[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3332 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3332

   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

                           September 15, 2016

   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.

    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 2016''.

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 the 
        suspect 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 the 
        Levant (commonly known as ``ISIL''), 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 
        (USA PATRIOT) Act of 2001 (42 U.S.C. 5195c(e)).
            (2) Federal department or agency.--The term ``Federal 
        department or agency'' means--
                    (A) an Executive department, as defined in section 
                101 of title 5, United States Code;
                    (B) an independent establishment, as defined in 
                section 104 of title 5, United States Code;
                    (C) a Government corporation, as defined in section 
                103 of title 5, United States Code; and
                    (D) the United States Postal Service.
            (3) Firearm.--The term ``firearm'' has the meaning given 
        the term in section 921 of title 18, United States Code.
            (4) JTTF.--The term ``JTTF'' means the Joint Terrorism Task 
        Forces established by the Federal Bureau of Investigation.
            (5) 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).
            (6) Terrorism.--The term ``terrorism'' includes 
        international terrorism and domestic terrorism, as 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 Director of the Federal 
Bureau of Investigation and the JTTF shall be immediately notified 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 6 months after the date 
        of enactment of this Act and not later than 1 year after the 
        date of enactment of this Act, the Inspector General for 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) In General.--Not later than 90 days after the date of enactment 
of this Act, the Attorney General shall establish a process by which, 
for any person who is, or within the previous 10 years was, the subject 
of a terrorism investigation by any Federal department or agency--
            (1) the Attorney General may delay the transfer of the 
        firearm or explosive to such person for a period not to exceed 
        3 business days and file an emergency petition in a court of 
        competent jurisdiction to prevent the transfer of the firearm 
        or explosive, and such emergency petition and subsequent 
        hearing shall receive the highest possible priority on the 
        docket of the court of competent jurisdiction and be subject to 
        the Classified Information Procedures Act (18 U.S.C. App.);
            (2) such person receives actual notice of the hearing and 
        is provided with an opportunity to participate with counsel and 
        the emergency petition shall be granted 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;
            (3) if the emergency petition is denied, the Government 
        shall be responsible for all reasonable costs and attorneys' 
        fees; and
            (4) the Attorney General may arrest and detain such person 
        for whom an emergency petition has been filed 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 prevented a firearm or 
        explosive transfer 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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