[Congressional Record Volume 159, Number 51 (Tuesday, April 16, 2013)]
[Senate]
[Pages S2689-S2695]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 716. Mr. ROCKEFELLER (for himself, Mr. Coburn, Mr. Johanns, Mr. 
Blumenthal, Mr. Heller, and Ms. Klobuchar) submitted an amendment 
intended to be proposed by him to the bill S. 649, to ensure that all 
individuals who should be prohibited from buying a firearm are listed 
in the national instant criminal background check system and require a 
background check for every firearm sale, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. STUDY; NATIONAL ACADEMY OF SCIENCES.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Federal Trade Commission, the 
     Federal Communications Commission, and the Department of 
     Health and Human Services, jointly, shall undertake to enter 
     into appropriate arrangements with the National Academy of 
     Sciences to conduct a comprehensive study and investigation 
     of--
       (1) whether there is a connection between exposure to 
     violent video games and harmful effects on children; and
       (2) whether there is a connection between exposure to 
     violent video programming and harmful effects on children.
       (b) Contents of Study and Investigation.--
       (1) Violent video games.--The study and investigation under 
     subsection (a) shall include--
       (A) whether the exposure listed under subsection (a)(1)--
       (i) causes children to act aggressively or causes other 
     measurable harm to children;
       (ii) has a disproportionately harmful effect on children 
     already prone to aggressive behavior or on other identifiable 
     groups of children; and
       (iii) has a harmful effect that is distinguishable from any 
     negative effects produced by other types of media;
       (B) whether any harm identified under subparagraph (A)(i) 
     has a direct and long-lasting impact on a child's well-being; 
     and
       (C) whether current or emerging characteristics of video 
     games have a unique impact on children, considering in 
     particular video games' interactive nature and the 
     extraordinarily personal and vivid way violence might be 
     portrayed in such video games.
       (2) Violent video programming.--The study and investigation 
     under subsection (a) shall include--
       (A) whether the exposure listed under subsection (a)(2)--
       (i) causes children to act aggressively or causes other 
     measurable harm to children;
       (ii) has a disproportionately harmful effect on children 
     already prone to aggressive behavior or on other identifiable 
     groups of children; and
       (iii) has a harmful effect that is distinguishable from any 
     negative effects produced by other types of media; and
       (B) whether any harm identified under subparagraph (A)(i) 
     has a direct and long-lasting impact on a child's well-being.
       (3) Future research.--The study and investigation under 
     subsection (a) shall identify gaps in the current state of 
     research which, if closed, could provide additional 
     information regarding any causal connection--
       (A) between exposure to violent video games and behavior; 
     and
       (B) between exposure to violent video programming and 
     behavior.
       (c) Report.--In entering into any arrangements with the 
     National Academy of Sciences for conducting the study and 
     investigation under this section, the Federal Trade 
     Commission, the Federal Communications Commission, and the 
     Department of Health and Human Services shall request the 
     National Academy of Sciences to submit, not later than 15 
     months after the date on which such arrangements are 
     completed, a report on the results of the study and 
     investigation to--
       (1) Congress;
       (2) the Federal Trade Commission;
       (3) the Federal Communications Commission; and
       (4) the Department of Health and Human Services.
                                 ______
                                 
  SA 717. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 649, to ensure that all individuals who should be 
prohibited from buying a firearm are listed in the national instant 
criminal background check system and require a background check for 
every firearm sale, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROTECTING THE PRIVACY AND SAFETY OF LAW-ABIDING 
                   GUN OWNERS.

       Section 1701 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended by 
     adding at the end the following:
       ``(l) Protecting the Privacy of Law-abiding Gun Owners.--
       ``(1) Definition.--In this subsection, the term `private 
     gun ownership data' means information held by a State or unit 
     of local government that concerns--
       ``(A) a license or permit of an individual to purchase, 
     possess, or carry a firearm;
       ``(B) a license or permit of an individual relating to 
     ammunition; or
       ``(C) the location of an individual gun owner.
       ``(2) Withholding funds for noncompliance.--
       ``(A) In general.--Subject to subparagraph (B), and 
     notwithstanding any other provision of this part, if a State 
     or unit of local government receiving a grant under this part 
     publicly releases private gun ownership data during any 
     fiscal year, the Attorney General shall withhold 5 percent of 
     the amount that would otherwise be provided to the State or 
     unit of local government under this part for that fiscal 
     year.
       ``(B) Exception.--Subparagraph (A) shall not apply to any 
     release of private gun ownership data that is necessary in 
     the course of--
       ``(i) a bonafide criminal investigation; or
       ``(ii) a trial, hearing, or other proceeding of any court, 
     board, commission, or agency.
       ``(3) Redistribution of withheld funds.--On the first day 
     of the first fiscal year after a fiscal year in which amounts 
     were withheld from a State or unit of local government under 
     paragraph (2), such amounts shall be made available to States 
     and units of local government that do not publicly release 
     private gun ownership data.''.
                                 ______
                                 
  SA 718. Mr. COBURN (for himself, Mr. Rubio, Mr. Johnson of Wisconsin, 
and Mr. Enzi) submitted an amendment intended to be proposed by him to 
the bill S. 649, to ensure that all individuals who should be 
prohibited from buying a firearm are listed in the national instant 
criminal background check system and require a background check for 
every firearm sale, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ANNUAL REPORT ON AMMUNITION.

       (a) Definition.--In this section, the term ``agency'' has 
     the meaning given the term in section 551 of title 5, United 
     States Code.
       (b) Annual Report.--Except as provided in subsection (c), 
     not later than December 31, 2013, and before each December 31 
     thereafter, each agency shall submit to Congress a report 
     on--
       (1) the number of firearms and types of firearms purchased 
     or otherwise acquired by the agency during the previous 
     fiscal year;
       (2) the number of rounds of ammunition and the type of 
     ammunition purchased by the agency during the previous fiscal 
     year;
       (3) the number of firearms owned by the agency that were 
     stolen, lost, or unaccounted for during the previous fiscal 
     year; and
       (4) the number of firearms possessed by the agency at the 
     end of the previous fiscal year.
       (c) National Security Exception.--Subsection (b) shall not 
     apply to the Department of Defense or the Central 
     Intelligence Agency, if the Secretary of Defense or the 
     Director of the Central Intelligence Agency--

[[Page S2690]]

       (1) submits to Congress a detailed explanation of why 
     reporting of the information described in subsection (b) 
     would harm national security; and
       (2) upon request, makes the information described in 
     subsection (b) available to the relevant congressional 
     oversight committees in a classified format.
                                 ______
                                 
  SA 719. Mr. CORNYN (for himself, Mr. Vitter, and Ms. Collins) 
submitted an amendment intended to be proposed by him to the bill S. 
649, to ensure that all individuals who should be prohibited from 
buying a firearm are listed in the national instant criminal background 
check system and require a background check for every firearm sale, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CONSTITUTIONAL CONCEALED CARRY RECIPROCITY ACT OF 
                   2013.

       (a) Short Title.--This section may be cited as the 
     ``Constitutional Concealed Carry Reciprocity Act of 2013''.
       (b) Reciprocity for the Carrying of Certain Concealed 
     Firearms.--
       (1) In general.--Chapter 44 of title 18, United States 
     Code, is amended by inserting after section 926C the 
     following:

     ``Sec. 926D. Reciprocity for the carrying of certain 
       concealed firearms

       ``(a) In General.--Notwithstanding any provision of the law 
     of any State or political subdivision thereof to the 
     contrary--
       ``(1) an individual who is not prohibited by Federal law 
     from possessing, transporting, shipping, or receiving a 
     firearm, and who is carrying a government-issued photographic 
     identification document and a valid license or permit which 
     is issued pursuant to the law of a State and which permits 
     the individual to carry a concealed firearm, may possess or 
     carry a concealed handgun (other than a machinegun or 
     destructive device) that has been shipped or transported in 
     interstate or foreign commerce in any State other than the 
     State of residence of the individual that--
       ``(A) has a statue that allows residents of the State to 
     obtain licenses or permits to carry concealed firearms; or
       ``(B) does not prohibit the carrying of concealed firearms 
     by residents of the State for lawful purposes; and
       ``(2) an individual who is not prohibited by Federal law 
     from possessing, transporting, shipping, or receiving a 
     firearm, and who is carrying a government-issued photographic 
     identification document and is entitled and not prohibited 
     from carrying a concealed firearm in the State in which the 
     individual resides otherwise than as described in paragraph 
     (1), may possess or carry a concealed handgun (other than a 
     machinegun or destructive device) that has been shipped or 
     transported in interstate or foreign commerce in any State 
     other than the State of residence of the individual that--
       ``(A) has a statute that allows residents of the State to 
     obtain licenses or permits to carry concealed firearms; or
       ``(B) does not prohibit the carrying of concealed firearms 
     by residents of the State for lawful purposes.
       ``(b) Conditions and Limitations.--The possession or 
     carrying of a concealed handgun in a State under this section 
     shall be subject to the same conditions and limitations, 
     except as to eligibility to possess or carry, imposed by or 
     under Federal or State law or the law of a political 
     subdivision of a State, that apply to the possession or 
     carrying of a concealed handgun by residents of the State or 
     political subdivision who are licensed by the State or 
     political subdivision to do so, or not prohibited by the 
     State from doing so.
       ``(c) Unrestricted License or Permit.--In a State that 
     allows the issuing authority for licenses or permits to carry 
     concealed firearms to impose restrictions on the carrying of 
     firearms by individual holders of such licenses or permits, 
     an individual carrying a concealed handgun under this section 
     shall be permitted to carry a concealed handgun according to 
     the same terms authorized by an unrestricted license of or 
     permit issued to a resident of the State.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to preempt any provision of State law with 
     respect to the issuance of licenses or permits to carry 
     concealed firearms.''.
       (2) Clerical amendment.--The table of sections for chapter 
     44 of title 18, United States Code, is amended by inserting 
     after the item relating to section 926C the following:
``926D. Reciprocity for the carrying of certain concealed firearms.''.
       (3) Severability.--Notwithstanding any other provision of 
     this Act, if any provision of this section, or any amendment 
     made by this section, or the application of such provision or 
     amendment to any person or circumstance is held to be 
     unconstitutional, this section and amendments made by this 
     section and the application of such provision or amendment to 
     other persons or circumstances shall not be affected thereby.
       (4) Effective date.--The amendments made by this section 
     shall take effect 90 days after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 720. Mr. BURR (for himself, Mr. Wicker, Mr. Inhofe, Mr. Crapo, Mr. 
Risch, Mr. Cochran, Mr. Moran, Mr. Thune, Mr. Roberts, Mr. Enzi, and 
Mr. Boozman) submitted an amendment intended to be proposed by him to 
the bill S. 649, to ensure that all individuals who should be 
prohibited from buying a firearm are listed in the national instant 
criminal background check system and require a background check for 
every firearm sale, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of subtitle A of title I, insert the following:

     SEC. 114. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS 
                   ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN 
                   PURPOSES.

       (a) In General.--Chapter 55 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 5511. Conditions for treatment of certain persons as 
       adjudicated mentally incompetent for certain purposes

       ``In any case arising out of the administration by the 
     Secretary of laws and benefits under this title, a person who 
     is mentally incapacitated, deemed mentally incompetent, or 
     experiencing an extended loss of consciousness shall not be 
     considered adjudicated as a mental defective under subsection 
     (d)(4) or (g)(4) of section 922 of title 18 without the order 
     or finding of a judge, magistrate, or other judicial 
     authority of competent jurisdiction that such person is a 
     danger to himself or herself or others.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by adding at 
     the end the following new item:

``5511. Conditions for treatment of certain persons as adjudicated 
              mentally incompetent for certain purposes.''.
                                 ______
                                 
  SA 721. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 649, to ensure that all individuals who should be 
prohibited from buying a firearm are listed in the national instant 
criminal background check system and require a background check for 
every firearm sale, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROTECTION OF PROSECUTORS, JUDGES, LAW ENFORCEMENT 
                   OFFICERS, AND THEIR FAMILIES.

       (a) Short Title.--This section may be cited as the ``Line 
     of Duty Act of 2013''.
       (b) Protection for Prosecutors and Judges.--
       (1) Modifications to the community oriented policing 
     services program.--Section 1701(b) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd(b)) is amended--
       (A) in paragraph (16), by striking ``and'' at the end;
       (B) by redesignating paragraph (17) as paragraph (18);
       (C) by inserting after paragraph (16) the following:
       ``(18) to train and provide security details for 
     prosecutors and judges, including their immediate families, 
     involved in cases that raise substantial concerns of 
     retaliation or intimidation through violent acts; and''; and
       (D) in paragraph (18), as so redesignated, by striking 
     ``(16)'' and inserting ``(17)''.
       (2) Modifications to the edward byrne memorial justice 
     assistance grant program.--Section 501(a)(1) of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3751(a)(1)) is amended by adding at the end the 
     following:
       ``(H) Prosecutorial and judicial security details and 
     programs.''.
       (c) Justice for Prosecutors, Judges, Law Enforcement 
     Officers, and Their Families.--
       (1) Killing of prosecutors, judges, and law enforcement 
     officers.--
       (A) Offense.--Chapter 51 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 1123. Killing of federally funded prosecutors, judges, 
       and law enforcement officers

       ``(a) Definitions.--In this section--
       ``(1) the terms `Federal law enforcement officer' and 
     `United States judge' have the meanings given those terms in 
     section 115;
       ``(2) the term `federally funded public safety officer' 
     means a public safety officer or judicial officer for a 
     public agency that--
       ``(A) receives Federal financial assistance; and
       ``(B) is an agency of an entity that is a State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, or any 
     territory or possession of the United States, an Indian 
     tribe, or a unit of local government of that entity;
       ``(3) the term `firefighter' includes an individual serving 
     as an official recognized or designated member of a legally 
     organized volunteer fire department and an officially 
     recognized or designated public employee member of a rescue 
     squad or ambulance crew;
       ``(4) the term `judicial officer' means a judge or other 
     officer or employee of a court,

[[Page S2691]]

     including prosecutors, court security, pretrial services 
     officers, court reporters, and corrections, probation, and 
     parole officers;
       ``(5) the term `law enforcement officer' means an 
     individual, with arrest powers, involved in crime or juvenile 
     delinquency control or reduction or enforcement of the laws;
       ``(6) the term `public agency' includes a court system, the 
     National Guard of a State to the extent the personnel of that 
     National Guard are not in Federal service, and the defense 
     forces of a State authorized by section 109 of title 32; and
       ``(7) the term `public safety officer' means an individual 
     serving a public agency in an official capacity, as a law 
     enforcement officer, as a firefighter, as a chaplain, or as a 
     member of a rescue squad or ambulance crew.
       ``(b) Offense.--It shall be unlawful for any person to--
       ``(1) kill, or attempt or conspire to kill--
       ``(A) a United States judge;
       ``(B) a Federal law enforcement officer; or
       ``(C) a federally funded public safety officer while that 
     officer is engaged in official duties, or on account of the 
     performance of official duties; or
       ``(2) kill a former United States judge, Federal law 
     enforcement officer, or federally funded public safety 
     officer on account of the past performance of official 
     duties.
       ``(c) Penalty.--Any person that violates subsection (b) 
     shall be fined under this title and imprisoned for any term 
     of years not less than 30, or for life, or, if death results 
     and the offender is prosecuted as a principal, may be 
     sentenced to death.''.
       (B) Clerical amendment.--The table of sections for chapter 
     51 of title 18, United States Code, is amended by adding at 
     the end the following:

``1123. Killing of federally funded prosecutors, judges, and law 
              enforcement officers.''.

       (2) Fugitives from justice.--
       (A) Offense.--Chapter 49 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 1075. Flight to avoid prosecution for killing 
       prosecutors, judges, and law enforcement officials

       ``(a) Offense.--It shall be unlawful for any person to move 
     or travel in interstate or foreign commerce with intent to 
     avoid prosecution, or custody or confinement after 
     conviction, under the laws of the place from which the person 
     flees or under section 1114 or 1123, for a crime consisting 
     of the killing, an attempted killing, or a conspiracy to kill 
     a Federal judge or Federal law enforcement officer (as those 
     terms are defined in section 115), or a federally funded 
     public safety officer (as that term is defined in section 
     1123).
       ``(b) Penalty.--Any person that violates subsection (a) 
     shall be fined under this title and imprisoned for any term 
     of years not less than 10, in addition to any other term of 
     imprisonment for any other offense relating to the conduct 
     described in subsection (a).''.
       (B) Clerical amendment.--The table of sections for chapter 
     49 of title 18, United States Code, is amended by adding at 
     the end the following:

``1075. Flight to avoid prosecution for killing prosecutors, judges, 
              and law enforcement officials.''.

       (3) Aggravating factors for homicide.--Section 3592(c) of 
     title 18, United States Code, is amended by inserting after 
     paragraph (16) the following:
       ``(17) Killing of a prosecutor, judge, law enforcement 
     officer, or first responder.--The defendant killed or 
     attempted to kill a person who is authorized by law--
       ``(A) to engage in or supervise the prevention, detention, 
     or investigation of any criminal violation of law;
       ``(B) to arrest, prosecute, or adjudicate an individual for 
     any criminal violation of law; or
       ``(C) to be a firefighter or other first responder.''.
       (4) Federal review of state conviction for murder of a law 
     enforcement officer or judge.--
       (A) In general.--Section 2254 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(j)(1) For an application for a writ of habeas corpus on 
     behalf of a person in custody pursuant to the judgment of a 
     State court for a crime that involved the killing of a public 
     safety officer (as that term is defined in section 1204 of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796b)) or judge, while the public safety officer or 
     judge was engaged in the performance of official duties, or 
     on account of the performance of official duties by or status 
     as a public safety officer or judge of the public safety 
     officer or judge--
       ``(A) the application shall be subject to the time 
     limitations and other requirements under sections 2263, 2264, 
     and 2266; and
       ``(B) the court shall not consider claims relating to 
     sentencing that were adjudicated in a State court.
       ``(2) Sections 2251, 2262, and 2101 are the exclusive 
     sources of authority for Federal courts to stay a sentence of 
     death entered by a State court in a case described in 
     paragraph (1).''.
       (B) Rules.--Rule 11 of the Rules Governing Section 2254 
     Cases in the United States District Courts is amended by 
     adding at the end the following: ``Rule 60(b)(6) of the 
     Federal Rules of Civil Procedure shall not apply to a 
     proceeding under these rules in a case that is described in 
     section 2254(j) of title 28, United States Code.''.
       (C) Finality of determination.--Section 2244(b)(3)(E) of 
     title 28, United States Code, is amended by striking ``the 
     subject of a petition'' and all that follows and inserting: 
     ``reheard in the court of appeals or reviewed by writ of 
     certiorari.''.
       (D) Effective date and applicability.--
       (i) In general.--This paragraph and the amendments made by 
     this paragraph shall apply to any case pending on or after 
     the date of enactment of this Act.
       (ii) Time limits.--In a case pending on the date of 
     enactment of this Act, if the amendments made by this 
     paragraph impose a time limit for taking certain action, the 
     period of which began before the date of enactment of this 
     Act, the period of such time limit shall begin on the date of 
     enactment of this Act.
       (iii) Exception.--The amendments made by this paragraph 
     shall not bar consideration under section 2266(b)(3)(B) of 
     title 28, United States Code, of an amendment to an 
     application for a writ of habeas corpus that is pending on 
     the date of enactment of this Act, if the amendment to the 
     petition was adjudicated by the court prior to the date of 
     enactment of this Act.
       (5) Special penalties for assaulting a federal prosecutor, 
     judge, or law enforcement officer.--
       (A) In general.--Section 111 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 111. Assaulting or interfering with certain officers 
       or employees

       ``(a) Officers and Employees.--
       ``(1) In general.--It shall be unlawful for any person to--
       ``(A) assault or interfere with an officer or employee 
     described in section 1114, while such officer or employee is 
     engaged in, or on account of the performance of, official 
     duties;
       ``(B) assault or interfere with an individual who formerly 
     served as an officer or employee described in section 1114 on 
     account of the performance of official duties; or
       ``(C) assault or interfere with an individual on account of 
     the current or former status of the individual as an officer 
     or employee described in section 1114.
       ``(2) Penalty.--Any person who violates paragraph (1), 
     shall be--
       ``(A) fined under this title;
       ``(B)(i) in the case of an interference or a simple 
     assault, imprisoned for not more than 1 year;
       ``(ii) in the case of an assault involving actual physical 
     contact or the intent to commit any other felony, imprisoned 
     for not more than 10 years;
       ``(iii) in the case of an assault resulting in bodily 
     injury, imprisoned for not more than 20 years; or
       ``(iv) in the case of an assault resulting in substantial 
     bodily injury (as that term is defined in section 113), or if 
     a dangerous weapon was used or possessed during and in 
     relation to the offense (including a weapon intended to cause 
     death or danger but that fails to do so by reason of a 
     defective component), imprisoned for not more than 30 years; 
     or
       ``(C) fined under subparagraph (A) and imprisoned under 
     subparagraph (B).
       ``(b) Law Enforcement Officers and Judges.--
       ``(1) In general.--
       ``(A) Substantial bodily injury.--If the victim of an 
     assault punishable under this section is a Federal law 
     enforcement officer or a United States judge (as those terms 
     are defined in section 115) and the assault resulted in 
     substantial bodily injury (as that term is defined in section 
     113), the offender shall be punished by a fine under this 
     title and imprisonment for not less 5 years nor more than 30 
     years; and
       ``(B) Serious bodily injury.--If the victim of an assault 
     punishable under this section is a Federal law enforcement 
     officer or a United States judge (as those terms are defined 
     in section 115) and the assault resulted in serious bodily 
     injury (as that term is defined in section 2119(2)), or a 
     dangerous weapon was used or possessed during and in relation 
     to the offense, the offender shall be punished by a fine 
     under this title and imprisonment for any term of years not 
     less than 10 or for life.
       ``(2) Imposition of punishment.--Each punishment for 
     criminal conduct described in this subsection shall be in 
     addition to any other punishment for other criminal conduct 
     during the same criminal episode.''.
       (B) Technical and conforming amendment.--The table of 
     sections for chapter 7 of title 18, United States Code, is 
     amended by striking the item relating to section 111 and 
     inserting the following:

``111. Assaulting or interfering with certain officers or employees.''.

       (6) Special penalties for retaliating against a federal 
     prosecutor, judge, or law enforcement officer by murdering or 
     assaulting a family member.--
       (A) In general.--Section 115 of title 18, United States 
     Code, is amended--
       (i) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (ii) by inserting after subsection (b) the following:
       ``(c)(1) If an offense punishable under this section is 
     committed with the intent to impede, intimidate, or interfere 
     with a Federal law enforcement officer or a United States 
     judge while that officer or judge is engaged in the 
     performance of official duties, with

[[Page S2692]]

     the intent to retaliate against that officer or judge or a 
     person who formerly served as such an officer or judge on 
     account of the performance of official duties, or with the 
     intent to retaliate against an individual on account of the 
     current or former status of the individual as such an officer 
     or judge, the offender shall be punished--
       ``(A) in the case of murder, attempted murder, conspiracy 
     to murder, or manslaughter, as provided in section 1114(1);
       ``(B) in the case of kidnapping, attempted kidnapping, or 
     conspiracy to kidnap, as provided in section 1201(a);
       ``(C) in the case of an assault resulting in bodily injury 
     or involving the use or possession of a dangerous weapon 
     during and in relation to the offense, as provided for a 
     comparable offense against a Federal law enforcement officer 
     or United States judge under section 111; and
       ``(D) in the case of any other assault or threat, by a fine 
     under this title and imprisonment for not more than 10 years.
       ``(2) Each punishment for criminal conduct described in 
     this subsection shall be in addition to any other punishment 
     for other criminal conduct during the same criminal 
     episode.''.
       (B) Technical and conforming amendments.--
       (i) Section 119(b)(4) of title 18, United States Code, is 
     amended by striking ``section 115(c)(2)'' and inserting 
     ``section 115''.
       (ii) Section 2237(e)(1) of title 18, United States Code, is 
     amended by striking ``in section 115(c)'' and inserting ``in 
     section 115''.
       (iii) Section 5(a) of the Act entitled ``An Act to promote 
     the development of Indian arts and crafts and to create a 
     board to assist therein, and for other purposes'' (25 U.S.C. 
     305d) is amended by striking ``in section 115(c)'' and 
     inserting ``in section 115''.
       (d) Self-defense Rights for Prosecutors, Judges, and Law 
     Enforcement Officers.--
       (1) In general.--Chapter 203 of title 18, United States 
     Code, is amended by inserting after section 3053 the 
     following:

     ``Sec. 3054. Authority of judges, prosecutors, and law 
       enforcement officers to carry firearms

       ``Subject to such regulations as the Attorney General shall 
     prescribe regarding training and proficiency in the use of 
     firearms, any officer, agent, or employee of the United 
     States, a State, or a political subdivision thereof, who is 
     authorized by law to engage in or supervise the prevention, 
     detection, investigation, prosecution, or adjudication of any 
     violation of law may carry firearms. Such authority to carry 
     firearms shall extend, but not be limited to presence within 
     any building or structure classified as a Federal facility or 
     Federal court facility, as those terms are defined under 
     section 930, and any grounds appurtenant to such a facility, 
     where such possession is otherwise authorized by law and 
     incident to the lawful performance of the official duties of 
     that person.''.
       (2) Carrying of concealed firearms by qualified law 
     enforcement officers.--Section 926B(e)(2) of title 18, United 
     States Code, is amended by inserting ``any magazine and'' 
     after ``includes''.
       (3) Carrying of concealed firearms by qualified retired law 
     enforcement officers.--Section 926C(e)(1)(B) of title 18, 
     United States Code, is amended by inserting ``any magazine 
     and'' after ``includes''.
       (4) School zones.--Section 922(q)(2)(B)(vi) title 18, 
     United States Code, is amended by inserting ``, a qualified 
     law enforcement officer (as defined in section 926B(c)), or a 
     qualified retired law enforcement officer (as defined in 
     section 926C(c))'' before the semicolon.
       (5) Regulations required.--Not later than 60 days after the 
     date of enactment of this Act, the Attorney General shall 
     promulgate regulations allowing persons described in section 
     3054 of title 18, United States Code, to possess firearms in 
     a manner described by that section. With respect to Federal 
     justices, judges, bankruptcy judges, and magistrate judges, 
     such regulations shall be prescribed after consultation with 
     the Judicial Conference of the United States.
       (6) Technical and conforming amendment.--The table of 
     sections for chapter 203 of title 18, United States Code, is 
     amended by inserting after the item relating to section 3053 
     the following:

``3054. Authority of judges, prosecutors, and law enforcement officers 
              to carry firearms.''.

       (e) Limitation on Damages Incurred During Commission of a 
     Felony or Crime of Violence.--
       (1) In general.--Section 1979 of the Revised Statutes (42 
     U.S.C. 1983) is amended by--
       (A) striking ``except that in any action'' and all that 
     follows through ``relief was unavailable.'' and inserting the 
     following: ``except that--
       ``(1) in any action brought against a judicial officer for 
     an act or omission taken in the judicial capacity of that 
     officer, injunctive relief shall not be granted unless a 
     declaratory decree was violated or declaratory relief was 
     unavailable; and
       ``(2) in any action seeking redress for any deprivation 
     that was incurred in the course of, or as a result of, or is 
     related to, conduct by the injured party that, more likely 
     than not, constituted a felony or a crime of violence (as 
     that term is defined in section 16 of title 18, United States 
     Code) (including any deprivation in the course of arrest or 
     apprehension for, or the investigation, prosecution, or 
     adjudication of, such an offense), a court may not award 
     damages other than for necessary out-of-pocket expenditures 
     and other monetary loss.''; and
       (B) indenting the last sentence as an undesignated 
     paragraph.
       (2) Attorney's fees.--Section 722(b) of the Revised 
     Statutes (42 U.S.C. 1988(b)) is amended by striking ``except 
     that in any action'' and all that follows and inserting the 
     following: ``except that--
       ``(1) in any action brought against a judicial officer for 
     an act or omission taken in the judicial capacity of that 
     officer, such officer shall not be held liable for any costs, 
     including attorneys fees, unless such action was clearly in 
     excess of the jurisdiction of that officer; and
       ``(2) in any action seeking redress for any deprivation 
     that was incurred in the course of, or as a result of, or is 
     related to, conduct by the injured party that, more likely 
     than not, constituted a felony or a crime of violence (as 
     that term is defined in section 16 of title 18, United States 
     Code) (including any deprivation in the course of arrest or 
     apprehension for, or the investigation, prosecution, or 
     adjudication of, such an offense), the court may not allow 
     such party to recover attorney's fees.''.
       (f) Self-defense Rights for Federal Correctional Workers.--
       (1) In general.--Chapter 303 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 4049. Secure firearms storage for Federal correctional 
       workers

       ``The Director of the Bureau of Prisons shall ensure that 
     each Federal penal or correctional institution provides a 
     secure firearms storage area for use by all persons employed 
     by the Bureau of Prisons at the institution who are 
     authorized to carry a firearm, or allow such persons to store 
     firearms in a vehicle lockbox approved by the Director.''.
       (2) Clerical amendment.--The table of sections for chapter 
     303 of title 18, United States Code, is amended by adding at 
     the end the following:

``4049. Secure firearms storage for Federal correctional workers.''.
                                 ______
                                 
  SA 722. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 649, to ensure that all individuals who should be 
prohibited from buying a firearm are listed in the national instant 
criminal background check system and require a background check for 
every firearm sale, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. HEALTH CARE SAFETY NET ENHANCEMENT.

       (a) Constitutional Authority.--The constitutional authority 
     upon which this section rests is the power of the Congress to 
     provide for the general welfare, to regulate commerce, and to 
     make all laws which shall be necessary and proper for 
     carrying into execution Federal powers, as enumerated in 
     section 8 of article I of the Constitution of the United 
     States.
       (b) Protection for Emergency and Related Services Furnished 
     Pursuant to EMTALA.--Section 224(g) of the Public Health 
     Service Act (42 U.S.C. 233(g)) is amended--
       (1) in paragraph (4), by striking ``An entity'' and 
     inserting ``Subject to paragraph (6), an entity''; and
       (2) by adding at the end the following:
       ``(6)(A) For purposes of this section--
       ``(i) an entity described in subparagraph (B) shall be 
     considered to be an entity described in paragraph (4); and
       ``(ii) the provisions of this section shall apply to an 
     entity described in subparagraph (B) in the same manner as 
     such provisions apply to an entity described in paragraph 
     (4), except that--
       ``(I) notwithstanding paragraph (1)(B), the deeming of any 
     entity described in subparagraph (B), or of an officer, 
     governing board member, employee, contractor, or on-call 
     provider of such an entity, to be an employee of the Public 
     Health Service for purposes of this section shall apply only 
     with respect to items and services that are furnished to an 
     individual pursuant to section 1867 of the Social Security 
     Act and to post stabilization services (as defined in 
     subparagraph (D)) furnished to such an individual;
       ``(II) nothing in paragraph (1)(D) shall be construed as 
     preventing a physician or physician group described in 
     subparagraph (B)(ii) from making the application referred to 
     in such paragraph or as conditioning the deeming of a 
     physician or physician group that makes such an application 
     upon receipt by the Secretary of an application from the 
     hospital or emergency department that employs or contracts 
     with the physician or group, or enlists the physician or 
     physician group as an on-call provider;
       ``(III) notwithstanding paragraph (3), this paragraph shall 
     apply only with respect to causes of action arising from acts 
     or omissions that occur on or after January 1, 2014;
       ``(IV) paragraph (5) shall not apply to a physician or 
     physician group described in subparagraph (B)(ii);
       ``(V) the Attorney General, in consultation with the 
     Secretary, shall make separate estimates under subsection 
     (k)(1) with respect to entities described in subparagraph (B) 
     and entities described in paragraph (4) (other

[[Page S2693]]

     than those described in subparagraph (B)), and the Secretary 
     shall establish separate funds under subsection (k)(2) with 
     respect to such groups of entities, and any appropriations 
     under this subsection for entities described in subparagraph 
     (B) shall be separate from the amounts authorized by 
     subsection (k)(2);
       ``(VI) notwithstanding subsection (k)(2), the amount of the 
     fund established by the Secretary under such subsection with 
     respect to entities described in subparagraph (B) may exceed 
     a total of $10,000,000 for a fiscal year; and
       ``(VII) subsection (m) shall not apply to entities 
     described in subparagraph (B).
       ``(B) An entity described in this subparagraph is--
       ``(i) a hospital or an emergency department to which 
     section 1867 of the Social Security Act applies; and
       ``(ii) a physician or physician group that is employed by, 
     is under contract with, or is an on-call provider of such 
     hospital or emergency department, to furnish items and 
     services to individuals under such section.
       ``(C) For purposes of this paragraph, the term `on-call 
     provider' means a physician or physician group that--
       ``(i) has full, temporary, or locum tenens staff privileges 
     at a hospital or emergency department to which section 1867 
     of the Social Security Act applies; and
       ``(ii) is not employed by or under contract with such 
     hospital or emergency department, but agrees to be ready and 
     available to provide services pursuant to section 1867 of the 
     Social Security Act or post-stabilization services to 
     individuals being treated in the hospital or emergency 
     department with or without compensation from the hospital or 
     emergency department.
       ``(D) For purposes of this paragraph, the term `post 
     stabilization services' means, with respect to an individual 
     who has been treated by an entity described in subparagraph 
     (B) for purposes of complying with section 1867 of the Social 
     Security Act, services that are--
       ``(i) related to the condition that was so treated; and
       ``(ii) provided after the individual is stabilized in order 
     to maintain the stabilized condition or to improve or resolve 
     the condition of the individual.
       ``(E)(i) Nothing in this paragraph (or in any other 
     provision of this section as such provision applies to 
     entities described in subparagraph (B) by operation of 
     subparagraph (A)) shall be construed as authorizing or 
     requiring the Secretary to make payments to such entities, 
     the budget authority for which is not provided in advance by 
     appropriation Acts.
       ``(ii) The Secretary shall limit the total amount of 
     payments under this paragraph for a fiscal year to the total 
     amount appropriated in advance by appropriation Acts for such 
     purpose for such fiscal year. If the total amount of payments 
     that would otherwise be made under this paragraph for a 
     fiscal year exceeds such total amount appropriated, the 
     Secretary shall take such steps as may be necessary to ensure 
     that the total amount of payments under this paragraph for 
     such fiscal year does not exceed such total amount 
     appropriated.''.
                                 ______
                                 
  SA 723. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 649, to ensure that all individuals who should be 
prohibited from buying a firearm are listed in the national instant 
criminal background check system and require a background check for 
every firearm sale, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. BACKGROUND CHECKS FOR INDIVIDUALS WITH CONCEALED 
                   CARRY PERMITS.

       (a) Finding.--Congress finds that background checks under 
     the national instant criminal background check system have 
     proven to produce false positive results for individuals with 
     similar names.
       (b) Conceal Carry Permits.--Section 922(s) of title 18, 
     United States Code, as redesignated and amended by this Act, 
     is amended--
       (1) in paragraph (1)(A), by inserting ``is provided a 
     covered conceal carry permit or license of such other person 
     or'' after ``the licensee''; and
       (2) by adding at the end the following:
       ``(8) In this subsection, the term `covered conceal carry 
     permit or license' means a permit or license issued by a 
     State--
       ``(A) that authorizes an individual to carry a concealed 
     firearm;
       ``(B) after conducting a criminal background check; and
       ``(C) not more than 5 years before the date of the 
     applicable transfer.''.
                                 ______
                                 
  SA 724. Mr. REID (for Mr. Lautenberg (for himself, Mr. Whitehouse, 
Mr. Menendez, Mr. Cowan, Mrs. Boxer, Mr. Reed, Ms. Warren, and Mr. 
Blumenthal)) submitted an amendment intended to be proposed by Mr. Reid 
of NV to the bill S. 649, to ensure that all individuals who should be 
prohibited from buying a firearm are listed in the national instant 
criminal background check system and require a background check for 
every firearm sale, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

   TITLE IV--DENYING FIREARMS AND EXPLOSIVES TO DANGEROUS TERRORISTS

     SECTION 401. SHORT TITLE.

       This title may be cited as the ``Denying Firearms and 
     Explosives to Dangerous Terrorists Act of 2013''.

     SEC. 402. 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(s)(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(s)(3).

       ``The Attorney General may determine that--
       ``(1) an applicant for a firearm permit which would qualify 
     for an exemption under section 922(s) 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 defined in section 2331 
     of this title.
       ``(37) The term `material support or resources' has the 
     meaning given the term 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(s)(3).''.
       (b) Effect of Attorney General Discretionary Denial Through 
     the National Instant Criminal Background Check System (NICS) 
     on Firearms Permits.--Section 922(s) 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, as amended by this Act, is 
     amended--
       (1) in paragraph (10), by striking ``or'' at the end;

[[Page S2694]]

       (2) in paragraph (11), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(12) 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)(1) of title 18, United 
     States Code, as amended by this Act, is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by striking the comma at the end 
     and inserting ``; or''; and
       (3) by inserting after subparagraph (C) the following:
       ``(D) 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 section 922(s) 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

[[Page S2695]]

       ``(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 title.
       (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 title, 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).

                          ____________________