[Congressional Record Volume 157, Number 86 (Wednesday, June 15, 2011)]
[Senate]
[Pages S3842-S3846]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 472. Mr. LAUTENBERG submitted an amendment intended to be proposed 
by him to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 22. PROHIBITION ON TRANSFER OR POSSESSION OF LARGE 
                   CAPACITY AMMUNITION FEEDING DEVICES.

       (a) Definition.--Section 921(a) of title 18, United States 
     Code, is amended by inserting after paragraph (29) the 
     following:
       ``(30) The term `large capacity ammunition feeding 
     device'--
       ``(A) means a magazine, belt, drum, feed strip, or similar 
     device that has a capacity of, or that can be readily 
     restored or converted to accept, more than 10 rounds of 
     ammunition; and
       ``(B) does not include an attached tubular device designed 
     to accept, and capable of operating only with, .22 caliber 
     rimfire ammunition.''.
       (b) Prohibitions.--Section 922 of title 18, United States 
     Code, is amended by inserting after subsection (u) the 
     following:
       ``(v)(1)(A)(i) Except as provided in clause (ii), it shall 
     be unlawful for a person to transfer or possess a large 
     capacity ammunition feeding device.
       ``(ii) Clause (i) shall not apply to the possession of a 
     large capacity ammunition feeding device otherwise lawfully 
     possessed within the United States on or before the date of 
     the enactment of this subsection.
       ``(B) It shall be unlawful for any person to import or 
     bring into the United States a large capacity ammunition 
     feeding device.
       ``(2) Paragraph (1) shall not apply to--
       ``(A) a manufacture for, transfer to, or possession by the 
     United States or a department or agency of the United States 
     or a State or a department, agency, or political subdivision 
     of a State, or a transfer to or possession by a law 
     enforcement officer employed by such an entity for purposes 
     of law enforcement (whether on or off duty);
       ``(B) a transfer to a licensee under title I of the Atomic 
     Energy Act of 1954 for purposes of establishing and 
     maintaining an on-site physical protection system and 
     security organization required by Federal law, or possession 
     by an employee or contractor of such a licensee on-site for 
     such purposes or off-site for purposes of licensee-authorized 
     training or transportation of nuclear materials;
       ``(C) the possession, by an individual who is retired from 
     service with a law enforcement agency and is not otherwise 
     prohibited from receiving ammunition, of a large capacity 
     ammunition feeding device transferred to the individual by 
     the agency upon that retirement; or
       ``(D) a manufacture, transfer, or possession of a large 
     capacity ammunition feeding device by a licensed manufacturer 
     or licensed importer for the purposes of testing or 
     experimentation authorized by the Attorney General.''.
       (c) Penalties.--Section 924(a) of such title is amended by 
     adding at the end the following:
       ``(8) Whoever knowingly violates section 922(v) shall be 
     fined under this title, imprisoned not more than 10 years, or 
     both.''.
       (d) Identification Markings.--Section 923(i) of title 18, 
     United States Code, is amended by adding at the end the 
     following: ``A large capacity ammunition feeding device 
     manufactured after the date of the enactment of this sentence 
     shall be identified by a serial number that clearly shows 
     that the device was manufactured after the date of enactment 
     of this sentence, and such other identification as the 
     Attorney General may by regulation prescribe.''.
                                 ______
                                 
  SA 473. Mr. LAUTENBERG submitted an amendment intended to be proposed 
by him to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 22. GUN SHOW BACKGROUND CHECK.

       (a) Findings.--Congress finds that--
       (1) approximately 5,200 traditional gun shows are held 
     annually across the United States, attracting thousands of 
     attendees per show and hundreds of Federal firearms licensees 
     and nonlicensed firearms sellers;
       (2) traditional gun shows, as well as flea markets and 
     other organized events, at which a large number of firearms 
     are offered for sale by Federal firearms licensees and 
     nonlicensed firearms sellers, form a significant part of the 
     national firearms market;
       (3) firearms and ammunition that are exhibited or offered 
     for sale or exchange at gun shows, flea markets, and other 
     organized events move easily in and substantially affect 
     interstate commerce;
       (4) in fact, even before a firearm is exhibited or offered 
     for sale or exchange at a gun show, flea market, or other 
     organized event, the gun, its component parts, ammunition, 
     and the raw materials from which it is manufactured have 
     moved in interstate commerce;
       (5) gun shows, flea markets, and other organized events at 
     which firearms are exhibited or offered for sale or exchange, 
     provide a convenient and centralized commercial location at 
     which firearms may be bought and sold anonymously, often 
     without background checks and without records that enable gun 
     tracing;
       (6) at gun shows, flea markets, and other organized events 
     at which guns are exhibited or offered for sale or exchange, 
     criminals and other prohibited persons obtain guns without 
     background checks and frequently use guns that cannot be 
     traced to later commit crimes;
       (7) since the enactment of the Brady Handgun Violence 
     Prevention Act (Public Law 103-59; 107 Stat. 1536) in 1993, 
     over 100,000,000 background checks have been performed by 
     Federal firearms licensees, denying guns to more than 
     1,600,000 illegal buyers;
       (8) many persons who buy and sell firearms at gun shows, 
     flea markets, and other organized events cross State lines to 
     attend these events and engage in the interstate 
     transportation of firearms obtained at these events;
       (9) gun violence is a pervasive, national problem that is 
     exacerbated by the availability of guns at gun shows, flea 
     markets, and other organized events;
       (10) firearms associated with gun shows have been 
     transferred illegally to residents of another State by 
     Federal firearms licensees and nonlicensed firearms sellers, 
     and have been involved in subsequent crimes including drug 
     offenses, crimes of violence, property crimes, and illegal 
     possession of firearms by felons and other prohibited 
     persons; and
       (11) Congress has the power, under the interstate commerce 
     clause and other provisions of the Constitution of the United 
     States, to ensure, by enactment of this Act, that criminals 
     and other prohibited persons do not obtain firearms at gun 
     shows, flea markets, and other organized events.
       (b) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(36) Gun show.--The term `gun show' means any event--
       ``(A) at which 50 or more firearms are offered or exhibited 
     for sale, transfer, or exchange, if 1 or more of the firearms 
     has been shipped or transported in, or otherwise affects, 
     interstate or foreign commerce; and
       ``(B) at which--
       ``(i) not fewer than 20 percent of the exhibitors are 
     firearm exhibitors;
       ``(ii) there are not fewer than 10 firearm exhibitors; or
       ``(iii) 50 or more firearms are offered for sale, transfer, 
     or exchange.
       ``(37) Gun show promoter.--The term `gun show promoter' 
     means any person who organizes, plans, promotes, or operates 
     a gun show.
       ``(38) Gun show vendor.--The term `gun show vendor' means 
     any person who exhibits, sells, offers for sale, transfers, 
     or exchanges 1 or more firearms at a gun show, regardless of 
     whether or not the person arranges with the gun show promoter 
     for a fixed location from which to exhibit, sell, offer for 
     sale, transfer, or exchange 1 or more firearms.''.
       (c) Regulation of Firearms Transfers at Gun Shows.--
       (1) In general.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 932. Regulation of firearms transfers at gun shows

       ``(a) Registration of Gun Show Promoters.--It shall be 
     unlawful for any person to organize, plan, promote, or 
     operate a gun show unless that person--
       ``(1) registers with the Attorney General in accordance 
     with regulations promulgated by the Attorney General; and
       ``(2) pays a registration fee, in an amount determined by 
     the Attorney General.
       ``(b) Responsibilities of Gun Show Promoters.--It shall be 
     unlawful for any person to organize, plan, promote, or 
     operate a gun show unless that person--
       ``(1) before commencement of the gun show, verifies the 
     identity of each gun show

[[Page S3843]]

     vendor participating in the gun show by examining a valid 
     identification document (as defined in section 1028(d)(3)) of 
     the vendor containing a photograph of the vendor;
       ``(2) before commencement of the gun show, requires each 
     gun show vendor to sign--
       ``(A) a ledger with identifying information concerning the 
     vendor; and
       ``(B) a notice advising the vendor of the obligations of 
     the vendor under this chapter;
       ``(3) notifies each person who attends the gun show of the 
     requirements of this chapter, in accordance with such 
     regulations as the Attorney General shall prescribe; and
       ``(4) maintains a copy of the records described in 
     paragraphs (1) and (2) at the permanent place of business of 
     the gun show promoter for such period of time and in such 
     form as the Attorney General shall require by regulation.
       ``(c) Responsibilities of Transferors Other Than 
     Licensees.--
       ``(1) In general.--If any part of a firearm transaction 
     takes place at a gun show, it shall be unlawful for any 
     person who is not licensed under this chapter to transfer a 
     firearm to another person who is not licensed under this 
     chapter, unless the firearm is transferred through a licensed 
     importer, licensed manufacturer, or licensed dealer in 
     accordance with subsection (e).
       ``(2) Criminal background checks.--A person who is subject 
     to the requirement of paragraph (1)--
       ``(A) shall not transfer the firearm to the transferee 
     until the licensed importer, licensed manufacturer, or 
     licensed dealer through which the transfer is made under 
     subsection (e) makes the notification described in subsection 
     (e)(3)(A); and
       ``(B) notwithstanding subparagraph (A), shall not transfer 
     the firearm to the transferee if the licensed importer, 
     licensed manufacturer, or licensed dealer through which the 
     transfer is made under subsection (e) makes the notification 
     described in subsection (e)(3)(B).
       ``(3) Absence of recordkeeping requirements.--Nothing in 
     this section shall permit or authorize the Attorney General 
     to impose recordkeeping requirements on any nonlicensed 
     vendor.
       ``(d) Responsibilities of Transferees Other Than 
     Licensees.--
       ``(1) In general.--If any part of a firearm transaction 
     takes place at a gun show, it shall be unlawful for any 
     person who is not licensed under this chapter to receive a 
     firearm from another person who is not licensed under this 
     chapter, unless the firearm is transferred through a licensed 
     importer, licensed manufacturer, or licensed dealer in 
     accordance with subsection (e).
       ``(2) Criminal background checks.--A person who is subject 
     to the requirement of paragraph (1)--
       ``(A) shall not receive the firearm from the transferor 
     until the licensed importer, licensed manufacturer, or 
     licensed dealer through which the transfer is made under 
     subsection (e) makes the notification described in subsection 
     (e)(3)(A); and
       ``(B) notwithstanding subparagraph (A), shall not receive 
     the firearm from the transferor if the licensed importer, 
     licensed manufacturer, or licensed dealer through which the 
     transfer is made under subsection (e) makes the notification 
     described in subsection (e)(3)(B).
       ``(e) Responsibilities of Licensees.--A licensed importer, 
     licensed manufacturer, or licensed dealer who agrees to 
     assist a person who is not licensed under this chapter in 
     carrying out the responsibilities of that person under 
     subsection (c) or (d) with respect to the transfer of a 
     firearm shall--
       ``(1) enter such information about the firearm as the 
     Attorney General may require by regulation into a separate 
     bound record;
       ``(2) record the transfer on a form specified by the 
     Attorney General;
       ``(3) comply with section 922(t) as if transferring the 
     firearm from the inventory of the licensed importer, licensed 
     manufacturer, or licensed dealer to the designated transferee 
     (although a licensed importer, licensed manufacturer, or 
     licensed dealer complying with this subsection shall not be 
     required to comply again with the requirements of section 
     922(t) in delivering the firearm to the nonlicensed 
     transferor), and notify the nonlicensed transferor and the 
     nonlicensed transferee--
       ``(A) of such compliance; and
       ``(B) if the transfer is subject to the requirements of 
     section 922(t)(1), of any receipt by the licensed importer, 
     licensed manufacturer, or licensed dealer of a notification 
     from the national instant criminal background check system 
     that the transfer would violate section 922 or would violate 
     State law;
       ``(4) not later than 10 days after the date on which the 
     transfer occurs, submit to the Attorney General a report of 
     the transfer, which report--
       ``(A) shall be on a form specified by the Attorney General 
     by regulation; and
       ``(B) shall not include the name of or other identifying 
     information relating to any person involved in the transfer 
     who is not licensed under this chapter;
       ``(5) if the licensed importer, licensed manufacturer, or 
     licensed dealer assists a person other than a licensee in 
     transferring, at 1 time or during any 5 consecutive business 
     days, 2 or more pistols or revolvers, or any combination of 
     pistols and revolvers totaling 2 or more, to the same 
     nonlicensed person, in addition to the reports required under 
     paragraph (4), prepare a report of the multiple transfers, 
     which report shall be--
       ``(A) prepared on a form specified by the Attorney General; 
     and
       ``(B) not later than the close of business on the date on 
     which the transfer occurs, forwarded to--
       ``(i) the office specified on the form described in 
     subparagraph (A); and
       ``(ii) the appropriate State law enforcement agency of the 
     jurisdiction in which the transfer occurs; and
       ``(6) retain a record of the transfer as part of the 
     permanent business records of the licensed importer, licensed 
     manufacturer, or licensed dealer.
       ``(f) Records of Licensee Transfers.--If any part of a 
     firearm transaction takes place at a gun show, each licensed 
     importer, licensed manufacturer, and licensed dealer who 
     transfers 1 or more firearms to a person who is not licensed 
     under this chapter shall, not later than 10 days after the 
     date on which the transfer occurs, submit to the Attorney 
     General a report of the transfer, which report--
       ``(1) shall be in a form specified by the Attorney General 
     by regulation;
       ``(2) shall not include the name of or other identifying 
     information relating to the transferee; and
       ``(3) shall not duplicate information provided in any 
     report required under subsection (e)(4).
       ``(g) Firearm Transaction Defined.--In this section, the 
     term `firearm transaction'--
       ``(1) includes the offer for sale, sale, transfer, or 
     exchange of a firearm; and
       ``(2) does not include the mere exhibition of a firearm.''.
       (2) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(8)(A) Whoever knowingly violates section 932(a) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.
       ``(B) Whoever knowingly violates subsection (b) or (c) of 
     section 932, shall be--
       ``(i) fined under this title, imprisoned not more than 2 
     years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     fined under this title, imprisoned not more than 5 years, or 
     both.
       ``(C) Whoever willfully violates section 932(d), shall be--
       ``(i) fined under this title, imprisoned not more than 2 
     years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     fined under this title, imprisoned not more than 5 years, or 
     both.
       ``(D) Whoever knowingly violates subsection (e) or (f) of 
     section 932 shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(E) In addition to any other penalties imposed under this 
     paragraph, the Attorney General may, with respect to any 
     person who knowingly violates any provision of section 932--
       ``(i) if the person is registered pursuant to section 
     932(a), after notice and opportunity for a hearing, suspend 
     for not more than 6 months or revoke the registration of that 
     person under section 932(a); and
       ``(ii) impose a civil fine in an amount equal to not more 
     than $10,000.''.
       (3) Technical and conforming amendments.--Chapter 44 of 
     title 18, United States Code, is amended--
       (A) in the table of sections, by adding at the end the 
     following:

``932. Regulation of firearms transfers at gun shows.'';

     and
       (B) in the first sentence of section 923(j), by striking 
     ``a gun show or event'' and inserting ``an event''.
       (d) Inspection Authority.--Section 923(g)(1) is amended by 
     adding at the end the following:
       ``(E) Notwithstanding subparagraph (B), the Attorney 
     General may enter during business hours the place of business 
     of any gun show promoter and any place where a gun show is 
     held for the purposes of examining the records required by 
     sections 923 and 932 and the inventory of licensees 
     conducting business at the gun show. Such entry and 
     examination shall be conducted for the purposes of 
     determining compliance with this chapter by gun show 
     promoters and licensees conducting business at the gun show 
     and shall not require a showing of reasonable cause or a 
     warrant.''.
       (e) Increased Penalties for Serious Recordkeeping 
     Violations by Licensees.--Section 924(a)(3) of title 18, 
     United States Code, is amended to read as follows:
       ``(3)(A) Except as provided in subparagraph (B), any 
     licensed dealer, licensed importer, licensed manufacturer, or 
     licensed collector who knowingly makes any false statement or 
     representation with respect to the information required by 
     this chapter to be kept in the records of a person licensed 
     under this chapter, or violates section 922(m) shall be fined 
     under this title, imprisoned not more than 1 year, or both.
       ``(B) If the violation described in subparagraph (A) is in 
     relation to an offense--
       ``(i) under paragraph (1) or (3) of section 922(b), such 
     person shall be fined under this title, imprisoned not more 
     than 5 years, or both; or
       ``(ii) under subsection (a)(6) or (d) of section 922, such 
     person shall be fined under this title, imprisoned not more 
     than 10 years, or both.''.
       (f) Increased Penalties for Violations of Criminal 
     Background Check Requirements.--

[[Page S3844]]

       (1) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended--
       (A) in paragraph (5), by striking ``subsection (s) or (t) 
     of section 922'' and inserting ``section 922(s)''; and
       (B) by adding at the end the following:
       ``(9) Whoever knowingly violates section 922(t) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.''.
       (2) Elimination of certain elements of offense.--Section 
     922(t)(5) of title 18, United States Code, is amended by 
     striking ``and, at the time'' and all that follows through 
     ``State law''.
       (g) Effective Date.--This Act and the amendments made by 
     this section shall take effect 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 474. Mr. LAUTENBERG submitted an amendment intended to be proposed 
by him to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 22. 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:

[[Page S3845]]

       ``(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).
                                 ______
                                 
  SA 475. Mr. WHITEHOUSE submitted an amendment intended to be proposed 
by him to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 9, strike lines 12 through 20 and insert the 
     following:
       ``(A) 125 to 150-percent higher unemployment rate.--The 
     Secretary may increase the Federal share above the percentage 
     specified in subsection (a) up to 60 percent of the cost of a 
     project in the case of a grant made in an area for which--
       ``(i) the per capita income is not more than 70 percent of 
     the national average;
       ``(ii) the 24-month unemployment rate is at least 150 
     percent of the national average; or
       ``(iii) if the national average 24-month unemployment rate 
     is in excess of 6.5 percent, the 24-month unemployment rate 
     is at least 125 percent of the national average.
                                 ______
                                 
  SA 476. Mr. REID (for Mrs. Feinstein (for herself and Mr. Coburn)) 
proposed an amendment to the bill S. 782, to amend the Public Works and 
Economic Development Act of 1965 to reauthorize that Act, and for other 
purposes; which

[[Page S3846]]

was ordered to lie on the table; as follows:

       At the end, add the following:

             TITLE __--ETHANOL SUBSIDIES AND TARIFF REPEAL

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Ethanol Subsidy and Tariff 
     Repeal Act''.

     SEC. _02. REPEAL OF VEETC.

       (a) Elimination of Excise Tax Credit or Payment.--
       (1) Section 6426(b)(6) of the Internal Revenue Code of 1986 
     is amended by striking ``December 31, 2011'' and inserting 
     ``the later of June 30, 2011, or the date of the enactment of 
     the Ethanol Subsidy and Tariff Repeal Act)''.
       (2) Section 6427(e)(6)(A) of such Code is amended by 
     striking ``December 31, 2011'' and inserting ``the later of 
     June 30, 2011, or the date of the enactment the Ethanol 
     Subsidy and Tariff Repeal Act''.
       (b) Elimination of Income Tax Credit.--
       (1) In general.--The table contained in section 40(h)(2) of 
     the Internal Revenue Code of 1986 is amended--
       (A) by striking ``2011'' and inserting ``the later of June 
     30, 2011, or the date of the enactment of the Ethanol Subsidy 
     and Tariff Repeal Act'', and
       (B) by adding at the end the following:


``After such date.................................       zero    zero''.
 


       (2) Conforming amendment.--Section 40(h)(1) of such Code is 
     amended by striking ``calendar years 2001 through 2011'' and 
     inserting ``the period beginning January 1, 2001, and ending 
     the later of June 30, 2011, or the date of the enactment of 
     the Ethanol Subsidy and Tariff Repeal Act''.
       (c) Repeal of Deadwood.--
       (1) Section 40(h) of the Internal Revenue Code of 1986 is 
     amended by striking paragraph (3).
       (2) Section 6426(b)(2) of such Code is amended by striking 
     subparagraph (C).
       (d) Effective Date.--The amendments made by this section 
     shall apply to any sale, use, or removal for any period after 
     the later of June 30, 2011, or the date of the enactment of 
     the Act.

     SEC. _03. REMOVAL OF TARIFFS ON ETHANOL.

       (a) Duty-Free Treatment.--Chapter 98 of the Harmonized 
     Tariff Schedule of the United States is amended by adding at 
     the end the following new subchapter:


                                                SUBCHAPTER XXIII
                                                Alternative Fuels
----------------------------------------------------------------------------------------------------------------
                                                                         Rates of Duty
                                              ------------------------------------------------------------------
  Heading/Subheading     Article Description                        1
                                              ---------------------------------------------           2
                                                      General                Special
----------------------------------------------------------------------------------------------------------------
9823.01.01              Ethyl alcohol          Free                   Free                  20%.
                         (provided for in
                         subheadings
                         2207.10.60 and
                         2207.20) or any
                         mixture containing
                         such ethyl alcohol
                         (provided for in
                         heading 2710 or
                         3824) if such ethyl
                         alcohol or mixture
                         is to be used as a
                         fuel or in producing
                         a mixture of
                         gasoline and
                         alcohol, a mixture
                         of a special fuel
                         and alcohol, or any
                         other mixture to be
                         used as fuel
                         (including motor
                         fuel provided for in
                         subheading
                         2710.11.15,
                         2710.19.15 or
                         2710.19.21), or is
                         suitable for any
                         such uses...........
----------------------------------------------------------------------------------------------------------------

       (b) Conforming Amendments.--Subchapter I of chapter 99 of 
     the Harmonized Tariff Schedule of the United States is 
     amended--
       (1) by striking heading 9901.00.50; and
       (2) by striking U.S. notes 2 and 3.
       (c) Effective Date.--The amendments made by this section 
     apply to goods entered, or withdrawn from warehouse for 
     consumption, on or after the later of June 30, 2011, or the 
     date of the enactment of this Act.

                          ____________________