S.Amdt. 4742

SA 4742. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 4685 proposed by Mr. Shelby (for himself and Ms. Mikulski)
to the bill H.R. 2578, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2016, and for other purposes; which was ordered to
lie on the table; as follows:

At the appropriate place in title V, insert the following:
Sec. 5__.  Hereafter, the Attorney General shall establish
a process by which--
(1) the Attorney General and Federal, State, and local law
enforcement are immediately notified, as appropriate, of any
request to transfer a firearm or explosive to a person who
is, or within the previous 5 years was, investigated as a
known or suspected terrorist;
(2) the Attorney General may delay the transfer of the
firearm or explosive for a period not to exceed 3 business
days and file an emergency petition in a court of competent
jurisdiction to prevent the transfer of the firearm or
explosive, and such emergency petition and subsequent hearing
shall receive the highest possible priority on the docket of
the court of competent jurisdiction and be subject to the
Classified Information Procedures Act (18 U.S.C. App.);
(3) the transferee receives actual notice of the hearing
and is provided with an opportunity to participate with
counsel and the emergency petition shall be granted if the
court finds that there is probable cause to believe that the
transferee has committed, conspired to commit, attempted to
commit, or will commit an act of terrorism, and if the
petition is denied, the Government shall be responsible for
all reasonable costs and attorneys' fees;
(4) the Attorney General may arrest and detain the
transferee for whom an emergency petition has been filed
where probable cause exists to believe that the individual
has committed, conspired to commit, or attempted to commit an
act of terrorism; and
(5) the Director of the Federal Bureau of Investigation
annually reviews and certifies the identities of known or
suspected terrorists under this section and the
appropriateness of such designation.
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