[Congressional Record Volume 161, Number 175 (Thursday, December 3, 2015)]
[Senate]
[Pages S8400-S8402]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2910. Mrs. FEINSTEIN (for herself, Mr. Whitehouse, Mr. Reed, Mrs.
Gillibrand, Mr. Schumer, Mr. Durbin, Mr. Murphy, Mr. Blumenthal, Mrs.
Boxer, Mr. Menendez, Ms. Warren, Mr. Markey, Mr. Schatz, Ms. Hirono,
Ms. Klobuchar, Mr. Franken, Mr. Warner, Mr. Kaine, Mr. King, Ms.
Mikulski, Mrs. McCaskill, Mr. Brown, Mr. Casey, Mr. Sanders, Mrs.
Murray, and Ms. Baldwin) submitted an amendment intended to be proposed
to amendment SA 2874 proposed by Mr. McConnell to the bill H.R. 3762,
to provide for reconciliation pursuant to section 2002 of the
concurrent resolution on the budget for fiscal year 2016; as follows:
In lieu of the matter proposed to be inserted, insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Denying Firearms and
Explosives to Dangerous Terrorists Act of 2015''.
SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY
THE SALE, DELIVERY, OR TRANSFER OF A FIREARM OR
THE ISSUANCE OF A FIREARMS OR EXPLOSIVES
LICENSE OR PERMIT TO DANGEROUS TERRORISTS.
(a) Standard for Exercising Attorney General Discretion
Regarding Transferring Firearms or Issuing Firearms Permits
to Dangerous Terrorists.--Chapter 44 of title 18, United
States Code, is amended--
(1) by inserting after section 922 the following:
``Sec. 922A. Attorney General's discretion to deny transfer
of a firearm
``The Attorney General may deny the transfer of a firearm
under section 922(t)(1)(B)(ii) of this title if the Attorney
General--
``(1) determines that the transferee is known (or
appropriately suspected) to be or have been engaged in
conduct constituting, in preparation for, in aid of, or
related to terrorism, or providing material support or
resources for terrorism; and
``(2) has a reasonable belief that the prospective
transferee may use a firearm in connection with terrorism.
``Sec. 922B. Attorney General's discretion regarding
applicants for firearm permits which would qualify for the
exemption provided under section 922(t)(3)
``The Attorney General may determine that--
``(1) an applicant for a firearm permit which would qualify
for an exemption under
[[Page S8401]]
section 922(t)(3) 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(t)(3).''.
(b) Effect of Attorney General Discretionary Denial Through
the National Instant Criminal Background Check System (NICS)
on Firearms Permits.--Section 922(t) of title 18, United
States Code, is amended--
(1) in paragraph (1)(B)(ii), by inserting ``or State law,
or that the Attorney General has determined to deny the
transfer of a firearm pursuant to section 922A of this
title'' before the semicolon;
(2) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``, or if the Attorney General has not
determined to deny the transfer of a firearm pursuant to
section 922A of this title'' after ``or State law'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) in subclause (I), by striking ``and'' at the end; and
(II) by adding at the end the following:
``(III) was issued after a check of the system established
pursuant to paragraph (1);'';
(ii) in clause (ii), by inserting ``and'' after the
semicolon; and
(iii) by adding at the end the following:
``(iii) the State issuing the permit agrees to deny the
permit application if such other person is the subject of a
determination by the Attorney General pursuant to section
922B of this title;'';
(4) in paragraph (4), by inserting ``, or if the Attorney
General has not determined to deny the transfer of a firearm
pursuant to section 922A of this title'' after ``or State
law''; and
(5) in paragraph (5), by inserting ``, or if the Attorney
General has determined to deny the transfer of a firearm
pursuant to section 922A of this title'' after ``or State
law''.
(c) Unlawful Sale or Disposition of Firearm Based Upon
Attorney General Discretionary Denial.--Section 922(d) of
title 18, United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(10) has been the subject of a determination by the
Attorney General under section 922A, 922B, 923(d)(3), or
923(e) of this title.''.
(d) Attorney General Discretionary Denial as Prohibitor.--
Section 922(g) of title 18, United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the comma at the end and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) who has received actual notice of the Attorney
General's determination made under section 922A, 922B,
923(d)(3) or 923(e) of this title,''.
(e) Attorney General Discretionary Denial of Federal
Firearms Licenses.--Section 923(d) of title 18, United States
Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``Any'' and inserting ``Except as provided
in paragraph (3), any''; and
(2) by adding at the end the following:
``(3) The Attorney General may deny a license application
if the Attorney General determines that the applicant
(including any responsible person) is known (or appropriately
suspected) to be or have been engaged in conduct
constituting, in preparation for, in aid of, or related to
terrorism, or providing material support or resources for
terrorism, and the Attorney General has a reasonable belief
that the applicant may use a firearm in connection with
terrorism.''.
(f) Discretionary Revocation of Federal Firearms
Licenses.--Section 923(e) of title 18, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(e)'';
(2) by striking ``revoke any license'' and inserting the
following: ``revoke--
``(A) any license'';
(3) by striking ``. The Attorney General may, after notice
and opportunity for hearing, revoke the license'' and
inserting the following: ``;
``(B) the license''; and
(4) by striking ``. The Secretary's action'' and inserting
the following: ``; or
``(C) any license issued under this section if the Attorney
General determines that the holder of such license (including
any responsible person) is known (or appropriately suspected)
to be or have been engaged in conduct constituting, in
preparation for, in aid of, or related to terrorism or
providing material support or resources for terrorism, and
the Attorney General has a reasonable belief that the
applicant may use a firearm in connection with terrorism.
``(2) The Attorney General's action''.
(g) Attorney General's Ability To Withhold Information in
Firearms License Denial and Revocation Suit.--
(1) In general.--Section 923(f)(1) of title 18, United
States Code, is amended by inserting after the first sentence
the following: ``However, if the denial or revocation is
pursuant to subsection (d)(3) or (e)(1)(C), any information
upon which the Attorney General relied for this determination
may be withheld from the petitioner, if the Attorney General
determines that disclosure of the information would likely
compromise national security.''.
(2) Summaries.--Section 923(f)(3) of title 18, United
States Code, is amended by inserting after the third sentence
the following: ``With respect to any information withheld
from the aggrieved party under paragraph (1), the United
States may submit, and the court may rely upon, summaries or
redacted versions of documents containing information the
disclosure of which the Attorney General has determined would
likely compromise national security.''.
(h) Attorney General's Ability To Withhold Information in
Relief From Disabilities Lawsuits.--Section 925(c) of title
18, United States Code, is amended by inserting after the
third sentence the following: ``If the person is subject to a
disability under section 922(g)(10) of this title, any
information which the Attorney General relied on for this
determination may be withheld from the applicant if the
Attorney General determines that disclosure of the
information would likely compromise national security. In
responding to the petition, the United States may submit, and
the court may rely upon, summaries or redacted versions of
documents containing information the disclosure of which the
Attorney General has determined would likely compromise
national security.''.
(i) Penalties.--Section 924(k) of title 18, United States
Code, is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the comma at the end and
inserting ``; or''; and
(3) by inserting after paragraph (3) the following:
``(4) constitutes an act of terrorism, or providing
material support or resources for terrorism,''.
(j) Remedy for Erroneous Denial of Firearm or Firearm
Permit Exemption.--
(1) In general.--Section 925A of title 18, United States
Code, is amended--
(A) in the section heading, by striking ``Remedy for
erroneous denial of firearm'' and inserting ``Remedies'';
(B) by striking ``Any person denied a firearm pursuant to
subsection (s) or (t) of section 922'' and inserting the
following:
``(a) Except as provided in subsection (b), any person
denied a firearm pursuant to subsection (t) of section 922 or
a firearm permit pursuant to a determination made under
section 922B''; and
(C) by adding at the end the following:
``(b) In any case in which the Attorney General has denied
the transfer of a firearm to a prospective transferee
pursuant to section 922A of this title or has made a
determination regarding a firearm permit applicant pursuant
to section 922B of this title, an action challenging the
determination may be brought against the United States. The
petition shall be filed not later than 60 days after the
petitioner has received actual notice of the Attorney
General's determination under section 922A or 922B of this
title. The court shall sustain the Attorney General's
determination upon a showing by the United States by a
preponderance of evidence that the Attorney General's
determination satisfied the requirements of section 922A or
922B, as the case may be. To make this showing, the United
States may submit, and the court may rely upon, summaries or
redacted versions of documents containing information the
disclosure of which the Attorney General has determined would
likely compromise national security. Upon request of the
petitioner or the court's own motion, the court may review
the full, undisclosed documents ex parte and in camera. The
court shall determine whether the summaries or redacted
versions, as the case may be, are fair and accurate
representations of the underlying documents. The court shall
not consider the full, undisclosed documents in deciding
whether the Attorney General's determination satisfies the
requirements of section 922A or 922B.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 44 of title 18, United States Code, is
amended by striking the item relating to section 925A and
inserting the following:
``925A. Remedies.''.
(k) Provision of Grounds Underlying Ineligibility
Determination by the National Instant Criminal Background
Check System.--Section 103 of the Brady Handgun Violence
Prevention Act (18 U.S.C. 922 note) is amended--
(1) in subsection (f)--
[[Page S8402]]
(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 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).
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