[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2338 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2338

            To enhance the enforcement of gun violence laws.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2000

Mr. Schumer (for himself, Mr. Kennedy, Mr. Durbin, Mr. Lautenberg, Mr. 
 Reed, Mr. Torricelli, Mr. Levin, Mr. Robb, Mr. Moynihan, Mrs. Boxer, 
  Mr. Dodd, and Mr. Daschle) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
            To enhance the enforcement of gun violence laws.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Effective National 
Firearms Objectives for Responsible, Commonsense Enforcement Act of 
2000'' or the ``ENFORCE Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
             TITLE I--CRIMINAL GUN TRAFFICKER APPREHENSION

Sec. 101. Commonsense definition of licensed dealer.
Sec. 102. Requirement that licensee operate from fixed premises.
Sec. 103. Secure storage of firearms inventories.
Sec. 104. Requiring thefts from common carriers to be reported.
                TITLE II--CRIMINAL GUN DEALER DETECTION

Sec. 201. Recordkeeping inspections.
Sec. 202. Disposal of personal firearms collection by certain licensees 
                            made subject to regulations.
Sec. 203. Suspension or revocation of firearms dealer license and civil 
                            penalties.
              TITLE III--VIOLENT FELON GUN BAN ENFORCEMENT

Sec. 301. Administrative relief from certain firearms and explosives 
                            prohibitions.
Sec. 302. Permanent firearm prohibition for convicted violent felons 
                            and serious drug offenders.
 TITLE IV--INTENSIVE GUN VIOLENCE REDUCTION STRATEGY AND PROJECT EXILE 
                             IMPLEMENTATION

                     Subtitle A--Funding Provisions

Sec. 401. Authorization of funding for Federal domestic violence 
                            offender recordkeeping improvements.
Sec. 402. Authorization of funding for State and local domestic 
                            violence offender recordkeeping 
                            improvements.
Sec. 403. Authorization of funding for additional Bureau of Alcohol, 
                            Tobacco, and Firearms officers.
Sec. 404. Authorization of funding for additional State and local gun 
                            prosecutors.
Sec. 405. Authorization of funding for additional Federal firearms 
                            prosecutors and gun enforcement teams.
Sec. 406. Youth crime gun interdiction initiative.
Sec. 407. Local anti-gun violence media campaigns.
Sec. 408. Smart gun technology.
                     Subtitle B--Ballistics Testing

Sec. 411. Definition of forensic ballistics.
Sec. 412. Test firing and automated storage of forensic ballistics 
                            records.

             TITLE I--CRIMINAL GUN TRAFFICKER APPREHENSION

SEC. 101. COMMONSENSE DEFINITION OF LICENSED DEALER.

    Section 921(a)(22) of title 18, United States Code, is amended in 
the first sentence by inserting before the period the following: ``: 
Provided further, That it shall be presumed that the intent underlying 
the sale or disposition of a firearm is predominantly one of obtaining 
livelihood and pecuniary gain if a person transfers more than 50 
firearms during any 12-month period, or more than 30 firearms during 
any 30-day period, excluding any infrequent transfer of a firearm by 
gift, bequest, intestate succession, or other means by an individual to 
a parent, child, grandparent, or grandchild of the individual''.

SEC. 102. REQUIREMENT THAT LICENSEE OPERATE FROM FIXED PREMISES.

    Section 923(d)(1)(E)(i) of title 18, United States Code, is amended 
by striking ``premises'' and inserting ``fixed premises (other than a 
private residence) primarily devoted to the sale of firearms and 
conspicuously designated to the public as such''.

SEC. 103. SECURE STORAGE OF FIREARMS INVENTORIES.

    (a) Storage Requirements.--Section 923 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(m) Secure Storage of Firearms Inventories.--
            ``(1) In general.--Beginning on the date on which the 
        Secretary issues final regulations under paragraph (2), it 
        shall be unlawful for any licensed importer, licensed 
        manufacturer, or licensed dealer (other than a dealer described 
        in section 921(a)(11)(B)) to store any firearm on a premises 
        described in subsection (d)(1)(E)(i), other than in accordance 
        with those regulations.
            ``(2) Regulations.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this subsection, the Secretary 
                shall issue final regulations governing the secure 
                storage of firearms on premises described in subsection 
                (d)(1)(E)(i) by licensed importers, licensed 
                manufacturers, and licensed dealers.
                    ``(B) Factors for consideration.--In promulgating 
                regulations issued under this paragraph, the Secretary 
                shall consider--
                            ``(i) the type and quantity of the firearm 
                        or firearms to be stored; and
                            ``(ii) the standards of safety and security 
                        recognized in the firearms industry.''.
    (b) Penalties.--Section 924 of title 18, United States Code, is 
amended--
            (1) in subsection (a)(1), by striking ``or (f)'' and 
        inserting ``(f), or (o)''; and
            (2) by adding at the end the following:
    ``(o) Failure To Securely Store Firearms Inventory.--
            ``(1) In general.--The Secretary may, after notice and 
        opportunity for hearing, suspend or revoke any license issued 
        under this chapter, may subject the licensee to a civil penalty 
        of not more than $10,000, or both, if the holder of such 
        license has knowingly violated section 923(m).
            ``(2) Review.--An action of the Secretary under this 
        subsection may be reviewed only as provided in section 
        923(f).''.
    (c) Condition of Licensing.--
            (1) In general.--Section 923(d)(1)(F) of title 18, United 
        States Code, is amended--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(iv) not later than 30 days after the date on which the 
        application is approved, the firearms inventory of the business 
        will be stored in accordance with the regulations issued under 
        section 923(m)(2); and''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to any application submitted under section 923 of 
        title 18, United States Code, on or after the date on which 
        final regulations are issued by the Secretary of the Treasury 
        under section 923(m)(2) of title 18, United States Code, as 
        added by this section.

SEC. 104. REQUIRING THEFTS FROM COMMON CARRIERS TO BE REPORTED.

    (a) In General.--Section 922(f) of title 18, United States Code, is 
amended by adding at the end the following:
    ``(3)(A) It shall be unlawful for any common or contract carrier to 
fail to report the theft or loss of a firearm to the Secretary and to 
the appropriate local authorities within 48 hours after the theft or 
loss is discovered.
    ``(B) The Secretary may impose a civil fine of not more than 
$10,000 on any person who knowingly violates subparagraph (A).''.
    (b) Penalties.--Section 924(a)(1)(B) of title 18, United States 
Code, is amended by striking ``(f),'' and inserting ``(f)(1), 
(f)(2),''.

                TITLE II--CRIMINAL GUN DEALER DETECTION

SEC. 201. RECORDKEEPING INSPECTIONS.

    Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is 
amended by striking ``once'' and inserting ``4 times''.

SEC. 202. DISPOSAL OF PERSONAL FIREARMS COLLECTION BY CERTAIN LICENSEES 
              MADE SUBJECT TO REGULATIONS.

    Section 923(c) of title 18, United States Code, is amended by 
striking the second sentence and inserting the following: ``A personal 
collection of firearms of a licensed manufacturer, licensed importer, 
or licensed dealer shall be considered to be part of the business 
inventory of the licensee for purposes of this chapter, except that the 
provisions of this chapter applicable to the disposition of a firearm 
from the business inventory of a licensee shall not apply to the 
infrequent transfer of a firearm by gift, bequest, intestate 
succession, or other means from the personal collection of firearms of 
a licensee to a parent, child, grandparent, or grandchild of the 
licensee.''.

SEC. 203. SUSPENSION OR REVOCATION OF FIREARMS DEALER LICENSE AND CIVIL 
              PENALTIES.

    (a) In General.--Section 923 of title 18, United States Code, is 
amended by striking subsection (e) and inserting the following:
    ``(e) Suspension or Revocation of Dealer License; Civil 
Penalties.--
            ``(1) Willful violations.--The Secretary may, after notice 
        and opportunity for hearing, suspend or revoke any license 
        issued under this section, may subject the licensee to a civil 
        penalty of not more than $10,000 per violation, or both, if the 
        holder of such license has willfully violated any provision of 
        this chapter or any rule or regulation prescribed by the 
        Secretary under this chapter.
            ``(2) Transfer of armor piercing ammunition.--The Secretary 
        may, after notice and opportunity for hearing, with respect to 
        a dealer who willfully transfers armor piercing ammunition--
                    ``(A) suspend or revoke the license of that dealer;
                    ``(B) assess a civil penalty of not more than 
                $10,000 on that dealer; or
                    ``(C) both.
            ``(3) Compromise, mitigation, or remittance of liability.--
        The Secretary may at any time compromise, mitigate, or remit 
        the liability with respect to any willful violation of this 
        chapter or any rule or regulation prescribed by the Secretary 
        under this chapter.
            ``(4) Review.--An action of Secretary under this subsection 
        may be reviewed only as provided in subsection (f).''.
    (b) Notice of License Revocation or Denial.--Section 923 of title 
18, United States Code, is amended by striking subsection (f) and 
inserting the following:
    ``(f) Rights of Applicants and Licensees.--
            ``(1) Notice requirements.--If the Secretary denies an 
        application for, or revokes or suspends a license, or assesses 
        a civil penalty under this section, the Secretary shall provide 
        written notice of such denial, revocation, suspension, or 
        assessment to the affected party. Any notice of a revocation or 
        suspension of a license under this paragraph shall be given to 
        the holder of such license before the effective date of the 
        revocation or suspension, as applicable.
            ``(2) Appeals process.--
                    ``(A) Hearing.--If the Secretary denies an 
                application for, or revokes or suspends a license, or 
                assesses a civil penalty under this section, the 
                Secretary, shall--
                            ``(i) upon request of the aggrieved party, 
                        promptly hold a hearing at a location 
                        convenient to the aggrieved party to review the 
                        denial, revocation, suspension, or assessment; 
                        and
                            ``(ii) in the case of a suspension or 
                        revocation of a license, upon the request of 
                        the holder of the license, stay the effective 
                        date of the suspension or revocation.
                    ``(B) Notice of decision.--If, after a hearing held 
                under subparagraph (A), the Secretary decides not to 
                reverse the decision of the Secretary to deny the 
                application, revoke or suspend the license, or assess 
                the civil penalty, as applicable, the Secretary shall 
                provide notice of the decision of the Secretary to the 
                aggrieved party.
                    ``(C) Petition for de novo review.--
                            ``(i) In general.--During the 60-day period 
                        beginning on the date on which an aggrieved 
                        party receives a notice under subparagraph (B), 
                        the aggrieved party may file a petition with 
                        the district court of the United States for the 
                        judicial district in which the aggrieved party 
                        resides or has a principal place of business 
for a de novo judicial review of such denial, revocation, suspension, 
or assessment.
                            ``(ii) Judicial proceeding.--In any 
                        judicial proceeding pursuant to a petition 
                        under clause (i)--
                                    ``(I) the court may consider any 
                                evidence submitted by the parties to 
                                the proceeding, regardless of whether 
                                or not such evidence was considered at 
                                the hearing held under subparagraph 
                                (A); and
                                    ``(II) if the court decides that 
                                the Secretary was not authorized to 
                                make such denial, revocation, 
                                suspension, or assessment, the court 
                                shall order the Secretary to take such 
                                actions as may be necessary to comply 
                                with the judgment of the court.''.

              TITLE III--VIOLENT FELON GUN BAN ENFORCEMENT

SEC. 301. ADMINISTRATIVE RELIEF FROM CERTAIN FIREARMS AND EXPLOSIVES 
              PROHIBITIONS.

    (a) In General.--
            (1) Firearms.--Section 925(c) of title 18, United States 
        Code, is amended--
                    (A) by inserting ``(1)'' after ``(c)'';
                    (B) in the first sentence, by inserting ``(other 
                than a natural person)'' before ``who is prohibited'';
                    (C) in the fourth sentence--
                            (i) by inserting ``person (other than a 
                        natural person) who is a'' before ``licensed 
                        importer''; and
                            (ii) by striking ``his license'' and 
                        inserting ``the license of that person''; and
                    (D) by striking the last sentence and inserting the 
                following:
    ``(2) Whenever the Secretary grants relief under this section to 
any person, the Secretary shall promptly publish notice of such action 
in the Federal Register, which shall include--
            ``(A) the name of the person;
            ``(B) the disability with respect to which the relief is 
        granted;
            ``(C) if the disability was imposed by reason of a criminal 
        conviction of the person, the crime for which and the court in 
        which the person was convicted; and
            ``(D) the reasons for the decision of the Secretary.''.
            (2) Explosive materials.--Section 845(b) of title 18, 
        United States Code, is amended--
                    (A) in the first sentence, by inserting ``(other 
                than a natural person)'' before ``may make application 
                to the Secretary''; and
                    (B) in the second sentence, by inserting ``(other 
                than a natural person)'' before ``who makes application 
                for relief''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply to any application for administrative relief and any action for 
judicial review that--
            (1) is pending on the date of enactment of this Act; and
            (2) is brought or filed on or after that date.

SEC. 302. PERMANENT FIREARM PROHIBITION FOR CONVICTED VIOLENT FELONS 
              AND SERIOUS DRUG OFFENDERS.

    Section 921(a)(20) of title 18, United States Code, is amended--
            (1) in the first sentence--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively; and
                    (B) by inserting ``(A)'' after ``(20)'';
            (2) in the second sentence, by striking ``What'' and 
        inserting the following:
    ``(B) What''; and
            (3) by striking the third sentence and inserting the 
        following:
    ``(C) A State conviction shall not be considered to be a conviction 
for purposes of this chapter, if--
            ``(i) the conviction is for an offense other than a serious 
        drug offense (as defined in section 924(e)(2)(A)) or violent 
        felony (as defined in section 924(e)(2)(B));
            ``(ii) the person is pardoned or has restored any civil 
        right taken away by virtue of the conviction, or the conviction 
        is expunged; and
            ``(iii) the authority that grants the pardon, the 
        restoration of civil rights, or the expungement--
                    ``(I) expressly authorizes the person to ship, 
                transport, receive, and possess firearms; and
                    ``(II) expressly determines that the circumstances 
                regarding the conviction and the record and reputation 
                of the person are such that the person is not likely to 
                act in a manner that is dangerous to public safety, and 
                that the granting of the relief is not contrary to the 
                public interest.''.

 TITLE IV--INTENSIVE GUN VIOLENCE REDUCTION STRATEGY AND PROJECT EXILE 
                             IMPLEMENTATION

                     Subtitle A--Funding Provisions

SEC. 401. AUTHORIZATION OF FUNDING FOR FEDERAL DOMESTIC VIOLENCE 
              OFFENDER RECORDKEEPING IMPROVEMENTS.

    (a) In General.--In addition to any other amounts authorized to be 
appropriated that may be used for such purpose, there is authorized to 
be appropriated $70,000,000 for fiscal year 2001 for the improvement of 
the national instant criminal background check system established under 
section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 
note), including improvements with respect to the records described in 
subsection (b) of this section, and especially records of domestic 
violence incidents, including felony and misdemeanor convictions for 
crimes of domestic violence and restraining orders with respect to 
incidents of domestic violence.
    (b) Records Included.--The records described in this subsection 
are--
            (1) the records described in paragraphs (1), (2), and (3) 
        of section 509(b) of the Omnibus Crime Control and Safe Streets 
        Act of 1968 (42 U.S.C. 3759(b)); and
            (2) the records required by the Attorney General under 
        section 103 of the Brady Handgun Violence Prevention Act (18 
        U.S.C. 922 note) for the purpose of implementing that Act.

SEC. 402. AUTHORIZATION OF FUNDING FOR STATE AND LOCAL DOMESTIC 
              VIOLENCE OFFENDER RECORDKEEPING IMPROVEMENTS.

    (a) Grants for State and Local Domestic Violence Offender 
Recordkeeping Improvements.--Title III of the Violent Crime Control and 
Law Enforcement Act of 1994 is amended by adding at the end the 
following:

  ``Subtitle Y--Grants for State and Local Domestic Violence Offender 
                       Recordkeeping Improvements

``SEC. 32501. GRANT AUTHORIZATION.

    ``The Attorney General may award grants to State or local law 
enforcement agencies for the purpose of improving--
            ``(1) the organization of criminal records including 
        records relating to convictions for crimes of domestic violence 
        and restraining orders with respect to domestic violence; and
            ``(2) the reporting of such records to the national instant 
        criminal background check system established under section 103 
        of the Brady Handgun Violence Prevention Act.

``SEC. 32502. USE OF FUNDS.

    ``Grants awarded by the Attorney General under this subtitle shall 
be used to fund programs for the purpose specified in section 32501.

``SEC. 32503. APPLICATIONS.

    ``(a) Eligibility.--To be eligible to receive a grant award under 
this subtitle for a fiscal year, a State or local law enforcement 
agency shall submit to the Attorney General an application, in such 
form and containing such information as the Attorney General may 
reasonably require.
    ``(b) Requirements.--Each application submitted under this section 
shall include--
            ``(1) a request for funds for the purpose specified in 
        section 32501;
            ``(2) a description of the improvements the applicant 
        intends to make in its organization of criminal records, 
        including records relating to convictions for crimes of 
        domestic violence and to restraining orders with respect to 
        domestic violence, and its reporting of such records to the 
        national instant criminal background check system; and
            ``(3) assurances that Federal funds received under this 
        subtitle shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities funded 
        under this section.

``SEC. 32504. MATCHING REQUIREMENT.

    ``The Federal share of a grant awarded under this subtitle may not 
exceed 50 percent of the total costs of the programs described in the 
applications submitted under section 32503 for the fiscal year for 
which the programs receive assistance under this subtitle.

``SEC. 32505. AWARD OF GRANTS.

    ``(a) In General.--In awarding grants under this subtitle, the 
Attorney General shall consider the demonstrated need for, and the 
evidence of the ability of the applicant to make, the improvements 
described in section 32503(b)(2), as described in the application 
submitted section 32503.
    ``(b) Research and Evaluation.--The Attorney General shall use not 
more than 3 percent of the funds available under this subtitle, and not 
less than 1 percent of such funds, for the purposes of research and 
evaluation of the activities carried out under this subtitle.

``SEC. 32506. REPORTS.

    ``(a) Report to Attorney General.--Not later than March 1 of each 
fiscal year, each law enforcement agency that received funds from a 
grant awarded under this subtitle for that fiscal year shall submit to 
the Attorney General a report describing the progress achieved in 
carrying out the program for which the grant was awarded.
    ``(b) Report to Congress.--Beginning not later than October 1 of 
the first fiscal year following the initial fiscal year during which 
grants are awarded under this subtitle, and not later than October 1 of 
each fiscal year thereafter, the Attorney General shall submit to 
Congress a report, which shall contain a detailed statement regarding 
grant awards, activities of grant recipients, a compilation of 
statistical information submitted by applicants, and an evaluation of 
programs established with amounts from grants awarded under this 
subtitle during the preceding fiscal year.

``SEC. 32507. DEFINITION OF STATE.

    ``In this subtitle, the term `State' means a State, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, American Samoa, Guam, and the United States 
Virgin Islands.

``SEC. 32508. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this subtitle 
$20,000,000 for fiscal year 2001.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 2 of the Violent Crime Control and Law Enforcement Act of 1994 
is amended by inserting after the item relating to subtitle X the 
following:

  ``Subtitle Y--Grants for State and Local Domestic Violence Offender 
                       Recordkeeping Improvements

        ``Sec. 32501. Grant authorization.
        ``Sec. 32502. Use of funds.
        ``Sec. 32503. Applications.
        ``Sec. 32504. Matching requirement.
        ``Sec. 32505. Award of grants.
        ``Sec. 32506. Reports.
        ``Sec. 32507. Definition of State.
        ``Sec. 32508. Authorization of appropriations.''.

SEC. 403. AUTHORIZATION OF FUNDING FOR ADDITIONAL BUREAU OF ALCOHOL, 
              TOBACCO AND FIREARMS OFFICERS.

    In addition to any other amounts authorized to be appropriated that 
may be used for such purpose, there is authorized to be appropriated 
for the hiring of 600 firearms agents and inspectors for the Bureau of 
Alcohol, Tobacco, and Firearms, $53,000,000 for fiscal year 2001.

SEC. 404. AUTHORIZATION OF FUNDING FOR ADDITIONAL STATE AND LOCAL GUN 
              PROSECUTORS.

    (a) Grants for State and Local Gun Prosecutors.--Title III of the 
Violent Crime Control and Law Enforcement Act of 1994 is amended by 
adding at the end the following:

        ``Subtitle Z--Grants for State and Local Gun Prosecutors

``SEC. 32601. GRANT AUTHORIZATION.

    ``The Attorney General may award grants to State, Indian tribal, or 
local prosecutors for the purpose of supporting the creation or 
expansion of community-based justice programs for the prosecution of 
firearm-related crimes.

``SEC. 32602. USE OF FUNDS.

    ``Grants awarded by the Attorney General under this subtitle shall 
be used to fund programs for the hiring of prosecutors and related 
personnel under which those prosecutors and personnel shall utilize an 
interdisciplinary team approach to prevent, reduce, and respond to 
firearm-related crimes in partnership with communities.

``SEC. 32603. APPLICATIONS.

    ``(a) Eligibility.--To be eligible to receive a grant award under 
this subtitle for a fiscal year, a State, Indian tribal, or local 
prosecutor, in conjunction with the chief executive officer of the 
jurisdiction in which the program will be placed, shall submit to the 
Attorney General an application, in such form and containing such 
information as the Attorney General may reasonably require.
    ``(b) Requirements.--Each application submitted under this section 
shall include--
            ``(1) a request for funds for the purposes described in 
        section 32602;
            ``(2) a description of the communities to be served by the 
        grant, including the nature of the firearm-related crime in 
        such communities; and
            ``(3) assurances that Federal funds received under this 
        subtitle shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities funded 
        under this section.

``SEC. 32604. MATCHING REQUIREMENT.

    ``The Federal share of a grant awarded under this subtitle may not 
exceed 50 percent of the total cost of the program described in the 
application submitted under section 32603 for the fiscal year for which 
the program receives assistance under this subtitle.

``SEC. 32605. AWARD OF GRANTS.

    ``(a) In General.--Except as provided in subsection (b), in 
awarding grants under this subtitle, the Attorney General shall 
consider--
            ``(1) the demonstrated need for, and the evidence of the 
        ability of the applicant to provide, the services described in 
        section 32603(b)(2), as described in the application submitted 
        under section 32603;
            ``(2) 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 of the 
        applicant, measured either in total or per capita;
            ``(3) the extent to which the jurisdiction of the applicant 
        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;
            ``(4) the extent to which State and local law enforcement 
        agencies in the jurisdiction of the applicant have pledged to 
        cooperate with Federal officials in responding to the illegal 
        acquisition distribution, possession, and use of firearms 
        within the jurisdiction; and
            ``(5) The extent to which the jurisdiction of the applicant 
        participates in comprehensive firearm law enforcement 
        strategies, including programs such as the Youth Crime Gun 
        Interdiction Initiative, Project Achilles, Project Disarm, 
        Project Triggerlock, Project Exile, Project Surefire, and 
        Operation Ceasefire.
    ``(b) Indian Tribes.--
            ``(1) Federal grants.--Not less than 5 percent of the 
        amount made available for grants under this subtitle for each 
        fiscal year shall be awarded as grants to Indian tribes.
            ``(2) Grant criteria.--In awarding grants to Indian tribes 
        in accordance with this subsection, the Attorney General shall 
        consider, to the extent practicable, the factors for 
        consideration set forth in subsection (a).
    ``(c) Research and Evaluation.--Of the amount made available for 
grants under this subtitle for each fiscal year, the Attorney General 
shall use not less than 1 percent and not more than 3 percent for 
research and evaluation of the activities carried out with grants 
awarded under this subtitle.

``SEC. 32606. REPORTS.

    ``(a) Report to Attorney General.--Not later than March 1 of each 
fiscal year, each law enforcement agency that receive funds from a 
grant awarded under this subtitle for that fiscal year shall submit to 
the Attorney General a report describing the progress achieved in 
carrying out the grant program for which those funds were received.
    ``(b) Report to Congress.--Beginning not later than October 1 of 
the first fiscal year following the initial fiscal year during which 
grants are awarded under this subtitle, and not later than October 1 of 
each fiscal year thereafter, the Attorney General shall submit to 
Congress a report, which shall contain a detailed statement regarding 
grant awards, activities of grant recipients, a compilation of 
statistical information submitted by applicants, and an evaluation of 
programs established with amounts from grants awarded under this 
subtitle during the preceding fiscal year.

``SEC. 32607. DEFINITIONS.

    ``In this subtitle--
            ``(1) the term `firearm' has the meaning given the term in 
        section 921(a) of title 18, United States Code;
            ``(2) the term `Indian tribe' means a tribe, band, pueblo, 
        nation, or other organized group or community of Indians, 
        including an Alaska Native village (as defined in or 
        established under the Alaska Native Claims Settlement Act (43 
        U.S.C. 1601 et seq.)), that is recognized as eligible for the 
        special programs and services provided by the United States to 
Indians because of their status as Indians; and
            ``(3) the term `State' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Mariana Islands, American Samoa, Guam, and the 
        United States Virgin Islands.

``SEC. 32608. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this subtitle 
$150,000,000 for fiscal year 2001.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 2 of the Violent Crime Control and Law Enforcement Act of 1994 
is amended by inserting after the item relating to subtitle Y (as added 
by section 402(b) of this Act) the following:

        ``Subtitle Z--Grants for State and Local Gun Prosecutors

        ``Sec. 32601. Grant authorization.
        ``Sec. 32602. Use of funds.
        ``Sec. 32603. Applications.
        ``Sec. 32604. Matching requirement.
        ``Sec. 32605. Award of grants.
        ``Sec. 32606. Reports.
        ``Sec. 32607. Definitions.
        ``Sec. 32608. Authorization of appropriations.''.

SEC. 405. AUTHORIZATION OF FUNDING FOR ADDITIONAL FEDERAL FIREARMS 
              PROSECUTORS AND GUN ENFORCEMENT TEAMS.

    (a) Additional Federal Firearms Prosecutors.--The Attorney General 
shall hire 114 additional Federal prosecutors to prosecute violations 
of Federal firearms laws.
    (b) Gun Enforcement Teams.--
            (1) Establishment.--The Attorney General shall establish in 
        each of the jurisdictions specified in paragraph (3) a gun 
        enforcement team.
            (2) Gun enforcement team requirements.--Each gun 
        enforcement team established under this subsection shall be 
        composed of--
                    (A) 1 coordinator, who shall be responsible, with 
                respect to the jurisdiction concerned, for coordinating 
                among Federal, State, and local law enforcement--
                            (i) the appropriate forum for the 
                        prosecution of crimes relating to firearms; and
                            (ii) efforts for the prevention of such 
                        crimes; and
                    (B) 1 analyst, who shall be responsible, with 
                respect to the jurisdiction concerned, for analyzing 
                data relating to such crimes and recommending law 
                enforcement strategies to reduce such crimes.
            (3) Covered jurisdictions.--The jurisdictions specified in 
        this subsection are not more than 20 jurisdictions designated 
        by the Attorney General for purposes of this subsection as 
        areas having high rates of crimes relating to firearms.
    (c) Authorization of Appropriations.--In addition to any other 
amounts authorized to be appropriated that may be used for such 
purpose, there is authorized to be appropriated to carry out this 
section $15,000,000 for fiscal year 2001.

SEC. 406. YOUTH CRIME GUN INTERDICTION INITIATIVE.

    (a) In General.--The Secretary of the Treasury shall expand--
            (1) to 50, the number of city and county law enforcement 
        agencies that through the Youth Crime Gun Interdiction 
        Initiative submit identifying information relating to all 
        firearms recovered during law enforcement investigations, 
        including from individuals under age 25, to the Secretary of 
        the Treasury to identify the types and origins of such 
        firearms; and
            (2) the resources devoted to law enforcement investigations 
        of illegal youth possessors and users of illegal firearms 
        traffickers identified through the Youth Crime Gun Interdiction 
        Initiative, including through the hiring of additional agents, 
        inspectors, intelligence analysts and support personnel.
    (b) Selection of Participants.--The Secretary of the Treasury, in 
consultation with Federal, State, and local law enforcement officials, 
shall select cities and counties for participation in the program 
established under this section.
    (c) Establishment of System.--
            (1) In general.--The Secretary of the Treasury shall 
        establish a system through which State and local law 
        enforcement agencies, through online computer technology, can 
        promptly provide firearms-related information to the Secretary 
        of the Treasury and access information derived through the 
        Youth Crime Gun Interdiction Initiative as soon as such 
        capability is available.
            (2) Report.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary of the Treasury shall 
        submit to the Chairman and Ranking Member of the Committee on 
        Appropriations of the House of Representatives, and the 
        Chairman and Ranking Member of the Committee on Appropriations 
        of the Senate, a report explaining the capacity to provide such 
        online access and the future technical and, if necessary, legal 
        changes required to make such capability available, including 
        cost estimates.
    (d) Report.--Not later than 1 year after the date of enactment of 
this section, and annually thereafter, the Secretary of the Treasury 
shall submit to the Chairman and Ranking Member of the Committee on 
Appropriations of the House of Representatives, and the Chairman and 
Ranking Member of the Committee on Appropriations of the Senate, a 
report regarding--
            (1) the types and sources of firearms recovered from 
        individuals, including those under the age of 25;
            (2) regional, State and national firearms trafficking 
        trends; and
            (3) the number of investigations and arrests resulting from 
        the Youth Crime Gun Interdiction Initiative.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $19,078,000 for fiscal year 
2001.

SEC. 407. LOCAL ANTI-GUN VIOLENCE MEDIA CAMPAIGNS.

    (a) Grants for Local Anti-Gun Violence Media Campaigns.--Title III 
of the Violent Crime Control and Law Enforcement Act of 1994 is amended 
by adding at the end the following:

   ``Subtitle AA--Grants for Local Anti-Gun Violence Media Campaigns

``SEC. 32701. GRANT AUTHORIZATION.

    ``The Attorney General may award grants to public entities or 
private nonprofit entities for the purpose of supporting the creation 
or expansion of local anti-gun violence media campaigns.

``SEC. 32702. USE OF FUNDS.

    ``Grants awarded by the Attorney General under this subtitle shall 
be used to fund programs for media campaigns on gun violence and gun 
safety, including campaigns that--
            ``(1) highlight coordination among Federal, State, and 
        local law enforcement agencies;
            ``(2) publicize penalties for violations of firearms laws; 
        and
            ``(3) emphasize the safe storage of firearms and the 
        prevention of access to firearms by children.

``SEC. 32703. APPLICATIONS.

    ``To be eligible to receive a grant award under this subtitle for a 
fiscal year, a public entity or private nonprofit entity shall submit 
to the Attorney General an application, in such form and containing 
such information as the Attorney General may reasonably require.

``SEC. 32704. MATCHING REQUIREMENT.

    ``The Federal share of a grant awarded under this subtitle may not 
exceed 50 percent of the total cost of the program described in the 
application submitted under section 32703 for the fiscal year for which 
the program receives assistance under this subtitle.

``SEC. 32705. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this subtitle 
$10,000,000 for fiscal year 2001.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 2 of the Violent Crime Control and Law Enforcement Act of 1994 
is amended by inserting after the item relating to subtitle Z (as added 
by section 404(b) of this Act) the following:

   ``Subtitle AA--Grants for Local Anti-Gun Violence Media Campaigns

        ``Sec. 32701. Grant authorization.
        ``Sec. 32702. Use of funds.
        ``Sec. 32703. Applications.
        ``Sec. 32704. Matching requirement.
        ``Sec. 32705. Authorization of appropriations.''.

SEC. 408. SMART GUN TECHNOLOGY.

    (a) In General.--The Attorney General, acting through the Director 
of the National Institute of Justice, shall carry out a program for the 
research and development of smart gun technology.
    (b) Definition of Smart Gun Technology.--In this section, the term 
``smart gun technology'' means a device--
            (1) incorporated by manufacture and design into a handgun 
        in such a manner that the device cannot be readily removed or 
        deactivated;
            (2) that allows the handgun to be fired only by a 
        particular individual; and
            (3) that may allow the handgun to be personalized to an 
        additional individual.
    (c) Authorization of Appropriations.--In addition to any other 
amounts authorized to be appropriated that may be used for such 
purpose, there is authorized to be appropriated to carry out this 
section $10,000,000 for fiscal year 2001.

                     Subtitle B--Ballistics Testing

SEC. 411. DEFINITION OF FORENSIC BALLISTICS.

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

SEC. 412. TEST FIRING AND AUTOMATED STORAGE OF FORENSIC BALLISTICS 
              RECORDS.

    (a) Amendments to Title 18, United States Code.--
            (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 forensic ballistics 
              records
    ``(a) In General.--A licensed manufacturer or licensed importer 
shall not transfer a firearm to any person before--
            ``(1) test firing the firearm;
            ``(2) preparing forensic ballistics records of the fired 
        bullet and cartridge casings from the test fire; and
            ``(3) making the ballistics records available to the 
        Secretary for entry in a computerized database.
    ``(b) Penalties.--
            ``(1) In general.--With respect to each violation of 
        subsection (a) by a licensed manufacturer or licensed importer, 
        the Secretary may, after notice and opportunity for hearing, 
        suspend the license for not more than 1 year or revoke the 
        license, impose on the licensee a civil fine of not more than 
        $10,000, or both.
            ``(2) Review.--An action of the Secretary under subsection 
        (b)(1) may be reviewed only as provided in section 923(f).
            ``(3) Other administrative remedies.--The suspension or 
        revocation of a license or the imposition of a civil fine under 
        paragraph (1) shall not preclude any administrative remedy that 
        is available to the Secretary under any other provision of law.
    ``(c) Compliance Assistance.--
            ``(1) In general.--The Attorney General and the Secretary 
        shall assist licensed manufacturers and licensed importers in 
        complying with subsection (a) through--
                    ``(A) the acquisition, disposition, and upgrade of 
                computerized forensic ballistics equipment and bullet 
                recovery equipment to be placed at the sites of 
                licensed manufacturers and licensed importers or at 
                regional firearm centers established by the Secretary;
                    ``(B) the hiring or designation of personnel 
                necessary to develop and maintain a database of 
                forensic ballistics records, research, and evaluation; 
                and
                    ``(C) any other steps necessary to implement 
                effective forensic ballistics testing.
            ``(2) Online access to forensic ballistics records.--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 forensic 
        ballistics records stored under this section, as soon as the 
        capability to do so is available.
    ``(d) Annual Reports.--Not later than 1 year after the effective 
date of this section and annually thereafter, the Attorney General and 
the Secretary shall submit to the Committees on the Judiciary of the 
House of Representatives and the Senate a report regarding the effects 
of this section, including the number of Federal and State criminal 
investigations, arrests, indictments, and prosecutions of all cases in 
which access to forensic ballistics records provided under this section 
served as a valuable investigative tool.
    ``(e) Education and Outreach.--
            ``(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 forensic 
                ballistics as part of a comprehensive firearm crime 
                reduction strategy; and
                    ``(B) provide for 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) Outreach.--In implementing paragraph (1), the 
        Attorney General and the Secretary shall concentrate on 
        outreach with--
                    ``(A) firearm manufacturers and importers that have 
                agreed to participate as a pilot site for the National 
                Integrated Ballistics Information Network;
                    ``(B) 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 information obtained in 
                annual regulatory inspection audits conducted by the 
                Secretary; and
                    ``(C) firearm manufacturers and importers that have 
                a policy that requires the test firing of all firearms 
                prior to transfer.
            ``(3) Annual reports.--Not later than 1 year after the 
        effective date of this section and annually thereafter, the 
        Secretary and the Attorney General shall submit to the 
        Committees on the Judiciary of the House of Representatives and 
        the Senate a report containing--
                    ``(A) a statement of the number of firearm 
                manufacturers and importers and other representatives 
                of the firearm industry participating in the outreach 
                effort under this subsection;
                    ``(B) the number and type of personnel of the 
                Bureau of Alcohol, Tobacco, and Firearms and the 
                Department of Justice hired or assigned to carry out 
                this subsection;
                    ``(C) a summary of the activities established by 
                firearm manufacturers and importers as a result of 
                their participation in the outreach effort under this 
                subsection;
                    ``(D) 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 under this subsection;
                    ``(E) the volume of forensic ballistics records 
                compiled as a result of the mandatory forensic 
                ballistics testing by participating firearm 
                manufacturers and importers;
                    ``(F) for each firearm manufacturer and firearm 
                importer, the number of times a tracing request based 
                on forensic ballistics analysis resulted in the 
                identification of a firearm manufactured or imported by 
                the firearm manufacturer or firearm importer; and
                    ``(G) an evaluation of the manner in which the 
                implementation of forensic ballistics testing affected 
                the volume of production or importation of firearms by 
                participating firearm manufacturers and firearm 
                importers.
    ``(f) Mandatory Forensic Ballistics Testing of Firearms in Federal 
Custody.--The Secretary and the Attorney General shall conduct 
mandatory forensic ballistics testing of all firearms that are or have 
been taken into the custody of, or procured or utilized by, their 
respective agencies.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated--
            ``(1) to carry out subsection (e), $38,306,000 for each of 
        fiscal years 2001 through 2004, including funding for--
                    ``(A) installation of forensic ballistics equipment 
                and bullet recovery equipment;
                    ``(B) establishment of regional centers for firearm 
                testing;
                    ``(C) salaries and expenses of necessary personnel; 
                and
                    ``(D) research and evaluation; and
            ``(2) to carry out subsection (f), $38,000,000 for each of 
        fiscal years 2001 through 2004.''.
            (2) Technical and conforming amendment.--The analysis for 
        chapter 44 of title 18, United States Code, is amended by 
        adding at the end the following:

``931. Test firing and automated storage of forensic ballistics 
                            records.''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date on which the Attorney General and 
        the Secretary of the Treasury certify that the Department of 
        Justice and the Department of the Treasury have established a 
        National Integrated Ballistics Network.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Attorney General and the Secretary of the Treasury shall 
submit to the Committees on Appropriations of the House of 
Representatives and the Senate a report, which shall include an 
analysis of--
            (1) the capacity to provide the online access required 
        under section 931(c)(2) of title 18, United States Code (as 
        added by this section), and the process by which the online 
        access will be implemented; and
            (2) 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.
                                 <all>