II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Terror Intelligence Im5 provement Act of 2017’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) On June 12, 2016, the deadliest terrorist 

9 attack on our homeland since September 11, 2001, 


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1 occurred at the Pulse Bar and Club in downtown 

2 Orlando, Florida. The Orlando Police Department 

3 shortly after the incident reported 49 fatalities and 

4 53 injured. 

5 (2) On June 13, 2016, the Washington Post re6 ported that the Federal Bureau of Investigation in7 vestigated the Orlando shooter for 10 months begin8 ning in 2013, putting him under surveillance, re9 cording his calls, and using confidential informants 

10 to gauge whether he had been radicalized after he 

11 talked at work about his connections with al-Qaeda 

12 and dying as a martyr. 

13 (3) On June 13, 2016, the Federal Bureau of 

14 Investigation remarked that the suspect had made 

15 clear his affinity, at the time of the attack, for the 

16 Islamic State of Iraq and the Levant (commonly 

17 known as ‘‘ISIL’’), and generally, leading up to the 

18 attack, for radical Islamist groups. 

19 (4) On June 12, 2016, the Bureau of Alcohol, 

20 Tobacco, Firearms, and Explosives announced it had 

21 completed a trace of the firearms used in the shoot22 ing and determined both were purchased legally. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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1 (1) CRITICAL INFRASTRUCTURE.—The term 

2 ‘‘critical infrastructure’’ has the meaning given the 

3 term in section 1016(e) of the Uniting and 

4 Strengthening America by Providing Appropriate 

5 Tools Required to Intercept and Obstruct Terrorism 

6 (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 

7 5195c(e)). 

8 (2) EXPLOSIVE.—The term ‘‘explosive’’ has the 

9 meaning given the term ‘‘explosives’’ in section 

10 841(d) of title 18, United States Code. 

11 (3) FEDERAL DEPARTMENT OR AGENCY.—The 

12 term ‘‘Federal department or agency’’ means— 

13 (A) an Executive department, as defined in 

14 section 101 of title 5, United States Code; 

15 (B) an independent establishment, as de16 fined in section 104 of title 5, United States 

17 Code; 

18 (C) a Government corporation, as defined 

19 in section 103 of title 5, United States Code; 

20 and 

21 (D) the United States Postal Service. 

22 (4) FIREARM.—The term ‘‘firearm’’ has the 

23 meaning given the term in section 921 of title 18, 

24 United States Code. 


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1 (5) JTTF.—The term ‘‘JTTF’’ means the 

2 Joint Terrorism Task Forces established by the 

3 Federal Bureau of Investigation. 

4 (6) KEY RESOURCES.—The term ‘‘key re5 sources’’ has the meaning given the term in section 

6 2 of the Homeland Security Act of 2002 (6 U.S.C. 

7 101). 

8 (7) TERRORISM.—The term ‘‘terrorism’’ in9 cludes international terrorism and domestic ter10 rorism, as those terms are defined in section 2331 

11 of title 18, United States Code. 

12 SEC. 4. CONSOLIDATION AND NOTIFICATION OF TER13 RORISM INVESTIGATION INFORMATION. 

14 (a) CONSOLIDATION OF TERRORISM INVESTIGATION

15 INFORMATION.— 

16 (1) IN GENERAL.—Not later than 90 days after 

17 the date of enactment of this Act and on an ongoing 

18 basis thereafter, the head of each Federal depart19 ment or agency shall, to the extent permitted by law, 

20 provide to the Director of the Federal Bureau of In21 vestigation any information in the possession, cus22 tody, or control of the Federal department or agency 

23 relating to any person who is, or has been, under a 

24 terrorism investigation. 


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1 (2) REQUIREMENT.—The Director of the Fed2 eral Bureau of Investigation shall— 

3 (A) implement appropriate procedures and 

4 safeguards with respect to all information pro5 vided under paragraph (1); and 

6 (B) identify, prioritize, and coordinate the 

7 protection of critical infrastructure and key re8 sources in order to prevent, deter, and mitigate 

9 the effects of deliberate efforts to destroy, inca10 pacitate, or exploit such infrastructure and re11 sources. 

12 (b) NOTIFICATION OF TERRORISM INVESTIGATION

13 INFORMATION TO APPROPRIATE LAW ENFORCEMENT EN14 TITIES.—The Director of the Federal Bureau of Investiga15 tion and the JTTF shall be immediately notified of any 

16 request to transfer a firearm or explosive to a person who 

17 is, or within the previous 10 years was, the subject of a 

18 terrorism investigation by any Federal department or 

19 agency. 

20 (c) AUDIT.— 

21 (1) IN GENERAL.—Not earlier than 180 days 

22 after the date of enactment of this Act and not later 

23 than 1 year after the date of enactment of this Act, 

24 the Inspector General of the Intelligence Community 

25 shall initiate an audit of all of the terrorism-related 


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1 screening and watch list procedures of the Federal 

2 Government in order to identify any problems or in3 efficiencies in the nomination and redress procedures 

4 pertaining to the maintenance of terrorism watch 

5 list records. 

6 (2) REPORT.—Not later than 2 years after the 

7 date of enactment of this Act, the Inspector General 

8 of the Intelligence Community shall submit a report 

9 to the Select Committee on Intelligence of the Sen10 ate and the Permanent Select Committee on Intel11 ligence of the House of Representatives on the find12 ings of the audit conducted under paragraph (1), 

13 which shall include recommendations, if any, for im14 proving the nomination or redress procedures de15 scribed in paragraph (1). 

16 (3) FORM OF REPORT.—The report required to 

17 be submitted under paragraph (2) shall be submitted 

18 in unclassified form, but may include a classified 

19 annex. 

20 SEC. 5. ATTORNEY GENERAL AUTHORITY TO DELAY FIRE21 ARMS TRANSFER TO SUSPECTED TERROR22 ISTS. 

23 (a) ESTABLISHMENT OF PROCESS.— 

24 (1) IN GENERAL.—Not later than 90 days after 

25 the date of enactment of this Act, the Attorney GenVerDate Sep 11 2014 23:57 Jan 27, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S151.IS S151

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1 eral shall establish a process under which, for any 

2 person who is, or within the previous 10 years was, 

3 the subject of a terrorism investigation by any Fed4 eral department or agency, the Attorney General 

5 may— 

6 (A) delay the transfer of a firearm or ex7 plosive to the person for a period not to exceed 

8 10 business days; and 

9 (B) file an emergency petition in a court of 

10 competent jurisdiction to prevent the transfer of 

11 the firearm or explosive. 

12 (2) HEARING.— 

13 (A) PRIORITY; APPLICABLE LAWS.—An 

14 emergency petition filed under paragraph 

15 (1)(B) and the subsequent hearing shall— 

16 (i) receive the highest possible priority 

17 on the docket of the court of competent ju18 risdiction; and 

19 (ii) be subject to the Classified Infor20 mation Procedures Act (18 U.S.C. App.). 

21 (B) NOTICE; COUNSEL.—A court shall en22 sure that a person for whom an emergency peti23 tion is filed under paragraph (1)(B)— 

24 (i) receives actual notice of the hear25 ing; and 


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1 (ii) is provided with an opportunity to 

2 participate with counsel in the hearing. 

3 (C) GRANT OF PETITION.—A court shall 

4 grant an emergency petition filed under para5 graph (1)(B) if the court finds that there is 

6 probable cause to believe that the person is en7 gaged, or has been engaged, in conduct consti8 tuting, in preparation of, in aid of, or relating 

9 to terrorism, or providing material support or 

10 resources therefor. 

11 (D) COSTS AND FEES.—If an emergency 

12 petition filed under paragraph (1)(B) is denied, 

13 the Government shall be responsible for all rea14 sonable costs and attorneys’ fees. 

15 (3) ARREST AUTHORITY.—The Attorney Gen16 eral may arrest and detain a person for whom an 

17 emergency petition has been filed under paragraph 

18 (1)(B) where probable cause exists to believe that 

19 the person is engaged, or has been engaged, in con20 duct constituting, in preparation of, in aid of, or re21 lating to terrorism, or providing material support or 

22 resources therefor. 

23 (b) REPORT.—Not later than 60 days after the date 

24 of enactment of this Act, and quarterly thereafter, the At25 torney General shall submit to the Committee on the JudiVerDate Sep 11 2014 23:57 Jan 27, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S151.IS S151

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1 ciary of the Senate and the Committee on the Judiciary 

2 of the House of Representatives a report providing, for 

3 the reporting period— 

4 (1) the number of emergency petitions filed 

5 under subsection (a); 

6 (2) the number of individuals to whom the 

7 transfer of a firearm or explosive was prevented 

8 under an order granting an emergency petition filed 

9 under subsection (a); and 

10 (3) the number of instances in which a court 

11 denied an emergency petition filed under subsection 

12 (a). 

Æ 


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