Terrorist Screening Database Improvement Act

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)]

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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.''.
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