Terrorist Screening Database Improvement Act
This bill amends the federal criminal code to prohibit a firearms sale or transfer to an individual whose name appears in the Terrorist Screening Database (TSDB).
The national instant criminal background check system (i.e., the NICS database) must notify the Department of Justice (DOJ) when a licensed gun dealer requests a background check on a prospective gun buyer whose name appears on the TSDB. DOJ must comply with notice requirements. An individual may bring a civil action in federal court seeking removal from the TSDB.
Additionally, the NICS database must notify the Federal Bureau of Investigation if a licensed gun dealer requests a background check on a prospective gun buyer who is or has been under a federal terrorism investigation.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5544 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5544
To amend title 18, United States Code, to prohibit the transfer of a
firearm to a person whose name is in the Terrorist Screening Database,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 21, 2016
Mr. Jolly introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit the transfer of a
firearm to a person whose name is in the Terrorist Screening Database,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorist Screening Database
Improvement Act''.
SEC. 2. PROHIBITION ON TRANSFER OF FIREARM TO PERSON WHOSE NAME IS IN
THE TERRORIST SCREENING DATABASE; PROCEDURAL RULES.
(a) Prohibition.--The first sentence of section 922(d) of title 18,
United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; or''; and
(3) by adding at the end the following:
``(10) is an individual whose name appears in the Terrorist
Screening Database maintained by the Federal Bureau of
Investigation.''.
(b) Procedural Rules.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by inserting after section 925A the following:
``Sec. 925B. Procedures applicable with respect to firearm transfers to
suspected terrorists
``(a) If a licensee contacts the national instant criminal
background check system established under section 103 of the Brady
Handgun Violence Prevention Act to request a unique identification
number for the transfer of a firearm to a person under section 922(t)
of this title, and--
``(1) the information available to the system indicates
that the transfer of a firearm to the person would violate
section 922(d)(10) of this title, the system shall immediately
notify the Attorney General of the information; or
``(2) the person has been or is under a terrorism
investigation conducted by the Department of Justice or any
other department or agency of the Federal Government, the
system shall notify the appropriate division of the Federal
Bureau of Investigation of the request and pending firearm
transfer.
``(b) Within 10 days after the Attorney General receives a notice
pursuant to subsection (a)(1) with respect to a person, the Attorney
General shall notify the person that the name of the person appears in
the Terrorist Screening Database maintained by the Federal Bureau of
Investigation.
``(c)(1) Within 30 days after a person receives a notice pursuant
to subsection (b), the person may bring an action against the United
States in the United States district court for the judicial district in
which the person resides, to require the United States to demonstrate
why the name of the person appears in the Terrorist Screening Database
maintained by the Federal Bureau of Investigation.
``(2) In an action brought under this subsection:
``(A) If the United States fails to demonstrate by a
preponderance of the evidence that the plaintiff may intend to
cause harm to others or engage in terrorism or activities in
support of terrorism, the court shall order the Federal Bureau
of Investigation to remove the name of the plaintiff from the
Terrorist Screening Database maintained by the Federal Bureau
of Investigation, and may provide such other relief to the
plaintiff as the court deems appropriate.
``(B) The court shall find that the United States has
failed to make the demonstration described in subparagraph (A)
with respect to a plaintiff if the United States has failed
to--
``(i) comply with subsection (b) with respect to
the plaintiff; or
``(ii) respond in a timely manner in the action.
``(3) The court shall seal all proceedings in an action brought
under this subsection.''.
(2) Clerical amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 925A the following:
``925B. Procedures applicable with respect to firearm transfers to
suspected terrorists.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR H4057-4058)
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Sponsor introductory remarks on measure. (CR H4279-4280)
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