Gun Violence Prevention Through Financial Intelligence Act

I 116TH CONGRESS 1ST SESSION H. R. 5132 To require the Financial Crimes Enforcement Network to issue an advisory about how homegrown violent extremists and other perpetrators of do- mestic terrorism procure firearms and firearm accessories, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 15, 2019 Ms. WEXTON (for herself, Mr. BEYER, Ms. DEAN, Mr. CASTEN of Illinois, Mr. CA´RDENAS, Mr. CUELLAR, Mr. CONNOLLY, Mr. HASTINGS, and Ms. NORTON) introduced the following bill; which was referred to the Com- mittee on Financial Services A BILL To require the Financial Crimes Enforcement Network to issue an advisory about how homegrown violent extrem- ists and other perpetrators of domestic terrorism procure firearms and firearm accessories, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Gun Violence Preven- 4 tion Through Financial Intelligence Act’’. 5 VerDate Sep 11 2014 01:56 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5132.IH H5132 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5132 IH SEC. 2. ADVISORY ON THE PROCUREMENT OF FIREARMS 1 AND FIREARM ACCESSORIES FOR THE PUR- 2 POSES OF CARRYING OUT ‘‘LONE WOLF’’ ACTS 3 OF TERROR AND ON THE CRIMINAL EXPLOI- 4 TATION OF THE UNITED STATES FIREARMS 5 MARKET. 6 (a) IN GENERAL.— 7 (1) REQUEST FOR INFORMATION.—The Finan- 8 cial Crimes Enforcement Network shall, not later 9 than one year after the date of the enactment of this 10 section, request information from financial institu- 11 tions for the purpose of developing an advisory 12 about the identification and reporting of suspicious 13 activity pursuant to section 5318(g) of title 31, 14 United States Code, concerning— 15 (A) activity relating to how homegrown 16 violent extremists and perpetrators of domestic 17 terrorism procure firearms and firearm acces- 18 sories for the purpose of carrying out ‘‘lone 19 actor’’ or ‘‘lone wolf’’ acts of terror within the 20 United States; and 21 (B) the ways in which the United States 22 firearms market is exploited to facilitate gun vi- 23 olence in the United States. 24 (2) TAILORING.—In requesting information 25 pursuant to paragraph (1), FinCEN shall consider 26 VerDate Sep 11 2014 01:56 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5132.IH H5132 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5132 IH the size of the financial institution from which it is 1 seeking information and tailor the request accord- 2 ingly. 3 (3) CONSULTATION.—Before requesting infor- 4 mation pursuant to paragraph (1), FinCEN shall 5 consult, with regard to the nature of such request, 6 with the following: 7 (A) The Director of the Federal Bureau of 8 Investigation. 9 (B) The head of the Bureau of Alcohol, 10 Tobacco, Firearms and Explosives at the De- 11 partment of Justice. 12 (C) Sellers of firearm and firearm acces- 13 sories. 14 (b) ADVISORY.— 15 (1) SUFFICIENT INFORMATION COLLECTED.—If 16 FinCEN determines that the information collected 17 pursuant to subsection (a) is sufficient to develop 18 the advisory described in subsection (a), FinCEN 19 shall issue such advisory not later than 180 days 20 after the conclusion of the 1-year period beginning 21 on the date of the enactment of this section. 22 (2) INSUFFICIENT INFORMATION COL- 23 LECTED.—If FinCEN determines that the informa- 24 tion collected pursuant to subsection (a) is not suffi- 25 VerDate Sep 11 2014 01:56 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5132.IH H5132 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5132 IH cient to develop the advisory described in subsection 1 (a), FinCEN shall, not later than 180 days after the 2 conclusion of the 1-year period beginning on the 3 date of the enactment of this section, submit a re- 4 port to the Committee on Financial Services of the 5 House of Representatives and the Committee on 6 Banking, Housing, and Urban Affairs of the Senate 7 that describes— 8 (A) the type information that was collected 9 pursuant to subsection (a); 10 (B) the methodology that was used to col- 11 lect such information; 12 (C) the degree to which financial institu- 13 tions provided information requested; 14 (D) why such information is not sufficient 15 to develop the advisory described in subsection 16 (a); and 17 (E) any barriers to obtaining the informa- 18 tion that is required to develop the advisory de- 19 scribed in subsection (a). 20 (c) RULEMAKING.—FinCEN shall, not later than 3 21 months after the date of the enactment of this section, 22 after consulting with the Director of the Federal Bureau 23 of Investigation and the head of the Bureau of Alcohol, 24 Tobacco, Firearms and Explosives at the Department of 25 VerDate Sep 11 2014 01:56 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5132.IH H5132 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5132 IH Justice, define by rule the following terms for the purposes 1 of this section: 2 (1) Firearm accessory. 3 (2) Homegrown violent extremist. 4 (3) Lone wolf. 5 (4) Lone actor. 6 (d) DEFINITIONS.—For the purposes of this section: 7 (1) DOMESTIC TERRORISM.—The term ‘‘domes- 8 tic terrorism’’ has the meaning given the term in 9 section 2331 of title 18, United States Code. 10 (2) FINCEN.—The term ‘‘FinCEN’’ means the 11 Financial Crimes Enforcement Network. 12 (3) FINANCIAL INSTITUTION.—The term ‘‘fi- 13 nancial institution’’ has the meaning given the term 14 in section 5312(a) of title 31, United States Code. 15 (4) FIREARM.—The term ‘‘firearm’’ has the 16 meaning given the term in section 921(a) of title 18, 17 United States Code. 18 Æ VerDate Sep 11 2014 23:47 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H5132.IH H5132 pamtmann on DSKBC07HB2PROD with BILLS