[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2324 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2324

    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 SENATE OF THE UNITED STATES

                             March 29, 2000

  Mr. Kohl (for himself and Mrs. Feinstein) introduced the following 
    bill; which was read twice and 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 ``Ballistics, Law Assistance, and 
Safety Technology Act'' (``BLAST'').

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to increase public safety by assisting law enforcement 
        in solving more gun-related crimes and offering prosecutors 
        evidence to link felons to gun crimes through ballistics 
        technology;
            (2) to provide for ballistics testing of all new firearms 
        for sale to assist in the identification of firearms used in 
        crimes;
            (3) to require ballistics testing of all firearms in 
        custody of Federal agencies to assist in the identification of 
        firearms used in crimes;
            (4) to add ballistics testing to existing firearms 
        enforcement programs; and
            (5) to provide for targeted enforcement of Federal firearms 
        laws.

                             TITLE I--BLAST

SEC. 101. 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. 102. TEST FIRING AND AUTOMATED STORAGE OF BALLISTICS RECORDS.

    (a) Amendment.--Section 923 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(m)(1) In addition to the other licensing requirements under this 
section, a licensed manufacturer or licensed importer shall--
            ``(A) test fire firearms manufactured or imported by such 
        licensees as specified by the Secretary by regulation;
            ``(B) prepare ballistics images of the fired bullet and 
        cartridge casings from the test fire;
            ``(C) make the records available to the Secretary for entry 
        in a computerized database; and
            ``(D) store the fired bullet and cartridge casings in such 
        a manner and for such a period as specified by the Secretary by 
        regulation.
    ``(2) Nothing in this subsection 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 this section.
    ``(3)(A) The Attorney General and the Secretary shall assist 
firearm manufacturers and importers in complying with paragraph (1) 
through--
            ``(i) the acquisition, disposition, and upgrades of 
        ballistics equipment and bullet recovery equipment to be placed 
        at or near the sites of licensed manufacturers and importers;
            ``(ii) the hiring or designation of personnel necessary to 
        develop and maintain a database of ballistics images of fired 
        bullets and cartridge casings, research and evaluation;
            ``(iii) providing education about the role of ballistics as 
        part of a comprehensive firearm crime reduction strategy;
            ``(iv) providing 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; and
            ``(v) any other steps necessary to make ballistics testing 
        effective.
    ``(B) The Attorney General and the Secretary shall--
            ``(i) establish a computer system through which State and 
        local law enforcement agencies can promptly access ballistics 
        records stored under this subsection, as soon as such a 
        capability is available; and
            ``(ii) encourage training for all ballistics examiners.
    ``(4) Not later than 1 year after the date of enactment of this 
subsection and annually thereafter, the Attorney General and the 
Secretary shall submit to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of Representatives a 
report regarding the impact of this section, including--
            ``(A) 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;
            ``(B) the extent to which ballistics records are accessible 
        across jurisdictions; and
            ``(C) a statistical evaluation of the test programs 
        conducted pursuant to section 6 of the Ballistics, Law 
        Assistance, and State Technology Act.
    ``(5) There is authorized to be appropriated to the Department of 
Justice and the Department of the Treasury for each of fiscal years 
2001 through 2004, $20,000,000 to carry out this subsection, 
including--
            ``(A) installation of ballistics equipment and bullet 
        recovery equipment;
            ``(B) establishment of sites for ballistics testing;
            ``(C) salaries and expenses of necessary personnel; and
            ``(D) research and evaluation.
    ``(6) The Secretary and the Attorney General shall conduct 
mandatory ballistics testing of all firearms obtained or in the 
possession of their respective agencies.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendment made by subsection (a) take effect on the date on 
        which the Attorney General and the Secretary of the Treasury, 
        in consultation with the Board of the National Integrated 
        Ballistics Information Network, certify that the ballistics 
        systems used by the Department of Justice and the Department of 
        the Treasury are sufficiently interoperable to make mandatory 
        ballistics testing of new firearms possible.
            (2) Effective on date of enactment.--Section 923(m)(6) of 
        title 18, United States Code, as added by subsection (a), shall 
        take effect on the date of enactment of this Act.

SEC. 103. PRIVACY RIGHTS OF LAW ABIDING CITIZENS.

    Ballistics information of individual guns in any form or database 
established by this Act may not be used for prosecutorial purposes 
unless law enforcement officials have a reasonable belief that a crime 
has been committed and that ballistics information would assist in the 
investigation of that crime.

SEC. 104. DEMONSTRATION 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.--Each program established under subsection 
(a) shall, for the jurisdiction concerned--
            (1) 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--
                    (A) identify the types and origins of the firearms;
                    (B) identify suspects; and
                    (C) link multiple crimes involving the same 
                firearm;
            (2) 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;
            (3) 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
            (4) 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 shall give priority to jurisdictions that--
                    (A) 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;
                    (B) draft a plan to share ballistics records with 
                nearby jurisdictions that require ballistics testing of 
                firearms recovered during criminal investigations; and
                    (C) pledge to match Federal funds for the expansion 
                of ballistics testing on a one-on-one basis.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated for each of fiscal years 2001 through 2004, $20,000,000 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).

                            TITLE II--EXILE

SEC. 201. TARGETED ENFORCEMENT OF FEDERAL FIREARMS LAWS.

    (a) Designation.--The Attorney General and the Secretary of the 
Treasury, after consultation with appropriate State and local 
officials, shall designate not less than 50 local jurisdictions in 
which to enforce aggressively Federal laws designed to prevent the 
possession by criminals of firearms (as defined in section 921(a) of 
title 18, United States Code).
    (b) Assistance.--In order to provide assistance for the enforcement 
of Federal laws designed to prevent the possession by criminals of 
firearms, the Attorney General and the Secretary of the Treasury may--
            (1) direct the detailing of Federal personnel, including 
        Assistant United States Attorneys and agents and investigators 
        of the Bureau of Alcohol, Tobacco, and Firearms, to designated 
        jurisdictions, subject to the approval of the head of that 
        department or agency that employs such personnel;
            (2) coordinate activities with State and local officials, 
        including facilitation of training of State and local law 
        enforcement officers and prosecutors in designated 
        jurisdictions to work with Federal prosecutors, agents, and 
        investigators to identify appropriate cases for enforcement of 
        Federal laws designed to prevent the possession by criminals of 
        firearms;
            (3) help coordinate, in conjunction with local officials, 
        local businesses, and community leaders, public outreach in 
        designated jurisdictions regarding penalties associated with 
        violation of Federal laws designed to prevent the possession by 
criminals of firearms.
    (c) Criteria for Designation.--In designating local jurisdictions 
under this section, the Attorney General and Secretary of the Treasury 
shall consider--
            (1) the extent to which there is a high rate of recidivism 
        among armed felons in the jurisdiction;
            (2) the extent to which there is a high rate of violent 
        crime in the jurisdiction;
            (3) the extent to which State and local law enforcement 
        agencies have committed resources to respond to the illegal 
        possession of firearms in the jurisdiction, as an indication of 
        their determination to respond aggressively to the problem;
            (4) the extent to which a significant increase in the 
        allocation of Federal resources is necessary to respond 
        adequately to the illegal possession of firearms in the 
        jurisdiction; and
            (5) any other criteria as the Attorney General and 
        Secretary of the Treasury consider to be appropriate.
    (d) Priority.--In addition to the criteria set forth in subsection 
(c), in considering which local jurisdictions to designate under this 
section, the Attorney General and the Secretary of the Treasury shall 
give priority to jurisdictions that have--
            (1) demonstrated a commitment to enforcement of Federal 
        firearms laws through participation in initiatives like the 
        Youth Crime Gun Interdiction Initiative, Project Disarm, and 
        Operation Ceasefire;
            (2) identified a large number of convicted felons involved 
        in firearms trafficking to individuals under age 25; and
            (3) agreed to require that all identifying information 
        relating to firearms recovered during criminal investigations 
        be promptly submitted to the Secretary of the Treasury to 
        identify the types and origins of such firearms and to identify 
        illegal firearms traffickers.
    (e) Reports and Evaluation.--
            (1) Annual report.--The Attorney General and the Secretary 
        of the Treasury shall annually submit to the Chairmen and 
        Ranking Members of the Committees on the Judiciary of the House 
        of Representatives and the Senate a report, which shall include 
        information relating to--
                    (A) the number of arrests by Federal, State, and 
                local law enforcement officials involving illegal 
                possession of firearms by criminals in each designated 
                city;
                    (B) the number of individuals prosecuted for 
                illegal firearms possession by criminals in Federal, 
                State, and local court in each designated city, the 
                number of convictions, and a breakdown of sentences 
                imposed; and
                    (C) a description of the public outreach 
                initiatives being implemented in designated 
                jurisdictions.
            (2) Evaluation.--Not later than 3 years after the date of 
        enactment of this Act, the Attorney General and the Secretary 
        of the Treasury shall submit to the Chairmen and Ranking 
        Members of the Committees on the Judiciary of the House of 
        Representatives and the Senate a report concerning the 
        effectiveness of the designation of jurisdictions under this 
        section, including an analysis of whether crime within the 
        jurisdiction has been reduced or displaced to nearby 
        jurisdictions, along with any recommendations for related 
        legislation.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2001 through 2004.
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