[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3117 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3117

    To require the Financial Crimes Enforcement Network to issue an 
advisory about how homegrown violent extremists and other perpetrators 
of domestic terrorism procure firearms and firearm accessories, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 28, 2021

 Mr. Markey (for himself, Mr. Blumenthal, Mrs. Feinstein, Ms. Warren, 
and Mr. Booker) introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
    To require the Financial Crimes Enforcement Network to issue an 
advisory about how homegrown violent extremists and other perpetrators 
of domestic terrorism procure firearms and firearm accessories, 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 ``Gun Violence Prevention Through 
Financial Intelligence Act''.

SEC. 2. ADVISORY ON THE PROCUREMENT OF FIREARMS AND FIREARM 
              ACCESSORIES.

    (a) Definitions.--In this section:
            (1) Domestic terrorism.--The term ``domestic terrorism'' 
        has the meaning given the term in section 2331 of title 18, 
        United States Code.
            (2) FinCEN.--The term ``FinCEN'' means the Financial Crimes 
        Enforcement Network.
            (3) Financial institution.--The term ``financial 
        institution'' has the meaning given the term in section 5312(a) 
        of title 31, United States Code.
            (4) Firearm.--The term ``firearm'' has the meaning given 
        the term in section 921(a) of title 18, United States Code.
    (b) Request for Information.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, FinCEN shall request information from 
        financial institutions for the purpose of developing an 
        advisory about the identification and reporting of suspicious 
        activity relating to--
                    (A) how homegrown violent extremists and 
                perpetrators of domestic terrorism procure firearms and 
                firearm accessories for the purpose of carrying out 
                lone actor or lone wolf acts of terror within the 
                United States; and
                    (B) the ways in which the firearms market in the 
                United States is exploited to facilitate gun violence 
                in the United States.
            (2) Application of section 5318(g) of title 31.--Section 
        5318(g) of title 31, United States Code, shall apply to a 
        request for information from a financial institution by FinCEN 
        under paragraph (1) in the same manner that section applies to 
        a requirement by the Secretary of the Treasury of a financial 
        institution to report a suspicious transaction under that 
        section.
            (3) Tailoring.--In requesting information from a financial 
        institution under paragraph (1), FinCEN shall consider the size 
        of the financial institution and tailor the request 
        accordingly.
            (4) Consultation.--Before requesting information from a 
        financial institution under paragraph (1), FinCEN shall 
        consult, with respect to the nature of the request, with--
                    (A) the Director of the Federal Bureau of 
                Investigation;
                    (B) the Director of the Bureau of Alcohol, Tobacco, 
                Firearms and Explosives of the Department of Justice; 
                and
                    (C) sellers of firearms and firearm accessories.
    (c) Advisory.--
            (1) Sufficient information collected.--Not later than 540 
        days after the date of enactment of this Act, if FinCEN 
        determines that the information collected under subsection 
        (b)(1) is sufficient to develop the advisory described in that 
        subsection, FinCEN shall issue the advisory.
            (2) Insufficient information collected.--Not later than 540 
        days after the date of enactment of this Act, if FinCEN 
        determines that the information collected under subsection 
        (b)(1) is not sufficient to develop the advisory described in 
        that subsection, FinCEN shall submit to the Committee on 
        Banking, Housing, and Urban Affairs of the Senate and the 
        Committee on Financial Services of the House of Representatives 
        a report that describes--
                    (A) the type information collected under subsection 
                (b)(1);
                    (B) the methodology used to collect such 
                information;
                    (C) the degree to which financial institutions 
                provided information requested;
                    (D) why such information is not sufficient to 
                develop the advisory described in subsection (b)(1); 
                and
                    (E) any barriers to obtaining the information that 
                is required to develop the advisory described in 
                subsection (b)(1).
    (d) Rulemaking.--Not later than 90 days after the date of enactment 
of this Act, FinCEN, in consultation with the Director of the Federal 
Bureau of Investigation and the Director of the Bureau of Alcohol, 
Tobacco, Firearms and Explosives of the Department of Justice, shall 
promulgate a rule that defines the following terms for the purpose of 
this section:
            (1) Firearm accessory.
            (2) Homegrown violent extremist.
            (3) Lone wolf.
            (4) Lone actor.
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