[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5836 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5836

  To direct the Attorney General to prioritize the investigation and 
   prosecution of Federal firearms offenses, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2020

 Mrs. Wagner introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To direct the Attorney General to prioritize the investigation and 
   prosecution of Federal firearms offenses, and for other purposes.

    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 ``Prosecuting Gun Crimes Saves Lives 
Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Promoting public safety, addressing gun-based 
        homicides, and enforcing Federal firearms laws are among the 
        highest priorities of the Congress.
            (2) Point-of-sale background checks can reduce the risk of 
        gun-based homicides by preventing criminals and prohibited 
        persons from purchasing firearms while protecting access for 
        law-abiding citizens.
            (3) Under the Gun Control Act of 1968, categories of 
        persons who may pose a threat to public safety, including 
        violent felons, fugitives from justice, and persons convicted 
        of domestic violence crimes, are prohibited from shipping, 
        transporting, receiving, or possessing firearms or ammunition.
            (4) Thousands of prohibited persons illegally attempt to 
        purchase firearms every year. In 2017, the FBI's NICS Section 
        referred 112,090 denied transactions to the Bureau of Alcohol, 
        Tobacco, Firearms and Explosives (ATF). Of these NICS denials, 
        only 12, or 0.09 percent, were prosecuted in 2017.
            (5) On March 12, 2018, former Attorney General Jeff 
        Sessions issued a memo directing Department of Justice 
        prosecutors to prioritize ``vigorous and appropriate'' 
        prosecution of cases involving false statements on Alcohol, 
        Tobacco, Firearms and Explosives Form 4473. The memo stated 
        that ``Criminals and other prohibited persons who attempt to 
        thwart the background check process by lying on the required 
        forms threaten to undermine this important crime prevention 
        tool'' and that ``we must vigilantly protect the integrity of 
        the background system through appropriate prosecution of those 
        who attempt to circumvent the law''. The Department of 
        Justice's efforts to reclaim the integrity of the background 
        check system yielded a 23-percent increase in the number of 
        defendants charged with unlawful possession of a firearm in the 
        3 months following issuance of the memo.
            (6) On November 13, 2019, Attorney General William Barr 
        announced the launch of a new initiative, Project Guardian, to 
        reduce gun-based homicides by investigating, prosecuting, and 
        preventing firearm crimes. Project Guardian will address gun-
        based homicides by encouraging coordinated prosecution efforts, 
        enforcement of the background check system, improved 
        information-sharing, response to mental health denials, and 
        crime gun intelligence coordination.
            (7) Congress must ensure Federal, State, and local entities 
        tasked with preventing prohibited individuals from purchasing 
        firearms, recovering firearms from prohibited individuals, and 
        investigating and prosecuting lying and buying and lying and 
        trying cases have sufficient information and resources to carry 
        out their missions and promote public safety.
            (8) Congress urges the Attorney General to prioritize the 
        investigation and prosecution of Federal firearm offenses to 
        protect Americans and prevent and deter the illegal purchase 
        and possession of firearms.

SEC. 3. INFORMATION-SHARING WITH STATE FUSION CENTERS.

    Not later than 60 days after the date of the enactment of this Act, 
the Attorney General may direct the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to regularly provide to State and local law 
enforcement agencies, including through State law enforcement fusion 
centers (as defined in section 210A(j)(1) of the Homeland Security Act 
of 2002) a report listing individuals for whom the National Instant 
Criminal Background Check System has issued firearm transfer denials, 
including the basis for the denial, with the purpose of equipping law 
enforcement with the information they need to prevent persons from 
illegally purchasing, receiving, or possessing firearms.

SEC. 4. POINT OF CONTACT AND PARTIAL POINT OF CONTACT STATE GRANTS TO 
              INCREASE INVESTIGATIONS AND PROSECUTIONS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter, the Attorney General 
may make grants to eligible States to investigate firearm transfer 
denials and increase investigations and prosecutions of persons who 
illegally purchase, possess, or receive a firearm, or illegally attempt 
to purchase, possess, or receive a firearm.
    (b) Eligibility.--An eligible State is any State that is a point of 
contact State or partial point of contact State for the national 
instant criminal background check system.
    (c) Application.--To receive a grant under this section, a State 
shall submit to the Attorney General an application at such time, in 
such manner, and containing such information as the Attorney General 
may reasonably require.
    (d) Priority.--In awarding grants under this section, the Attorney 
General may give priority to each eligible State that--
            (1) establishes a task force that includes entities such as 
        State and local law enforcement agencies, State and local 
        prosecutors, agencies conducting background checks, and 
        representatives from the Bureau of Alcohol, Tobacco, Firearms 
        and Explosives; and
            (2) certifies to the Attorney General that the State is 
        committed to investigating and prosecuting persons who 
        illegally purchase, possess, or receive firearms or illegally 
        attempt to purchase, possess, or receive firearms.
    (e) Use of Funds.--A State that receives a grant under this section 
shall use grant funds to coordinate and execute investigations and 
prosecutions of persons who illegally purchase, possess, or receive a 
firearm, or illegally attempt such purchase, possession, or receipt, 
including the illegal purchase or possession of a firearm based on a 
prior felony or any relevant misdemeanor convictions.
    (f) Evaluation.--Each State that receives a grant under this 
section shall submit to the Attorney General, not later than 1 year 
after receipt of such grant, an evaluation in such form and containing 
such information as the Attorney General may reasonably require.
    (g) Authorization of Funding.--There is authorized to be 
appropriated to carry out this section not more than $7,000,000 for 
each of fiscal years 2021 through 2025.

SEC. 5. INCREASING FEDERAL PROSECUTION OF GUN VIOLENCE.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Attorney General shall establish in each 
jurisdiction described in subsection (c) a program that meets the 
requirements of subsection (b), which shall be known as the ``Prosecute 
Gun Crimes Program''.
    (b) Program Elements.--Each program established under subsection 
(a) shall, for the jurisdiction concerned--
            (1) require that the United States attorney designate not 
        less than 1 assistant United States attorneys to prosecute 
        violations of Federal firearms laws;
            (2) provide for coordination with State and local law 
        enforcement officials in the identification of violations of 
        Federal firearms laws;
            (3) provide for the establishment of agreements with State 
        and local law enforcement officials for the referral to the 
        Bureau of Alcohol, Tobacco, Firearms and Explosives and the 
        United States attorney for the district in which the 
        jurisdiction is located for prosecution of persons arrested for 
        violations of section 922 or 924 of title 18, United States 
        Code, or section 5861 of the Internal Revenue Code of 1986, 
        relating to firearms;
            (4) ensure that each person so referred be charged with a 
        violation of the most serious Federal firearm offense 
        consistent with the act committed, while preserving 
        prosecutorial discretion;
            (5) provide for the hiring of agents for the Bureau of 
        Alcohol, Tobacco, Firearms and Explosives to investigate 
        violations of the provisions of law specified in paragraph (3); 
        and
            (6) provide for the establishment of multijurisdictional 
        task forces, coordinated by the Executive Office of the United 
        States attorneys, to investigate and prosecute illegal straw 
        purchasing rings that purchase firearms in one jurisdiction and 
        transfer them in another.
    (c) Covered Jurisdictions.--
            (1) In general.--Subject to paragraph (2), the 
        jurisdictions described in this subsection are--
                    (A) the 15 cities or jurisdictions within the 50 
                States with a population equal to or greater than 
                100,000 persons that had the highest per capita rate of 
                gun-based homicides according to the uniform crime 
                report of the Federal Bureau of Investigation for the 
                most recent year available; and
                    (B) the 3 tribal jurisdictions that have the 
                highest gun-based homicide crime rates, as determined 
                by the Attorney General.
    (d) Annual Reports.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, 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:
            (1) The number of individuals indicted for such violations 
        of Federal firearms laws during that year.
            (2) The increase or decrease in the number of individuals 
        indicted for such violations of Federal firearms laws during 
        that year under a program established under this section when 
        compared with the year preceding that year.
            (3) To the extent the information is available, the average 
        length of the sentences of imprisonment of the individuals 
        convicted of violations of Federal firearms laws under such a 
        program.
            (4) The number of multijurisdictional task forces 
        established and the number of individuals arrested, indicted, 
        convicted or acquitted of charges for violations of the crimes 
        specified in subsection (b)(3).
    (e) Limitations on Authorization of Appropriations.--
            (1) In general.--For the salaries and expenses of assistant 
        United States attorneys and Bureau of Alcohol, Tobacco, 
        Firearms and Explosives agents participating in the program 
        established under this section, there are authorized to be 
        appropriated $15,000,000 for each of fiscal years 2021, 2022, 
        and 2023.
            (2) Use of funds.--
                    (A) Assistant united states attorneys.--The 
                assistant United States attorneys hired using amounts 
                made available under paragraph (1) of this subsection 
                shall prosecute violations of Federal firearms laws 
                specified in subsection (b)(3).
                    (B) ATF agents.--The Bureau of Alcohol, Tobacco, 
                Firearms and Explosives agents hired using amounts made 
                available under paragraph (1) of this subsection shall, 
                to the maximum extent practicable, concentrate their 
                investigations on violations of Federal firearms laws 
                specified in subsection (b)(3).

SEC. 6. PROSECUTION OF FELONS WHO ATTEMPT TO ILLEGALLY PURCHASE 
              FIREARMS.

    (a) Task Force.--
            (1) Establishment.--There is established in the Department 
        of Justice a task force, which shall be known as the Felon 
        Firearm Task Force (referred to in this section as the ``Task 
        Force''), to strengthen the efforts of the Department of 
        Justice to investigate and prosecute cases of convicted felons 
        who illegally attempt to purchase a firearm.
            (2) Membership.--The members of the Task Force shall be--
                    (A) the Deputy Attorney General, who shall serve as 
                the Chairperson of the Task Force;
                    (B) the Assistant Attorney General for the Criminal 
                Division;
                    (C) the Director of the Bureau of Alcohol, Tobacco, 
                Firearms and Explosives;
                    (D) the Director of the Federal Bureau of 
                Investigation; and
                    (E) such other officers or employees of the 
                Department of Justice as the Attorney General may 
                designate.
            (3) Duties.--The Task Force shall provide--
                    (A) direction for the investigation and prosecution 
                of cases of convicted felons attempting to illegally 
                purchase a firearm; and
                    (B) recommendations to the Attorney General 
                relating to--
                            (i) the allocation and reallocation of 
                        resources of the Department of Justice for 
                        investigation and prosecution of such cases;
                            (ii) enhancing cooperation among entities 
                        of the Federal Government in the investigation 
                        and prosecution of such cases;
                            (iii) enhancing cooperation among Federal, 
                        State, and local authorities responsible for 
                        the investigation and prosecution of such 
                        cases; and
                            (iv) changes in rules, regulations, or 
                        policy to improve the effective investigation 
                        and prosecution of such cases.
            (4) Meetings.--The Task Force shall meet not less than once 
        each year.
            (5) Termination.--The Task Force shall terminate on the 
        date that is 5 years after the date of the enactment of this 
        Act.
    (b) Authorization for Use of Funds.--Section 524(c)(1) of title 28, 
United States Code, is amended--
            (1) in subparagraph (H), by striking ``and'' at the end;
            (2) in subparagraph (I), by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (I) the following:
                    ``(J) the investigation and prosecution of cases of 
                convicted felons who illegally attempt to purchase a 
                firearm, in accordance with section 6(a) of the 
                Prosecuting Gun Crimes Saves Lives Act, except that--
                            ``(i) not more than $5,000,000 shall be 
                        available to the Attorney General for each of 
                        fiscal years 2021 through 2024 under this 
                        subparagraph; and
                            ``(ii) not more than 5 percent of the 
                        amounts made available under this subparagraph 
                        may be used for the administrative costs of the 
                        task force established under such section.''.

SEC. 7. REPORT TO CONGRESS ON FIREARMS PROSECUTIONS.

    (a) Report to Congress.--Beginning February 1, 2021, and on 
February 1 of each year thereafter through 2029, the Attorney General 
shall submit to the Committees on the Judiciary and on Appropriations 
of the Senate and of the House of Representatives a report containing 
the information furnished under subsection (b) during the fiscal year 
that ended on September 30 of the preceding year.
    (b) Subject of Annual Report.--Not later than 90 days after the 
date of the enactment of this Act, the Attorney General shall require 
each component of the Department of Justice, including each Office of 
the United States Attorney, to furnish for the purposes of the report 
required by subsection (a) information relating to any case presented 
to the Department of Justice for review or prosecution, in which the 
objective facts of the case provide probable cause to believe that 
there has been a violation of section 922 or 924 of title 18, United 
States Code, or section 5861 of the Internal Revenue Code of 1986.
    (c) Elements of Annual Report.--With respect to each case described 
in subsection (b), the report submitted under subsection (a) shall 
include information indicating--
            (1) whether in any such case, a decision has been made not 
        to charge an individual with a violation of the relevant 
        provision of law or any other provision of Federal criminal 
        law;
            (2) in any case described in paragraph (1), a description 
        of why no charge was filed under the relevant provision of law;
            (3) whether, in any case described in subsection (b), an 
        indictment, information, or other charge has been brought 
        against any person, or the matter is pending;
            (4) whether, in the case of an indictment, information, or 
        other charge referred to in paragraph (3), the charging 
        document contains a count or counts alleging a violation of the 
        relevant provision of law;
            (5) in any case described in paragraph (4) in which the 
        charging document contains a count or counts alleging a 
        violation of the relevant provision of law, whether a plea 
        agreement of any kind has been entered into with the charged 
        individual;
            (6) whether any plea agreement described in paragraph (5) 
        required the individual to plead guilty or enter a plea of nolo 
        contendere, or otherwise caused a court to enter a conviction 
        against the individual for a violation of the relevant 
        provision of law;
            (7) in any case described in paragraph (6) in which the 
        plea agreement did not require the individual to plead guilty 
        or enter a plea of nolo contendere, or otherwise cause a court 
        to enter a conviction against that individual for a violation 
        of the relevant provision of law, the charges to which the 
        individual pled guilty;
            (8) in the case of an indictment, information, or other 
        charge described in paragraph (3), in which the charging 
        document contains a count alleging a violation of the relevant 
        provision of law, the result of any trial of the charges;
            (9) in the case of an indictment, information, or other 
        charge described in paragraph (3), in which the charging 
        document did not contain a count or counts alleging a violation 
        of the relevant provision of law, the nature of the other 
        charges brought and the result of any trial of such other 
        charges brought;
            (10) the number of persons who attempted to purchase a 
        firearm but were denied a firearm because of a background check 
        conducted in accordance with section 922(t) of title 18, United 
        States Code; and
            (11) the number of prosecutions conducted in relation to 
        persons described in paragraph (10).
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