I 
115TH CONGRESS 
1ST SESSION H. R. 3998 
To increase public safety by permitting the Attorney General to deny the 
transfer of firearms or the issuance of explosives licenses to known 
or suspected terrorists, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 10, 2017 
Mr. ZELDIN introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To increase public safety by permitting the Attorney General 
to deny the transfer of firearms or the issuance of explo-
sives licenses to known or suspected terrorists, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protect America Act 
of 2017’’. 
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SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHOR-
ITY TO DENY THE SALE, DELIVERY, OR 
TRANSFER OF FIREARMS TO KNOWN OR SUS-
PECTED TERRORISTS; REQUIRING INFORMA-
TION-SHARING 
REGARDING 
ATTEMPTED 
FIREARMS PURCHASES BY KNOWN OR SUS-
PECTED TERRORISTS; AUTHORIZING THE IN-
VESTIGATION 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 fol-
lowing: 
‘‘(7)(A) If the Attorney General is notified of a re-
quest to transfer a firearm to a person who is being inves-
tigated, 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 con-
firm the identity of the prospective transferee and 
confirm or rule out the suspected nexus to terrorism 
of the prospective transferee; 
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‘‘(ii) as appropriate, notify relevant Federal, 
State, or local law enforcement agencies or intel-
ligence agencies concerning the identity of the pro-
spective transferee; and 
‘‘(iii) determine whether the prospective trans-
feree 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 li-
censee is located may— 
‘‘(i) delay the transfer of the firearm for a pe-
riod not to exceed 72 hours; and 
‘‘(ii) file an emergency petition in the United 
States district court for the district involved to pro-
hibit the transfer of the firearm. 
‘‘(C)(i) An emergency petition filed under subpara-
graph (B) shall be granted upon a showing of probable 
cause to believe that the prospective transferee has com-
mitted or is furthering a plan to commit an act of ter-
rorism. 
‘‘(ii) An emergency petition filed under subparagraph 
(B) to prohibit the transfer of a firearm may be granted 
only after a hearing— 
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‘‘(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 prepa-
ration for, in aid of, or related to terrorism, or pro-
viding 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 sec-
tion 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 de-
fined 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.’’. 
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SEC. 3. GRANTING THE ATTORNEY GENERAL THE AUTHOR-
ITY TO DENY THE SALE, DELIVERY, OR 
TRANSFER OF EXPLOSIVES TO KNOWN OR 
SUSPECTED TERRORISTS; REQUIRING INFOR-
MATION-SHARING REGARDING ATTEMPTED 
EXPLOSIVES PURCHASES BY KNOWN OR SUS-
PECTED TERRORISTS; AUTHORIZING THE IN-
VESTIGATION 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 fol-
lowing: 
‘‘(j)(1) If the Attorney General receives an applica-
tion 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 re-
sponsible 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— 
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‘‘(A) as appropriate, take further steps to con-
firm the identity of the applicant, responsible per-
son, or employee and confirm or rule out the sus-
pected nexus to terrorism of the applicant, respon-
sible person, or employee; 
‘‘(B) as appropriate, notify relevant Federal, 
State, or local law enforcement agencies or intel-
ligence agencies concerning the identity of the appli-
cant, responsible person, or employee; and 
‘‘(C) determine whether the applicant, respon-
sible person, or employee is the subject of an ongo-
ing terrorism investigation and, as appropriate, ini-
tiate 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 appli-
cant, 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 pro-
hibit the approval of the application or the issuance 
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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 prepa-
ration for, in aid of, or related to terrorism, or pro-
viding material support or resources for terrorism; 
‘‘(B) the term ‘material support or resources’ 
has the meaning given the term in section 2339A; 
and 
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‘‘(C) the term ‘terrorism’ includes international 
terrorism and domestic terrorism, as defined in sec-
tion 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 de-
fined 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 en-
actment 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; 
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(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 de-
scribed in paragraphs (1) through (4), whether the 
subject of the petition or order was a United States 
citizen or foreign national and whether the allega-
tions involved domestic terrorism or international 
terrorism; 
(6) for any such order issued against a foreign 
national, whether a deportation proceeding was initi-
ated 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 ter-
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