[Congressional Record Volume 162, Number 95 (Wednesday, June 15, 2016)]
[Senate]
[Page S4010]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4720. Mrs. FEINSTEIN (for herself, Mr. Leahy, Mr. Nelson, Mr. 
Reid, Mr. Durbin, Mr. Schumer, Ms. Mikulski, Mrs. Boxer, Mr. Udall, Mr. 
Carper, Mr. Markey, Mr. Menendez, Mr. Coons, Mr. Blumenthal, Mrs. 
Murray, Mr. Brown, Mr. Schatz, Ms. Klobuchar, Mr. Murphy, Mrs. 
McCaskill, Mr. Heinrich, Mr. Franken, Mr. Booker, and Mr. Kaine) 
submitted an amendment intended to be proposed to amendment SA 4685 
proposed by Mr. McConnell (for Mr. Shelby (for himself and Ms. 
Mikulski)) to the bill H.R. 2578, making appropriations for the 
Departments of Commerce and Justice, Science, and Related Agencies for 
the fiscal year ending September 30, 2016, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  Hereafter, the Attorney General may deny the 
     transfer of a firearm if the Attorney General determines, 
     based on the totality of the circumstances, that the 
     transferee represents a threat to public safety based on a 
     reasonable suspicion that the transferee is engaged, or has 
     been engaged, in conduct constituting, in preparation for, in 
     aid of, or related to terrorism, or providing material 
     support or resources therefor. For purposes of sections 
     922(t)(1), (2), (5), and (6) and 925A of title 18, United 
     States Code, and section 103(g) of Public Law 103-159 (18 
     U.S.C. 922 note), a denial by the Attorney General pursuant 
     to this provision shall be treated as equivalent to a 
     determination that receipt of a firearm would violate section 
     (g) or (n) of section 922 of title 18, United States Code, or 
     State law. A denial described in this section shall be 
     subject to the remedial procedures set forth in section 
     103(g) of Public Law 103-159 (18 U.S.C. 922 note) and the 
     intended transferee may pursue a remedy for an erroneous 
     denial of a firearm under section 925A of title 18, United 
     States Code. Notwithstanding any other provision of law, such 
     remedial procedures and judicial review shall be subject to 
     procedures that may be developed by the Attorney General to 
     prevent the unauthorized disclosure of information that 
     reasonably could be expected to result in damage to national 
     security or ongoing law enforcement operations, including but 
     not limited to procedures for submission of information to 
     the court ex parte as appropriate, consistent with due 
     process. The Attorney General shall establish, within the 
     amounts appropriated, procedures to ensure that, if an 
     individual who is, or within the previous 5 years has been, 
     under investigation for conduct related to a Federal crime of 
     terrorism, as defined in section 2332b(g)(5) of title 18, 
     United States Code, attempts to purchase a firearm, the 
     Attorney General or a designee of the Attorney General shall 
     be promptly notified of the attempted purchase.

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