[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2159 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2159

 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 terrorist.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2009

    Mr. King of New York (for himself, Mr. Rangel, Mr. Castle, Mrs. 
McCarthy of New York, Mr. Kirk, Mr. Moran of Virginia, and Mr. Smith of 
 New Jersey) introduced the following bill; 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 terrorist.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Denying Firearms and Explosives to 
Dangerous Terrorists Act of 2009''.

SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, 
              DELIVERY, OR TRANSFER OF A FIREARM OR THE ISSUANCE OF A 
              FIREARMS OR EXPLOSIVES LICENSE OR PERMIT TO DANGEROUS 
              TERRORISTS.

    (a) Standard for Exercising Attorney General Discretion Regarding 
Transferring Firearms or Issuing Firearms Permits to Dangerous 
Terrorists.--Chapter 44 of title 18, United States Code, is amended--
            (1) by inserting the following new section after section 
        922:
``Sec. 922A. Attorney General's discretion to deny transfer of a 
              firearm
    ``The Attorney General may deny the transfer of a firearm pursuant 
to section 922(t)(1)(B)(ii) if the Attorney General determines that the 
transferee is known (or appropriately suspected) to be or have been 
engaged in conduct constituting, in preparation for, in aid of, or 
related to terrorism, or providing material support thereof, and the 
Attorney General has a reasonable belief that the prospective 
transferee may use a firearm in connection with terrorism.'';
            (2) by inserting the following new section after section 
        922A:
``Sec. 922B. Attorney General's discretion regarding applicants for 
              firearm permits which would qualify for the exemption 
              provided under section 922(t)(3)
    ``The Attorney General may determine that an applicant for a 
firearm permit which would qualify for an exemption under section 
922(t) is known (or appropriately suspected) to be or have been engaged 
in conduct constituting, in preparation for, in aid of, or related to 
terrorism, or providing material support thereof, and the Attorney 
General has a reasonable belief that the applicant may use a firearm in 
connection with terrorism.''; and
            (3) in section 921(a), by adding at the end the following:
    ``(36) The term `terrorism' means `international terrorism' as 
defined in section 2331(1), and `domestic terrorism' as defined in 
section 2331(5).
    ``(37) The term `material support' means `material support or 
resources' within the meaning of section 2339A or 2339B.
    ``(38) The term `responsible person' means an individual who has 
the power, directly or indirectly, to direct or cause the direction of 
the management and policies of the applicant or licensee pertaining to 
firearms.''.
    (b) Effect of Attorney General Discretionary Denial Through the 
National Instant Criminal Background Check System (NICS) on Firearms 
Permits.--Section 922(t) of such title is amended--
            (1) in paragraph (1)(B)(ii), by inserting ``or State law, 
        or that the Attorney General has determined to deny the 
        transfer of a firearm pursuant to section 922A'' before the 
        semicolon;
            (2) in paragraph (2), by inserting after ``or State law'' 
        the following: ``or if the Attorney General has not determined 
        to deny the transfer of a firearm pursuant to section 922A'';
            (3) in paragraph (3)(A)(i)--
                    (A) by striking ``and'' at the end of subclause 
                (I); and
                    (B) by adding at the end the following:
            ``(III) was issued after a check of the system established 
        pursuant to paragraph (1);'';
            (4) in paragraph (3)(A)--
                    (A) by adding ``and'' at the end of clause (ii); 
                and
                    (B) by adding after and below the end the 
                following:
                            ``(iii) 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 922B;'';
            (5) in paragraph (4), by inserting after ``or State law,'' 
        the following: ``or if the Attorney General has not determined 
        to deny the transfer of a firearm pursuant to section 922A,''; 
        and
            (6) in paragraph (5), by inserting after ``or State law,'' 
        the following: ``or if the Attorney General has determined to 
        deny the transfer of a firearm pursuant to section 922A,''.
    (c) Unlawful Sale or Disposition of Firearm Based on Attorney 
General Discretionary Denial.--Section 922(d) of such title is 
amended--
            (1) by striking ``or'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        inserting ``; or'';
            (3) by inserting after paragraph (9) the following:
            ``(10) has been the subject of a determination by the 
        Attorney General pursuant to section 922A, 922B, 923(d)(1)(H), 
        or 923(e) of this title.''.
    (d) Attorney General Discretionary Denial as Prohibitor.--Section 
922(g) of such title is amended--
            (1) by striking ``or'' at the end of paragraph (8);
            (2) by striking the comma at the end of paragraph (9) and 
        inserting; ``; or''; and
            (3) by inserting after paragraph (9) the following:
            ``(10) who has received actual notice of the Attorney 
        General's determination made pursuant to section 922A, 922B, 
        923(d)(1)(H), or 923(e) of this title.''.
    (e) Attorney General Discretionary Denial of Federal Firearms 
Licenses.--Section 923(d)(1) of such title is amended--
            (1) by striking ``Any'' and inserting ``Except as provided 
        in subparagraph (H), any'';
            (2) in subparagraph (F)(iii), by striking ``and'' at the 
        end;
            (3) in subparagraph (G), by striking the period and 
        inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(H) The Attorney General may deny a license 
                application if the Attorney General determines that the 
                applicant (including any responsible person) is known 
                (or appropriately suspected) to be or have been engaged 
                in conduct constituting, in preparation for, in aid of, 
                or related to terrorism, or providing material support 
                thereof, and the Attorney General has a reasonable 
                belief that the applicant may use a firearm in 
                connection with terrorism.''.
    (f) Discretionary Revocation of Federal Firearms Licenses.--Section 
923(e) of such title is amended--
            (1) in the 1st sentence--
                    (A) by inserting after ``revoke'' the following: 
                ``--(1)''; and
                    (B) by striking the period and inserting a 
                semicolon;
            (2) in the 2nd sentence--
                    (A) by striking ``The Attorney General may, after 
                notice and opportunity for hearing, revoke'' and insert 
                ``(2)''; and
                    (B) by striking the period and inserting ``; or''; 
                and
            (3) by adding at the end the following:
            ``(3) any license issued under this section if the Attorney 
        General determines that the holder of the license (including 
        any responsible person) is known (or appropriately suspected) 
        to be or have been engaged in conduct constituting, in 
        preparation for, in aid of, or related to terrorism, or 
        providing material support thereof, and the Attorney General 
        has a reasonable belief that the applicant may use a firearm in 
        connection with terrorism.''.
    (g) Attorney General's Ability To Withhold Information in Firearms 
License Denial and Revocation Suit.--Section 923(f) of such title is 
amended--
            (1) in the 1st sentence of paragraph (1), by inserting ``, 
        except that if the denial or revocation is pursuant to 
        subsection (d)(1)(H) or (e)(3), 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 period; and
            (2) in paragraph (3), by inserting after the 3rd sentence 
        the following: ``With respect to any information withheld from 
        the aggrieved party under paragraph (1), the United States may 
        submit, and the court may rely on, summaries or redacted 
        versions of documents containing information the disclosure of 
        which the Attorney General has determined would likely 
        compromise national security.''.
    (h) Attorney General's Ability To Withhold Information in Relief 
From Disabilities Lawsuits.--Section 925(c) of such title is amended by 
inserting after the 3rd sentence the following: ``If receipt of a 
firearms by the person would violate section 922(g)(10), 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 
security. In responding to the petition, the United States may submit, 
and the court may rely on, summaries or redacted versions of documents 
containing information the disclosure of which the Attorney General has 
determined would likely compromise national security.''.
    (i) Penalties.--Section 924(k) of such title is amended--
            (1) by striking ``or'' at the end of paragraph (2);
            (2) in paragraph (3), by striking ``, or'' and inserting 
        ``; or''; and
            (3) by inserting after paragraph (3) the following:
            ``(4) constitutes an act of terrorism (as defined in 
        section 921(a)(36)), or material support thereof (as defined in 
        section 921(a)(37)), or''.
    (j) Remedy for Erroneous Denial of Firearm or Firearm Permit 
Exemption.--Section 925A of such title is amended--
            (1) in the section heading, by striking ``Remedy for 
        erroneous denial of firearm'' and inserting ``Remedies'';
            (2) by striking ``Any person denied a firearm pursuant to 
        subsection (s) or (t) of section 922'' and inserting the 
        following:
    ``(a) Except as provided in subsection (b), any person denied a 
firearm pursuant to section 922(t) or pursuant to a determination made 
under section 922B,''; and
            (3) by adding after and below the end the following:
    ``(b) In any case in which the Attorney General has denied the 
transfer of a firearm to a prospective transferee pursuant to section 
922A or has made a determination regarding a firearm permit applicant 
pursuant to section 922B, an action challenging the determination may 
be brought against the United States. The petition must be filed not 
later than 60 days after the petitioner has received actual notice of 
the Attorney General's determination made pursuant to section 922A or 
922B. 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 
922A or 922B. To make this showing, the United States may submit, and 
the court may rely on, summaries or redacted versions of documents 
containing information the disclosure of which the Attorney General has 
determined would likely compromise national security. On request of the 
petitioner or the court's own motion, the court may review the full, 
undisclosed documents ex parte and in camera. The court shall determine 
whether the summaries or redacted versions, as the case may be, are 
fair and accurate representations of the underlying documents. The 
court shall not consider the full, undisclosed documents in deciding 
whether the Attorney General's determination satisfies the requirements 
of section 922A or 922B.''.
    (k) Provision of Grounds Underlying Ineligibility Determination by 
the National Instant Criminal Background Check System.--Section 103 of 
the Brady Handgun Violence Prevention Act (Public Law 103-159) is 
amended--
            (1) in subsection (f)--
                    (A) by inserting after ``is ineligible to receive a 
                firearm,'' the following: ``or the Attorney General has 
                made a determination regarding an applicant for a 
                firearm permit pursuant to section 922B of title 18, 
                United States Code''; and
                    (B) by inserting after ``the system shall provide 
                such reasons to the individual,'' the following: 
                ``except for any information the disclosure of which 
                the Attorney General has determined would likely 
                compromise national security''; and
            (2) in subsection (g)--
                    (A) in the 1st sentence, by inserting after 
                ``subsection (g) or (n) of section 922 of title 18, 
                United States Code or State law'' the following: ``or 
                if the Attorney General has made a determination 
                pursuant to section 922A or 922B of such title,'';
                    (B) by inserting ``, except any information the 
                disclosure of which the Attorney General has determined 
                would likely compromise national security'' before the 
                period; and
                    (C) by adding at the end the following: ``Any 
                petition for review of information withheld by the 
                Attorney General under this subsection shall be made in 
                accordance with section 925A of title 18, United States 
                Code.''.
    (l) Unlawful Distribution of Explosives Based on Attorney General 
Discretionary Denial.--Section 842(d) of such title is amended--
            (1) by striking the period at the end of paragraph (9) and 
        inserting ``; or''; and
            (2) by adding at the end the following:
            ``(10) has received actual notice of the Attorney General's 
        determination made pursuant to section 843(b)(8) or (d)(2) of 
        this title.''.
    (m) Attorney General Discretionary Denial as Prohibitor.--Section 
842(i) of such title is amended--
            (1) by adding ``or'' at the end of paragraph (7); and
            (2) by inserting after paragraph (7) the following:
            ``(8) who has received actual notice of the Attorney 
        General's determination made pursuant to section 843(b)(8) or 
        (d)(2),''.
    (n) Attorney General Discretionary Denial of Federal Explosives 
Licenses and Permits.--Section 843(b) of such title is amended--
            (1) by striking ``Upon'' and inserting the following: 
        ``Except as provided in paragraph (8), on''; and
            (2) by inserting after paragraph (7) the following:
            ``(8) 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 (or appropriately 
        suspected) to be or have been engaged in conduct constituting, 
        in preparation of, in aid of, or related to terrorism, or 
        providing material support thereof, and the Attorney General 
        has a reasonable belief that the person may use explosives in 
        connection with terrorism.''.
    (o) Attorney General Discretionary Revocation of Federal Explosives 
Licenses and Permits.--Section 843(d) of such title is amended--
            (1) by inserting ``(1)'' in the first sentence after 
        ``if''; and
            (2) by striking the period at the end of the first sentence 
        and inserting the following: ``; or (2) the Attorney General 
        determines that the licensee or holder (or any responsible 
        person or employee possessor thereof) is known (or 
        appropriately suspected) to be or have been engaged in conduct 
        constituting, in preparation for, in aid of, or related to 
        terrorism, or providing material support thereof, and that the 
        Attorney General has a reasonable belief that the person may 
        use explosives in connection with terrorism.''.
    (p) Attorney General's Ability To Withhold Information in 
Explosives License and Permit Denial and Revocation Suits.--Section 
843(e) of such title is amended--
            (1) in the 1st sentence of paragraph (1), by inserting 
        ``except that if the denial or revocation is based on a 
        determination under subsection (b)(8) or (d)(2), 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 period; 
        and
            (2) in paragraph (2), by adding at the end the following: 
        ``In responding to any petition for review of a denial or 
        revocation based on a determination under section 843(b)(8) or 
        (d)(2), the United States may submit, and the court may rely 
        on, summaries or redacted versions of documents containing 
        information the disclosure of which the Attorney General has 
        determined would likely compromise national security.''.
    (q) Ability To Withhold Information in Communications to 
Employers.--Section 843(h)(2) of such title is amended--
            (1) in subparagraph (A), by inserting ``or section 
        843(b)(1) (on grounds of terrorism) of this title,'' after 
        ``section 842(i),''; and
            (2) in subparagraph (B)--
                    (A) by inserting ``or section 843(b)(8)'' after 
                ``section 842(i)''; and
                    (B) in clause (ii), by inserting ``, except that 
                any information that the Attorney General relied on for 
                a determination pursuant to section 843(b)(8) may be 
                withheld if the Attorney General concludes that 
                disclosure of the information would likely compromise 
                national security'' before the semicolon.
    (r) Conforming Amendment to Immigration and Nationality Act.--
Section 101(a)(43)(E)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(43)(E)(ii)) is amended by striking `` or (5)'' and 
inserting ``(5), or (10)''.
                                 <all>