I 

114TH CONGRESS 

2D SESSION H. R. 5576 

To authorize the Attorney General to deny the transfer of firearms and 

explosives and Federal firearms and explosives licenses and permits to 

known or suspected terrorists. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2016 

Mr. CURBELO of Florida (for himself, Mr. MOULTON, Mr. KING of New York, 

Mr. DOLD, Mr. THOMPSON of California, Mr. RIGELL, Ms. KELLY of Illinois, Mr. CARNEY, and Ms. GABBARD) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To authorize the Attorney General to deny the transfer of 

firearms and explosives and Federal firearms and explosives licenses and permits to known or suspected terrorists. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DISCRETIONARY AUTHORITY TO DENY TRANS4 FERS OF FIREARMS, EXPLOSIVES, AND FIRE5 ARMS AND EXPLOSIVES LICENSES AND PER6 MITS TO TERRORISTS. 

7 (a) AUTHORITY.— 


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1 (1) IN GENERAL.—On and after the date of en2 actment of this Act, in accordance with the proce3 dures under this section, and without regard to sec4 tion 842, 843, section 922 (g) or (n), or section 923 

5 of title 18, United States Code, the Attorney Gen6 eral may deny the transfer of a firearm, not later 

7 than 3 business days after a licensee under chapter 

8 44 of title 18, United States Code, contacts the na9 tional instant criminal background check system es10 tablished under section 103 of Public Law 103–159 

11 (18 U.S.C. 922 note), deny the transfer of an explo12 sive, or deny the issuance of a Federal firearms or 

13 explosives license or permit, if either of the following 

14 are met: 

15 (A) NO FLY LIST.—The Attorney General 

16 determines that the transferee or applicant— 

17 (i) based on the totality of the cir18 cumstances, represents a threat to public 

19 safety based on a reasonable suspicion that 

20 the transferee or applicant is engaged, or 

21 has been engaged, in conduct constituting, 

22 in preparation of, in aid of, or related to 

23 terrorism, or providing material support or 

24 resources therefor; and 


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1 (ii) based on credible information, 

2 poses— 

3 (I) a threat of committing an act 

4 of international terrorism or domestic 

5 terrorism with respect to an aircraft 

6 (including a threat of piracy, or a 

7 threat to airline, passenger, or civil 

8 aviation security); 

9 (II) a threat of committing an 

10 act of domestic terrorism with respect 

11 to the homeland; 

12 (III) a threat of committing an 

13 act of international terrorism against 

14 any United States Government facility 

15 abroad and associated or supporting 

16 personnel, including United States 

17 embassies, consulates and missions, 

18 military installations, United States 

19 ships, United States aircraft, or other 

20 auxiliary craft owned or leased by the 

21 United States Government; or 

22 (IV) a threat of engaging in or 

23 conducting a violent act of terrorism 

24 and is operationally capable of doing 

25 so. 


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1 (B) SELECTEE LIST.—The Attorney Gen2 eral determines that the transferee or appli3 cant— 

4 (i) based on the totality of the cir5 cumstances, represents a threat to public 

6 safety based on a reasonable suspicion that 

7 the transferee or applicant is engaged, or 

8 has been engaged, in conduct constituting, 

9 in preparation of, in aid of, or related to 

10 terrorism, or providing material support or 

11 resources therefor; and 

12 (ii) based on credible information, 

13 is— 

14 (I) a member of a terrorist orga15 nization (including a foreign terrorist 

16 organization designated pursuant to a 

17 statute or Executive Order); and 

18 (II) associated with terrorist ac19 tivity, unless information exists that 

20 demonstrates that the application of 

21 secondary screening to such individual 

22 is not necessary. 

23 (2) NICS.—Solely for purposes of sections 

24 922(t) (1), (2), (5), and (6) of title 18, United 

25 States Code, and section 103(g) of Public Law 103– 


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1 159 (18 U.S.C. 922 note), a denial by the Attorney 

2 General under paragraph (1) shall be treated as 

3 equivalent to a determination that receipt of a fire4 arm would violate subsection (g) or (n) of section 

5 922 of title 18, United States Code. During the 3- 

6 business-day period beginning when a licensee under 

7 chapter 44 of title 18, United States Code, contacts 

8 the national instant criminal background check sys9 tem established under section 103 of Public Law 

10 103–159 (18 U.S.C. 922 note), and notwithstanding 

11 section 922(t)(2) of title 18, United States Code, the 

12 Attorney General may delay assigning a unique iden13 tification number to a transfer of a firearm in order 

14 to determine whether the transferee or applicant 

15 meets the requirements under paragraph (1). 

16 (b) NOTIFICATION OF PROSPECTIVE FIREARMS AND

17 EXPLOSIVES TRANSFERS TO KNOWN OR SUSPECTED

18 TERRORIST.—The Attorney General and Federal, State, 

19 and local law enforcement shall be immediately notified, 

20 as appropriate, of any request to transfer a firearm or ex21 plosive to a person who is, or with in the previous 5 years 

22 was, identified in the Terrorist Screening Database main23 tained by the Terrorist Screening Center of the Federal 

24 Bureau of Investigation. 

25 (c) REVIEW OF DENIAL.— 


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1 (1) REMEDIAL PROCEDURES AND PETITION

2 FOR REVIEW.— 

3 (A) IN GENERAL.—An individual who is a 

4 citizen or lawful permanent resident of the 

5 United States who seeks to challenge a denial 

6 by the Attorney General under subsection 

7 (a)(1) may— 

8 (i) pursue the remedial procedures 

9 under section 103(g) of Public Law 103– 

10 159 (18 U.S.C. 922 note); or 

11 (ii) file a petition for review and any 

12 claims related to that petition in the 

13 United States District Court for the Dis14 trict of Columbia or in the district court of 

15 the United States for the judicial district 

16 in which the individual resides. 

17 (B) EXHAUSTION NOT REQUIRED.—A peti18 tioner is not required to exhaust the remedial 

19 procedures authorized under clause (i) of sub20 paragraph (A) before filing a petition for review 

21 under clause (ii) of subparagraph (A). 

22 (C) PROCEDURES.—Notwithstanding any 

23 other provision of law, the Attorney General 

24 may promulgate regulations governing pro25 ceedings under subparagraph (A)(i) to prevent 


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1 the unauthorized disclosure of information that 

2 reasonably could be expected to result in dam3 age to national security or ongoing law enforce4 ment operations. 

5 (2) DEADLINES FOR FILING.— 

6 (A) IN GENERAL.—Except as provided in 

7 subparagraph (B), a petition for review under 

8 paragraph (1)(A)(ii), and any claims related to 

9 that petition, shall be filed not later than the 

10 earlier of— 

11 (i) 1 year after the petitioner receives 

12 actual notice of the reason for the denial 

13 by the Attorney General; or 

14 (ii) 5 years after the petitioner re15 ceives notice of the denial by the Attorney 

16 General. 

17 (B) EXCEPTION.—The district court in 

18 which a petition for review is to be filed under 

19 paragraph (1)(A)(ii) may allow the petition to 

20 be filed after the deadline specified in subpara21 graph (A) only if there is good cause for not fil22 ing by that deadline. 

23 (3) AUTHORITY OF DISTRICT COURTS.—The 

24 district court in which a petition for review is filed 

25 under paragraph (1)(A)(ii)— 


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1 (A) shall have— 

2 (i) jurisdiction to decide all relevant 

3 questions of law and fact; and 

4 (ii) exclusive jurisdiction to affirm, 

5 amend, modify, or set aside any part of the 

6 denial of the Attorney General that is the 

7 subject of the petition for review; and 

8 (B) may order the Attorney General to 

9 conduct further proceedings. 

10 (4) EXCLUSIVE JURISDICTION.— 

11 (A) IN GENERAL.—No district court of the 

12 United States or court of appeals of the United 

13 States shall have jurisdiction to consider the 

14 lawfulness or constitutionality of this section ex15 cept pursuant to a petition for review under 

16 subsection (c)(1)(A)(ii). 

17 (B) NONCITIZENS.—No district court of 

18 the United States or court of appeals of the 

19 United States shall have jurisdiction to hear 

20 any claim by an individual who is not a citizen 

21 or lawful permanent resident of the United 

22 States related to or arising out a denial by the 

23 Attorney General under subsection (a)(1). 

24 (d) REQUIREMENT FOR AN ADMINISTRATIVE

25 RECORD AND PROCEDURES FOR JUDICIAL REVIEW.— 


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1 Notwithstanding any other provision of law, the following 

2 procedures shall apply with respect to a petition for review 

3 filed in a district court under subsection (c)(1)(A)(ii): 

4 (1) The United States shall file with the court 

5 an administrative record, which shall consist of— 

6 (A) the information the Attorney General 

7 relied upon in denying the transfer or applica8 tion; 

9 (B) a summary of known material mitiga10 tion information; 

11 (C) any information the petitioner has sub12 mitted pursuant to any administrative process; 

13 and 

14 (D) any information determined relevant 

15 by the United States. 

16 (2)(A) The petitioner may file with the court 

17 any information determined relevant by the peti18 tioner. 

19 (B) With leave of the court, the United States 

20 may supplement the administrative record with addi21 tional information. 

22 (3) All information in the administrative record 

23 that is not classified and is not otherwise privileged 

24 or subject to statutory protections shall be provided 

25 to the petitioner. 


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1 (4) No discovery shall be permitted, unless the 

2 court shall determine extraordinary circumstances 

3 requires discovery in the interests of justice. 

4 (5) Sensitive security information contained in 

5 the administrative record may only be provided to 

6 petitioner’s counsel, pursuant to a protective order. 

7 (6)(A) The administrative record may include 

8 classified information, which the United States shall 

9 submit to the court in camera and ex parte. The 

10 court shall review all classified information in cam11 era and ex parte unless it enters an order under 

12 subparagraph (C). 

13 (B) The United States shall notify the peti14 tioner if the administrative record filed under para15 graph (1) contains classified information. 

16 (C) The court is authorized to determine the 

17 extent to which cleared counsel shall be permitted to 

18 access classified information necessary to protect the 

19 due process rights of a petitioner and enter an ap20 propriate order. 

21 (D)(i) If the court enters an order under sub22 paragraph (C) providing for the disclosure of infor23 mation and the United States files with the court an 

24 affidavit of the Attorney General objecting to the 


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1 disclosure, the court shall order that the information 

2 not be disclosed. 

3 (ii) If information is not disclosed under clause 

4 (i), the court shall enter such an order as the inter5 ests of justice require, which may include an order 

6 quashing the denial by the Attorney General under 

7 subsection (a)(1). 

8 (iii) An order under subparagraph (C) or clause 

9 (ii) of this subparagraph shall be subject to review 

10 by a court of appeals pursuant to section 1292 of 

11 title 28, United States Code. 

12 (iv) An order under clause (ii) shall be adminis13 tratively stayed for 7 days. 

14 (v) The functions and duties of the Attorney 

15 General under this subparagraph— 

16 (I) may be exercised by the Deputy Attor17 ney General, the Associate Attorney General, or 

18 by an Assistant Attorney General designated by 

19 the Attorney General for such purpose; and 

20 (II) may not be delegated to any other offi21 cial. 

22 (E) Any information disclosed under subpara23 graph (C) shall be subject to an appropriate protec24 tive order. 


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1 (7)(A) The administrative record may include 

2 information obtained or derived from an order issued 

3 under the Foreign Intelligence Surveillance Act of 

4 1978 (50 U.S.C. 1801 et seq.), without regard to 

5 subsections (c), (e), (f), (g), and (h) of section 106 

6 (50 U.S.C. 1806), subsections (d), (f), (g), (h), and 

7 (i) of section 305 (50 U.S.C. 1825), subsections (c), 

8 (e), (f), (g), and (h) of section 405 (50 U.S.C. 

9 1845), and section 706 (50 U.S.C. 1881e) of that 

10 Act. If the United States intends to use such infor11 mation against an aggrieved person (as defined in 

12 section 101, 301, or 401 of the Foreign Intelligence 

13 Surveillance Act of 1978 (50 U.S.C. 1801, 1821, 

14 and 1841)), it shall provide in camera and ex parte 

15 notice to the court concerning such use. 

16 (B) If the court receives a notice under sub17 paragraph (A), the court shall review, in camera and 

18 ex parte, the order described in that subparagraph 

19 and any other materials that may be submitted by 

20 the United States. 

21 (C) If the court determines that the order de22 scribed in subparagraph (A) was not lawfully au23 thorized, or the information was not obtained in con24 formity with the order, it shall exclude such informaVerDate Sep 11 2014 00:20 Jun 28, 2016 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5576.IH H5576

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1 tion from consideration as part of the administrative 

2 record. 

3 (8) Any classified information, sensitive security 

4 information, law enforcement sensitive information, 

5 or information that is otherwise privileged or subject 

6 to statutory protections, that is part of the adminis7 trative record, or cited by the court or the parties, 

8 shall be treated by the court and the parties con9 sistent with the provisions of this subsection, and 

10 shall be sealed and preserved in the records of the 

11 court to be made available in the event of further 

12 proceedings. In no event shall such information be 

13 released as part of the public record. 

14 (9) The court shall award reasonable attorney 

15 fees to a petitioner who is a prevailing party in an 

16 action under this section. 

17 (10) After the expiration of the time to seek 

18 further review, or the conclusion of further pro19 ceedings, the court shall return the administrative 

20 record, including any and all copies, to the United 

21 States. All privileged information or other informa22 tion in the possession of counsel for the petitioner 

23 that was provided by the United States under a pro24 tective order shall be returned to the United States, 


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1 or the counsel for the petitioner shall certify its de2 struction, including any and all copies. 

3 (e) SCOPE OF REVIEW.—The district court shall 

4 quash any denial by the Attorney General under sub5 section (a)(1), unless the United States demonstrates, 

6 based on the administrative record, on a de novo review 

7 of fact and law— 

8 (1) that the transferee or applicant— 

9 (A) based on the totality of the cir10 cumstances, represents a threat to public safety 

11 based on a reasonable suspicion that the trans12 feree or applicant is engaged, or has been en13 gaged, in conduct constituting, in preparation 

14 of, in aid of, or related to terrorism, or pro15 viding material support or resources therefor; 

16 and 

17 (B) based on credible information, poses— 

18 (i) a threat of committing an act of 

19 international terrorism or domestic ter20 rorism with respect to an aircraft (includ21 ing a threat of piracy, or a threat to air22 line, passenger, or civil aviation security); 

23 (ii) a threat of committing an act of 

24 domestic terrorism with respect to the 

25 homeland; 


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1 (iii) a threat of committing an act of 

2 international terrorism against any United 

3 States Government facility abroad and as4 sociated or supporting personnel, including 

5 United States embassies, consulates and 

6 missions, military installations, United 

7 States ships, United States aircraft, or 

8 other auxiliary craft owned or leased by 

9 the United States Government; or 

10 (iv) a threat of engaging in or con11 ducting a violent act of terrorism and is 

12 operationally capable of doing so; or 

13 (2) that the transferee or applicant— 

14 (A) based on the totality of the cir15 cumstances, represents a threat to public safety 

16 based on a reasonable suspicion that the trans17 feree or applicant is engaged, or has been en18 gaged, in conduct constituting, in preparation 

19 of, in aid of, or related to terrorism, or pro20 viding material support or resources therefor; 

21 and 

22 (B) based on credible information— 

23 (i) is a member of a terrorist organi24 zation (including a foreign terrorist organiVerDate Sep 11 2014 00:20 Jun 28, 2016 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5576.IH H5576

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1 zation designated pursuant to a statute or 

2 Executive Order; and 

3 (ii) is associated with terrorist activ4 ity, unless information exists that dem5 onstrates that the application of secondary 

6 screening to such individual is not nec7 essary. 

8 (f) EFFECT OF QUASHING.—If the district court 

9 quashes a denial by the Attorney General under subsection 

10 (e), notwithstanding any other provision of law, the Attor11 ney General shall— 

12 (1) for a denial of the transfer of a firearm, 

13 cause a unique identifier to issue pursuant to section 

14 922(t)(2) of title 18, United States Code, not later 

15 than 3 days after the issuance of the order under 

16 subsection (e); and 

17 (2) for a denial of a license or permit, expedi18 tiously issue a license or permit under chapter 40 or 

19 44 of title 18, United States Code, as applicable. 

20 (g) REVIEW OF DECISION OF DISTRICT COURT.—A 

21 final decision of a district court under this section shall 

22 be subject to review by a court of appeals in accordance 

23 with section 1291 of title 28, United States Code. 

24 (h) EXCLUSIVE REMEDIES.—The remedial proce25 dures and a petition for review authorized under subVerDate Sep 11 2014 00:20 Jun 28, 2016 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5576.IH H5576

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1 section (c)(1)(A) shall be the sole and exclusive remedies 

2 for a claim by an individual who challenges a denial under 

3 subsection (a)(1). 

4 (i) EXPEDITED CONSIDERATION.— 

5 (1) COURTS.—Not later than 14 days after the 

6 date on which a petition is filed challenging a denial 

7 under subsection (a)(1), a district court shall deter8 mine whether to quash the denial, unless the peti9 tioner consents to a longer period. 

10 (2) OF QUASHING.—If the district court 

11 quashes a denial by the Attorney General under sub12 section (e), a petitioner may submit the order quash13 ing the denial to the Department of Homeland Secu14 rity for expedited review, as appropriate. 

15 (j) TRANSPARENCY.—Not later than 60 days after 

16 the date of enactment of this Act, and quarterly there17 after— 

18 (1) the Attorney General shall submit to the 

19 Committee on the Judiciary and the Select Com20 mittee on Intelligence of the Senate and the Com21 mittee on the Judiciary and the Permanent Select 

22 Committee on Intelligence of the House of Rep23 resentatives a report providing— 

24 (A) the number of individuals denied a 

25 firearm or explosives transfer or a license or 


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1 permit under subsection (a)(1) during the re2 porting period; 

3 (B) the number of petitions for review filed 

4 under subsection (c)(1)(A)(ii); and 

5 (C) the number of instances in which a 

6 district court quashed a denial by the Attorney 

7 General under subsection (e); and 

8 (2) the Secretary of Homeland Security shall 

9 submit to the Committee on Homeland Security and 

10 Governmental Affairs, the Select Committee on In11 telligence, and the Committee on the Judiciary of 

12 the Senate and the Committee on Homeland Secu13 rity, the Permanent Select Committee on Intel14 ligence, and the Committee on the Judiciary of the 

15 House of Representatives a report providing— 

16 (A) the number of individuals— 

17 (i) with respect to whom a district 

18 court quashed a denial by the Attorney 

19 General under subsection (e); and 

20 (ii) who submitted the order quashing 

21 the denial to the Department of Homeland 

22 Security under subsection (i)(2); and 

23 (B) a description of the actions taken and 

24 final determinations made by the Department 

25 of Homeland Security with regard to submisVerDate Sep 11 2014 00:20 Jun 28, 2016 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H5576.IH H5576

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1 sions described in subparagraph (A)(ii) respect2 ing the status of individuals on the No Fly List 

3 or Selectee List, including the length of time 

4 taken to reach a final determination. 

5 (k) DEFINITIONS.—In this section: 

6 (1) CLASSIFIED INFORMATION.—The term 

7 ‘‘classified information’’ has the meaning given that 

8 term in section 1(a) of the Classified Information 

9 Procedures Act (18 U.S.C. App.). 

10 (2) DOMESTIC TERRORISM.—The term ‘‘domes11 tic terrorism’’ has the meaning given that term in 

12 section 2331(5) of title 18, United States Code. 

13 (3) INTERNATIONAL TERRORISM.—The term 

14 ‘‘international terrorism’’ has the meaning given 

15 that term in section 2331(1) of title 18, United 

16 States Code. 

17 (4) MILITARY INSTALLATION.—The term ‘‘mili18 tary installation’’ has the meaning given that term 

19 in section 2801(c)(4) of title 10, United States 

20 Code. 

21 (5) NATIONAL SECURITY.—The term ‘‘national 

22 security’’ has the meaning given that term in section 

23 219 of the Immigration and Nationality Act (8 

24 U.S.C. 1189). 


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1 (6) SENSITIVE SECURITY INFORMATION.—The 

2 term ‘‘sensitive security information’’ has the mean3 ing given that term by sections 114(r) and 40119 of 

4 title 49, United States Code, and the regulations 

5 and orders issued pursuant to those sections. 

6 (7) TERRORIST ACTIVITY.—The term ‘‘terrorist 

7 activity’’ has the meaning given that term in section 

8 212(a)(3)(B) of the Immigration and Nationality 

9 Act (8 U.S.C. 1182(a)(3)(B)). 

10 (l) RULE OF CONSTRUCTION.—Nothing in this sec11 tion shall be construed to— 

12 (1) except as set forth in this section, authorize 

13 the Attorney General to modify the length of period 

14 before a firearm may be transferred under section 

15 922(t) of title 18, United States Code; or 

16 (2) apply to any claim other than a claim chal17 lenging the denial of a firearm, explosive, or 

18 issuance of a firearm or explosives permit or license 

19 by the Attorney General. 

Æ 


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