Protect America Act of 2017

Summary: Protect America Act of 2017 Preventing Terrorists From Obtaining Firearms Act of 2017 This bill amends the federal criminal code to authorize the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) or a U.S. Attorney's Office to delay for up to 72 hours and file an emergency petition to prohibit a firearm transfer to a person who is being investigated, or who during the past five years has been investigated, as a known or suspected terrorist. Preventing Terrorists From Obtaining Explosives Act of 2017 Additionally, the bill authorizes the ATF or a U.S. Attorney's Office to delay for up to 90 days and file an emergency petition to prohibit the approval of an application for an explosives permit or license from a person who is being investigated, or who during the past five years has been investigated, as a known or suspected terrorist. The bill requires the Department of Justice to review the terrorist watch and no-fly lists and remove the name of any person whose name was erroneously placed on such lists.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect America Act of 2017''.

SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, 
              DELIVERY, OR TRANSFER OF FIREARMS TO KNOWN OR SUSPECTED 
              TERRORISTS; REQUIRING INFORMATION-SHARING REGARDING 
              ATTEMPTED FIREARMS PURCHASES BY KNOWN OR SUSPECTED 
              TERRORISTS; AUTHORIZING THE INVESTIGATION OF KNOWN OR 
              SUSPECTED TERRORISTS WHO ATTEMPT TO PURCHASE FIREARMS.

    (a) Short Title.--This section may be cited as the ``Preventing 
Terrorists From Obtaining Firearms Act of 2017''.
    (b) Amendment.--Section 922(t) of title 18, United States Code, is 
amended by adding at the end the following:
    ``(7)(A) If the Attorney General is notified of a request to 
transfer a firearm to a person who is being investigated, or has been 
investigated during the preceding 5 years, as a known or suspected 
terrorist, the Attorney General shall--
            ``(i) as appropriate, take further steps to confirm the 
        identity of the prospective transferee and confirm or rule out 
        the suspected nexus to terrorism of the prospective transferee;
            ``(ii) as appropriate, notify relevant Federal, State, or 
        local law enforcement agencies or intelligence agencies 
        concerning the identity of the prospective transferee; and
            ``(iii) determine whether the prospective transferee is 
        already the subject of an ongoing terrorism investigation and, 
        as appropriate, initiate such an investigation.
    ``(B) Upon being notified of a prospective transfer under 
subparagraph (A), 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 for a period not to 
        exceed 72 hours; and
            ``(ii) file an emergency petition in the United States 
        district court for the district involved to prohibit the 
        transfer of the firearm.
    ``(C)(i) An emergency petition filed under subparagraph (B) shall 
be granted upon a showing of probable cause to believe that the 
prospective transferee has committed or is furthering a plan to commit 
an act of terrorism.
    ``(ii) An emergency petition filed under subparagraph (B) to 
prohibit the transfer of a firearm 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.
    ``(D) For purposes of this paragraph--
            ``(i) the term `known or suspected terrorist' means a 
        person determined by the Attorney General to be known (or 
        appropriately suspected) to be or have been engaged in conduct 
        constituting, in preparation for, in aid of, or related to 
        terrorism, or providing material support or resources for 
        terrorism;
            ``(ii) the term `material support or resources' has the 
        meaning given the term in section 2339A; and
            ``(iii) the term `terrorism' includes international 
        terrorism and domestic terrorism, as defined in section 2331.
    ``(E) For purposes of this paragraph, a person shall not be 
considered to have been investigated as a known or suspected terrorist 
solely by reason of being identified in the terrorist screening 
database (as such term is defined in section 2101(10) of the Homeland 
Security Act of 2002 (6 U.S.C. 621(10)), if the name of the person was 
thereafter removed from the database because the person was erroneously 
included.''.

SEC. 3. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, 
              DELIVERY, OR TRANSFER OF EXPLOSIVES TO KNOWN OR SUSPECTED 
              TERRORISTS; REQUIRING INFORMATION-SHARING REGARDING 
              ATTEMPTED EXPLOSIVES PURCHASES BY KNOWN OR SUSPECTED 
              TERRORISTS; AUTHORIZING THE INVESTIGATION OF KNOWN OR 
              SUSPECTED TERRORISTS WHO ATTEMPT TO PURCHASE EXPLOSIVES.

    (a) Short Title.--This section may be cited as the ``Preventing 
Terrorists From Obtaining Explosives Act of 2017''.
    (b) Amendment.--Section 843 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(j)(1) If the Attorney General receives an application for a user 
permit, limited permit, or license to import, manufacture, or deal in 
explosive materials from a person who is being investigated, or has 
been investigated during the preceding 5 years, as a known or suspected 
terrorist, or receives information under subsection (h) about a 
responsible person or employee who is being investigated, or has been 
investigated during the preceding 5 years, as a known or suspected 
terrorist, the Attorney General shall--
            ``(A) as appropriate, take further steps to confirm the 
        identity of the applicant, responsible person, or employee and 
        confirm or rule out the suspected nexus to terrorism of the 
        applicant, responsible person, or employee;
            ``(B) as appropriate, notify relevant Federal, State, or 
        local law enforcement agencies or intelligence agencies 
        concerning the identity of the applicant, responsible person, 
        or employee; and
            ``(C) determine whether the applicant, responsible person, 
        or employee is the subject of an ongoing terrorism 
        investigation and, as appropriate, initiate such an 
        investigation.
    ``(2) Upon receipt of an application or information described in 
paragraph (1), the Attorney General or the United States attorney for 
the district in which the applicant, responsible person, or employee is 
located may--
            ``(A) for a period not to exceed 90 days, delay the 
        approval of the application or the determination to issue a 
        letter of clearance under subsection (h), as the case may be; 
        and
            ``(B) file an emergency petition in the United States 
        district court for the district involved to prohibit the 
        approval of the application or the issuance of a letter of 
        clearance under subsection (h), as the case may be.
    ``(3)(A) An emergency petition filed under paragraph (2) shall be 
granted upon a showing of probable cause to believe that the applicant, 
responsible person, or employee has committed or is furthering a plan 
to commit an act of terrorism.
    ``(B) An emergency petition filed under paragraph (2) may be 
granted only after a hearing--
            ``(i) of which the applicant, responsible person, or 
        employee receives actual notice; and
            ``(ii) at which the applicant, responsible person, or 
        employee has an opportunity to participate with counsel.
    ``(4) For purposes of this subsection--
            ``(A) the term `known or suspected terrorist' means a 
        person determined by the Attorney General to be known (or 
        appropriately suspected) to be or have been engaged in conduct 
        constituting, in preparation for, in aid of, or related to 
        terrorism, or providing material support or resources for 
        terrorism;
            ``(B) the term `material support or resources' has the 
        meaning given the term in section 2339A; and
            ``(C) the term `terrorism' includes international terrorism 
        and domestic terrorism, as defined in section 2331.
    ``(5) For purposes of this subsection, a person shall not be 
considered to have been investigated as a known or suspected terrorist 
solely by reason of being identified in the terrorist screening 
database (as such term is defined in section 2101(10) of the Homeland 
Security Act of 2002 (6 U.S.C. 621(10)), if the name of the person was 
thereafter removed from the database because the person was erroneously 
included.''.

SEC. 4. SUNSET.

    The amendments made by sections 2 and 3 shall cease to have effect 
after the 3-year period that begins with the date of the enactment of 
this Act.

SEC. 5. REPORTS TO CONGRESS.

    Not earlier than 18 months after the date of the enactment of this 
Act and not later than 3 years after such date of enactment, the 
Attorney General shall submit to the Congress a written report on the 
petitions filed and court orders granted under sections 2 and 3, 
including--
            (1) the number of petitions so filed;
            (2) the number of orders so granted;
            (3) the number of petitions that were denied;
            (4) the disposition of any arrest made after such an order 
        was granted, including any charges brought and the outcome of 
        those charges;
            (5) with respect to each of the matters described in 
        paragraphs (1) through (4), whether the subject of the petition 
        or order was a United States citizen or foreign national and 
        whether the allegations involved domestic terrorism or 
        international terrorism;
            (6) for any such order issued against a foreign national, 
        whether a deportation proceeding was initiated against the 
        individual and, if so, the outcome of the deportation 
        proceeding; and
            (7) whether multiple petitions were filed against any 
        individual.

SEC. 6. CORRECTION OF THE TERRORIST WATCH LIST AND ``NO-FLY LIST''.

    Within 90 days after the date of the enactment of this Act, the 
Attorney General shall--
            (1) review the terrorist watch list and the no-fly list 
        referred to in section 44903(j) of title 49, United States 
        Code, and any other list used by the Transportation Security 
        Administration for purposes of identifying individuals who are 
        prohibited from boarding aircraft because they pose a threat of 
        terrorism, and remove from any such list the name of any person 
        erroneously placed on the list or otherwise is not a known or 
        suspected terrorist; and
            (2) submit to the Congress a written report that describes 
        the steps taken to comply with paragraph (1).