II 

116TH CONGRESS 

1ST SESSION S. 1778 

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 

JUNE 11, 2019 

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 2019’’. 

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 Syria (commonly known as 

17 ‘‘ISIS’’), and generally, leading up to the attack, for 

18 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 agency, as defined in sec14 tion 105 of title 5, United States Code; and 

15 (B) the United States Postal Service. 

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

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

18 United States Code. 

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

20 Joint Terrorism Task Forces established by the 

21 Federal Bureau of Investigation. 

22 (6) KEY RESOURCES.—The term ‘‘key re23 sources’’ has the meaning given the term in section 

24 2 of the Homeland Security Act of 2002 (6 U.S.C. 

25 101). 


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1 (7) TERRORISM.—The term ‘‘terrorism’’ in2 cludes international terrorism and domestic ter3 rorism, as those terms are defined in section 2331 

4 of title 18, United States Code. 

5 SEC. 4. CONSOLIDATION AND NOTIFICATION OF TER6 RORISM INVESTIGATION INFORMATION. 

7 (a) CONSOLIDATION OF TERRORISM INVESTIGATION

8 INFORMATION.— 

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

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

11 basis thereafter, the head of each Federal depart12 ment or agency shall, to the extent permitted by law, 

13 provide to the Director of the Federal Bureau of In14 vestigation any information in the possession, cus15 tody, or control of the Federal department or agency 

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

17 terrorism investigation. 

18 (2) REQUIREMENT.—The Director of the Fed19 eral Bureau of Investigation shall— 

20 (A) implement appropriate procedures and 

21 safeguards with respect to all information pro22 vided under paragraph (1); and 

23 (B) identify, prioritize, and coordinate the 

24 protection of critical infrastructure and key re25 sources in order to prevent, deter, and mitigate 


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1 the effects of deliberate efforts to destroy, inca2 pacitate, or exploit such infrastructure and re3 sources. 

4 (b) NOTIFICATION OF TERRORISM INVESTIGATION

5 INFORMATION TO APPROPRIATE LAW ENFORCEMENT EN6 TITIES.—The Attorney General shall ensure that the na7 tional instant criminal background check system estab8 lished under section 103 of the Brady Handgun Violence 

9 Prevention Act (34 U.S.C. 40901) immediately notifies 

10 the Director of the Federal Bureau of Investigation and 

11 the JTTF of any request to transfer a firearm or explosive 

12 to a person who is, or within the previous 10 years was, 

13 the subject of a terrorism investigation by any Federal de14 partment or agency. 

15 (c) AUDIT.— 

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

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

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

19 the Inspector General of the Intelligence Community 

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

21 screening and watch list procedures of the Federal 

22 Government in order to identify any problems or in23 efficiencies in the nomination and redress procedures 

24 pertaining to the maintenance of terrorism watch 

25 list records. 


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

2 date of enactment of this Act, the Inspector General 

3 of the Intelligence Community shall submit a report 

4 to the Select Committee on Intelligence of the Sen5 ate and the Permanent Select Committee on Intel6 ligence of the House of Representatives on the find7 ings of the audit conducted under paragraph (1), 

8 which shall include recommendations, if any, for im9 proving the nomination or redress procedures de10 scribed in paragraph (1). 

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

12 be submitted under paragraph (2) shall be submitted 

13 in unclassified form, but may include a classified 

14 annex. 

15 SEC. 5. ATTORNEY GENERAL AUTHORITY TO DELAY FIRE16 ARMS TRANSFER TO SUSPECTED TERROR17 ISTS. 

18 (a) ESTABLISHMENT OF PROCESS.— 

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

20 the date of enactment of this Act, the Attorney Gen21 eral shall establish a process under which, for any 

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

23 the subject of a terrorism investigation by any Fed24 eral department or agency, the Attorney General 

25 may— 


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1 (A) delay the transfer of a firearm or ex2 plosive to the person for a period not to exceed 

3 10 business days; and 

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

5 competent jurisdiction to prevent the transfer of 

6 the firearm or explosive. 

7 (2) HEARING.— 

8 (A) PRIORITY; APPLICABLE LAWS.—An 

9 emergency petition filed under paragraph 

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

11 (i) receive the highest possible priority 

12 on the docket of the court of competent ju13 risdiction; and 

14 (ii) be subject to the Classified Infor15 mation Procedures Act (18 U.S.C. App.). 

16 (B) NOTICE; COUNSEL.—A court shall en17 sure that a person for whom an emergency peti18 tion is filed under paragraph (1)(B)— 

19 (i) receives actual notice of the hear20 ing; and 

21 (ii) is provided with an opportunity to 

22 participate with counsel in the hearing. 

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

24 grant an emergency petition filed under para25 graph (1)(B) if the court finds that there is 


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1 probable cause to believe that the person is en2 gaged, or has been engaged, in conduct consti3 tuting, in preparation of, in aid of, or relating 

4 to terrorism, or providing material support or 

5 resources therefor. 

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

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

8 the Government shall be responsible for all rea9 sonable costs and attorneys’ fees. 

10 (3) ARREST AUTHORITY.—The Attorney Gen11 eral may arrest and detain a person for whom an 

12 emergency petition has been filed under paragraph 

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

14 the person is engaged, or has been engaged, in con15 duct constituting, in preparation of, in aid of, or re16 lating to terrorism, or providing material support or 

17 resources therefor. 

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

19 of enactment of this Act, and quarterly thereafter, the At20 torney General shall submit to the Committee on the Judi21 ciary of the Senate and the Committee on the Judiciary 

22 of the House of Representatives a report providing, for 

23 the reporting period— 

24 (1) the number of emergency petitions filed 

25 under subsection (a); 


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1 (2) the number of individuals to whom the 

2 transfer of a firearm or explosive was prevented 

3 under an order granting an emergency petition filed 

4 under subsection (a); and 

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

6 denied an emergency petition filed under subsection 

7 (a). 

Æ 


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