,i #aadth ,,congress #b;d ,session ,h4 ,r4 #egje ,,in ,,the ,,house ,,of ,,representatives ,july #h1 #bjaf,mr4 ,vela introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to authorize the ,attorney ,general to deny the transfer of firearms and explosives and ,federal firearms and explosives licenses and permits to known or suspected terrorists4 #a4 ,discretionary authority to deny transfers of firearms1 explosives1 and firearms and explosives licenses and permits to terrorists 7a7 ,authority 7#a7 ,in general ,on and after the date of enactment of this ,act1 in accordance with the procedures under this section1 and without regard to section #hdb1 #hdc1 section #ibb 7g7 or 7n71 or section #ibc of title #ah1 ,united ,states ,code1 the ,attorney ,general may deny the transfer of a firearm1 not later than #c business days after a licensee under chapter #dd of title #ah1 ,united ,states ,code1 contacts the national instant criminal background check system established under section #ajc of ,public ,law #ajc-aei 7#ah ,u4,s4,c4 #ibb note71 deny the transfer of an explosive1 or deny the issuance of a ,federal firearms or explosives license or permit1 if either of the following are met3 7,a7 ,no fly list ,the ,attorney ,general determines that the transferee or applicant-- 7i7 based on the totality of the circumstances1 represents a threat to public safety based on a reasonable suspicion that the transferee or applicant is engaged1 or has been engaged1 in conduct constituting1 in preparation of1 in aid of1 or related to terrorism1 or providing material support or resources therefor2 and 7ii7 based on credible information1 poses-- 7,i7 a threat of committing an act of international terrorism or domestic terrorism with respect to an aircraft 7including a threat of piracy1 or a threat to airline1 passenger1 or civil aviation security72 7,,ii7 a threat of committing an act of domestic terrorism with respect to the homeland2 7,,iii7 a threat of committing an act of international terrorism against any ,united ,states ,government facility abroad and associated or supporting personnel1 including ,united ,states embassies1 consulates and missions1 military installations1 ,united ,states ships1 ,united ,states aircraft1 or other auxiliary craft owned or leased by the ,united ,states ,government2 or 7,,iv7 a threat of engaging in or conducting a violent act of terrorism and is operationally capable of doing so4 7,b7 ,selectee list ,the ,attorney ,general determines that the transferee or applicant-- 7i7 based on the totality of the circumstances1 represents a threat to public safety based on a reasonable suspicion that the transferee or applicant is engaged1 or has been engaged1 in conduct constituting1 in preparation of1 in aid of1 or related to terrorism1 or providing material support or resources therefor2 and 7ii7 based on credible information1 is-- 7,i7 a member of a terrorist organization 7including a foreign terrorist organization designated pursuant to a statute or executive order72 and 7,,ii7 associated with terrorist activity1 unless information exists that demonstrates that the application of secondary screening to such individual is not necessary4 7#b7 ,,nics ,solely for purposes of sections #ibb7t7 7#a71 7#b71 7#e71 and 7#f7 of title #ah1 ,united ,states ,code1 and section #ajc7;g7 of ,public ,law #ajc-aei 7#ah ,u4,s4,c4 #ibb note71 a denial by the ,attorney ,general under paragraph 7#a7 shall be treated as equivalent to a determination that receipt of a firearm would violate subsection 7g7 or 7n7 of section #ibb of title #ah1 ,united ,states ,code4 ,during the #c-;business-day period beginning when a licensee under chapter #dd of title #ah1 ,united ,states ,code1 contacts the national instant criminal background check system established under section #ajc of ,public ,law #ajc-aei 7#ah ,u4,s4,c4 #ibb note71 and notwithstanding section #ibb7t77#b7 of title #ah1 ,united ,states ,code1 the ,attorney ,general may delay assigning a unique identification number to a transfer of a firearm in order to determine whether the transferee or applicant meets the requirements under paragraph 7#a74 7b7 ,notification of prospective firearms and explosives transfers to known or suspected terrorist ,the ,attorney ,general and ,federal1 ,state1 and local law enforcement shall be immediately notified1 as appropriate1 of any request to transfer a firearm or explosive to a person who is1 or with in the previous #e years was1 identified in the ,terrorist ,screening ,database maintained by the ,terrorist ,screening ,center of the ,federal ,bureau of ,investigation4 7c7 ,review of denial 7#a7 ,remedial procedures and petition for review 7,a7 ,in general ,an individual who is a citizen or lawful permanent resident of the ,united ,states who seeks to challenge a denial by the ,attorney ,general under subsection 7a77#a7 may-- 7i7 pursue the remedial procedures under section #ajc7;g7 of ,public ,law #ajc-aei 7#ah ,u4,s4,c4 #ibb note72 or 7ii7 file a petition for review and any claims related to that petition in the ,united ,states ,district ,court for the ,district of ,columbia or in the district court of the ,united ,states for the judicial district in which the individual resides4 7,b7 ,exhaustion not required ,a petitioner is not required to exhaust the remedial procedures authorized under clause 7i7 of subparagraph 7,a7 before filing a petition for review under clause 7ii7 of subparagraph 7,a74 7,c7 ,procedures ,notwithstanding any other provision of law1 the ,attorney ,general may promulgate regulations governing proceedings under subparagraph 7,a77i7 to prevent the unauthorized disclosure of information that reasonably could be expected to result in damage to national security or ongoing law enforcement operations4 7#b7 ,deadlines for filing 7,a7 ,in general ,except as provided in subparagraph 7,b71 a petition for review under paragraph 7#a77;,a77ii71 and any claims related to that petition1 shall be filed not later than the earlier of-- 7i7 #a year after the petitioner receives actual notice of the reason for the denial by the ,attorney ,general2 or 7ii7 #e years after the petitioner receives notice of the denial by the ,attorney ,general4 7,b7 ,exception ,the district court in which a petition for review is to be filed under paragraph 7#a77;,a77ii7 may allow the petition to be filed after the deadline specified in subparagraph 7,a7 only if there is good cause for not filing by that deadline4 7#c7 ,authority of district courts ,the district court in which a petition for review is filed under paragraph 7#a77;,a77ii7-- 7,a7 shall have-- 7i7 jurisdiction to decide all relevant questions of law and fact2 and 7ii7 exclusive jurisdiction to affirm1 amend1 modify1 or set aside any part of the denial of the ,attorney ,general that is the subject of the petition for review2 and 7,b7 may order the ,attorney ,general to conduct further proceedings4 7#d7 ,exclusive jurisdiction 7,a7 ,in general ,no district court of the ,united ,states or court of appeals of the ,united ,states shall have jurisdiction to consider the lawfulness or constitutionality of this section except pursuant to a petition for review under subsection 7c77#a77;,a77ii74 7,b7 ,noncitizens ,no district court of the ,united ,states or court of appeals of the ,united ,states shall have jurisdiction to hear any claim by an individual who is not a citizen or lawful permanent resident of the ,united ,states related to or arising out a denial by the ,attorney ,general under subsection 7a77#a74 7d7 ,requirement for an administrative record and procedures for judicial review ,notwithstanding any other provision of law1 the following procedures shall apply with respect to a petition for review filed in a district court under subsection 7c77#a77;,a77ii73 7#a7 ,the ,united ,states shall file with the court an administrative record1 which shall consist of-- 7,a7 the information the ,attorney ,general relied upon in denying the transfer or application2 7,b7 a summary of known material mitigation information2 7,c7 any information the petitioner has submitted pursuant to any administrative process2 and 7,d7 any information determined relevant by the ,united ,states4 7#b7 7,a7 ,the petitioner may file with the court any information determined relevant by the petitioner4 7,b7 ,with leave of the court1 the ,united ,states may supplement the administrative record with additional information4 7#c7 ,all information in the administrative record that is not classified and is not otherwise privileged or subject to statutory protections shall be provided to the petitioner4 7#d7 ,no discovery shall be permitted1 unless the court shall determine extraordinary circumstances requires discovery in the interests of justice4 7#e7 ,sensitive security information contained in the administrative record may only be provided to petitioner's counsel1 pursuant to a protective order4 7#f7 7,a7 ,the administrative record may include classified information1 which the ,united ,states shall submit to the court in camera and ex parte4 ,the court shall review all classified information in camera and ex parte unless it enters an order under subparagraph 7,c74 7,b7 ,the ,united ,states shall notify the petitioner if the administrative record filed under paragraph 7#a7 contains classified information4 7,c7 ,the court is authorized to determine the extent to which cleared counsel shall be permitted to access classified information necessary to protect the due process rights of a petitioner and enter an appropriate order4 7,d7 7i7 ,if the court enters an order under subparagraph 7,c7 providing for the disclosure of information and the ,united ,states files with the court an affidavit of the ,attorney ,general objecting to the disclosure1 the court shall order that the information not be disclosed4 7ii7 ,if information is not disclosed under clause 7i71 the court shall enter such an order as the interests of justice require1 which may include an order quashing the denial by the ,attorney ,general under subsection 7a77#a74 7iii7 ,an order under subparagraph 7,c7 or clause 7ii7 of this subparagraph shall be subject to review by a court of appeals pursuant to section #abib of title #bh1 ,united ,states ,code4 7iv7 ,an order under clause 7ii7 shall be administratively stayed for #g days4 7v7 ,the functions and duties of the ,attorney ,general under this subparagraph-- 7,i7 may be exercised by the ,deputy ,attorney ,general1 the ,associate ,attorney ,general1 or by an ,assistant ,attorney ,general designated by the ,attorney ,general for such purpose2 and 7,,ii7 may not be delegated to any other official4 7,e7 ,any information disclosed under subparagraph 7,c7 shall be subject to an appropriate protective order4 7#g7 7,a7 ,the administrative record may include information obtained or derived from an order issued under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 without regard to subsections 7c71 7e71 7f71 7g71 and 7h7 of section #ajf 7#ej ,u4,s4,c4 #ahjf71 subsections 7d71 7f71 7g71 7h71 and 7i7 of section #cje 7#ej ,u4,s4,c4 #ahbe71 subsections 7c71 7e71 7f71 7g71 and 7h7 of section #dje 7#ej ,u4,s4,c4 #ahde71 and section #gjf 7#ej ,u4,s4,c4 #ahha;e7 of that ,act4 ,if the ,united ,states intends to use such information against an aggrieved person 7as defined in section #aja1 #cja1 or #dja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja1 #ahba1 and #ahda771 it shall provide in camera and ex parte notice to the court concerning such use4 7,b7 ,if the court receives a notice under subparagraph 7,a71 the court shall review1 in camera and ex parte1 the order described in that subparagraph and any other materials that may be submitted by the ,united ,states4 7,c7 ,if the court determines that the order described in subparagraph 7,a7 was not lawfully authorized1 or the information was not obtained in conformity with the order1 it shall exclude such information from consideration as part of the administrative record4 7#h7 ,any classified information1 sensitive security information1 law enforcement sensitive information1 or information that is otherwise privileged or subject to statutory protections1 that is part of the administrative record1 or cited by the court or the parties1 shall be treated by the court and the parties consistent with the provisions of this subsection1 and shall be sealed and preserved in the records of the court to be made available in the event of further proceedings4 ,in no event shall such information be released as part of the public record4 7#i7 ,the court shall award reasonable attorney fees to a petitioner who is a prevailing party in an action under this section4 7#aj7 ,after the expiration of the time to seek further review1 or the conclusion of further proceedings1 the court shall return the administrative record1 including any and all copies1 to the ,united ,states4 ,all privileged information or other information in the possession of counsel for the petitioner that was provided by the ,united ,states under a protective order shall be returned to the ,united ,states1 or the counsel for the petitioner shall certify its destruction1 including any and all copies4 7e7 ,scope of review ,the district court shall quash any denial by the ,attorney ,general under subsection 7a77#a71 unless the ,united ,states demonstrates1 based on the administrative record1 on a de novo review of fact and law-- 7#a7 that the transferee or applicant-- 7,a7 based on the totality of the circumstances1 represents a threat to public safety based on a reasonable suspicion that the transferee or applicant is engaged1 or has been engaged1 in conduct constituting1 in preparation of1 in aid of1 or related to terrorism1 or providing material support or resources therefor2 and 7,b7 based on credible information1 poses-- 7i7 a threat of committing an act of international terrorism or domestic terrorism with respect to an aircraft 7including a threat of piracy1 or a threat to airline1 passenger1 or civil aviation security72 7ii7 a threat of committing an act of domestic terrorism with respect to the homeland2 7iii7 a threat of committing an act of international terrorism against any ,united ,states ,government facility abroad and associated or supporting personnel1 including ,united ,states embassies1 consulates and missions1 military installations1 ,united ,states ships1 ,united ,states aircraft1 or other auxiliary craft owned or leased by the ,united ,states ,government2 or 7iv7 a threat of engaging in or conducting a violent act of terrorism and is operationally capable of doing so2 or 7#b7 that the transferee or applicant-- 7,a7 based on the totality of the circumstances1 represents a threat to public safety based on a reasonable suspicion that the transferee or applicant is engaged1 or has been engaged1 in conduct constituting1 in preparation of1 in aid of1 or related to terrorism1 or providing material support or resources therefor2 and 7,b7 based on credible information-- 7i7 is a member of a terrorist organization 7including a foreign terrorist organization designated pursuant to a statute or executive order2 and 7ii7 is associated with terrorist activity1 unless information exists that demonstrates that the application of secondary screening to such individual is not necessary4 7f7 ,effect of quashing ,if the district court quashes a denial by the ,attorney ,general under subsection 7e71 notwithstanding any other provision of law1 the ,attorney ,general shall-- 7#a7 for a denial of the transfer of a firearm1 cause a unique identifier to issue pursuant to section #ibb7t77#b7 of title #ah1 ,united ,states ,code1 not later than #c days after the issuance of the order under subsection 7e72 and 7#b7 for a denial of a license or permit1 expeditiously issue a license or permit under chapter #dj or #dd of title #ah1 ,united ,states ,code1 as applicable4 7g7 ,review of decision of district court ,a final decision of a district court under this section shall be subject to review by a court of appeals in accordance with section #abia of title #bh1 ,united ,states ,code4 7h7 ,exclusive remedies ,the remedial procedures and a petition for review authorized under subsection 7c77#a77;,a7 shall be the sole and exclusive remedies for a claim by an individual who challenges a denial under subsection 7a77#a74 7i7 ,expedited consideration 7#a7 ,courts ,not later than #ad days after the date on which a petition is filed challenging a denial under subsection 7a77#a71 a district court shall determine whether to quash the denial1 unless the petitioner consents to a longer period4 7#b7 ,of quashing ,if the district court quashes a denial by the ,attorney ,general under subsection 7e71 a petitioner may submit the order quashing the denial to the ,department of ,homeland ,security for expedited review1 as appropriate4 7j7 ,transparency ,not later than #fj days after the date of enactment of this ,act1 and quarterly thereafter-- 7#a7 the ,attorney ,general shall submit to the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate and the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives a report providing-- 7,a7 the number of individuals denied a firearm or explosives transfer or a license or permit under subsection 7a77#a7 during the reporting period2 7,b7 the number of petitions for review filed under subsection 7c77#a77;,a77ii72 and 7,c7 the number of instances in which a district court quashed a denial by the ,attorney ,general under subsection 7e72 and 7#b7 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,select ,committee on ,intelligence1 and the ,committee on the ,judiciary of the ,senate and the ,committee on ,homeland ,security1 the ,permanent ,select ,committee on ,intelligence1 and the ,committee on the ,judiciary of the ,house of ,representatives a report providing-- 7,a7 the number of individuals-- 7i7 with respect to whom a district court quashed a denial by the ,attorney ,general under subsection 7e72 and 7ii7 who submitted the order quashing the denial to the ,department of ,homeland ,security under subsection 7i77#b72 and 7,b7 a description of the actions taken and final determinations made by the ,department of ,homeland ,security with regard to submissions described in subparagraph 7,a77ii7 respecting the status of individuals on the ,no ,fly ,list or ,selectee ,list1 including the length of time taken to reach a final determination4 7k7 ,definitions ,in this section3 7#a7 ,classified information ,the term classified information has the meaning given that term in section #a7;a7 of the ,classified ,information ,procedures ,act 7#ah ,u4,s4,c4 ,app474 7#b7 ,domestic terrorism ,the term domestic terrorism has the meaning given that term in section #bcca7e7 of title #ah1 ,united ,states ,code4 7#c7 ,international terrorism ,the term international terrorism has the meaning given that term in section #bcca7a7 of title #ah1 ,united ,states ,code4 7#d7 ,military installation ,the term military installation has the meaning given that term in section #bhja7;c77#d7 of title #aj1 ,united ,states ,code4 7#e7 ,national security ,the term national security has the meaning given that term in section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi74 7#f7 ,sensitive security information ,the term sensitive security information has the meaning given that term by sections #aad7r7 and #djaai of title #di1 ,united ,states ,code1 and the regulations and orders issued pursuant to those sections4 7#g7 ,terrorist activity ,the term terrorist activity has the meaning given that term in section #bab7;a77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b774 7l7 ,rule of construction ,nothing in this section shall be construed to-- 7#a7 except as set forth in this section1 authorize the ,attorney ,general to modify the length of period before a firearm may be transferred under section #ibb7t7 of title #ah1 ,united ,states ,code2 or 7#b7 apply to any claim other than a claim challenging the denial of a firearm1 explosive1 or issuance of a firearm or explosives permit or license by the ,attorney ,general4