[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 32 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 32

 A bill to provide for the collection and dissemination of information 
   on injuries, death, and family dissolution due to bullet-related 
      violence, to require the keeping of records with respect to 
  dispositions of ammunition, and to require that persons comply with 
  State and local firearms licensing laws before receiving a Federal 
                      license to deal in firearms.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

  Mr. Moynihan (for himself and Mr. Chafee) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 A bill to provide for the collection and dissemination of information 
   on injuries, death, and family dissolution due to bullet-related 
      violence, to require the keeping of records with respect to 
  dispositions of ammunition, and to require that persons comply with 
  State and local firearms licensing laws before receiving a Federal 
                      license to deal in firearms.

    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 ``Violent Crime Control Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) there is no reliable information on the amount of 
        ammunition available;
            (2) importers and manufacturers of ammunition are not 
        required to keep records to report to the Federal Government on 
        ammunition imported, produced, or shipped;
            (3) a loophole in current law permits a Federal licensee to 
        order unlimited amounts of guns from a manufacturer, whether or 
        not the licensee is legally permitted to sell them under State 
        or local law;
            (4) the rate of bullet-related deaths in the United States 
        is unacceptably high and growing;
            (5) three calibers of bullets are used disproportionately 
        in crime: 9 millimeter, .25 caliber, and .32 caliber bullets;
            (6) injury and death are greatest in young males, and 
        particularly young black males;
            (7) epidemiology can be used to study bullet-related death 
        and injury to evaluate control options;
            (8) bullet-related death and injury has placed increased 
        stress on the American family resulting in increased welfare 
        expenditures under title IV of the Social Security Act;
            (9) bullet-related death and injury have contributed to the 
        increase in Medicaid expenditures under title XIX of the Social 
        Security Act;
            (10) bullet-related death and injury have contributed to 
        increased supplemental security income benefits under title XVI 
        of the Social Security Act;
            (11) a tax on the sale of bullets will help control bullet-
        related death and injury;
            (12) there is no central responsible agency for trauma, 
        there is relatively little funding available for the study of 
        bullet-related death and injury, and there are large gaps in 
        research programs to reduce injury;
            (13) current laws and programs relevant to the loss of life 
        and productivity from bullet-related trauma are inadequate to 
        protect the citizens of the United States; and
            (14) increased research in bullet-related violence is 
        needed to better understand the causes of such violence, to 
        develop options for controlling such violence, and to identify 
        and overcome barriers to implementing effective controls.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to increase the tax on the sale of 9 millimeter, .25 
        caliber, and .32 caliber bullets (except with respect to any 
        sale to law enforcement agencies) as a means of reducing the 
        epidemic of bullet-related death and injury;
            (2) to undertake a nationally coordinated effort to survey, 
        collect, inventory, synthesize, and disseminate adequate data 
        and information for--
                    (A) understanding the full range of bullet-related 
                death and injury, including impacts on the family 
                structure and increased demands for benefit payments 
                under provisions of the Social Security Act;
                    (B) assessing the rate and magnitude of change in 
                bullet-related death and injury over time;
                    (C) educating the public about the extent of 
                bullet-related death and injury; and
                    (D) expanding the epidemiologic approach to 
                evaluate efforts to control bullet-related death and 
                injury and other forms of violence;
            (3) to develop options for controlling bullet-related death 
        and injury;
            (4) to build the capacity and encourage responsibility at 
        the individual, group, community, State and Federal levels for 
        control and elimination of bullet-related death and injury;
            (5) to promote a better understanding of the utility of the 
        epidemiologic approach for evaluating options to control or 
        reduce death and injury from nonbullet-related violence; and
            (6) to control the proliferation of illegal firearms 
        currently causing an alarming rate of death.

            TITLE I--BULLET DEATH AND INJURY CONTROL PROGRAM

SEC. 101. BULLET DEATH AND INJURY CONTROL PROGRAM.

    (a) Establishment.--There is established within the Centers for 
Disease Control's National Center for Injury Prevention and Control 
(referred to as the ``Center'') a Bullet Death and Injury Control 
Program (referred to as the ``Program'').
    (b) Purpose.--The Center shall conduct research into and provide 
leadership and coordination for--
            (1) the understanding and promotion of knowledge about the 
        epidemiologic basis for bullet-related death and injury within 
        the United States;
            (2) developing technically sound approaches for 
        controlling, and eliminating, bullet-related deaths and 
        injuries;
            (3) building the capacity for implementing the options, and 
        expanding the approaches to controlling death and disease from 
        bullet-related trauma; and
            (4) educating the public about the nature and extent of 
        bullet-related violence.
    (c) Functions.--The functions of the Program shall be--
            (1) to summarize and to enhance the knowledge of the 
        distribution, status, and characteristics of bullet-related 
        death and injury;
            (2) to conduct research and to prepare, with the assistance 
        of State public health departments--
                    (A) statistics on bullet-related death and injury;
                    (B) studies of the epidemic nature of bullet-
                related death and injury; and
                    (C) status of the factors, including legal, 
                socioeconomic, and other factors, that bear on the 
                control of bullets and the eradication of the bullet-
                related epidemic;
            (3) to publish information about bullet-related death and 
        injury and guides for the practical use of epidemiological 
        information, including publications that synthesize information 
        relevant to national goals of understanding the bullet-related 
        epidemic and methods for its control;
            (4) to identify socioeconomic groups, communities, and 
        geographic areas in need of study, develop a strategic plan for 
        research necessary to comprehend the extent and nature of 
        bullet-related death and injury, and determine what options 
        exist to reduce or eradicate such death and injury;
            (5) to provide for the conduct of epidemiologic research on 
        bullet-related death and injury through grants, contracts, 
        cooperative agreements, and other means, by Federal, State, and 
        private agencies, institutions, organizations, and individuals;
            (6) to make recommendations to Congress, the Bureau of 
        Alcohol, Tobacco, and Firearms, and other Federal, State, and 
        local agencies on the technical management of data collection, 
        storage, and retrieval necessary to collect, evaluate, analyze, 
        and disseminate information about the extent and nature of the 
        bullet-related epidemic of death and injury as well as options 
        for its control;
            (7) to make recommendations to the Congress, the Bureau of 
        Alcohol, Tobacco, and Firearms, and other Federal, State and 
        local agencies, organizations, and individuals about options 
        for actions to eradicate or reduce the epidemic of bullet-
        related death and injury;
            (8) to provide training and technical assistance to the 
        Bureau of Alcohol, Tobacco, and Firearms and other Federal, 
        State, and local agencies regarding the collection and 
        interpretation of bullet-related data; and
            (9) to research and explore bullet-related death and injury 
        and options for its control.
    (d) Advisory Board.--
            (1) In general.--The Center shall have an independent 
        advisory board to assist in setting the policies for and 
        directing the Program.
            (2) Membership.--The advisory board shall consist of 13 
        members, including--
                    (A) 1 representative from the Centers for Disease 
                Control;
                    (B) 1 representative from the Bureau of Alcohol, 
                Tobacco and Firearms;
                    (C) 1 representative from the Department of 
                Justice;
                    (D) 1 member from the Drug Enforcement Agency;
                    (E) 3 epidemiologists from universities or 
                nonprofit organizations;
                    (F) 1 criminologist from a university or nonprofit 
                organization;
                    (G) 1 behavioral scientist from a university or 
                nonprofit organization;
                    (H) 1 physician from a university or nonprofit 
                organization;
                    (I) 1 statistician from a university or nonprofit 
                organization;
                    (J) 1 engineer from a university or nonprofit 
                organization; and
                    (K) 1 public communications expert from a 
                university or nonprofit organization.
            (3) Terms.--Members of the advisory board shall serve for 
        terms of 5 years, and may serve more than 1 term.
            (4) Compensation of members.--Each member of the Commission 
        who is not an officer or employee of the Federal Government 
        shall be compensated at a rate equal to the daily equivalent of 
        the annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which such 
        member is engaged in the performance of the duties of the 
        Commission. All members of the Commission who are officers or 
        employees of the United States shall serve without compensation 
        in addition to that received for their services as officers or 
        employees of the United States.
            (5) Travel expenses.--A member of the advisory board that 
        is not otherwise in the Federal Government service shall, to 
        the extent provided for in advance in appropriations Acts, be 
        paid actual travel expenses and per diem in lieu of subsistence 
        expenses in accordance with section 5703 of title 5, United 
        States Code, when the member is away from the member's usual 
        place of residence.
            (6) Chair.--The members of the advisory board shall select 
        1 member to serve as chair.
    (e) Consultation.--The Center shall conduct the Program required 
under this section in consultation with the Bureau of Alcohol, Tobacco, 
and Firearms and the Department of Justice.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated $1,000,000 for fiscal year 1993, $2,500,000 for fiscal 
year 1994, and $5,000,000 for each of fiscal years 1995, 1996, and 1997 
for the purpose of carrying out this section.
    (g) Report.--The Center shall prepare an annual report to Congress 
on the Program's findings, the status of coordination with other 
agencies, its progress, and problems encountered with options and 
recommendations for their solution. The report for December 31, 1995, 
shall contain options and recommendations for the Program's mission and 
funding levels for the years 1996-2000, and beyond.

          TITLE II--INCREASE IN EXCISE TAX ON CERTAIN BULLETS

SEC. 201. INCREASE IN TAX ON CERTAIN BULLETS.

    (a) In General.--Section 4181 of the Internal Revenue Code of 1986 
(relating to the imposition of tax on firearms, etc.) is amended by 
adding at the end the following new flush sentence:
``In the case of 9 millimeter, .25 caliber, or .32 caliber ammunition, 
the rate of tax under this section shall be 1,000 percent.''.
    (b) Exemption for Law Enforcement Purposes.--Section 4182 of the 
Internal Revenue Code of 1986 (relating to exemptions) is amended by 
adding at the end the following new subsection:
    ``(d) Law Enforcement.--The last sentence of section 4181 shall not 
apply to any sale (not otherwise exempted) to, or for the use of, the 
United States (or any department, agency, or instrumentality thereof) 
or a State or political subdivision thereof (or any department, agency, 
or instrumentality thereof).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to sales after December 31, 1995.

                      TITLE III--USE OF AMMUNITION

SEC. 301. RECORDS OF DISPOSITION OF AMMUNITION.

    (a) Amendment of Title 18, United States Code.--Section 923(g) of 
title 18, United States Code, is amended--
            (1) in paragraph (1)(A) by inserting after the second 
        sentence ``Each licensed importer and manufacturer of 
        ammunition shall maintain such records of importation, 
        production, shipment, sale, or other disposition of ammunition 
        at the licensee's place of business for such period and in such 
        form as the Secretary, in consultation with the Director of the 
        National Center for Injury Prevention and Control of the 
        Centers for Disease Control (for the purpose of ensuring that 
        the information that is collected is useful for the Bullet 
        Death and Injury Control Program), may by regulation prescribe. 
        Such records shall include the amount, caliber, and type of 
        ammunition.''; and
            (2) by adding at the end thereof the following new 
        paragraph:
    ``(6) Each licensed importer or manufacturer of ammunition shall 
annually prepare a summary report of imports, production, shipments, 
sales, and other dispositions during the preceding year. The report 
shall be prepared on a form specified by the Secretary, in consultation 
with the Director of the National Center for Injury Prevention and 
Control of the Centers for Disease Control (for the purpose of ensuring 
that the information that is collected is useful for the Bullet Death 
and Injury Control Program), shall include the amounts, calibers, and 
types of ammunition that were disposed of, and shall be forwarded to 
the office specified thereon not later than the close of business on 
the date specified by the Secretary.''.
    (b) Study of Criminal Use and Regulation of Ammunition.--The 
Secretary of the Treasury shall request the Centers for Disease Control 
to--
            (1) prepare, in consultation with the Secretary, a study of 
        the criminal use and regulation of ammunition; and
            (2) submit to Congress, not later than July 31, 1996, a 
        report with recommendations on the potential for preventing 
        crime by regulating or restricting the availability of 
        ammunition.

        TITLE IV--COMPLIANCE WITH STATE AND LOCAL FIREARMS LAWS

SEC. 401. COMPLIANCE WITH STATE AND LOCAL FIREARMS LICENSING LAWS 
              REQUIRED BEFORE ISSUANCE OF FEDERAL LICENSE TO DEAL IN 
              FIREARMS.

    (a) In General.--Section 923(d)(1) of title 18, United States Code, 
is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(F) in the case of an application for a license to engage 
        in the business of dealing in firearms--
                    ``(i) the applicant has complied with all 
                requirements imposed on persons desiring to engage in 
                such a business by the State and political subdivision 
                thereof in which the applicant conducts or intends to 
                conduct such business; and
                    ``(ii) the application includes a written statement 
                which--
                            ``(I) is signed by the chief of police of 
                        the locality, or the sheriff of the county, in 
                        which the applicant conducts or intends to 
                        conduct such business, the head of the State 
                        police of such State, or any official 
                        designated by the Secretary; and
                            ``(II) certifies that the information 
                        available to the signer of the statement does 
                        not indicate that the applicant is ineligible 
                        to obtain such a license under the law of such 
                        State and locality.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to applications for a license that is issued on or after the date 
of the enactment of this Act.

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