[Congressional Record Volume 162, Number 96 (Thursday, June 16, 2016)]
[Senate]
[Pages S4315-S4316]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4749. Mr. McCONNELL (for Mr. Cornyn) proposed an amendment to 
amendment SA 4720 proposed by 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) to the amendment SA 4685 proposed by Mr. Shelby (for himself and 
Ms. Mikulski) to the bill H.R.

[[Page S4316]]

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; as follows:

       At the end add the following:
       Sec. 5__.  Hereafter, the Attorney General shall establish 
     a process by which--
       (1) the Attorney General and Federal, State, and local law 
     enforcement are immediately notified, as appropriate, of any 
     request to transfer a firearm or explosive to a person who 
     is, or within the previous 5 years was, investigated as a 
     known or suspected terrorist;
       (2) the Attorney General may delay the transfer of the 
     firearm or explosive for a period not to exceed 3 business 
     days and file an emergency petition in a court of competent 
     jurisdiction to prevent the transfer of the firearm or 
     explosive, and such emergency petition and subsequent hearing 
     shall receive the highest possible priority on the docket of 
     the court of competent jurisdiction and be subject to the 
     Classified Information Procedures Act (18 U.S.C. App.);
       (3) the transferee receives actual notice of the hearing 
     and is provided with an opportunity to participate with 
     counsel and the emergency petition shall be granted if the 
     court finds that there is probable cause to believe that the 
     transferee has committed, conspired to commit, attempted to 
     commit, or will commit an act of terrorism, and if the 
     petition is denied, the Government shall be responsible for 
     all reasonable costs and attorneys' fees;
       (4) the Attorney General may arrest and detain the 
     transferee for whom an emergency petition has been filed 
     where probable cause exists to believe that the individual 
     has committed, conspired to commit, or attempted to commit an 
     act of terrorism; and
       (5) the Director of the Federal Bureau of Investigation 
     annually reviews and certifies the identities of known or 
     suspected terrorists under this section and the 
     appropriateness of such designation.
                                 ______