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 Illi-
nois, 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 explo-
sives licenses and permits to known or suspected terror-
ists. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DISCRETIONARY AUTHORITY TO DENY TRANS-
FERS OF FIREARMS, EXPLOSIVES, AND FIRE-
ARMS AND EXPLOSIVES LICENSES AND PER-
MITS TO TERRORISTS. 
(a) AUTHORITY.— 
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(1) IN GENERAL.—On and after the date of en-
actment of this Act, in accordance with the proce-
dures under this section, and without regard to sec-
tion 842, 843, section 922 (g) or (n), or section 923 
of title 18, United States Code, the Attorney Gen-
eral may deny the transfer of a firearm, not later 
than 3 business days after a licensee under chapter 
44 of title 18, United States Code, contacts the na-
tional instant criminal background check system es-
tablished under section 103 of Public Law 103–159 
(18 U.S.C. 922 note), deny the transfer of an explo-
sive, or deny the issuance of a Federal firearms or 
explosives license or permit, if either of the following 
are met: 
(A) NO FLY LIST.—The Attorney General 
determines that the transferee or applicant— 
(i) based on the totality of the cir-
cumstances, represents a threat to public 
safety based on a reasonable suspicion that 
the transferee or applicant is engaged, or 
has been engaged, in conduct constituting, 
in preparation of, in aid of, or related to 
terrorism, or providing material support or 
resources therefor; and 
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(ii) based on credible information, 
poses— 
(I) a threat of committing an act 
of international terrorism or domestic 
terrorism with respect to an aircraft 
(including a threat of piracy, or a 
threat to airline, passenger, or civil 
aviation security); 
(II) a threat of committing an 
act of domestic terrorism with respect 
to the homeland; 
(III) a threat of committing an 
act of international terrorism against 
any United States Government facility 
abroad and associated or supporting 
personnel, including United States 
embassies, consulates and missions, 
military installations, United States 
ships, United States aircraft, or other 
auxiliary craft owned or leased by the 
United States Government; or 
(IV) a threat of engaging in or 
conducting a violent act of terrorism 
and is operationally capable of doing 
so. 
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(B) SELECTEE LIST.—The Attorney Gen-
eral determines that the transferee or appli-
cant— 
(i) based on the totality of the cir-
cumstances, represents a threat to public 
safety based on a reasonable suspicion that 
the transferee or applicant is engaged, or 
has been engaged, in conduct constituting, 
in preparation of, in aid of, or related to 
terrorism, or providing material support or 
resources therefor; and 
(ii) based on credible information, 
is— 
(I) a member of a terrorist orga-
nization (including a foreign terrorist 
organization designated pursuant to a 
statute or Executive Order); and 
(II) associated with terrorist ac-
tivity, unless information exists that 
demonstrates that the application of 
secondary screening to such individual 
is not necessary. 
(2) NICS.—Solely for purposes of sections 
922(t) (1), (2), (5), and (6) of title 18, United 
States Code, and section 103(g) of Public Law 103– 
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159 (18 U.S.C. 922 note), a denial by the Attorney 
General under paragraph (1) shall be treated as 
equivalent to a determination that receipt of a fire-
arm would violate subsection (g) or (n) of section 
922 of title 18, United States Code. During the 3- 
business-day period beginning when a licensee under 
chapter 44 of title 18, United States Code, contacts 
the national instant criminal background check sys-
tem established under section 103 of Public Law 
103–159 (18 U.S.C. 922 note), and notwithstanding 
section 922(t)(2) of title 18, United States Code, the 
Attorney General may delay assigning a unique iden-
tification number to a transfer of a firearm in order 
to determine whether the transferee or applicant 
meets the requirements under paragraph (1). 
(b) NOTIFICATION OF PROSPECTIVE FIREARMS AND 
EXPLOSIVES TRANSFERS
TO KNOWN
OR SUSPECTED 
TERRORIST.—The Attorney General and Federal, State, 
and local law enforcement shall be immediately notified, 
as appropriate, of any request to transfer a firearm or ex-
plosive to a person who is, or with in the previous 5 years 
was, identified in the Terrorist Screening Database main-
tained by the Terrorist Screening Center of the Federal 
Bureau of Investigation. 
(c) REVIEW OF DENIAL.— 
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(1) REMEDIAL
PROCEDURES
AND
PETITION 
FOR REVIEW.— 
(A) IN GENERAL.—An individual who is a 
citizen or lawful permanent resident of the 
United States who seeks to challenge a denial 
by the Attorney General under subsection 
(a)(1) may— 
(i) pursue the remedial procedures 
under section 103(g) of Public Law 103– 
159 (18 U.S.C. 922 note); or 
(ii) file a petition for review and any 
claims related to that petition in the 
United States District Court for the Dis-
trict of Columbia or in the district court of 
the United States for the judicial district 
in which the individual resides. 
(B) EXHAUSTION NOT REQUIRED.—A peti-
tioner is not required to exhaust the remedial 
procedures authorized under clause (i) of sub-
paragraph (A) before filing a petition for review 
under clause (ii) of subparagraph (A). 
(C) PROCEDURES.—Notwithstanding any 
other provision of law, the Attorney General 
may promulgate regulations governing pro-
ceedings under subparagraph (A)(i) to prevent 
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the unauthorized disclosure of information that 
reasonably could be expected to result in dam-
age to national security or ongoing law enforce-
ment operations. 
(2) DEADLINES FOR FILING.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), a petition for review under 
paragraph (1)(A)(ii), and any claims related to 
that petition, shall be filed not later than the 
earlier of— 
(i) 1 year after the petitioner receives 
actual notice of the reason for the denial 
by the Attorney General; or 
(ii) 5 years after the petitioner re-
ceives notice of the denial by the Attorney 
General. 
(B) EXCEPTION.—The district court in 
which a petition for review is to be filed under 
paragraph (1)(A)(ii) may allow the petition to 
be filed after the deadline specified in subpara-
graph (A) only if there is good cause for not fil-
ing by that deadline. 
(3) AUTHORITY
OF
DISTRICT
COURTS.—The 
district court in which a petition for review is filed 
under paragraph (1)(A)(ii)— 
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(A) shall have— 
(i) jurisdiction to decide all relevant 
questions of law and fact; and 
(ii) exclusive jurisdiction to affirm, 
amend, modify, or set aside any part of the 
denial of the Attorney General that is the 
subject of the petition for review; and 
(B) may order the Attorney General to 
conduct further proceedings. 
(4) EXCLUSIVE JURISDICTION.— 
(A) IN GENERAL.—No district court of the 
United States or court of appeals of the United 
States shall have jurisdiction to consider the 
lawfulness or constitutionality of this section ex-
cept pursuant to a petition for review under 
subsection (c)(1)(A)(ii). 
(B) NONCITIZENS.—No district court of 
the United States or court of appeals of the 
United States shall have jurisdiction to hear 
any claim by an individual who is not a citizen 
or lawful permanent resident of the United 
States related to or arising out a denial by the 
Attorney General under subsection (a)(1). 
(d) 
REQUIREMENT
FOR
AN
ADMINISTRATIVE 
RECORD AND PROCEDURES FOR JUDICIAL REVIEW.— 
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Notwithstanding any other provision of law, the following 
procedures shall apply with respect to a petition for review 
filed in a district court under subsection (c)(1)(A)(ii): 
(1) The United States shall file with the court 
an administrative record, which shall consist of— 
(A) the information the Attorney General 
relied upon in denying the transfer or applica-
tion; 
(B) a summary of known material mitiga-
tion information; 
(C) any information the petitioner has sub-
mitted pursuant to any administrative process; 
and 
(D) any information determined relevant 
by the United States. 
(2)(A) The petitioner may file with the court 
any information determined relevant by the peti-
tioner. 
(B) With leave of the court, the United States 
may supplement the administrative record with addi-
tional information. 
(3) All information in the administrative record 
that is not classified and is not otherwise privileged 
or subject to statutory protections shall be provided 
to the petitioner. 
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tion from consideration as part of the administrative 
record. 
(8) Any classified information, sensitive security 
information, law enforcement sensitive information, 
or information that is otherwise privileged or subject 
to statutory protections, that is part of the adminis-
trative record, or cited by the court or the parties, 
shall be treated by the court and the parties con-
sistent with the provisions of this subsection, and 
shall be sealed and preserved in the records of the 
court to be made available in the event of further 
proceedings. In no event shall such information be 
released as part of the public record. 
(9) The court shall award reasonable attorney 
fees to a petitioner who is a prevailing party in an 
action under this section. 
(10) After the expiration of the time to seek 
further review, or the conclusion of further pro-
ceedings, the court shall return the administrative 
record, including any and all copies, to the United 
States. All privileged information or other informa-
tion in the possession of counsel for the petitioner 
that was provided by the United States under a pro-
tective order shall be returned to the United States, 
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or the counsel for the petitioner shall certify its de-
struction, including any and all copies. 
(e) SCOPE
OF REVIEW.—The district court shall 
quash any denial by the Attorney General under sub-
section (a)(1), unless the United States demonstrates, 
based on the administrative record, on a de novo review 
of fact and law— 
(1) that the transferee or applicant— 
(A) based on the totality of the cir-
cumstances, represents a threat to public safety 
based on a reasonable suspicion that the trans-
feree or applicant is engaged, or has been en-
gaged, in conduct constituting, in preparation 
of, in aid of, or related to terrorism, or pro-
viding material support or resources therefor; 
and 
(B) based on credible information, poses— 
(i) a threat of committing an act of 
international terrorism or domestic ter-
rorism with respect to an aircraft (includ-
ing a threat of piracy, or a threat to air-
line, passenger, or civil aviation security); 
(ii) a threat of committing an act of 
domestic terrorism with respect to the 
homeland; 
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(iii) a threat of committing an act of 
international terrorism against any United 
States Government facility abroad and as-
sociated or supporting personnel, including 
United States embassies, consulates and 
missions, military installations, United 
States ships, United States aircraft, or 
other auxiliary craft owned or leased by 
the United States Government; or 
(iv) a threat of engaging in or con-
ducting a violent act of terrorism and is 
operationally capable of doing so; or 
(2) that the transferee or applicant— 
(A) based on the totality of the cir-
cumstances, represents a threat to public safety 
based on a reasonable suspicion that the trans-
feree or applicant is engaged, or has been en-
gaged, in conduct constituting, in preparation 
of, in aid of, or related to terrorism, or pro-
viding material support or resources therefor; 
and 
(B) based on credible information— 
(i) is a member of a terrorist organi-
zation (including a foreign terrorist organi-
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zation designated pursuant to a statute or 
Executive Order; and 
(ii) is associated with terrorist activ-
ity, unless information exists that dem-
onstrates that the application of secondary 
screening to such individual is not nec-
essary. 
(f) EFFECT
OF QUASHING.—If the district court 
quashes a denial by the Attorney General under subsection 
(e), notwithstanding any other provision of law, the Attor-
ney General shall— 
(1) for a denial of the transfer of a firearm, 
cause a unique identifier to issue pursuant to section 
922(t)(2) of title 18, United States Code, not later 
than 3 days after the issuance of the order under 
subsection (e); and 
(2) for a denial of a license or permit, expedi-
tiously issue a license or permit under chapter 40 or 
44 of title 18, United States Code, as applicable. 
(g) REVIEW OF DECISION OF DISTRICT COURT.—A 
final decision of a district court under this section shall 
be subject to review by a court of appeals in accordance 
with section 1291 of title 28, United States Code. 
(h) EXCLUSIVE REMEDIES.—The remedial proce-
dures and a petition for review authorized under sub-
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section (c)(1)(A) shall be the sole and exclusive remedies 
for a claim by an individual who challenges a denial under 
subsection (a)(1). 
(i) EXPEDITED CONSIDERATION.— 
(1) COURTS.—Not later than 14 days after the 
date on which a petition is filed challenging a denial 
under subsection (a)(1), a district court shall deter-
mine whether to quash the denial, unless the peti-
tioner consents to a longer period. 
(2) OF
QUASHING.—If the district court 
quashes a denial by the Attorney General under sub-
section (e), a petitioner may submit the order quash-
ing the denial to the Department of Homeland Secu-
rity for expedited review, as appropriate. 
(j) TRANSPARENCY.—Not later than 60 days after 
the date of enactment of this Act, and quarterly there-
after— 
(1) the Attorney General shall submit to the 
Committee on the Judiciary and the Select Com-
mittee on Intelligence of the Senate and the Com-
mittee on the Judiciary and the Permanent Select 
Committee on Intelligence of the House of Rep-
resentatives a report providing— 
(A) the number of individuals denied a 
firearm or explosives transfer or a license or 
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permit under subsection (a)(1) during the re-
porting period; 
(B) the number of petitions for review filed 
under subsection (c)(1)(A)(ii); and 
(C) the number of instances in which a 
district court quashed a denial by the Attorney 
General under subsection (e); and 
(2) the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security and 
Governmental Affairs, the Select Committee on In-
telligence, and the Committee on the Judiciary of 
the Senate and the Committee on Homeland Secu-
rity, the Permanent Select Committee on Intel-
ligence, and the Committee on the Judiciary of the 
House of Representatives a report providing— 
(A) the number of individuals— 
(i) with respect to whom a district 
court quashed a denial by the Attorney 
General under subsection (e); and 
(ii) who submitted the order quashing 
the denial to the Department of Homeland 
Security under subsection (i)(2); and 
(B) a description of the actions taken and 
final determinations made by the Department 
of Homeland Security with regard to submis-
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sions described in subparagraph (A)(ii) respect-
ing the status of individuals on the No Fly List 
or Selectee List, including the length of time 
taken to reach a final determination. 
(k) DEFINITIONS.—In this section: 
(1) 
CLASSIFIED
INFORMATION.—The 
term 
‘‘classified information’’ has the meaning given that 
term in section 1(a) of the Classified Information 
Procedures Act (18 U.S.C. App.). 
(2) DOMESTIC TERRORISM.—The term ‘‘domes-
tic terrorism’’ has the meaning given that term in 
section 2331(5) of title 18, United States Code. 
(3) INTERNATIONAL
TERRORISM.—The term 
‘‘international terrorism’’ has the meaning given 
that term in section 2331(1) of title 18, United 
States Code. 
(4) MILITARY INSTALLATION.—The term ‘‘mili-
tary installation’’ has the meaning given that term 
in section 2801(c)(4) of title 10, United States 
Code. 
(5) NATIONAL SECURITY.—The term ‘‘national 
security’’ has the meaning given that term in section 
219 of the Immigration and Nationality Act (8 
U.S.C. 1189). 
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(6) SENSITIVE SECURITY INFORMATION.—The 
term ‘‘sensitive security information’’ has the mean-
ing given that term by sections 114(r) and 40119 of 
title 49, United States Code, and the regulations 
and orders issued pursuant to those sections. 
(7) TERRORIST ACTIVITY.—The term ‘‘terrorist 
activity’’ has the meaning given that term in section 
212(a)(3)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(3)(B)). 
(l) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to— 
(1) except as set forth in this section, authorize 
the Attorney General to modify the length of period 
before a firearm may be transferred under section 
922(t) of title 18, United States Code; or 
(2) apply to any claim other than a claim chal-
lenging the denial of a firearm, explosive, or 
issuance of a firearm or explosives permit or license 
by the Attorney General. 
Æ 
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