tsai3904
07-01-2016, 09:56 AM
House will vote on H.R. 5611, the Homeland Safety and Security Act, the week of July 4.
Here's the section of the bill dealing with giving the Attorney General authority to petition a court to deny transfer of firearms:
SEC. 5. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, DELIVERY, OR TRANSFER OF FIREARMS OR EXPLOSIVES TO KNOWN OR SUSPECTED TERRORISTS.
(a) In General.—Section 922(t) of title 18, United States Code, is amended by adding at the end the following:
“(7)(A) When the Attorney General is notified of a request to transfer a firearm or an explosive to a person who is being, or has been investigated during the previous 5 years, as a known or suspected terrorist, the Attorney General shall, as appropriate, notify relevant Federal, State, or local law enforcement agencies or intelligence agencies concerning the identity of the prospective transferee.
“(B) Upon being notified of a prospective transfer of a firearm or an explosive to a person who is being investigated as a known or suspected terrorist, the Attorney General or the United States attorney for the district in which the licensee is located may—
“(i) delay the transfer of the firearm or explosive for a period not to exceed 3 business days; and
“(ii) file an emergency petition in a court of competent jurisdiction to prohibit the transfer of the firearm or explosive, which petition shall receive the highest priority on the docket of that court.
“(C)(i) An emergency petition filed under subparagraph (B) shall be granted upon a showing of probable cause to believe that the prospective transferee will commit an act of terrorism, or is prohibited from possessing or receiving a firearm under subsection (g) or (n).
“(ii) An emergency petition filed under subparagraph (B) to prohibit the transfer of a firearm or explosive may be granted only after a hearing—
“(I) of which the prospective transferee receives actual notice; and
“(II) at which the prospective transferee has an opportunity to participate with counsel.
“(iii) In the case of an emergency petition filed under subparagraph (B) which is denied, the court shall require that the United States pay the costs and attorney fees of the prospective transferee.”.
(b) Rule Of Construction.—The amendments made by this section do not preclude the Attorney General from arresting and detaining a person, including a person described in section 922(t)(7) of title 18, United States Code, with regard to whom an emergency petition has been filed under such paragraph, if the Attorney General has probable cause to believe that the person has committed, conspired to commit, or attempted to commit an act of terrorism.
The bill also allows the Secretary of State to revoke passports from individuals whom the Secretary determines is "affiliated" with a foreign terrorist organization:
SEC. 7. DENIAL, LIMITATION, AND REVOCATION OF PASSPORTS AND PASSPORT CARDS TO INDIVIDUALS AFFILIATED WITH FOREIGN TERRORIST ORGANIZATIONS.
The Act entitled “An Act to regulate the issue and validity of passports, and for other purposes”, approved July 3, 1926 (22 U.S.C. 211a et seq.), commonly known as the “Passport Act of 1926”, is amended by adding at the end the following new section:
“SEC. 4. AUTHORITY TO DENY, LIMIT, OR REVOKE PASSPORTS AND PASSPORT CARDS TO INDIVIDUALS AFFILIATED WITH FOREIGN TERRORIST ORGANIZATIONS.
“(a) Ineligibility.—
“(1) ISSUANCE.—Except as provided in subsection (b), the Secretary of State may not issue a passport or passport card to any individual whom the Secretary has determined—
“(A) is a member of or is otherwise affiliated with an organization the Secretary has designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or
“(B) has aided, abetted, or provided material support to such an organization.
“(2) REVOCATION.—Except as provided in subsection (b), the Secretary of State shall revoke a passport or passport card previously issued to any individual described in paragraph (1).
“(b) Exceptions.—
“(1) EMERGENCY CIRCUMSTANCES, HUMANITARIAN REASONS, AND LAW ENFORCEMENT PURPOSES.—Notwithstanding paragraphs (1) and (2) of subsection (a), the Secretary of State may issue or decline to revoke a passport or passport card, in emergency circumstances, for humanitarian reasons, or for law enforcement purposes, to an individual described in paragraph (1) of such subsection.
“(2) LIMITATION FOR RETURN TO UNITED STATES.—Notwithstanding subsection (a)(2), the Secretary of State, before revocation, shall—
“(A) limit a previously issued passport or passport card only for return travel to the United States; or
“(B) issue a limited passport or passport card that only permits return travel to the United States.
“(c) Right Of Review.—Any person who, in accordance with this section, is denied issuance of a passport or passport card by the Secretary of State, or whose passport or passport card is revoked or otherwise limited by the Secretary of State, may request a hearing before the Secretary not later than 60 days after receiving notice of such denial, revocation, or limitation.
“(d) Report.—If the Secretary of State issues, limits, or declines to revoke a passport or passport card in accordance with subsection (b), the Secretary shall, not later than 30 days after any such action, submit to Congress a report on such action.”.
Full text of bill:
http://docs.house.gov/billsthisweek/20160704/BILLS-114hr-HomelandSafety.xml
Here's the section of the bill dealing with giving the Attorney General authority to petition a court to deny transfer of firearms:
SEC. 5. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, DELIVERY, OR TRANSFER OF FIREARMS OR EXPLOSIVES TO KNOWN OR SUSPECTED TERRORISTS.
(a) In General.—Section 922(t) of title 18, United States Code, is amended by adding at the end the following:
“(7)(A) When the Attorney General is notified of a request to transfer a firearm or an explosive to a person who is being, or has been investigated during the previous 5 years, as a known or suspected terrorist, the Attorney General shall, as appropriate, notify relevant Federal, State, or local law enforcement agencies or intelligence agencies concerning the identity of the prospective transferee.
“(B) Upon being notified of a prospective transfer of a firearm or an explosive to a person who is being investigated as a known or suspected terrorist, the Attorney General or the United States attorney for the district in which the licensee is located may—
“(i) delay the transfer of the firearm or explosive for a period not to exceed 3 business days; and
“(ii) file an emergency petition in a court of competent jurisdiction to prohibit the transfer of the firearm or explosive, which petition shall receive the highest priority on the docket of that court.
“(C)(i) An emergency petition filed under subparagraph (B) shall be granted upon a showing of probable cause to believe that the prospective transferee will commit an act of terrorism, or is prohibited from possessing or receiving a firearm under subsection (g) or (n).
“(ii) An emergency petition filed under subparagraph (B) to prohibit the transfer of a firearm or explosive may be granted only after a hearing—
“(I) of which the prospective transferee receives actual notice; and
“(II) at which the prospective transferee has an opportunity to participate with counsel.
“(iii) In the case of an emergency petition filed under subparagraph (B) which is denied, the court shall require that the United States pay the costs and attorney fees of the prospective transferee.”.
(b) Rule Of Construction.—The amendments made by this section do not preclude the Attorney General from arresting and detaining a person, including a person described in section 922(t)(7) of title 18, United States Code, with regard to whom an emergency petition has been filed under such paragraph, if the Attorney General has probable cause to believe that the person has committed, conspired to commit, or attempted to commit an act of terrorism.
The bill also allows the Secretary of State to revoke passports from individuals whom the Secretary determines is "affiliated" with a foreign terrorist organization:
SEC. 7. DENIAL, LIMITATION, AND REVOCATION OF PASSPORTS AND PASSPORT CARDS TO INDIVIDUALS AFFILIATED WITH FOREIGN TERRORIST ORGANIZATIONS.
The Act entitled “An Act to regulate the issue and validity of passports, and for other purposes”, approved July 3, 1926 (22 U.S.C. 211a et seq.), commonly known as the “Passport Act of 1926”, is amended by adding at the end the following new section:
“SEC. 4. AUTHORITY TO DENY, LIMIT, OR REVOKE PASSPORTS AND PASSPORT CARDS TO INDIVIDUALS AFFILIATED WITH FOREIGN TERRORIST ORGANIZATIONS.
“(a) Ineligibility.—
“(1) ISSUANCE.—Except as provided in subsection (b), the Secretary of State may not issue a passport or passport card to any individual whom the Secretary has determined—
“(A) is a member of or is otherwise affiliated with an organization the Secretary has designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or
“(B) has aided, abetted, or provided material support to such an organization.
“(2) REVOCATION.—Except as provided in subsection (b), the Secretary of State shall revoke a passport or passport card previously issued to any individual described in paragraph (1).
“(b) Exceptions.—
“(1) EMERGENCY CIRCUMSTANCES, HUMANITARIAN REASONS, AND LAW ENFORCEMENT PURPOSES.—Notwithstanding paragraphs (1) and (2) of subsection (a), the Secretary of State may issue or decline to revoke a passport or passport card, in emergency circumstances, for humanitarian reasons, or for law enforcement purposes, to an individual described in paragraph (1) of such subsection.
“(2) LIMITATION FOR RETURN TO UNITED STATES.—Notwithstanding subsection (a)(2), the Secretary of State, before revocation, shall—
“(A) limit a previously issued passport or passport card only for return travel to the United States; or
“(B) issue a limited passport or passport card that only permits return travel to the United States.
“(c) Right Of Review.—Any person who, in accordance with this section, is denied issuance of a passport or passport card by the Secretary of State, or whose passport or passport card is revoked or otherwise limited by the Secretary of State, may request a hearing before the Secretary not later than 60 days after receiving notice of such denial, revocation, or limitation.
“(d) Report.—If the Secretary of State issues, limits, or declines to revoke a passport or passport card in accordance with subsection (b), the Secretary shall, not later than 30 days after any such action, submit to Congress a report on such action.”.
Full text of bill:
http://docs.house.gov/billsthisweek/20160704/BILLS-114hr-HomelandSafety.xml