Terror Intelligence Improvement Act of 2021
Bill: S.183 | Sponsor: Sen. Rubio, Marco (R-FL)
Policy area: Crime and Law Enforcement

Summary:
Terror Intelligence Improvement Act of 2021
This bill establishes a framework to limit the transfer of a firearm or explosive to a person who is or has been under a federal terrorism investigation.
Specifically, the bill requires each federal department or agency to provide to the Federal Bureau of Investigation (FBI) information about a person who is or has been under a federal terrorism investigation.
Additionally, it requires the FBI and its Joint Terrorism Task Forces to immediately be notified of a request to transfer a firearm or explosive to a person who is, or was within the previous 10 years, under a federal terrorism investigation (i.e., a suspected terrorist). Further, the Department of Justice must establish a process to delay and prevent the transfer of a firearm or explosive to a suspected terrorist.

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 2021''.

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 Syria 
        (commonly known as ``ISIS''), 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 
        Act of 2001 (also known as the ``USA PATRIOT Act'') (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 agency, as defined in section 105 
                of title 5, United States Code; and
                    (B) 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 Attorney General shall 
ensure that the national instant criminal background check system 
established under section 103 of the Brady Handgun Violence Prevention 
Act (34 U.S.C. 40901) immediately notifies the Director of the Federal 
Bureau of Investigation and the JTTF 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, 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 during the 
        preceding 10-year period 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 for a person 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 attorney's 
                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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