[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 34 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 34

 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 terrorists.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 25 (legislative day, January 5), 2011

    Mr. Lautenberg (for himself, Mr. Menendez, Mrs. Feinstein, Mr. 
  Whitehouse, Mr. Reed, Mr. Levin, Mr. Schumer, Mr. Durbin, and Mrs. 
Boxer) introduced the following bill; 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 terrorists.

    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 2011''.

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 after section 922 the following:
``Sec. 922A. Attorney General's discretion to deny transfer of a 
              firearm
    ``The Attorney General may deny the transfer of a firearm under 
section 922(t)(1)(B)(ii) of this title if the Attorney General--
            ``(1) 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 or resources for 
        terrorism; and
            ``(2) has a reasonable belief that the prospective 
        transferee may use a firearm in connection with terrorism.
``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--
            ``(1) 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 or resources for 
        terrorism; and
            ``(2) the Attorney General has a reasonable belief that the 
        applicant may use a firearm in connection with terrorism.'';
            (2) in section 921(a), by adding at the end the following:
            ``(36) The term `terrorism' includes international 
        terrorism and domestic terrorism, as those terms are defined in 
        section 2331 of this title.
            ``(37) The term `material support or resources' has the 
        same meaning as in section 2339A of this title.
            ``(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.''; and
            (3) in the table of sections, by inserting after the item 
        relating to section 922 the following:

``922A. Attorney General's discretion to deny transfer of a firearm.
``922B. Attorney General's discretion regarding applicants for firearm 
                            permits which would qualify for the 
                            exemption provided under section 
                            922(t)(3).''.
    (b) Effect of Attorney General Discretionary Denial Through the 
National Instant Criminal Background Check System (NICS) on Firearms 
Permits.--Section 922(t) of title 18, United States Code, 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 of this title'' 
        before the semicolon;
            (2) in paragraph (2), in the matter preceding subparagraph 
        (A), by inserting ``, or if the Attorney General has not 
        determined to deny the transfer of a firearm pursuant to 
        section 922A of this title'' after ``or State law'';
            (3) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) in subclause (I), by striking 
                                ``and'' at the end; and
                                    (II) by adding at the end the 
                                following:
                    ``(III) was issued after a check of the system 
                established pursuant to paragraph (1);'';
                            (ii) in clause (ii), by inserting ``and'' 
                        after the semicolon; and
                            (iii) by adding at 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 
        of this title;'';
            (4) in paragraph (4), by inserting ``, or if the Attorney 
        General has not determined to deny the transfer of a firearm 
        pursuant to section 922A of this title'' after ``or State 
        law''; and
            (5) in paragraph (5), by inserting ``, or if the Attorney 
        General has determined to deny the transfer of a firearm 
        pursuant to section 922A of this title'' after ``or State 
        law''.
    (c) Unlawful Sale or Disposition of Firearm Based Upon Attorney 
General Discretionary Denial.--Section 922(d) of title 18, United 
States Code, is amended--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(10) has been the subject of a determination by the 
        Attorney General under section 922A, 922B, 923(d)(3), or 923(e) 
        of this title.''.
    (d) Attorney General Discretionary Denial as Prohibitor.--Section 
922(g) of title 18, United States Code, is amended--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the comma at the end 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 under section 922A, 922B, 
        923(d)(3) or 923(e) of this title,''.
    (e) Attorney General Discretionary Denial of Federal Firearms 
Licenses.--Section 923(d) of title 18, United States Code, is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``Any'' and inserting ``Except as provided in 
        paragraph (3), any''; and
            (2) by adding at the end the following:
    ``(3) 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 or resources for 
terrorism, 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 title 18, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(e)'';
            (2) by striking ``revoke any license'' and inserting the 
        following: ``revoke--
            ``(A) any license'';
            (3) by striking ``. The Attorney General may, after notice 
        and opportunity for hearing, revoke the license'' and inserting 
        the following: ``;
            ``(B) the license''; and
            (4) by striking ``. The Secretary's action'' and inserting 
        the following: ``; or
            ``(C) any license issued under this section if the Attorney 
        General determines that the holder of such 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 or resources for terrorism, and the 
        Attorney General has a reasonable belief that the applicant may 
        use a firearm in connection with terrorism.
    ``(2) The Attorney General's action''.
    (g) Attorney General's Ability To Withhold Information in Firearms 
License Denial and Revocation Suit.--
            (1) In general.--Section 923(f)(1) of title 18, United 
        States Code, is amended by inserting after the first sentence 
        the following: ``However, if the denial or revocation is 
        pursuant to subsection (d)(3) or (e)(1)(C), any information 
        upon 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.''.
            (2) Summaries.--Section 923(f)(3) of title 18, United 
        States Code, is amended by inserting after the third 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 upon, 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 title 18, United States 
Code, is amended by inserting after the third sentence the following: 
``If the person is subject to a disability under section 922(g)(10) of 
this title, 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 upon, 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 title 18, United States Code, is 
amended--
            (1) in paragraph (2), by striking ``or'' at the end;
            (2) in paragraph (3), by striking the comma at the end and 
        inserting ``; or''; and
            (3) by inserting after paragraph (3) the following:
            ``(4) constitutes an act of terrorism, or providing 
        material support or resources for terrorism,''.
    (j) Remedy for Erroneous Denial of Firearm or Firearm Permit 
Exemption.--
            (1) In general.--Section 925A of title 18, United States 
        Code, is amended--
                    (A) in the section heading, by striking ``Remedy 
                for erroneous denial of firearm'' and inserting 
                ``Remedies'';
                    (B) 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 subsection (t) of section 922 or a firearm permit 
pursuant to a determination made under section 922B''; and
                    (C) by adding at 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 of this title or has made a determination regarding a firearm 
permit applicant pursuant to section 922B of this title, an action 
challenging the determination may be brought against the United States. 
The petition shall be filed not later than 60 days after the petitioner 
has received actual notice of the Attorney General's determination 
under section 922A or 922B of this title. 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 922A or 922B, as the case may be. 
To make this showing, the United States may submit, and the court may 
rely upon, summaries or redacted versions of documents containing 
information the disclosure of which the Attorney General has determined 
would likely compromise national security. Upon 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.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 44 of title 18, United States Code, is 
        amended by striking the item relating to section 925A and 
        inserting the following:

``925A. Remedies.''.
    (k) Provision of Grounds Underlying Ineligibility Determination by 
the National Instant Criminal Background Check System.--Section 103 of 
the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) is 
amended--
            (1) in subsection (f)--
                    (A) by inserting ``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,'' after ``is ineligible to receive a 
                firearm''; and
                    (B) by inserting ``except any information for which 
                the Attorney General has determined that disclosure 
                would likely compromise national security,'' after 
                ``reasons to the individual,''; and
            (2) in subsection (g)--
                    (A) the first sentence--
                            (i) by inserting ``or if the Attorney 
                        General has made a determination pursuant to 
                        section 922A or 922B of title 18, United States 
                        Code,'' after ``or State law,''; and
                            (ii) by inserting ``, except any 
                        information for which the Attorney General has 
                        determined that disclosure would likely 
                        compromise national security'' before the 
                        period at the end; and
                    (B) 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 Upon Attorney General 
Discretionary Denial.--Section 842(d) of title 18, United States Code, 
is amended--
            (1) in paragraph (9), by striking the period 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 subsection (j) or (d)(1)(B) of 
        section 843 of this title.''.
    (m) Attorney General Discretionary Denial as Prohibitor.--Section 
842(i) of title 18, United States Code, is amended--
            (1) in paragraph (7), by inserting ``; or'' at the end; and
            (2) by inserting after paragraph (7) the following:
            ``(8) who has received actual notice of the Attorney 
        General's determination made pursuant to subsection (j) or 
        (d)(1)(B) of section 843 of this title,''.
    (n) Attorney General Discretionary Denial of Federal Explosives 
Licenses and Permits.--Section 843 of title 18, United States Code, is 
amended--
            (1) in subsection (b), by striking ``Upon'' and inserting 
        ``Except as provided in subsection (j), upon''; and
            (2) by adding at the end the following:
    ``(j) 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 or resources for terrorism, 
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 title 18, United States Code, 
is amended--
            (1) by inserting ``(1)'' after ``(d)'';
            (2) by striking ``if in the opinion'' and inserting the 
        following: ``if--
            ``(A) in the opinion''; and
            (3) by striking ``. The Secretary's action'' and inserting 
        the following: ``; or
            ``(B) 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 
        or resources for terrorism, and that the Attorney General has a 
        reasonable belief that the person may use explosives in 
        connection with terrorism.
    ``(2) The Attorney General's action''.
    (p) Attorney General's Ability To Withhold Information in 
Explosives License and Permit Denial and Revocation Suits.--Section 
843(e) of title 18, United States Code, is amended--
            (1) in paragraph (1), by inserting after the first sentence 
        the following: ``However, if the denial or revocation is based 
        upon an Attorney General determination under subsection (j) or 
        (d)(1)(B), 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 security.''; 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 upon an Attorney General determination under 
        subsection (j) or (d)(1)(B), the United States may submit, and 
        the court may rely upon, 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 title 18, United States Code, is 
amended--
            (1) in subparagraph (A), by inserting ``or in subsection 
        (j) of this section (on grounds of terrorism)'' after ``section 
        842(i)''; and
            (2) in subparagraph (B)--
                    (A) in the matter preceding clause (i), by 
                inserting ``or in subsection (j) of this section,'' 
                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 subsection (j) may be 
                withheld if the Attorney General concludes that 
                disclosure of the information would likely compromise 
                national security'' after ``determination''.
    (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)''.
    (s) Guidelines.--
            (1) 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 (d)(1)(B) and (j) of section 
        843 and sections 922A and 922B of title 18, United States Code, 
        as amended by this Act.
            (2) Contents.--The guidelines issued under paragraph (1) 
        shall--
                    (A) provide accountability and a basis for 
                monitoring to ensure that the intended goals for, and 
                expected results of, the grant of authority under 
                subsections (d)(1)(B) and (j) of section 843 and 
                sections 922A and 922B of title 18, United States Code, 
                as amended by this Act, are being achieved; and
                    (B) ensure that terrorist watch list records are 
                used in a manner that safeguards privacy and civil 
                liberties protections, in accordance with requirements 
                outlines in Homeland Security Presidential Directive 11 
                (dated August 27, 2004).
                                 <all>