Gun Violence Prevention Through Financial Intelligence Act

I 118TH CONGRESS 1ST SESSION H. R. 4158 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 JUNE 15, 2023 Ms. DEAN of Pennsylvania (for herself and Ms. WEXTON) introduced the following bill; which was referred to the Committee 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 SEC. 2. ADVISORY ON THE PROCUREMENT OF FIREARMS 6 AND FIREARM ACCESSORIES. 7 (a) DEFINITIONS.—In this section: 8 VerDate Sep 11 2014 05:00 Jul 21, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4158.IH H4158 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 4158 IH (1) DOMESTIC TERRORISM.—The term ‘‘domes- 1 tic terrorism’’ has the meaning given the term in 2 section 2331 of title 18, United States Code. 3 (2) FINCEN.—The term ‘‘FinCEN’’ means the 4 Financial Crimes Enforcement Network. 5 (3) FINANCIAL INSTITUTION.—The term ‘‘fi- 6 nancial institution’’ has the meaning given the term 7 in section 5312(a) of title 31, United States Code. 8 (4) FIREARM.—The term ‘‘firearm’’ has the 9 meaning given the term in section 921(a) of title 18, 10 United States Code. 11 (b) REQUEST FOR INFORMATION.— 12 (1) IN GENERAL.— Not later than 1 year after 13 the date of enactment of this Act, FinCEN shall re- 14 quest information from financial institutions for the 15 purpose of developing an advisory about the identi- 16 fication and reporting of suspicious activity relating 17 to— 18 (A) how homegrown violent extremists and 19 perpetrators of domestic terrorism procure fire- 20 arms and firearm accessories for the purpose of 21 carrying out lone actor or lone wolf acts of ter- 22 ror within the United States; and 23 VerDate Sep 11 2014 05:00 Jul 21, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4158.IH H4158 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 4158 IH (B) the ways in which the firearms market 1 in the United States is exploited to facilitate 2 gun violence in the United States. 3 (2) APPLICATION OF SECTION 5318(g) OF 4 TITLE 31.—Section 5318(g) of title 31, United 5 States Code, shall apply to a request for information 6 from a financial institution by FinCEN under para- 7 graph (1) in the same manner that section applies 8 to a requirement by the Secretary of the Treasury 9 of a financial institution to report a suspicious 10 transaction under that section. 11 (3) TAILORING.—In requesting information 12 from a financial institution under paragraph (1), 13 FinCEN shall consider the size of the financial insti- 14 tution and tailor the request accordingly. 15 (4) CONSULTATION.—Before requesting infor- 16 mation from a financial institution under paragraph 17 (1), FinCEN shall consult, with respect to the na- 18 ture of the request, with— 19 (A) the Director of the Federal Bureau of 20 Investigation; 21 (B) the Director of the Bureau of Alcohol, 22 Tobacco, Firearms and Explosives of the De- 23 partment of Justice; and 24 VerDate Sep 11 2014 05:00 Jul 21, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4158.IH H4158 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 4158 IH (C) sellers of firearms and firearm acces- 1 sories. 2 (c) ADVISORY.— 3 (1) SUFFICIENT INFORMATION COLLECTED.— 4 Not later than 540 days after the date of enactment 5 of this Act, if FinCEN determines that the informa- 6 tion collected under subsection (b)(1) is sufficient to 7 develop the advisory described in that subsection, 8 FinCEN shall issue the advisory. 9 (2) INSUFFICIENT INFORMATION COL- 10 LECTED.—Not later than 540 days after the date of 11 enactment of this Act, if FinCEN determines that 12 the information collected under subsection (b)(1) is 13 not sufficient to develop the advisory described in 14 that subsection, FinCEN shall submit to the Com- 15 mittee on Banking, Housing, and Urban Affairs of 16 the Senate and the Committee on Financial Services 17 of the House of Representatives a report that de- 18 scribes— 19 (A) the type of information collected under 20 subsection (b)(1); 21 (B) the methodology used to collect such 22 information; 23 (C) the degree to which financial institu- 24 tions provided information requested; 25 VerDate Sep 11 2014 05:00 Jul 21, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4158.IH H4158 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 4158 IH (D) why such information is not sufficient 1 to develop the advisory described in subsection 2 (b)(1); and 3 (E) any barriers to obtaining the informa- 4 tion that is required to develop the advisory de- 5 scribed in subsection (b)(1). 6 (d) RULEMAKING.—Not later than 90 days after the 7 date of enactment of this Act, FinCEN, in consultation 8 with the Director of the Federal Bureau of Investigation 9 and the Director of the Bureau of Alcohol, Tobacco, Fire- 10 arms, and Explosives of the Department of Justice, shall 11 promulgate a rule that defines the following terms for the 12 purpose of this section: 13 (1) Firearm accessory. 14 (2) Homegrown violent extremist. 15 (3) Lone wolf. 16 (4) Lone actor. 17 Æ VerDate Sep 11 2014 05:00 Jul 21, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H4158.IH H4158 kjohnson on DSK79L0C42PROD with BILLS