,,ii #aadth ,,congress #b;d ,session ,s4 #cjfi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #af1 #bjaf ,mr4 ,toomey introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to prevent terrorists from obtaining firearms or explosives4 #a4 ,fighting terrorism and upholding due process 7a7 ,short title ,this section may be cited as the ,fighting ,terrorism and ,upholding ,due ,process ,act4 7b7 ,preventing the transfer of a firearm and the issuance or maintenance of a firearms or explosives license or permit to dangerous terrorists ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by inserting after section #ibb the following3 #ibb;,a4 ,attorney ,general's discretion to prohibit transfer of a firearm and deny or revoke a license or permit 7a7 ,definitions ,in this section-- 7#a7 the term ,foreign ,intelligence ,surveillance ,court has the meaning given the term in section #gja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha72 7#b7 the term material support or resources shall include all actions prohibited by section #bcci;,a2 7#c7 the term terrorism shall include international terrorism and domestic terrorism1 as defined in section #bcca2 and 7#d7 the term ,terrorism ,firearm ,screening ,list means the list developed by the ,attorney ,general under subsection 7b77#d74 7b7 ,development of terrorism firearm screening list 7#a7 ,in general ,the ,attorney ,general may develop a list of persons for whom the ,attorney ,general determines1 for each person1 that-- 7,a7 there is probable cause to believe the person is or has been engaged in conduct constituting1 in preparation for1 in aid of1 or in support of terrorism1 or providing material support or resources for terrorism2 and 7,b7 there is reason to believe the person may use a firearm in connection with terrorism4 7#b7 ,requirement ,the ,attorney ,general shall submit to the ,foreign ,intelligence ,surveillance ,court-- 7,a7 the list of persons developed under paragraph 7#a72 and 7,b7 the information and documents1 in unredacted form1 supporting the ,attorney ,general's determinations as to which persons are included on the list4 7#c7 ,determination ,using the list1 information1 and documents submitted under paragraph 7#b71 the ,foreign ,intelligence ,surveillance ,court shall determine1 for each person on the list1 whether-- 7,a7 there is probable cause to believe the person is or has been engaged in conduct constituting1 in preparation for1 in aid of1 or in support of terrorism1 or providing material support or resources for terrorism2 and 7,b7 there is reason to believe the person may use a firearm in connection with terrorism4 7#d7 ,consolidated list ,the ,attorney ,general shall establish a list of persons whom the ,foreign ,intelligence ,surveillance ,court determines meet the criteria described in paragraph 7#c71 to be known as the ,terrorism ,firearm ,screening ,list4 7c7 ,periodic updating and review of terrorism firearm screening list 7#a7 ,updates to the list ,the ,attorney ,general may1 after the development of the ,terrorism ,firearm ,screening ,list1 add additional persons to the ,terrorism ,firearm ,screening ,list by following the procedures set forth in subsection 7b7 for each person to be added4 7#b7 ,periodic judicial review 7,a7 ,in general ,not later than #a year after the date of enactment of this section1 and once every year thereafter1 the ,attorney ,general shall submit to the ,foreign ,intelligence ,surveillance ,court the ,terrorism ,firearm ,screening ,list4 7,b7 ,review ,the ,foreign ,intelligence ,surveillance ,court shall review the ,terrorism ,firearm ,screening ,list submitted under subparagraph 7,a7 to determine whether any person on the list should be removed by reason of no longer satisfying the requirements described in subsection 7b77#c74 7,c7 ,production of information ,upon request of the ,foreign ,intelligence ,surveillance ,court1 the ,attorney ,general shall provide to the ,court any information the ,court determines necessary to conduct the review required under subparagraph 7,b74 7,d7 ,removal of names ,in conducting a review under subparagraph 7,b71 if the ,foreign ,intelligence ,surveillance ,court determines that a person should be removed from the ,terrorism ,firearm ,screening ,list because the person no longer satisfies the requirements described in subsection 7b77#c71 the ,attorney ,general shall remove such person from the ,terrorism ,firearm ,screening ,list4 7d7 ,authority ,to prohibit firearm transfers and ,to deny or revoke licenses and permits ,in accordance with subsection 7e71 the ,attorney ,general may prohibit a person who is listed on the ,terrorism ,firearm ,screening ,list in accordance with subsections 7b7 and 7c71 or for whom there is probable cause to believe the person is or has been engaged in conduct constituting1 in preparation for1 in aid of1 or in support of terrorism1 or providing material support or resources for terrorism1 and there is reason to believe the person may use a firearm in connection with terrorism1 from-- 7#a7 participating in the transfer of a firearm under section #ibb2 7#b7 receiving or maintaining a firearms license under section #ibc2 and 7#c7 receiving or maintaining a license or permit for explosive materials under section #hdc4 7e7 ,procedure for prohibiting firearm transfer or denying or revoking a license or permit 7#a7 ,procedure with regard to persons included on the terrorism firearm screening list ,if the ,attorney ,general prohibits the transfer of a firearm or denies or revokes a license or permit for firearms or explosive materials under subsection 7d7 for a person who is listed on the ,terrorism ,firearm ,screening ,list-- 7,a7 the ,attorney ,general shall-- 7i7 not later than #g days after the prohibition1 denial1 or revocation1 file a petition to sustain the prohibition1 denial1 or revocation in the district court of the ,united ,states for the district in which-- 7,i7 the firearm transfer was attempted2 7,,ii7 the licensee or permit holder is located2 or 7,,iii7 the applicant for a license or permit is located2 and 7ii7 submit to the district court of the ,united ,states in which the petition described in clause 7i7 is filed1 the evidence the ,attorney ,general relied upon in determining that the person should be added to ,terrorism ,firearm ,screening ,list and any exculpatory evidence that the ,attorney ,general possesses or has access to2 7,b7 the person to whom the prohibition1 denial1 or revocation applies1 shall be entitled to-- 7i7 a hearing at which the person may be represented by counsel and a final judgment by the district court of the ,united ,states not later than #fj days after the date on which the attempted transfer of a firearm occurred or the ,attorney ,general denied or revoked a license or permit for firearms or explosive materials2 and 7ii7 in the case of an appeal of the decision of the district court of the ,united ,states1 a decision by the reviewing court not later than #ij days after the date on which the district court of the ,united ,states issues the decision2 and 7,c7 the district court of the ,united ,states in which the petition described in clause 7i7 is filed-- 7i7 shall allow the ,attorney ,general1 for information the ,united ,states has determined would likely compromise national security1 to submit summaries and redacted versions of documents2 7ii7 shall review any summaries and redacted versions of documents to ensure that the person to whom the prohibition1 denial1 or revocation applies is receiving fair and accurate representations of the underlying information and documents2 7iii7 shall ensure that any summaries and redacted versions of documents accepted into evidence are fair and accurate representations of the underlying information and documents2 7iv7 shall provide copies of any summaries and redacted versions of documents to the person to whom the prohibition1 denial1 or revocation applies2 7v7 shall not consider the full1 undisclosed information or documents in deciding whether to sustain the ,attorney ,general's decision to include the person on the ,terrorism ,firearm ,screening ,list2 and 7vi7 shall issue an order that the ,attorney ,general's action prohibiting the transfer of a firearm or denying or revoking a license or permit for a firearm or explosive material was not authorized unless the ,attorney ,general demonstrates-- 7,i7 there is probable cause to believe the person is or has been engaged in conduct constituting1 in preparation for1 in aid of1 or in support of terrorism1 or providing material support or resources for terrorism2 and 7,,ii7 there is reason to believe the person may use a firearm in connection with terrorism4 7,d7 ,relief ,if a person who was subject to a prohibition1 denial1 or revocation described in this paragraph prevails in a proceeding under this paragraph1 including on appeal1 the person shall be entitled to all costs1 including reasonable attorney's fees1 and the ,attorney ,general shall immediately remove the individual from the ,terrorism ,firearm ,screening ,list4 7#b7 ,procedure with regard to persons not on the terrorism firearm screening list ,if the ,attorney ,general prohibits the transfer of a firearm or revocation of a license or permit for firearms or explosive materials under subsection 7d7 for a person who is not listed on the ,terrorism ,firearm ,screening ,list1 the following procedures shall apply3 7,a7 ,temporary ex parte order prohibiting transfer or sustaining revocation 7i7 ,in general ,the ,attorney ,general-- 7,i7 may deny the firearm transfer or revoke the license or permit for the period described in section #ibb7t77#a77;,b77ii72 7,,ii7 shall file an emergency petition to temporarily prohibit the attempted transfer or sustain the revocation of a license or permit for #g additional days1 with such petition being filed with the ,foreign ,intelligence ,surveillance ,court or a ,federal district court 7provided that if the ,attorney ,general files with a ,federal district court1 the ,attorney ,general can and will comply with all the requirements of this paragraph1 including the requirement to submit to the court the information and documents1 in unredacted form1 that support the ,attorney ,general's petition72 and 7,,iii7 as part of the petition described in subclause 7,,ii71 shall submit to the court the information and documents1 in unredacted form1 that support the ,attorney ,general's petition4 7ii7 ,court requirements ,the court shall deny an emergency petition filed by the ,attorney ,general under clause 7i7 unless the ,attorney ,general demonstrates-- 7,i7 there is probable cause to believe the person is or has been engaged in conduct constituting1 in preparation for1 in aid of1 or in support of terrorism1 or providing material support or resources for terrorism2 and 7,,ii7 there is reason to believe such person may use a firearm in connection with terrorism4 7iii7 ,transfer allowed ,if an order is not issued under this paragraph within the period described in section #ibb7t77#a77;,b77ii71 the firearm transfer may proceed or the revocation of the license or permit shall be canceled4 7,b7 ,adversarial court proceeding to obtain a final order prohibiting transfer of a firearm or revoking a license or permit 7i7 ,in general ,if the ,attorney ,general wishes to extend an order that is issued under subparagraph 7,a77ii77,,ii7-- 7,i7 the ,attorney ,general shall-- 7aa7 within #g days after the order was granted under subparagraph 7,a77ii77,,ii71 file a petition for a final order prohibiting the transfer of a firearm or sustaining the revocation of a license or permit1 with such petition being filed in the district court of the ,united ,states in which the firearm transfer was attempted or the licensee or permit holder is located2 and 7bb7 submit to the district court of the ,united ,states in which the petition described in item 7aa7 is filed1 the evidence supporting the ,attorney ,general's petition and any exculpatory evidence that the ,attorney ,general possesses or has access to2 7,,ii7 the person whose attempted firearm transfer was blocked shall be entitled to-- 7aa7 a hearing at which the person may be represented by counsel and a final judgment by the district court of the ,united ,states not later than #fj days after the date on which the attempted transfer of a firearm occurred or ,attorney ,general revoked a license or permit for firearms or explosive materials2 and 7bb7 in the case of an appeal of the decision of the district court of the ,united ,states1 a decision by the reviewing court not later than #ij days after the date on which the district court of the ,united ,states issues the decision2 and 7,,iii7 the district court of the ,united ,states in which the petition described in subclause 7,i7 was filed-- 7aa7 shall allow the ,attorney ,general1 for information the ,united ,states has determined would likely compromise national security1 to submit summaries and redacted versions of documents2 7bb7 shall review any summaries and redacted versions of documents to ensure that the person to whom the prohibition or revocation applies is receiving fair and accurate representations of the underlying information and documents2 7cc7 shall ensure that any summaries and redacted versions of documents accepted into evidence are fair and accurate representations of the underlying information and documents2 7dd7 shall provide copies of any summaries and redacted versions of documents to the person to whom the prohibition or revocation applies2 7ee7 shall not consider the full1 undisclosed information or documents in deciding whether to sustain the ,attorney ,general's prohibition or revocation2 and 7ff7 shall issue an order rejecting the ,attorney ,general's petition unless the ,attorney ,general demonstrates there is probable cause to believe the person is or has been engaged in conduct constituting1 in preparation for1 in aid of1 or in support of terrorism1 or providing material support or resources for terrorism1 and there is reason to believe such person may use a firearm in connection with terrorism4 7ii7 ,effect ,the temporary1 ex parte order issued under paragraph 7,a7 shall remain in effect until the proceeding under this paragraph is resolved4 7iii7 ,relief ,if a person who was prohibited from participating in the transfer of a firearm or had a license or permit for firearms or explosive materials revoked prevails in a proceeding under clause 7i71 including on appeal1 the person shall be entitled to all costs1 including reasonable attorney's fees1 and the ,attorney ,general shall immediately remove the individual from the ,terrorism ,firearm ,screening ,list4 7iv7 ,addition to terrorism firearm screening list ,if the ,attorney ,general prevails in a proceeding under clause 7i71 including on appeal1 the ,attorney ,general may add the person to the ,terrorism ,firearm ,screening ,list4 4 7c7 ,transparency ,not later than #fj days after the date of the enactment of this ,act1 and quarterly thereafter1 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 the following information3 7#a7 ,the number of persons added to the ,terrorism ,firearm ,screening ,list established under section #ibb;,a of title #ah1 ,united ,states ,code1 as added by this ,act1 during the reporting period4 7#b7 ,the number of persons whose names the ,attorney ,general submitted to the ,foreign ,intelligence ,surveillance ,court pursuant to section #ibb;,a7b77#b7 of title #ah1 ,united ,states ,code1 as added by this ,act1 during the reporting period4 7#c7 ,the number of persons described in paragraph 7#b7 whom the ,foreign ,intelligence ,surveillance ,court determined1 pursuant to section #ibb;,a7b77#b7 of title #ah1 ,united ,states ,code1 as added by this ,act1 that there was not-- 7,a7 probable cause to believe the person is or has been engaged in conduct constituting1 in preparation for1 in aid of1 or in support of terrorism1 or providing material support or resources for terrorism2 or 7,b7 reason to believe the person may use a firearm in connection with terrorism4 7d7 ,technical and conforming amendments 7#a7 ,table of sections ,the table of sections for chapter #dd of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ibb the following3 #ibb;,a4 ,attorney ,general's discretion to prohibit transfer of a firearm and deny or revoke a license or permit4 4 7#b7 ,technical amendments ,section #ibb7t7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a77;,b71 by striking clause 7ii7 and inserting the following3 7ii7 #c business days 7meaning a day on which ,state offices are open7 have elapsed since the licensee contacted the system2 and 7iii7 the system has not notified the licensee that-- 7,i7 the receipt of a firearm by such other person would violate subsection 7g7 or 7n7 of this section or ,state law2 or 7,,ii7 that the transfer has been prohibited pursuant to section #ibb;,a of this title2 2 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by inserting 1 and the transfer has not been prohibited pursuant to section #ibb;,a of this title after or ,state law2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a77i7-- 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 and 7ii7 in subparagraph 7,c7-- 7,i7 in clause 7ii71 by striking and at the end2 7,,ii7 in clause 7iii71 by striking the period and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7iv7 the ,state issuing the permit agrees to deny the permit application if the applicant is included on the ,terrorism ,firearm ,screening ,list established by section #ibb;,a of this title or to revoke the permit if a court order is entered pursuant to section #ibb;,a7e7 of this title4 2 7,d7 in paragraph 7#d71 by inserting 1 or that the person is prohibited from participating in a firearm transfer pursuant to section #ibb;,a of this title after or ,state law2 and 7,e7 in paragraph 7#e71 by inserting 1 or that the person is prohibited from participating in a firearm transfer pursuant to section #ibb;,a of this title after or ,state law4 7#c7 ,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 is prohibited from participating in a firearm transfer pursuant to section #ibb;,a of this title4 4 7#d7 ,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 an order entered by a court pursuant to section #ibb;,a7e7 of this title1 4 7#e7 ,attorney ,general discretionary denial of ,federal firearms licenses ,section #ibc7;d7 of title #ah1 ,united ,states ,code1 is amended in paragraph 7#a7-- 7,a7 in subparagraph 7,f71 by striking and at the end of clause 7iii72 7,b7 in subparagraph 7,g71 by striking device74 and inserting device72 and2 and 7,c7 by adding at the end the following3 7,h7 the applicant is not on the ,terrorism ,firearm ,screening ,list established by section #ibb;,a of this title or subject to an order entered by a court pursuant to section #ibb;,a7e7 of this title4 4 7#f7 ,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 inserting3 revoke-- 7,a7 any license2 2 7,c7 by striking 4 ,the ,attorney ,general may1 after notice and opportunity for hearing1 revoke the license and inserting the following3 7,b7 the license2 and 2 and 7,d7 by striking 4 ,the ,secretary's action and inserting 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 on the ,terrorism ,firearm ,screening ,list established by section #ibb;,a of this title4 7#b7 ,the ,attorney ,general's action 4 7#g7 ,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 7f71 by striking date of the request and inserting date of the request1 provided that if the individual is ineligible by virtue of being included on the ,terrorism ,firearm ,screening ,list established under section #ibb;,a of title #ah1 ,united ,states ,code or being subject to a court order under section #ibb;,a7e7 of title #ah1 ,united ,states ,code1 the system shall state only that the individual is barred by section #ibb;,a of title #ah1 ,united ,states ,code42 and 7,b7 in subsection 7g71 in the first sentence1 by inserting or that the individual is prohibited from engaging in a firearm transfer pursuant to section #ibb;,a of title #ah1 ,united ,states ,code1 after or ,state law14 7#h7 ,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 who has received actual notice of an order entered by a court pursuant to section #ibb;,a7e7 of this title4 4 7#i7 ,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 an order entered by a court pursuant to section #ibb;,a7e7 of this title1 4 7#aj7 ,attorney ,general discretionary denial of ,federal explosives licenses and permits ,section #hdc7;b7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#f7 by striking and2 7,b7 in paragraph 7#g7 by striking valid4 and inserting valid2 and2 and 7,c7 by adding at the end the following3 7#h7 the applicant is not disqualified pursuant to section #ibb;,a of this title4 4 7#aa7 ,attorney ,general discretionary revocation of ,federal explosives licenses and permits ,section #hdc7;d7 of title #ah1 ,united ,states ,code1 is amended by inserting after is included on the ,terrorism ,firearm ,screening ,list established by section #ibb;,a of this title or subject to an order entered by a district court of the ,united ,states pursuant to section #ibb;,a7e7 of this title1 after this chapter14 7#ab7 ,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 in paragraph 7#a71 by inserting after the first sentence the following3 ,however1 if the denial or revocation is based upon the person being disqualified pursuant to section #ibb;,a of this title any information which the ,attorney ,general relied on for adding the person to the ,terrorism ,firearm ,screening ,list established by section #ibb;,a of this title or obtaining a court order under section #ibb;,a7e7 of this title1 this determination may be withheld from the petitioner if the ,attorney ,general determines that disclosure of the information would likely compromise national security44 7#ac7 ,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-- 7i7 in the matter preceding clause 7i71 by inserting or in subsection 7j7 of this section1 after section #hdb7;i712 and 7ii7 in clause 7ii71 by inserting 1 except that any information that the ,attorney ,general relied on for adding the person to the ,terrorism ,firearm ,screening ,list established by section #ibb;,a of this title or obtaining a court order under section #ibb;,a7e7 of this title may be withheld if the ,attorney ,general concludes that disclosure of the information would likely compromise national security after determination4