[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4000 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4000

    To amend chapter 44 of title 18, United States Code, to require 
  ballistics testing of all firearms manufactured and all firearms in 
custody of Federal agencies, and to add ballistics testing to existing 
                    firearms enforcement strategies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2000

 Mr. Blagojevich introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend chapter 44 of title 18, United States Code, to require 
  ballistics testing of all firearms manufactured and all firearms in 
custody of Federal agencies, and to add ballistics testing to existing 
                    firearms enforcement strategies.

    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 ``Crime Bullet Tracing Initiative''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to provide for ballistics testing of all new firearms 
        for sale to assist in the identification of firearms used in 
        crimes;
            (2) to require ballistics testing of all firearms in 
        custody of Federal agencies to assist in the identification of 
        firearms used in crimes; and
            (3) to add ballistics testing to existing firearms 
        enforcement programs.

SEC. 3. DEFINITION OF BALLISTICS.

    Section 921(a) of title 18, United States Code, is amended by 
adding at the end the following:
            ``(35) Ballistics.--The term `ballistics' means a 
        comparative analysis of fired bullets and cartridge casings to 
        identify the firearm from which bullets were discharged, 
        through identification of the unique characteristics that each 
        firearm imprints on bullets and cartridge casings.''.

 SEC. 4. TEST FIRING AND AUTOMATED STORAGE OF BALLISTICS RECORDS.

    (a) Amendments.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 931. Test firing and automated storage of ballistics records
    ``(a) Prohibition.--It shall be unlawful for any licensed 
manufacturer or licensed importer to sell, deliver, or otherwise 
transfer any firearm to any person, without first--
            ``(1) test-firing the firearm;
            ``(2) preparing ballistics records of the fired bullet and 
        cartridge casings from the test fire; and
            ``(3) making the records available to the Secretary for 
        entry in a computerized database.
    ``(b) Civil Penalties.--
            ``(1) In general.--
                    ``(A) Suspension or revocation of license; civil 
                penalties.--With respect to each violation of 
                subsection (a) by a licensed manufacturer or licensed 
                importer, the Secretary may, after notice and 
                opportunity for hearing--
                            ``(i) suspend the license for up to 1 year 
                        or revoke the license; or
                            ``(ii) assess a civil penalty of not more 
                        than $10,000.
                    ``(B) Review.--An action of the Secretary under 
                this paragraph may be reviewed only as provided in 
                section 923(f).
            ``(2) Administrative remedies.--The suspension or 
        revocation of a license or the imposition of a civil penalty 
        under paragraph (1) does not preclude any administrative remedy 
        that is available to the Secretary under other law.
    ``(c) Liability.--Nothing in this section creates a cause of action 
against any Federal firearms licensee or any other person for any civil 
liability except for imposition of a civil penalty under subsection 
(b).
    ``(d) Federal Assistance to Manufacturers and Local Law 
Enforcement.--
            ``(1) In general.--The Attorney General and the Secretary 
        shall assist firearm manufacturers and importers in complying 
        with subsection (a) through--
                    ``(A) the acquisition, disposition, and upgrades of 
                computerized ballistics equipment and bullet recovery 
                equipment to be placed at the sites of licensed 
                manufacturers and importers or at regional centers 
                established by the Secretary;
                    ``(B) the hiring or designation of personnel 
                necessary to develop and maintain a database of 
                ballistics records, research and evaluation; and
                    ``(C) any other steps necessary to make ballistics 
                testing effective.
            ``(2) Access to ballistics records.--
                    ``(A) In general.--The Attorney General and the 
                Secretary shall establish a system through which State 
                and local law enforcement agencies, through online 
                computer technology, can promptly access ballistics 
                records stored under this section, as soon as such a 
                capability is available.
                    ``(B) Report.--Not later than 1 year after the date 
                of enactment of this section, the Attorney General and 
                the Secretary shall submit to the Committee on 
                Appropriations of the Senate and the Committee on 
                Appropriations of the House of Representatives a report 
                explaining--
                            ``(i) the capacity to provide the online 
                        access required under subparagraph (A) and the 
                        process by which the online access will be 
                        implemented; and
                            ``(ii) any future technical or legal 
                        changes that may be required to make such a 
                        capability available, including estimates of 
                        the costs of making those changes.
    ``(e) Report.--Not later than 1 year after the date of enactment of 
this section and annually thereafter, the Attorney General and the 
Secretary shall submit to the Committee on Appropriations of the Senate 
and the Committee on Appropriations of the House of Representatives a 
report regarding the impact of this subsection, including the number of 
Federal and State criminal investigations, arrests, indictments, and 
prosecutions of all cases in which access to ballistics records 
provided under this section served as a valuable investigative tool.
    ``(f) Industry Outreach and Cooperation.--
            ``(1) In general.--The Attorney General and the Secretary 
        shall work cooperatively with representatives of the firearm 
        industry (including firearm manufacturers and importers) to--
                    ``(A) provide education about the role of 
                ballistics as part of a comprehensive firearm crime 
                reduction strategy; and
                    ``(B) provide for the coordination among Federal, 
                State, and local law enforcement and regulatory 
                agencies and the firearm industry to curb firearm-
                related crime and illegal firearm trafficking.
            ``(2) Concentrated efforts.--In implementing paragraph (1), 
        the Attorney General and the Secretary shall concentrate on 
        outreach with--
                    ``(A) the manufacturers and importers of firearms 
                that have been designated as the top 10 crime guns used 
                in violent crime;
                    ``(B) firearm manufacturers and importers that have 
                voluntarily agreed to participate as a pilot site for 
                the National Integrated Ballistics Information Network;
                    ``(C) firearm manufacturers and importers that 
                manufacture or import more than 1,000 firearms per 
                year, as reported in the Bureau of Alcohol, Tobacco, 
                and Firearms Annual Firearms Manufacturing and Export 
                Report or as determined from informatiion obtained in 
                annual regulatory inspection audits conducted by the 
                Secretary; and
                    ``(D) firearm manufacturers and importers that have 
                a policy that requires the test firing of all firearms 
                prior to transfer.
            ``(3) Annual reports and evaluation.--
                    ``(A) Annual report.--Not later than 1 year after 
                the date of enactment of this section and annually 
                thereafter, the Secretary and the Attorney General 
                shall submit to the Committee on the Judiciary of the 
                Senate and the Committee on the Judiciary of the House 
                of Representatives a report containing--
                            ``(i) a statement of the number of firearm 
                        manufacturers and importers and other 
                        representatives of the firearm industry 
                        participating in the outreach effort;
                            ``(ii) the number and type of personnel of 
                        the Bureau of Alcohol, Tobacco, and Firearms 
                        and the Department of Justice hired and 
                        assigned to carry out this subsection;
                            ``(iii) a summary of the activities 
                        established by firearm manufacturers and 
                        importers as a result of their participation in 
                        the outreach effort;
                            ``(iv) an evaluation of any changes in 
                        firearm-related crime pertaining to particular 
                        types of firearms manufactured by a firearm 
                        manufacturer or importer that is an active 
                        participant in the outreach effort;
                            ``(v) the volume of ballistics records 
                        compiled as a result of the mandatory 
                        ballistics testing by participating firearm 
                        manufacturers and importers;
                            ``(vi) for each firearm manufacturer and 
                        firearm importer, the number of times a tracing 
                        request resulted in the identification of a 
                        firearm manufactured or imported by the firearm 
                        manufacturer and firearm importer; and
                            ``(vii) an evaluation of the manner in 
                        which the implementation of ballistics testing 
                        affected the volume of production or 
                        importation by participating firearm 
                        manufacturers and importers.
                    ``(B) Authorization of appropriations.--There is 
                authorized to be appropriated to the Department of 
                Justice and the Department of the Treasury for each of 
                fiscal years 2000 through 2003, $38,306,000 to carry 
                out this subsection, including--
                            ``(i) installation of ballistics equipment 
                        and bullet recovery equipment;
                            ``(ii) establishment of regional centers 
                        for firearm testing;
                            ``(iii) salaries and expenses of necessary 
                        personnel; and
                            ``(iv) research and evaluation.
    ``(g) Mandatory Ballistics Testing of Firearms in Federal 
Custody.--
            ``(1) In general.--The Secretary and the Attorney General 
        shall conduct mandatory ballistics testing of all firearms 
        taken into the custody of, or procured or utilized by, their 
        respective agencies.
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated for fiscal years 2000, 2001, 
        2002, and 2003 such sums as are necessary to carry out this 
        subsection.''.
            (2) Conforming amendment.--The analysis for chapter 44, 
        United States Code, is amended by adding at the end the 
        following:

``931. Test firing and automated storage of ballistics records.''.
    (b) Effective Date.--The amendments made by subsection (a) take 
effect on the date on which the Attorney General and the Secretary of 
the Treasury, in consultation with the National Integrated Ballistics 
Information Network, certify that the ballistics systems used by the 
Department of Justice and the Department of the Treasury are 
interoperable.

 SEC. 5. COMPREHENSIVE FIREARM CRIME REDUCTION STRATEGY.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of the Treasury and the Attorney General 
shall establish in the jurisdictions selected under subsection (c) a 
comprehensive firearm crime reduction strategy that meets the 
requirements of subsection (b).
    (b) Program Elements.--
            (1) In general.--Each program established under subsection 
        (a) shall, for the jurisdiction concerned--
                    (A) provide for ballistics testing, in accordance 
                with criteria set forth by the National Integrated 
                Ballistics Information Network, of all firearms 
                recovered during criminal investigations, in order to
                            (i) identify the types and origins of the 
                        firearms;
                            (ii) to identify suspects; and
                            (iii) link multiple crimes involving the 
                        same firearm;
                    (B) require that all identifying information 
                relating to firearms recovered during criminal 
                investigations be promptly submitted to the Secretary 
                of the Treasury, in order to identify the types and 
                origins of the firearms and to identify illegal 
                firearms traffickers; and
                    (C) provide for the coordination among Federal, 
                State, and local law enforcement officials in the 
                identification of violations of Federal firearm laws, 
                including the establishment of agreements among 
                Federal, State, and local law enforcement officials for 
                prosecution of persons arrested for violations of 
                Federal firearm laws (including sections 922 and 924 of 
                title 18, United States Code, and subsections (d) and 
                (h) of section 5861 of the Internal Revenue Code of 
                1986).
            (2) Agreements.--An agreement under paragraph (1)(C) 
        shall--
                    (A) take into consideration the comparative 
                available statutory penalties, and comparative 
                forensic, investigative, and prosecutorial resources;
                    (B) provide for coordination among Federal, State, 
                and local law enforcement officials, firearm examiners, 
                technicians, laboratory personnel, investigators, and 
                prosecutors in the tracing and ballistics testing of 
                firearms and the investigation and prosecution of 
                firearms-related crimes including illegal firearms 
                trafficking; and
                    (C) require analysis of firearm tracing and 
                ballistics data in order to establish trends in 
                firearm-related crime and firearm trafficking.
    (c) Participating Jurisdictions.--
            (1) In general.--The Secretary of the Treasury and the 
        Attorney General shall select not fewer than 10 jurisdictions 
        for participation in the program under this section.
            (2) Considerations.--In selecting jurisdictions under this 
        subsection, the Secretary of the Treasury and the Attorney 
        General--
                    (A) shall consider--
                            (i) the extent to which, as reflected in 
                        the 1998 Uniform Crime Report of the Federal 
                        Bureau of Investigation, there is a high rate 
                        of firearm-related crime in the jurisdiction, 
                        measured either in total or per capita;
                            (ii) the extent to which the jurisdiction 
                        has experienced an increase in the total or per 
                        capita rate of firearm-related crime as 
                        reported in the 3 most recent annual Uniform 
                        Crime Reports of the Federal Bureau of 
                        Investigation; and
                            (iii) the extent to which State and local 
                        law enforcement agencies have pledged to 
                        cooperate with Federal officials in responding 
                        to the illegal acquisition, distribution, 
                        possession, and use of firearms within the 
                        jurisdiction; and
                    (B) shall give priority to jurisdictions that--
                            (i) participate in comprehensive firearm 
                        law enforcement strategies, including programs 
                        such as the Youth Crime Gun Interdiction 
                        Initiative (known as ``YCGII''), Project 
                        Achilles, Project Disarm, Project Triggerlock, 
                        Project Exile, and Project Surefire, and 
                        Operation Ceasefire; and
                            (ii) pledge to share ballistics records 
                        with nearby jurisdictions that require 
                        ballistics testing of firearms recovered during 
                        criminal investigations.
    (d) Annual Reports and Evaluation.--
            (1) Annual report.--Not later than 1 year after the date of 
        enactment of this Act and annually thereafter, the Secretary of 
        the Treasury and the Attorney General shall submit to the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives a report 
        containing the following information for each jurisdiction 
        participating in the program:
                    (A) The volume of ballistics records compiled in 
                the jurisdiction's computer system.
                    (B) The number of inquiries or searches based on 
                ballistics records made by the jurisdiction and 
                received from outside jurisdictions.
                    (C) The number of positive firearm identifications 
                through ballistics records that provide investigative 
                leads in criminal investigations, including the 
                percentage of identifications obtained through 
                inquiries with ballistics records from other 
                jurisdictions.
                    (D) A summary of the types and origins of every 
                firearm taken into custody by the jurisdiction.
                    (E) The number and type of personnel from the 
                Department of Justice and the Bureau of Alcohol, 
                Tobacco, and Firearms hired and assigned to carry out 
                the program.
                    (F) The number of Federal and State firearm 
                investigations initiated, including the number of 
                persons arrested on firearm-related charges (including 
                offenses involving the illegal possession of and 
                illegal trafficking in firearms).
                    (G) The numbers of persons referred for Federal 
                prosecution, persons referred for State prosecution, 
                persons indicted under Federal and State law, and 
                persons convicted (including a breakdown of Federal and 
                State offenses committed, Federal and State sentences 
                imposed, and the number of fatalities involved) on 
                firearm-related charges, including a breakdown of 
                referrals, indictments, and convictions resulting in 
                part from ballistics testing.
            (2) Evaluation.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary of the Treasury and the 
        Attorney General shall submit to the Committee on the Judiciary 
of the Senate and the Committee on the Judiciary of the House of 
Representatives a report concerning the effectiveness of the firearm 
crime reduction strategy for each jurisdiction under this section, 
including--
                    (A) an analysis of whether crime within the 
                jurisdictions has been reduced and any effects on the 
                crime rate in nearby jurisdictions;
                    (B) an assessment of the number of firearm 
                identifications made through the matching of ballistics 
                records;
                    (C) the interoperability of the jurisdiction's 
                ballistics records with the records of nearby 
                jurisdictions; and
                    (D) any recommendations for related legislation.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated for each of fiscal years 2000, 2001, 2002, and 2003, 
$35,784,000 to carry out this section, including--
            (1) installation of ballistics equipment; and
            (2) salaries and expenses for personnel (including 
        personnel from the Department of Justice and the Bureau of 
        Alcohol, Tobacco, and Firearms).
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