[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 151 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 151
To provide appropriate information to Federal law enforcement and
intelligence agencies, pursuant to investigating terrorism, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 17, 2017
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide appropriate information to Federal law enforcement and
intelligence agencies, pursuant to investigating terrorism, 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 ``Terror Intelligence Improvement Act
of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On June 12, 2016, the deadliest terrorist attack on our
homeland since September 11, 2001, occurred at the Pulse Bar
and Club in downtown Orlando, Florida. The Orlando Police
Department shortly after the incident reported 49 fatalities
and 53 injured.
(2) On June 13, 2016, the Washington Post reported that the
Federal Bureau of Investigation investigated the Orlando
shooter for 10 months beginning in 2013, putting him under
surveillance, recording his calls, and using confidential
informants to gauge whether he had been radicalized after he
talked at work about his connections with al-Qaeda and dying as
a martyr.
(3) On June 13, 2016, the Federal Bureau of Investigation
remarked that the suspect had made clear his affinity, at the
time of the attack, for the Islamic State of Iraq and the
Levant (commonly known as ``ISIL''), and generally, leading up
to the attack, for radical Islamist groups.
(4) On June 12, 2016, the Bureau of Alcohol, Tobacco,
Firearms, and Explosives announced it had completed a trace of
the firearms used in the shooting and determined both were
purchased legally.
SEC. 3. DEFINITIONS.
In this Act:
(1) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given the term in section
1016(e) of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
(2) Explosive.--The term ``explosive'' has the meaning
given the term ``explosives'' in section 841(d) of title 18,
United States Code.
(3) Federal department or agency.--The term ``Federal
department or agency'' means--
(A) an Executive department, as defined in section
101 of title 5, United States Code;
(B) an independent establishment, as defined in
section 104 of title 5, United States Code;
(C) a Government corporation, as defined in section
103 of title 5, United States Code; and
(D) the United States Postal Service.
(4) Firearm.--The term ``firearm'' has the meaning given
the term in section 921 of title 18, United States Code.
(5) JTTF.--The term ``JTTF'' means the Joint Terrorism Task
Forces established by the Federal Bureau of Investigation.
(6) Key resources.--The term ``key resources'' has the
meaning given the term in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101).
(7) Terrorism.--The term ``terrorism'' includes
international terrorism and domestic terrorism, as those terms
are defined in section 2331 of title 18, United States Code.
SEC. 4. CONSOLIDATION AND NOTIFICATION OF TERRORISM INVESTIGATION
INFORMATION.
(a) Consolidation of Terrorism Investigation Information.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act and on an ongoing basis thereafter, the
head of each Federal department or agency shall, to the extent
permitted by law, provide to the Director of the Federal Bureau
of Investigation any information in the possession, custody, or
control of the Federal department or agency relating to any
person who is, or has been, under a terrorism investigation.
(2) Requirement.--The Director of the Federal Bureau of
Investigation shall--
(A) implement appropriate procedures and safeguards
with respect to all information provided under
paragraph (1); and
(B) identify, prioritize, and coordinate the
protection of critical infrastructure and key resources
in order to prevent, deter, and mitigate the effects of
deliberate efforts to destroy, incapacitate, or exploit
such infrastructure and resources.
(b) Notification of Terrorism Investigation Information to
Appropriate Law Enforcement Entities.--The Director of the Federal
Bureau of Investigation and the JTTF shall be immediately notified of
any request to transfer a firearm or explosive to a person who is, or
within the previous 10 years was, the subject of a terrorism
investigation by any Federal department or agency.
(c) Audit.--
(1) In general.--Not earlier than 180 days after the date
of enactment of this Act and not later than 1 year after the
date of enactment of this Act, the Inspector General of the
Intelligence Community shall initiate an audit of all of the
terrorism-related screening and watch list procedures of the
Federal Government in order to identify any problems or
inefficiencies in the nomination and redress procedures
pertaining to the maintenance of terrorism watch list records.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Inspector General of the
Intelligence Community shall submit a report to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives on the findings of the audit conducted under
paragraph (1), which shall include recommendations, if any, for
improving the nomination or redress procedures described in
paragraph (1).
(3) Form of report.--The report required to be submitted
under paragraph (2) shall be submitted in unclassified form,
but may include a classified annex.
SEC. 5. ATTORNEY GENERAL AUTHORITY TO DELAY FIREARMS TRANSFER TO
SUSPECTED TERRORISTS.
(a) Establishment of Process.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall establish a
process under which, for any person who is, or within the
previous 10 years was, the subject of a terrorism investigation
by any Federal department or agency, the Attorney General may--
(A) delay the transfer of a firearm or explosive to
the person for a period not to exceed 10 business days;
and
(B) file an emergency petition in a court of
competent jurisdiction to prevent the transfer of the
firearm or explosive.
(2) Hearing.--
(A) Priority; applicable laws.--An emergency
petition filed under paragraph (1)(B) and the
subsequent hearing shall--
(i) receive the highest possible priority
on the docket of the court of competent
jurisdiction; and
(ii) be subject to the Classified
Information Procedures Act (18 U.S.C. App.).
(B) Notice; counsel.--A court shall ensure that a
person for whom an emergency petition is filed under
paragraph (1)(B)--
(i) receives actual notice of the hearing;
and
(ii) is provided with an opportunity to
participate with counsel in the hearing.
(C) Grant of petition.--A court shall grant an
emergency petition filed under paragraph (1)(B) if the
court finds that there is probable cause to believe
that the person is engaged, or has been engaged, in
conduct constituting, in preparation of, in aid of, or
relating to terrorism, or providing material support or
resources therefor.
(D) Costs and fees.--If an emergency petition filed
under paragraph (1)(B) is denied, the Government shall
be responsible for all reasonable costs and attorneys'
fees.
(3) Arrest authority.--The Attorney General may arrest and
detain a person for whom an emergency petition has been filed
under paragraph (1)(B) where probable cause exists to believe
that the person is engaged, or has been engaged, in conduct
constituting, in preparation of, in aid of, or relating to
terrorism, or providing material support or resources therefor.
(b) Report.--Not later than 60 days after the date of enactment of
this Act, and quarterly thereafter, the Attorney General shall submit
to the Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report providing, for
the reporting period--
(1) the number of emergency petitions filed under
subsection (a);
(2) the number of individuals to whom the transfer of a
firearm or explosive was prevented under an order granting an
emergency petition filed under subsection (a); and
(3) the number of instances in which a court denied an
emergency petition filed under subsection (a).
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