[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3895 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3895

 To provide grants to improve firearms safety, and to provide for the 
  study of the effects of developing firearms technology on firearms 
                                safety.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 1998

 Mrs. Kennelly of Connecticut introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide grants to improve firearms safety, and to provide for the 
  study of the effects of developing firearms technology on firearms 
                                safety.

    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 ``21st Century Firearm Technology and 
Safety Act of 1998''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the National Institute of Justice Science and 
        Technology program has played a critical role in improving law 
        enforcement technology;
            (2) the National Institute of Justice Science and 
        Technology program has successfully developed standards for 
        soft body armor which have been critical to saving the lives of 
        law enforcement personnel;
            (3) the National Institute of Justice Science and 
        Technology program is assisting in the successful development 
        of personalized firearms to improve firearms safety; and
            (4) the National Institute of Justice should continue to 
        focus its resources on improving technology to assist law 
        enforcement in reducing crime, and on making technological 
        improvements in the safety of firearms.

SEC. 3. GRANTS TO IMPROVE GUN SAFETY.

    (a) In General.--The Director of the National Institute of Justice, 
in consultation with appropriate personnel of the National Institute of 
Justice who are involved in firearms technology and weapons technology 
matters, shall make grants to reduce firearms violence through 
improvements in firearms safety technology, weapons detection 
technology, and other technology.
    (b) 3-Year Grants.--A grant awarded under this section shall be 
paid over a period not exceeding 3 years.
    (c) Limitations on Authorization of Appropriations.--For grants 
under this section, there are authorized to be appropriated not more 
than $20,000,000 for each of fiscal years 1998 through 2002.

SEC. 4. INDEPENDENT PANEL ON FIREARMS SAFETY.

    (a) Establishment.--There is established in the Department of 
Justice the Independent Panel on Firearms Safety (in this section 
referred to as the ``Panel'').
    (b) Duties.--
            (1) In general.--The Panel shall--
                    (A) research how technology can be used in the area 
                of weapons safety improvements to reduce violence; and
                    (B) direct, oversee, and review the work of the 
                Technical Study Group on Firearms Safety.
            (2) Reports.--
                    (A) Report to congress on the findings of the 
                technical study group on firearms safety.--Within 90 
                days after receipt of the report submitted pursuant to 
                section 5(b)(2), the Panel shall submit to the Congress 
                a report on the findings of the Technical Study Group 
                on Firearms Safety. If the report submitted pursuant to 
                such section contains a recommendation for standards 
                governing the design of firearm safety locks, the Panel 
                shall forward the recommendation to the National 
                Institute of Justice.
                    (B) Annual reports.--Within 1 year after the Panel 
                is duly organized and annually thereafter, the Panel 
                shall submit to the Congress a written report detailing 
                the findings of the Panel and making recommendations on 
                such firearms safety improvements as the Panel 
                considers appropriate.
    (c) Membership.--The Director of the National Institute of Justice, 
in consultation with the Attorney General, shall appoint to the Panel 
at least 1 individual from each of the following categories:
            (1) Representatives from the National Institute of Justice.
            (2) Law enforcement experts.
            (3) Representatives from consumer product safety 
        organizations.
            (4) Representatives of firearms manufacturers.
            (5) Injury prevention specialists.
            (6) Firearms technology experts.
            (7) Experts in other relevant areas.
    (d) Terms.--
            (1) In general.--Each Panel member shall be appointed for 
        the life of the Panel.
            (2) Vacancies.--A vacancy in the Panel shall be filled in 
        the manner in which the original appointment was made.
    (e) Compensation.--
            (1) Rates of basic pay.--Panel members shall serve without 
        pay.
            (2) Prohibition of compensation of federal employees.--
        Members of the Panel who are full-time officers or employees of 
        the United States may not receive additional pay, allowances, 
        or benefits by reason of their service on the Panel.
            (3) Travel expenses.--Notwithstanding paragraphs (1) and 
        (2), each Panel member shall receive travel expenses, including 
        per diem in lieu of subsistence, in accordance with sections 
        5702 and 5703 of title 5, United States Code.
    (f) Procedure.--
            (1) Chairperson.--The Director of the National Institute of 
        Justice shall designate a Panel member who is a representative 
        of the National Institute of Justice to be the Chairperson of 
        the Panel (in this Act referred to as the ``Chairperson'').
            (2) Acting chairperson.--The Panel members, by majority 
        vote, shall select a Panel member to serve as the acting 
        Chairperson when the Chairperson is unable to so serve.
            (3) Meetings.--The Panel shall meet at the call of the 
        Chairperson.
            (4) Quorum.--A majority of Panel members of the Panel shall 
        constitute a quorum but a lesser number may hold hearings.
    (g) Professional, Administrative, and Technical Support.--The 
Attorney General shall provide the Panel with the administrative, 
professional, and technical support required by the Panel to carry out 
the duties of the Panel under this Act.
    (h) Powers.--
            (1) Hearings and sessions.--For the purpose of carrying out 
        this section, the Panel may, with the advice and consent of the 
        Attorney General and the Director of the National Institute of 
        Justice, hold such hearings, sit and act at such times and 
        places, take such testimony, and receive such evidence as the 
        Panel considers appropriate.
            (2) Obtaining official data.--Subject to other law, the 
        Panel may secure directly from any department or agency of the 
        United States information necessary to enable it to carry out 
        this Act. On request of the Chairperson, the head of that 
        department or agency shall furnish that information to the 
        Panel.
            (3) Mails.--The Panel may use the United States mails in 
        the same manner and under the same conditions as other 
        departments and agencies of the United States.
    (i) Preservation of Confidentiality.--Section 6 of the Cigarette 
Safety Act of 1984 shall apply to information provided to the Panel in 
the same manner in which such section applies to information provided 
to the Interagency Committee on Cigarette and Little Cigar Fire Safety.
    (j) Termination.--
            (1) In general.--The Panel shall terminate 5 years after 
        the date the Panel is duly organized.
            (2) Inapplicability of termination rule in the federal 
        advisory committee act.--Section 14(a)(2)(B) of the Federal 
        Advisory Committee Act (5 U.S.C. App.; relating to the 
        termination of advisory committees) shall not apply to the 
        Panel.

SEC. 5. TECHNICAL STUDY GROUP ON FIREARMS SAFETY.

    (a) Establishment.--There is established in the Department of 
Justice the Technical Study Group on Firearms Safety (in this section 
referred to as the ``Technical Study Group'').
    (b) Duties.--
            (1) In general.--Subject to the oversight and review of the 
        Independent Panel on Firearms Safety, the Technical Study Group 
        shall undertake such studies and activities as the Technical 
        Study Group considers necessary to determine the technical and 
        commercial feasibility, economic impact, and other consequences 
        of developing improvements in firearms safety technology. A 
        main focus of the Technical Study Group shall be to reduce 
        deaths and injuries resulting from the unintended or 
        inappropriate discharge of firearms. The initial research 
        conducted by the Technical Study Group should be a study of the 
        reliability of firearm safety locks and a determination as to 
        whether the locks prevent the unintended discharge of firearms.
            (2) Report.--Within 9 months after the date the Technical 
        Study Group is duly organized, the Technical Study Group shall 
        submit to the Independent Panel on Firearms Safety a report on 
        the findings of the Technical Study Group. If the Technical 
        Study Group determines that firearm safety locks can prevent 
        the unintended discharge of firearms, the report shall include 
        a recommendation for standards governing the design of firearm 
        safety locks.
    (c) Membership.--
            (1) Appointment.--
                    (A) NIJ experts.--The Director of the National 
                Institute of Justice shall appoint to the Technical 
                Study Group personnel and agents of the National 
                Institute of Justice with technical or scientific 
                expertise.
                    (B) NIST experts.--The Director of the National 
                Institute of Standards and Technology shall appoint to 
                the Technical Study Group personnel of the National 
                Institute of Standards and Technology with technical or 
                scientific expertise.
                    (C) BATF experts.--The Director of the Bureau of 
                Alcohol, Tobacco and Firearms shall appoint to the 
                Technical Study Group personnel of the Bureau with 
                technical or scientific expertise.
                    (D) CPSC experts.--The Director of the Consumer 
                Product Safety Commission shall appoint to the 
                Technical Study Group personnel of the Commission with 
                technical or scientific expertise.
                    (E) HHS experts.--The Secretary of Health and Human 
                Services shall appoint to the Technical Study Group 
                personnel of the Department of Health and Human 
                Services with technical or scientific expertise.
                    (F) DOJ experts.--The Attorney General, shall 
                appoint to the Technical Study Group personnel of the 
                Department of Justice with technical or scientific 
                expertise.
                    (G) Independent experts.--The Chairperson of the 
                Independent Panel on Firearms Safety shall appoint to 
                the Technical Study Group 4 individuals who are not 
                officers or employees of any government, each of whom 
                have scientific or technical expertise in law 
                enforcement, firearms manufacturing, weapons detection 
                technology, injury prevention, and consumer safety, 
                respectively.
    (d) Procedure.--With the advice and consent of the Independent 
Panel on Firearms Safety, the Technical Study Group may designate, from 
among the Technical Study Group members, such persons to serve as team 
leaders, coordinators, or chairpersons, as the Technical Study Group 
deems necessary or appropriate to carry out the functions of the 
Technical Study Group.
    (e) Preservation of Confidentiality.--Section 6 of the Cigarette 
Safety Act of 1984 shall apply to information provided to the Technical 
Study Group in the same manner in which such section applies to 
information provided to the Technical Study Group on Cigarette and 
Little Cigar Fire Safety.
    (f) Applicability of Certain Rules Governing the Independent Panel 
on Firearms Safety.--Subsections (d), (e), (g), (h), and (j) of section 
4 shall apply to the Technical Study Group in the same manner in which 
such subsections apply to the Independent Panel on Firearms Safety.
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