,,ii #aaith ,,congress #b;d ,session ,s4 #efef ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #cj1 #bjbf,mr4 ,whitehouse 7for himself1 ,ms4 ,klobuchar1 ,mr4 ,wyden1 ,mr4 ,coons1 ,ms4 ,hirono1 ,ms4 ,smith1 ,ms4 ,blunt ,rochester1 and ,mr4 ,schiff7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to provide for victims of crime to be notified of firearms-related activity by the offender1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,domestic ,violence ,survivors ,alerted ,for ,emergency ,notice ,act or the ,domestic ,violence ,,safe ,notice ,act4 #b4 ,victim notification system 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by inserting after section #ibe;,d the following3 #ibe;,e4 ,notification to firearms access victim notification system of prohibited purchase or attempted purchase of a firearm 7a7 ,establishment 7#a7 ,victim notification system 7,a7 ,in general ,the ,federal ,bureau of ,investigation shall1 in consultation with appropriate ,state1 local1 and ,tribal agencies1 including agencies responsible for management of criminal history records and victim notification systems1 establish a firearms access victim notification system to notify crime victims 7as defined in section #cgga7;e77#b77 harmed by offenses under section #aag1 #aeia1 #bbfa1 #bbfa;,a1 or #bbfb 7hereinafter referred to as crime victims7 who have registered to be notified1 as provided by this section1 of firearms-related activity by the offender4 ,this system shall allow victims of such crimes to register for notifications and to deregister at will4 ,victim information provided for use in the firearms access victim notification system shall only be used for firearms access notification purposes4 7,b7 ,clarification with respect to pardoned offenders ,notification to a crime victim under subparagraph 7,a7 shall-- 7i7 not apply with respect to firearms-related activity by an offender who has received a pardon or restoration of rights with respect to the offense pursuant to which the crime victim registered to receive such notifications2 and 7ii7 still apply with respect to firearms-related activity by an offender who has received a pardon or restoration of rights with respect to an offense other than the offense pursuant to which the crime victim registered to receive such notifications4 7#b7 ,legal guardians and representatives2 related offenders 7,a7 ,in general ,in the event that a crime victim is under #ah years of age1 incompetent1 or incapacitated1 the victim notification system under paragraph 7#a7 shall allow the legal guardians of the crime victim1 or any other persons permitted by law to represent the crime victim1 to register and deregister for notification and send relevant notifications to such legal guardian or representative as if such legal guardian or representative were a crime victim for purposes of the victim notification system4 7,b7 ,exception ,in no event shall an offender against a crime victim be permitted to serve as the legal guardian or representative for the crime victim under subparagraph 7,a74 7b7 ,registration 7#a7 ,registration requirements ,no individual shall be registered to be notified under this section unless such individual provides to the firearms access victim notification system-- 7,a7 registration with the ,victim ,notification ,system established under section #bjaja7;d7 of title #cd1 ,united ,states ,code1 shall be sufficient to verify an individual's eligibility to register under this section2 or 7,b7 all information necessary1 as determined by the ,attorney ,general1 to verify the eligibility of such individual to register to be notified under subsection 7a74 7#b7 ,qualifying offenders ,upon registration of a crime victim under subsection 7a71 the firearms access victim notification system shall provide to the ,national ,instant ,criminal ,background ,check ,system the names of any offender against such crime victim covered by subsection 7a77#a74 7c7 ,notification to firearms access victim notification system 7#a7 ,in general ,in the case of a background check on an offender described in subsection 7a77#a7 conducted by the ,national ,instant ,criminal ,background ,check ,system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija71 pursuant to the request of a licensed importer1 licensed manufacturer1 or licensed dealer of firearms1 that determines the receipt of a firearm by the individual would be unlawful3 7,a7 ,the ,national ,instant ,criminal ,background ,system shall notify the firearms access victim notification system of the attempted firearm acquisition4 7,b7 ,if such determination is made after #c business days1 or more than #c days if the number of days under ,state law within which the determination must be made is greater1 after which time a firearm can be transferred1 or1 in the case that the offender is less than #ba years of age1 the number of days under section #ajc7l7 of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija7l77 within which the determination must be made1 have elapsed since the licensee contacted the system and a firearm has been transferred to that offender-- 7i7 the ,national ,instant ,criminal ,background ,system shall notify the firearms access victim notification system that the offender possesses a firearm2 and 7ii7 the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives shall notify the firearms access victim notification system upon retrieval of firearms transferred as described in this subsection4 7,c7 ,if an attempted firearm acquisition results in the arrest of the offender by a ,federal law enforcement agency1 the agency shall notify the firearms access victim notification system4 7,d7 ,if such determination is reversed upon appeal1 the ,national ,instant ,criminal ,background ,check ,system shall notify the firearms access victim notification system4 ,in the event that the reversal is due to a finding that the individual who attempted to purchase the firearm was not the offender1 the notification shall include the reason for the reversal4 7#b7 ,pardons ,in the case of a ,presidential pardon of an offender for an offense under section #aeia1 #bbfa1 #bbfa;,a1 or #bbfb1 the ,office of the ,pardon ,attorney of the ,department of ,justice shall notify the firearms access victim notification system4 7#c7 ,relief from disabilities ,in the case of a successful application or petition for relief from disabilities under section #ibe7;c71 the ,attorney ,general shall notify the firearms access victim notification system4 7d7 ,notifications to crime victims 7#a7 ,in general ,the firearms access victim notification system shall notify the crime victim upon receipt of information described in subsection 7c77#a71 7c77#b71 or 7c77#c74 ,in the case of a notification under subsection 7c77#b7 or 7c77#c71 the notification shall include a statement that the pardoned or relieved individual is no longer prohibited from possessing firearms due to the pardoned offense or offense for which the individual successfully applied or petitioned for relief under section #ibe7;c71 although the individual may be prohibited due to other offenses4 ,a notification issued pursuant this paragraph shall include contact information for the hotline described in section #cac of the ,family ,violence ,prevention and ,services ,act 7#db ,u4,s4,c4 #ajdac74 7#b7 ,retention of information ,the firearms access victim notification system shall retain any information transmitted from the ,national ,instant ,background ,check ,system pursuant to subsection 7c7 for no longer than #bd hours following the issuance of a notification to a crime victim under paragraph 7#a74 7e7 ,annual notices ,the firearms access victim notification shall annually send a notice to crime victims to inform them that they are registered to receive notifications under this section4 7f7 ,outreach ,the ,attorney ,general shall conduct necessary outreach to victims of crimes described in section #aag1 #aeia1 #bbfa1 #bbfa;,a1 or #bbfb1 to educate crime victims about their right to register or deregister for the firearms access victim notification system4 ,upon the conviction of an offender for #a or more of these crimes1 the prosecuting attorney shall notify the crime victim of their ability to register or deregister for the firearms access victim notification system4 ,crime victims shall be informed upon registration with the firearms access victim notification system of the conditions under which an attempt by an offender or respondent to purchase a firearm will result in the crime victim receiving a notification4 7g7 ,rules of construction ,nothing in this section may be construed to create any right or benefit1 substantive or procedural1 enforceable at law or in equity by any party1 against the ,united ,states1 its departments1 agencies1 or entities1 its officers1 employees1 or agents1 or any other person4 7h7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4 4 7b7 ,clerical amendment ,the table of sections for chapter #dd of title #ah is amended by inserting after the item relating to section #ibe;,d the following3 #ibe;,e4 ,notification to firearms access victim notification system of prohibited purchase or attempted purchase of a firearm4 4 #c4 ,pilot program for reporting of background check denials and status changes to state victim notification systems 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 as amended by section #b of this ,act1 is amended by inserting after section #ibe;,e the following3 #ibe;,f4 ,pilot program for reporting of background check denials and status changes to ,state victim notification systems 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means a ,state or ,tribe with a victim notification system4 7#b7 ,offender ,the term offender means an individual who is-- 7,a7 convicted of a prohibiting domestic violence offense2 or 7,b7 under indictment for a domestic violence offense under ,federal1 ,state1 local1 or ,tribal law punishable by imprisonment for a term exceeding #a year4 7#c7 ,partial point of contact ,state ,the term partial point of contact ,state means a ,state in which ,state agencies and the ,national ,instant ,criminal ,background ,check ,system share responsibility for conducting firearms background checks4 7#d7 ,point of contact ,state ,the term point of contact ,state means a ,state that has elected to have ,state agencies conduct all firearms background checks4 7#e7 ,prohibiting domestic violence court order ,the term prohibiting domestic violence court order means-- 7,a7 a court order described in section #ibb7;g77#h72 7,b7 a domestic violence court order 7as defined by the laws of the applicable jurisdiction71 that restricts the respondent from purchasing1 possessing1 or receiving firearms or a certain type of firearm under the laws of such jurisdiction2 or 7,c7 a domestic violence court order 7as defined by the laws of the applicable jurisdiction7 that1 by its terms1 restricts the respondent from purchasing1 possessing1 or receiving firearms or a certain type of firearm4 7#f7 ,prohibiting domestic violence offense ,the term prohibiting domestic violence offense means a domestic violence offense that restricts the offender from purchasing or possessing or receiving firearms under the laws of the applicable jurisdiction4 7#g7 ,qualifying prohibiting domestic violence offense ,the term qualifying prohibiting domestic violence offense means an offense under ,federal law or the laws of the applicable jurisdiction that1 as determined by such jurisdiction1 qualify as a prohibiting domestic violence offense for the purposes of this section4 7#h7 ,respondent ,the term respondent means an individual subject to a prohibiting domestic violence court order4 7#i7 ,victim ,the term victim-- 7,a7 means a victim of a prohibiting domestic violence offense2 7,b7 includes an individual protected by a prohibiting domestic violence court order2 and 7,c7 with respect to registration for1 deregistration from1 or receipt of a notification from a victim notification system1 includes a legal guardian of1 or another person authorized by law to represent1 an individual described in subparagraph 7,a7 or 7,b7 who is a minor1 except that such legal guardian or representative may not be an offender against1 or a respondent subject to a prohibiting domestic violence court order for an offense against1 such individual described in subparagraph 7,a7 or 7,b74 7#aj7 ,victim notification system ,the term victim notification system means-- 7,a7 a system described in section #adjd;,e of the ,victims of ,crime ,act of #aihd 7#cd ,u4,s4,c4 #bjajh71 or a system designed to notify victims of any actions relating to such court order1 that has the capacity to reconcile the data of a victim and an offender or respondent and to maintain confidentiality of the victim2 and 7,b7 which-- 7i7 does not apply with respect to firearms-related activity by an offender who has received a pardon or restoration of rights with respect to the offense pursuant to which the victim registered to receive such notifications2 and 7ii7 still applies with respect to firearms-related activity by an offender who has received a pardon or restoration of rights with respect to an offense other than the offense pursuant to which the victim registered to receive such notifications4 7b7 ,grants 7#a7 ,in general ,the ,attorney ,general1 acting through the ,office on ,victims of ,crime1 shall make grants to eligible entities to upgrade the victim notification systems of the eligible entities to carry out the activities described in subsection 7c74 7#b7 ,purpose ,the purpose of the grants described in paragraph 7#a7 is to enable ,state or ,tribal victim notification systems to notify victims of an attempt by an offender or respondent to acquire a firearm if a background check is conducted by the ,national ,instant ,criminal ,background ,check ,system or appropriate ,state agency pursuant to the request of a licensed importer1 licensed manufacturer1 or licensed dealer of firearms that determines that the receipt of a firearm by a person would violate ,federal1 ,state1 local1 or ,tribal law due to a prohibiting domestic violence offense or prohibiting domestic violence court order4 7#c7 ,distribution ,in awarding the grants described in paragraph 7#a71 the ,attorney ,general1 acting through the ,office on ,victims of ,crime1 shall1 to the extent practicable1 select a diverse mix of eligible entities so as to maximize the ability of the grants1 on the whole1 to help identify issues and determine the efficacy of permanent programs in all jurisdictions4 7c7 ,activities 7#a7 ,required activities ,an eligible entity receiving a grant under this section shall use the grant funds to-- 7,a7 build the capacity of or establish a victim notification system-- 7i7 by which victims shall-- 7,i7 be able to voluntarily register for or deregister from at any time2 7,,ii7 be given the option to remain registered with the system upon the completion of the sentence of the offender in the case of a prohibiting domestic violence offense if the victims were added to the victim notification system due to the incarceration of the offender2 7,,iii7 be informed upon registration with the system of the conditions under which an attempt by an offender or respondent to purchase a firearm will result in the victim receiving a notification2 and 7,,iv7 receive annual notice that they are registered to receive notifications through the victim notification system2 and 7ii7 in consultation with stakeholders1 including ,state or ,tribal domestic violence coalitions1 domestic violence service providers1 and culturally specific programs2 7,b7 establish a mechanism by which the victim notification system can receive reports1 consistent with ,state law1 from-- 7i7 the ,national ,instant ,criminal ,background ,check ,system or1 in the case of a point of contact ,state or partial point of contact ,state1 the appropriate ,state agency that-- 7,i7 an offender or respondent attempted to acquire a firearm if a background check conducted pursuant to the request of a licensed importer1 licensed manufacturer1 or licensed dealer of firearms determines that the receipt of a firearm by the offender or respondent would violate ,federal1 ,state1 local1 or ,tribal law due to a prohibiting domestic violence offense or a prohibiting domestic violence court order2 or 7,,ii7 a firearm has been transferred to the offender or respondent if the determination described in subclause 7,i7 is made after-- 7aa7 #c business days2 7bb7 more than #c business days if the number of days under ,state law within which the determination must be made is greater1 after which time a firearm can be transferred have elapsed since the licensee contacted the system or ,state agency2 or 7cc7 in the case the offender or respondent is less than #ba years of age1 the number of days under section #ajc7l7 of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija7l77 within which the determination must be made2 7ii7 the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives or appropriate ,state agency that a firearm transferred as described in clause 7i77,,ii7 is retrieved2 7iii7 an applicable law enforcement agency if an attempted firearm acquisition results in the arrest of the offender by such agency2 7iv7 the ,national ,instant ,criminal ,background ,check ,system or appropriate ,state or ,tribal agency that-- 7,i7 a determination that receipt of the firearm by a person would violate ,federal1 ,state1 local1 or ,tribal law due to a prohibiting domestic violence offense or a prohibiting domestic violence court order is reversed upon appeal2 and 7,,ii7 the reason for a reversal described in subclause 7,i7 if the reversal is due to a finding that the individual who attempted to purchase the firearm was not the offender or the respondent2 7v7 appropriate ,federal1 ,state1 or ,tribal agencies that-- 7,i7 the conviction for the prohibiting domestic violence offense is expunged or set aside2 7,,ii7 the person has been pardoned for the offense or has had civil rights restored unless the pardon1 expungement1 or restoration of civil rights expressly provides that the person may not ship1 transport1 possess1 or receive firearms2 or 7,,iii7 the person has been granted relief from ,federal1 ,state1 or ,tribal firearms disabilities but that such person may still be prohibited from possessing firearms due to other offenses or disqualifying court orders2 7vi7 appropriate ,federal1 ,state1 or ,tribal agencies that a disqualifying record is removed from the ,national ,instant ,criminal ,background ,check ,system or ,state or ,tribal database due to the expiration of a time-limited ,federal1 ,state1 or ,tribal firearm restriction2 or 7vii7 as relevant1 information provided by licensed dealers2 7,c7 improve the ability of the relevant ,federal1 ,state1 or ,tribal agencies to notify a victim pursuant to a report received under subparagraph 7,b72 7,d7 notify victims of reports received pursuant to subparagraph 7,b71 including providing-- 7i7 the contact information for the hotline described in section #cac of the ,family ,violence ,prevention and ,services ,act 7#db ,u4,s4,c4 #ajdac72 and 7ii7 information about relevant ,state-based or ,tribal-based resources2 7,e7 provide training for judges1 judicial personnel1 domestic violence advocates1 prosecutors1 law enforcement1 attorneys1 and others on notifying victims of their ability to register with the victim notification system and of registration procedures2 7,f7 periodically review and update as necessary the list of qualifying prohibiting domestic violence offenses submitted pursuant to subsection 7d77#c72 and 7,g7 develop best practices for carrying out the requirements in this subsection4 7#b7 ,optional activities ,eligible entities receiving grants under this section may use the grant funds to take other such actions as are necessary to enable ,state victim notification systems to notify victims of an attempt of an offender or respondent to acquire a firearm4 7#c7 ,timeline ,an eligible entity that receives a grant under this section shall-- 7,a7 implement the mandatory activities under paragraph 7#a7 not later than #c years after receiving the grant2 and 7,b7 continue the victim notification system for not fewer than #c years4 7d7 ,application ,an eligible entity shall submit an application to the ,attorney ,general that includes-- 7#a7 a description of the existing victim notification system1 including-- 7,a7 in what agency the victim notification system resides2 7,b7 a description of the circumstances in which victims are currently added to the victim notification system2 and 7,c7 the manner in which victims are notified through the victim notification system2 7#b7 an initial list of entities that will be involved in establishing the process by which victims can register with the victim notification system and deregister from the victim notification system2 7#c7 an initial list of qualifying prohibiting domestic violence offenses within the jurisdiction of the entity2 and 7#d7 any other information required by the ,attorney ,general4 7e7 ,report to ,attorney ,general 7#a7 ,initial report ,not later than #b years after receiving a grant under this section1 an eligible entity shall submit to the ,attorney ,general a report that details the plan of the entity for implementation of the program under subsection 7c74 7#b7 ,subsequent reports 7,a7 ,in general ,not later than #a year after implementing the victim notification system under subsection 7c71 and not later than #b years thereafter1 an eligible entity shall submit to the ,attorney ,general reports that describe the victim notification system implemented under subsection 7c71 including with respect to-- 7i7 viability2 7ii7 cost2 7iii7 use2 7iv7 challenges2 and 7v7 best practices for implementing the victim notification system4 7,b7 ,contents of final report ,an eligible entity shall include in the second report submitted under subparagraph 7,a7 recommendations for future nationwide implementation of the program implemented by the eligible entity4 7#c7 ,report to ,congress ,not later than #a year after the ,attorney ,general receives all reports under paragraphs 7#a7 and 7#b71 the ,attorney ,general shall submit to ,congress a report analyzing the information received in such reports that includes-- 7,a7 a description of challenges encountered2 7,b7 recommendations for ,congress to improve or expand the grant program under this section2 and 7,c7 an analysis of the feasibility of using a single1 ,federally operated notification system4 7f7 ,authorization of appropriations ,in addition to any amounts otherwise appropriated to the ,crime ,victims ,fund1 there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjbg through #bjca4 7g7 ,reports ,as relevant1 the ,federal ,bureau of ,investigation1 through the ,national ,instant ,criminal ,background ,check ,system1 and the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives shall provide the reports described in subsection 7c77#a77;,b7 to recipients of a grant under this section not later than #bd hours after an event requiring the provision of such report4 7h7 ,rule of construction ,nothing in this section may be construed to create any right or benefit1 substantive or procedural1 enforceable at law or in equity by any party1 against the ,united ,states1 its departments1 agencies1 or entities1 its officers1 employees1 or agents1 or any other person4 4 7b7 ,clerical amendment ,the table of sections for chapter #dd of title #ah1 ,united ,states ,code1 as amended by section #b of this ,act1 is amended by inserting after the item relating to section #ibe;,e the following3 #ibe;,f4 ,pilot program for reporting of background check denials and status changes to ,state victim notification systems4 4 #d4 ,rule of construction ,nothing in this ,act1 or the amendments made by this ,act1 shall be construed to affect an individual's right to possess1 receive1 ship1 or transport a firearm that is otherwise permitted by law4