of this title or has made a determination regarding a firearm permit applicant pursuant to section #ibb;,b of this title1 an action challenging the determination may be brought against the ,united ,states4 ,the petition shall be filed not later than #fj days after the petitioner has received actual notice of the ,attorney ,general's determination under section #ibb;,a or #ibb;,b of this title4 ,the court shall sustain the ,attorney ,general's determination upon 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;,b1 as the case may be4 ,to make this showing1 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 security4 ,upon 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 7#b7 ,technical and conforming amendment ,the table of sections for chapter #dd of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #ibe;,a and inserting the following3 #ibe;,a4 ,remedies4 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#ah ,u4,s4,c4 #ibb note7 is amended-- 7#a7 in subsection 7f7-- 7,a7 by inserting 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 ,code1 after is ineligible to receive a firearm2 and 7,b7 by inserting except any information for which the ,attorney ,general has determined that disclosure would likely compromise national security1 after reasons to the individual12 and 7#b7 in subsection 7g7-- 7,a7 the first sentence-- 7i7 by inserting or if the ,attorney ,general has made a determination pursuant to section #ibb;,a or #ibb;,b of title #ah1 ,united ,states ,code1 after or ,state law12 and 7ii7 by inserting 1 except any information for which the ,attorney ,general has determined that disclosure would likely compromise national security before the period at the end2 and 7,b7 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 upon ,attorney ,general discretionary denial ,section #hdb7;d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#i71 by striking the period 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 subsection 7j7 or 7d77#a77;,b7 of section #hdc of this title4 4 7m7 ,attorney ,general discretionary denial as prohibitor ,section #hdb7;i7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#g71 by inserting 2 or at the end2 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 subsection 7j7 or 7d77#a77;,b7 of section #hdc of this title1 4 7n7 ,attorney ,general discretionary denial of ,federal explosives licenses and permits ,section #hdc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 by striking ,upon and inserting ,except as provided in subsection 7j71 upon2 and 7#b7 by adding at the end the following3 7j7 ,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 4 7o7 ,attorney ,general discretionary revocation of ,federal explosives licenses and permits ,section #hdc7;d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7#a7 after 7d72 7#b7 by striking if in the opinion and inserting the following3 8if-- 7,a7 in the opinion 2 and 7#c7 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 4 7p7 ,attorney ,general's ability ,to withhold information in explosives license and permit denial and revocation suits ,section #hdc7;e7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 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 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 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 security44 7q7 ,ability ,to withhold information in communications to employers ,section #hdc7;h77#b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by inserting or in subsection 7j7 of this section 7on grounds of terrorism7 after section #hdb7;i72 and 7#b7 in subparagraph 7,b7-- 7,a7 in the matter preceding clause 7i71 by inserting or in subsection 7j7 of this section1 after section #hdb7;i712 and 7,b7 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 determination4 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 7s7 ,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 and sections #ibb;,a and #ibb;,b 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 and sections #ibb;,a and #ibb;,b 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