SenateS. 5656119th Congress
Domestic Violence SAFE Notice Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5656 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5656
To amend title 18, United States Code, to provide for victims of crime
to be notified of firearms-related activity by the offender, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30, 2026
Mr. Whitehouse (for himself, Ms. Klobuchar, Mr. Wyden, Mr. Coons, Ms.
Hirono, Ms. Smith, Ms. Blunt Rochester, and Mr. Schiff) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide for victims of crime
to be notified of firearms-related activity by the offender, 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 ``Domestic Violence Survivors Alerted
For Emergency Notice Act'' or the ``Domestic Violence SAFE Notice
Act''.
SEC. 2. VICTIM NOTIFICATION SYSTEM.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 925D the following:
``Sec. 925E. Notification to firearms access victim notification system
of prohibited purchase or attempted purchase of a firearm
``(a) Establishment.--
``(1) Victim notification system.--
``(A) In general.--The Federal Bureau of
Investigation shall, in consultation with appropriate
State, local, and Tribal agencies, including agencies
responsible for management of criminal history records
and victim notification systems, establish a firearms
access victim notification system to notify crime
victims (as defined in section 3771(e)(2)) harmed by
offenses under section 117, 1591, 2261, 2261A, or 2262
(hereinafter referred to as crime victims) who have
registered to be notified, as provided by this section,
of firearms-related activity by the offender. This
system shall allow victims of such crimes to register
for notifications and to deregister at will. Victim
information provided for use in the firearms access
victim notification system shall only be used for
firearms access notification purposes.
``(B) Clarification with respect to pardoned
offenders.--Notification to a crime victim under
subparagraph (A) shall--
``(i) 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
notifications; and
``(ii) 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 notifications.
``(2) Legal guardians and representatives; related
offenders.--
``(A) In general.--In the event that a crime victim
is under 18 years of age, incompetent, or
incapacitated, the victim notification system under
paragraph (1) shall allow the legal guardians of the
crime victim, or any other persons permitted by law to
represent the crime victim, 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 system.
``(B) 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 (A).
``(b) Registration.--
``(1) Registration requirements.--No individual shall be
registered to be notified under this section unless such
individual provides to the firearms access victim notification
system--
``(A) registration with the Victim Notification
System established under section 20101(d) of title 34,
United States Code, shall be sufficient to verify an
individual's eligibility to register under this
section; or
``(B) all information necessary, as determined by
the Attorney General, to verify the eligibility of such
individual to register to be notified under subsection
(a).
``(2) Qualifying offenders.--Upon registration of a crime
victim under subsection (a), 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 (a)(1).
``(c) Notification to Firearms Access Victim Notification System.--
``(1) In general.--In the case of a background check on an
offender described in subsection (a)(1) conducted by the
National Instant Criminal Background Check System established
under section 103 of the Brady Handgun Violence Prevention Act
(34 U.S.C. 40901), pursuant to the request of a licensed
importer, licensed manufacturer, or licensed dealer of
firearms, that determines the receipt of a firearm by the
individual would be unlawful:
``(A) The National Instant Criminal Background
System shall notify the firearms access victim
notification system of the attempted firearm
acquisition.
``(B) If such determination is made after 3
business days, or more than 3 days if the number of
days under State law within which the determination
must be made is greater, after which time a firearm can
be transferred, or, in the case that the offender is
less than 21 years of age, the number of days under
section 103(l) of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901(l)) within which the determination
must be made, have elapsed since the licensee contacted
the system and a firearm has been transferred to that
offender--
``(i) the National Instant Criminal
Background System shall notify the firearms
access victim notification system that the
offender possesses a firearm; and
``(ii) the Bureau of Alcohol, Tobacco,
Firearms and Explosives shall notify the
firearms access victim notification system upon
retrieval of firearms transferred as described
in this subsection.
``(C) If an attempted firearm acquisition results
in the arrest of the offender by a Federal law
enforcement agency, the agency shall notify the
firearms access victim notification system.
``(D) If such determination is reversed upon
appeal, the National Instant Criminal Background Check
System shall notify the firearms access victim
notification system. In the event that the reversal is
due to a finding that the individual who attempted to
purchase the firearm was not the offender, the
notification shall include the reason for the reversal.
``(2) Pardons.--In the case of a Presidential pardon of an
offender for an offense under section 1591, 2261, 2261A, or
2262, the Office of the Pardon Attorney of the Department of
Justice shall notify the firearms access victim notification
system.
``(3) Relief from disabilities.--In the case of a
successful application or petition for relief from disabilities
under section 925(c), the Attorney General shall notify the
firearms access victim notification system.
``(d) Notifications to Crime Victims.--
``(1) In general.--The firearms access victim notification
system shall notify the crime victim upon receipt of
information described in subsection (c)(1), (c)(2), or (c)(3).
In the case of a notification under subsection (c)(2) or
(c)(3), 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 925(c), although the individual may be
prohibited due to other offenses. A notification issued
pursuant this paragraph shall include contact information for
the hotline described in section 313 of the Family Violence
Prevention and Services Act (42 U.S.C. 10413).
``(2) Retention of information.--The firearms access victim
notification system shall retain any information transmitted
from the National Instant Background Check System pursuant to
subsection (c) for no longer than 24 hours following the
issuance of a notification to a crime victim under paragraph
(1).
``(e) 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 section.
``(f) Outreach.--The Attorney General shall conduct necessary
outreach to victims of crimes described in section 117, 1591, 2261,
2261A, or 2262, to educate crime victims about their right to register
or deregister for the firearms access victim notification system. Upon
the conviction of an offender for 1 or more of these crimes, the
prosecuting attorney shall notify the crime victim of their ability to
register or deregister for the firearms access victim notification
system. 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 notification.
``(g) Rules of Construction.--Nothing in this section may be
construed to create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party, against the United
States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
(b) Clerical Amendment.--The table of sections for chapter 44 of
title 18 is amended by inserting after the item relating to section
925D the following:
``925E. Notification to firearms access victim notification system of
prohibited purchase or attempted purchase
of a firearm.''.
SEC. 3. PILOT PROGRAM FOR REPORTING OF BACKGROUND CHECK DENIALS AND
STATUS CHANGES TO STATE VICTIM NOTIFICATION SYSTEMS.
(a) In General.--Chapter 44 of title 18, United States Code, as
amended by section 2 of this Act, is amended by inserting after section
925E the following:
``Sec. 925F. Pilot program for reporting of background check denials
and status changes to State victim notification systems
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
State or Tribe with a victim notification system.
``(2) Offender.--The term `offender' means an individual
who is--
``(A) convicted of a prohibiting domestic violence
offense; or
``(B) under indictment for a domestic violence
offense under Federal, State, local, or Tribal law
punishable by imprisonment for a term exceeding 1 year.
``(3) 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 checks.
``(4) Point of contact state.--The term `point of contact
State' means a State that has elected to have State agencies
conduct all firearms background checks.
``(5) Prohibiting domestic violence court order.--The term
`prohibiting domestic violence court order' means--
``(A) a court order described in section 922(g)(8);
``(B) a domestic violence court order (as defined
by the laws of the applicable jurisdiction), that
restricts the respondent from purchasing, possessing,
or receiving firearms or a certain type of firearm
under the laws of such jurisdiction; or
``(C) a domestic violence court order (as defined
by the laws of the applicable jurisdiction) that, by
its terms, restricts the respondent from purchasing,
possessing, or receiving firearms or a certain type of
firearm.
``(6) 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 jurisdiction.
``(7) 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 that, as determined by such
jurisdiction, qualify as a prohibiting domestic violence
offense for the purposes of this section.
``(8) Respondent.--The term `respondent' means an
individual subject to a prohibiting domestic violence court
order.
``(9) Victim.--The term `victim'--
``(A) means a victim of a prohibiting domestic
violence offense;
``(B) includes an individual protected by a
prohibiting domestic violence court order; and
``(C) with respect to registration for,
deregistration from, or receipt of a notification from
a victim notification system, includes a legal guardian
of, or another person authorized by law to represent,
an individual described in subparagraph (A) or (B) who
is a minor, except that such legal guardian or
representative may not be an offender against, or a
respondent subject to a prohibiting domestic violence
court order for an offense against, such individual
described in subparagraph (A) or (B).
``(10) Victim notification system.--The term `victim
notification system' means--
``(A) a system described in section 1404E of the
Victims of Crime Act of 1984 (34 U.S.C. 20108), or a
system designed to notify victims of any actions
relating to such court order, that has the capacity to
reconcile the data of a victim and an offender or
respondent and to maintain confidentiality of the
victim; and
``(B) which--
``(i) 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
notifications; and
``(ii) 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 notifications.
``(b) Grants.--
``(1) In general.--The Attorney General, acting through the
Office on Victims of Crime, shall make grants to eligible
entities to upgrade the victim notification systems of the
eligible entities to carry out the activities described in
subsection (c).
``(2) Purpose.--The purpose of the grants described in
paragraph (1) 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 importer, licensed manufacturer, or licensed dealer of
firearms that determines that the receipt of a firearm by a
person would violate Federal, State, local, or Tribal law due
to a prohibiting domestic violence offense or prohibiting
domestic violence court order.
``(3) Distribution.--In awarding the grants described in
paragraph (1), the Attorney General, acting through the Office
on Victims of Crime, shall, to the extent practicable, select a
diverse mix of eligible entities so as to maximize the ability
of the grants, on the whole, to help identify issues and
determine the efficacy of permanent programs in all
jurisdictions.
``(c) Activities.--
``(1) Required activities.--An eligible entity receiving a
grant under this section shall use the grant funds to--
``(A) build the capacity of or establish a victim
notification system--
``(i) by which victims shall--
``(I) be able to voluntarily
register for or deregister from at any
time;
``(II) 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 offender;
``(III) 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 notification; and
``(IV) receive annual notice that
they are registered to receive
notifications through the victim
notification system; and
``(ii) in consultation with stakeholders,
including State or Tribal domestic violence
coalitions, domestic violence service
providers, and culturally specific programs;
``(B) establish a mechanism by which the victim
notification system can receive reports, consistent
with State law, from--
``(i) the National Instant Criminal
Background Check System or, in the case of a
point of contact State or partial point of
contact State, the appropriate State agency
that--
``(I) an offender or respondent
attempted to acquire a firearm if a
background check conducted pursuant to
the request of a licensed importer,
licensed manufacturer, or licensed
dealer of firearms determines that the
receipt of a firearm by the offender or
respondent would violate Federal,
State, local, or Tribal law due to a
prohibiting domestic violence offense
or a prohibiting domestic violence
court order; or
``(II) a firearm has been
transferred to the offender or
respondent if the determination
described in subclause (I) is made
after--
``(aa) 3 business days;
``(bb) more than 3 business
days if the number of days
under State law within which
the determination must be made
is greater, after which time a
firearm can be transferred have
elapsed since the licensee
contacted the system or State
agency; or
``(cc) in the case the
offender or respondent is less
than 21 years of age, the
number of days under section
103(l) of the Brady Handgun
Violence Prevention Act (34
U.S.C. 40901(l)) within which
the determination must be made;
``(ii) the Bureau of Alcohol, Tobacco,
Firearms and Explosives or appropriate State
agency that a firearm transferred as described
in clause (i)(II) is retrieved;
``(iii) an applicable law enforcement
agency if an attempted firearm acquisition
results in the arrest of the offender by such
agency;
``(iv) the National Instant Criminal
Background Check System or appropriate State or
Tribal agency that--
``(I) a determination that receipt
of the firearm by a person would
violate Federal, State, local, or
Tribal law due to a prohibiting
domestic violence offense or a
prohibiting domestic violence court
order is reversed upon appeal; and
``(II) the reason for a reversal
described in subclause (I) if the
reversal is due to a finding that the
individual who attempted to purchase
the firearm was not the offender or the
respondent;
``(v) appropriate Federal, State, or Tribal
agencies that--
``(I) the conviction for the
prohibiting domestic violence offense
is expunged or set aside;
``(II) the person has been pardoned
for the offense or has had civil rights
restored unless the pardon,
expungement, or restoration of civil
rights expressly provides that the
person may not ship, transport,
possess, or receive firearms; or
``(III) the person has been granted
relief from Federal, State, or Tribal
firearms disabilities but that such
person may still be prohibited from
possessing firearms due to other
offenses or disqualifying court orders;
``(vi) appropriate Federal, State, 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 Federal, State, or Tribal firearm
restriction; or
``(vii) as relevant, information provided
by licensed dealers;
``(C) improve the ability of the relevant Federal,
State, or Tribal agencies to notify a victim pursuant
to a report received under subparagraph (B);
``(D) notify victims of reports received pursuant
to subparagraph (B), including providing--
``(i) the contact information for the
hotline described in section 313 of the Family
Violence Prevention and Services Act (42 U.S.C.
10413); and
``(ii) information about relevant State-
based or Tribal-based resources;
``(E) provide training for judges, judicial
personnel, domestic violence advocates, prosecutors,
law enforcement, attorneys, and others on notifying
victims of their ability to register with the victim
notification system and of registration procedures;
``(F) periodically review and update as necessary
the list of qualifying prohibiting domestic violence
offenses submitted pursuant to subsection (d)(3); and
``(G) develop best practices for carrying out the
requirements in this subsection.
``(2) 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 firearm.
``(3) Timeline.--An eligible entity that receives a grant
under this section shall--
``(A) implement the mandatory activities under
paragraph (1) not later than 3 years after receiving
the grant; and
``(B) continue the victim notification system for
not fewer than 3 years.
``(d) Application.--An eligible entity shall submit an application
to the Attorney General that includes--
``(1) a description of the existing victim notification
system, including--
``(A) in what agency the victim notification system
resides;
``(B) a description of the circumstances in which
victims are currently added to the victim notification
system; and
``(C) the manner in which victims are notified
through the victim notification system;
``(2) 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 system;
``(3) an initial list of qualifying prohibiting domestic
violence offenses within the jurisdiction of the entity; and
``(4) any other information required by the Attorney
General.
``(e) Report to Attorney General.--
``(1) Initial report.--Not later than 2 years after
receiving a grant under this section, 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 (c).
``(2) Subsequent reports.--
``(A) In general.--Not later than 1 year after
implementing the victim notification system under
subsection (c), and not later than 2 years thereafter,
an eligible entity shall submit to the Attorney General
reports that describe the victim notification system
implemented under subsection (c), including with
respect to--
``(i) viability;
``(ii) cost;
``(iii) use;
``(iv) challenges; and
``(v) best practices for implementing the
victim notification system.
``(B) Contents of final report.--An eligible entity
shall include in the second report submitted under
subparagraph (A) recommendations for future nationwide
implementation of the program implemented by the
eligible entity.
``(3) Report to congress.--Not later than 1 year after the
Attorney General receives all reports under paragraphs (1) and
(2), the Attorney General shall submit to Congress a report
analyzing the information received in such reports that
includes--
``(A) a description of challenges encountered;
``(B) recommendations for Congress to improve or
expand the grant program under this section; and
``(C) an analysis of the feasibility of using a
single, Federally operated notification system.
``(f) Authorization of Appropriations.--In addition to any amounts
otherwise appropriated to the Crime Victims Fund, there is authorized
to be appropriated to carry out this section $10,000,000 for each of
fiscal years 2027 through 2031.
``(g) Reports.--As relevant, the Federal Bureau of Investigation,
through the National Instant Criminal Background Check System, and the
Bureau of Alcohol, Tobacco, Firearms and Explosives shall provide the
reports described in subsection (c)(1)(B) to recipients of a grant
under this section not later than 24 hours after an event requiring the
provision of such report.
``(h) Rule of Construction.--Nothing in this section may be
construed to create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party, against the United
States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.''.
(b) Clerical Amendment.--The table of sections for chapter 44 of
title 18, United States Code, as amended by section 2 of this Act, is
amended by inserting after the item relating to section 925E the
following:
``925F. Pilot program for reporting of background check denials and
status changes to State victim notification
systems.''.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to affect an individual's right to possess, receive, ship, or
transport a firearm that is otherwise permitted by law.
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