[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3599 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3599
To establish a grant program for States and Indian Tribes to enroll
individuals purchasing firearms and holders of licenses or permits to
possess, carry, sell, or transfer firearms into the FBI's Rap Back
program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2019
Ms. Adams introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a grant program for States and Indian Tribes to enroll
individuals purchasing firearms and holders of licenses or permits to
possess, carry, sell, or transfer firearms into the FBI's Rap Back
program.
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 ``Law Enforcement Needs to Know Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) The National Instant Criminal Background Check System
(NICS), which is used to conduct background checks on
individuals as they purchase a gun from federally licensed
firearms dealers, provides a one-time snapshot view of an
individual's criminal history status. It does not, however,
provide notice to Federal, State, or local law enforcement
officials if a firearm owner later falls into a category of
people prohibited by law from possessing firearms.
(2) Law enforcement should be notified when a firearm
license or permit holder loses his or her legal eligibility for
the license or permit through criminal activity anywhere in the
country.
(3) The Rap Back Service is a capability of the Federal
Bureau of Investigation's Next Generation Identification (NGI)
system. The Rap Back Service provides notice to authorized
agencies of activity of licensed individuals that might impact
their continued eligibility for a license. Enrollment in the
Rap Back Service eliminates the need for repeated background
checks on a person in order to determine whether they continue
to be eligible for their license.
(4) In 2012, the Government Accountability Office issued a
report based on a survey of State concealed carry permitting
systems. The report found that 6 of the 9 States surveyed used
in-State rap back services to monitor the continued eligibility
of concealed carry permitholders. The report also found that
the FBI's nationwide Rap Back Service may provide States with
``the opportunity to subscribe to this service and
automatically be notified of subsequent arrests across the
United States for crimes committed by permit holders.''.
SEC. 3. GRANT PROGRAM.
(a) In General.--The Attorney General shall award grants to States
and Indian Tribal governments to assist those States and Indian Tribal
governments in enrolling individuals purchasing firearms or applying
for firearm licenses in the Rap Back Service.
(b) Eligibility Requirements.--
(1) In general.--To be eligible for a grant under
subsection (a), a State or Indian Tribal government shall have
in place a law that--
(A) with respect to an individual purchasing a
firearm--
(i) requires the individual to provide
fingerprints in connection with such purchase,
which fingerprints shall be sufficient to
enroll the individual in the Rap Back Service
upon the completion of the sale of the firearm;
and
(ii) requires each agency that facilitates
the sale of the firearm to ensure that the
individual is enrolled in the Rap Back Service;
and
(B) in the case of a State or Indian Tribal
government that issues licenses for an individual to
purchase, possess, transfer, acquire, or carry a
firearm in some or all circumstances or locations--
(i) requires the individual to provide
fingerprints in connection with an application
for the issuance or renewal of such a license,
which fingerprints shall be sufficient to
enroll the individual in the Rap Back Service
upon the completion of the sale of the firearm;
and
(ii) requires each agency that issues or
renews such license to ensure that the
individual is enrolled in the Rap Back Service.
(2) Application.--A requirement for a law described under
paragraph (1) does not apply with respect to individuals who
are certified to purchase, possess, own, transfer, acquire, or
carry a firearm in the course of their employment.
(c) Use of Grant Amounts.--Grants awarded to States or Indian
Tribes under this section may only be used to--
(1) create electronic systems to enroll individuals
described in subparagraphs (A) and (B) of subsection (b)(1) in
the Rap Back Service and for the receipt of criminal history
information about such individuals from the Rap Back Service;
(2) assist local agencies in establishing or enhancing
their own capacities to perform activities described in
paragraph (1);
(3) ensure the accuracy and security of the systems
established under paragraphs (1) and (2);
(4) enroll such individuals in the Rap Back Service; or
(5) collect and analyze data to measure compliance with the
level of enrollment of such individuals in the Rap Back
Service.
(d) Matching Funds.--The portion of the costs of an activity
provided by a grant under subsection (a) may not exceed 50 percent,
unless the Attorney General waives, wholly or in part, the requirement
under this subsection of a non-Federal contribution to the costs of an
activity.
(e) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
(f) Consistency With National Criminal History Improvement
Program.--The Attorney General shall carry out the grant program under
this section in a manner that is consistent with the National Criminal
History Improvement Program.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``firearm'' has the meaning given the term in
section 921 of title 18, United States Code.
(2) The term ``Rap Back Service'' means the capability of
the Federal Bureau of Investigation's Next Generation
Identification system to provide notice to law enforcement
agencies authorized by the Federal Bureau of Investigation to
use such capability of arrests or other activity of licensees
that might impact their continued eligibility for a license to
purchase, possess, own, transfer, acquire, or carry a firearm
in some or all circumstances or locations.
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