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H.R. 1339: MVP Act of 2019

The text of the bill below is as of Feb 25, 2019 (Introduced).


I

116th CONGRESS

1st Session

H. R. 1339

IN THE HOUSE OF REPRESENTATIVES

February 25, 2019

(for himself, Mr. Sensenbrenner, Mr. Steube, Mr. Cline, Mr. Armstrong, Mrs. Lesko, Mr. Reschenthaler, Mr. Woodall, Mr. Barr, Mr. Mitchell, Mr. David P. Roe of Tennessee, Mr. Gibbs, Mr. Collins of New York, Mr. Flores, Mr. Bacon, Mr. Meadows, Mr. Stivers, Mr. Stauber, Mr. Estes, Mr. Hudson, Mr. Smucker, Mr. McKinley, Mr. Steil, Mr. Moolenaar, Mr. Yoho, Mr. Joyce of Ohio, Mr. Rodney Davis of Illinois, Mr. Budd, and Mrs. Wagner) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To enhance penalties for theft of a firearm from a Federal firearms licensee, to establish a Mass Violence Prevention Center, and for other purposes.

1.

Short title

This Act may be cited as the The Mass Violence Prevention Act of 2019 or the MVP Act of 2019.

I

Federal Firearms Licensee Protection

101.

Short title

This title may be cited as the Federal Firearms Licensee Protection Act of 2019.

102.

Amendments to enhance certain penalties

Section 924 of title 18, United States Code, is amended—

(1)

by striking subsection (i) and inserting the following:

(i)
(1)
(A)

A person who knowingly violates section 922(u), or attempts to do so, shall be fined under this title, imprisoned not more than 20 years, or both.

(B)

In the case of a violation described in subparagraph (A) that occurs during the commission of—

(i)

a burglary, the term of imprisonment shall be not less than 3 years; or

(ii)

a robbery, the term of imprisonment shall be not less than 5 years.

(2)

In this subsection—

(A)

the term burglary means the unlawful entry into, or remaining in, the business premises of a licensed importer, licensed manufacturer, or licensed dealer with the intent to commit a crime; and

(B)

the term robbery has the meaning given the term in section 1951(b).

; and

(2)

in subsection (m), by inserting or attempts to do so, after or licensed collector.

103.

Crime of violence

(a)

Amendment to the definition of crime of violence

Section 924(c)(3)(B) of title 18, United States Code, is amended—

(1)

by striking by its nature, involves and inserting , based on the facts underlying the offense, involved; and

(2)

by striking may be used and inserting may have been used.

(b)

Application

(1)

In general

The amendments made by this section shall apply to any offense committed on or after the date of the enactment of this Act.

(2)

Rule of construction

The amendments made by this section shall not be construed to create any right to challenge a sentence imposed before the date of the enactment of this Act under section 924 of title 18, United States Code.

II

Mass Violence Prevention Center

201.

Mass Violence Prevention Center

Part G of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10211 et seq.) is amended by adding at the end the following:

702.

Mass Violence Prevention Center

(a)

Establishment

There is established in the Department of Justice a Mass Violence Prevention Center, which shall be supervised by the Director of Mass Violence Prevention (in this section referred to as the Director), who shall be appointed by the Director of the Federal Bureau of Investigation with the approval of the President.

(b)

Authority of FBI Director

The Director of the Federal Bureau of Investigation shall have authority, direction, and control over the Mass Violence Prevention Center and the Director of Mass Violence Prevention.

(c)

Reporting

Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Director shall submit a report to the Attorney General with respect to the following matters:

(1)

The budget and programs of the Mass Violence Prevention Center.

(2)

The activities of the Director under subsection (f).

(3)

The conduct of intelligence operations implemented by other elements of the intelligence community.

(d)

Purpose

The purpose of the Mass Violence Prevention Center shall be as follows:

(1)

To serve as the primary organization in the United States Government for analyzing and integrating all intelligence possessed or acquired by the United States Government pertaining to threats of mass violence.

(2)

To conduct strategic operational planning for mass violence prevention, integrating all instruments of Federal, State, and local law enforcement.

(3)

To recommend roles and responsibilities to Federal, State, and local law enforcement partners as part of its strategic operational planning duties to lead departments or agencies, as appropriate, for mass violence prevention that are consistent with applicable law and that support strategic operational plans for mass violence prevention.

(4)

To ensure that Federal, State, and local law enforcement agencies, have access to and receive all-source intelligence support needed to execute plans to prevent mass violence or perform independent, alternative analysis on threats of mass violence, or for other purposes, as appropriate.

(5)

To serve as the central and shared knowledge bank on known and suspected perpetrators of mass violence, as well as the perpetrator’s goals, strategies, capabilities, and networks of contacts and support.

(e)

Duties and responsibilities of Director

The Director shall—

(1)

provide strategic operational plans for mass violence prevention efforts of the United States Government and for the effective integration of mass violence intelligence and operations across agency boundaries;

(2)

advise the Attorney General on the extent to which the mass violence prevention program recommendations and budget proposals of the departments, agencies, and elements of the United States Government conform to the priorities established by the President.

(3)

disseminate mass violence threat information, including a current mass violence threat analysis, to the President, the Vice President, the Attorney General, the Secretary of Homeland Security, and other officials of the executive branch as appropriate, and to the appropriate committees of Congress;

(4)

support the Department of Justice, and other appropriate agencies, in fulfillment of their responsibilities to disseminate mass violence threat information, consistent with applicable law, Executive orders, and other Presidential guidance to State and local government officials, and other entities, and coordinate dissemination of mass violence threat information to State and local law enforcement agencies as approved by the Attorney General;

(5)

consistent with priorities approved by the President, establish requirements for the intelligence community for the collection of mass violence threat information; and

(6)

perform such other duties as the Attorney General may prescribe or are prescribed by law.

(f)

Resolution of disputes

The Attorney General shall resolve disagreements between the Mass Violence Prevention Center and the head of a department, agency, or element of the United States Government on designations, assignments, plans, or responsibilities under this section. The head of such a department, agency, or element may appeal the resolution of the disagreement by the Attorney General to the President.

.

III

Additional United States Attorneys for Project Safe Neighborhoods

301.

Additional assistant United States attorneys

There are authorized to be appropriated for each of fiscal years 2020, 2021, 2022, 2023, and 2024, $10,000,000 for the appointment of not fewer than 50 assistant United States attorneys in such districts as the Attorney General determines appropriate, based on the incidence of firearms-related violence. The duties of any assistant United States attorney appointed under this section shall, for fiscal years 2020 through 2024, consist solely of assisting in the implementation of Project Safe Neighborhoods in that district.