117 HR 8271 IH: ATF Data and Anti-Trafficking Accountability Act
U.S. House of Representatives
2022-07-01
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I
117th CONGRESS
2d Session
H. R. 8271
IN THE HOUSE OF REPRESENTATIVES
July 1, 2022
Mr. Schiff (for himself, Ms. Bonamici, Mr. Brown of Maryland, Mr. Carson, Ms. Dean, Mr. Evans, Ms. Norton, Ms. Jackson Lee, Mr. Johnson of Georgia, Mr. Khanna, Mr. Langevin, Mrs. Carolyn B. Maloney of New York, Ms. Porter, Mr. Rush, Mr. Suozzi, Ms. Titus, and Ms. Velázquez) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To require the publication of data sets regarding firearm trace data.
1.

Short title
This Act may be cited as the “ATF Data and Anti-Trafficking Accountability Act” or the “ATF DATA Act”.
2.

Requiring the publication of data sets regarding firearm trace data
(a)

In general
Within 6 months after the date of the enactment of this Act and not less frequently than annually thereafter, the Attorney General, through the Bureau of Alcohol, Tobacco, Firearms and Explosives (in this section referred to as the “Bureau”), shall submit to the Congress and make available to the public through electronic means a report that contains, at a minimum, the following information with respect to the then most recently completed calendar year (in this section referred to as the “period”) for which data is available:
(1)
Aggregated firearm trace data collected by the Bureau during the period, disaggregated by the license type of the source licensee.
(2)
A list of the 200 source licensees to whom the highest number of firearms were traced during the period, including—
(A)
the aggregate number of firearms traced to each such licensee, disaggregated by handguns, rifles, and shotguns;
(B)
the cities from which the firearms were recovered;
(C)
the average time-to-crime of the firearms traced to each such licensee;
(D)
the categories (determined by the Attorney General) of crimes committed with the firearms traced to each such licensee, if such information is available;
(E)
the number of traced firearms transferred by each licensee in any multiple sale; and
(F)
the number of firearms traced to each licensee that the licensee reported, pursuant to section 923(g)(6) of title 18, United States Code, as lost or stolen.
(3)
Aggregated data for the period on—
(A)
the distribution among source licensees of the following, disaggregated by licensee type, by total number, by percentage, and by source State—
(i)
0 or more traced firearms;
(ii)
1 or more traced firearms;
(iii)
2 or more traced firearms;
(iv)
5 or more traced firearms;
(v)
10 or more traced firearms;
(vi)
25 or more traced firearms; and
(vii)
50 or more traced firearms; and
(B)
the number of source licensees with any firearms traces, disaggregated by State.
(4)
Aggregated firearm trace data for the period, disaggregated by the 50 Metropolitan Statistical Areas with the highest overall homicide rates (as determined by the Attorney General) for the period and by the 50 such areas with the highest per capita homicide rates (as so determined) for the period, as listed in the Federal Bureau of Investigation report, entitled “Crime in the U.S.”, covering the period or other national crime data used by the Bureau of Alcohol, Tobacco, Firearms and Explosives for the period, including—
(A)
the total number of firearms recovered;
(B)
the number and percentage of firearms recovered from the 10 source States where the 10 greatest numbers of initial retail sales of the firearms occurred;
(C)
the 20 source licensees who made the 20 greatest numbers of initial retail sales of the firearms recovered;
(D)
the number of recovered firearms traced to each of the 20 licensees referred to in subparagraph (C), further disaggregated by—
(i)
the average time-to-crime for the firearms traced to the licensee; and
(ii)
the number of firearms traced to the licensee with respect to which the time-to-crime was less than 3 years;
(E)
the identities of the Federal, State, or local government agency that recovered the firearms;
(F)
the types of firearms recovered; and
(G)
the total number of recovered firearms with a time-to-crime of—
(i)
less than 3 years;
(ii)
less than 2 years; and
(iii)
less than 1 year.
(5)
Data, aggregated by State, related to the types of firearms traced during the period, including—
(A)
the category (as determined by the Attorney General) of crime leading to recovery, where the information is available;
(B)
the 10 manufacturers who made the 10 greatest numbers of the firearms, the firearm models of the 10 greatest number of the firearms, the 10 most recovered finishes or colors of the firearms, and the 10 most recovered barrel lengths of the firearms; and
(C)
the average time-to-crime for each subcategory (as determined by the Attorney General) of crime committed with the firearms.
(6)
The number of traced firearms sold as part of a multiple sale recovered during the period, disaggregated by State and by—
(A)
the number of—
(i)
handguns; and
(ii)
rifles the source State of which requires the reporting of rifle sales that are part of a multiple sale of rifles;
(B)
the average time-to-crime for the firearms; and
(C)
the percentage of the firearms recovered in the State in which initially purchased.
(7)
The following data on traced firearms determined to have been lost by or stolen from a licensee during the period, disaggregated by State:
(A)
The number of the firearms, further disaggregated by licensee type.
(B)
The number of the firearms, further disaggregated by average time-to-crime.
(C)
The percentage of the firearms not reported by licensees as lost or stolen before the date of the trace request for the firearm involved.
(D)
The percentage of the firearms recovered in the State in which the business premises from which the source licensee conducts business subject to the license is located.
(E)
The number of licensees who have had 2 or more firearms lost or stolen in the 5 years preceding the period.
(F)
The number of firearms lost or stolen from licensees referred to in subparagraph (E).
(G)
The number of reports of lost or stolen firearms filed by licensees referred to in subparagraph (E).
(H)
The number of incidents of theft or lost referred to in subparagraph (E) reported by licensees before the date of the trace request for the firearm involved.
(8)
The total number of privately made firearms recovered during the period, disaggregated by—
(A)
the State in which the firearm was recovered;
(B)
the type of firearm; and
(C)
the firearm brand, if known.
(9)
A list, disaggregated by whole number and by per capita, of—
(A)
the 50 law enforcement agencies in the United States that requested the greatest number of firearm traces during the period; and
(B)
the 10 law enforcement agencies in the United States that requested the greatest number of traces per State during the period.
(10)
The aggregate number of traces during the period of firearms with serial numbers engraved or cast on the receiver or frame of the firearm in accordance with section 923(i) of such title that were recovered in a foreign country and submitted to the Bureau for tracing, disaggregated by—
(A)
the foreign country in which recovered;
(B)
the number and percentage that were originally purchased in the United States;
(C)
the average time-to-crime for the firearms;
(D)
the number of firearms sold as part of a multiple sale; and
(E)
the type of firearm.
(11)
An overview and analysis of—
(A)
firearms trafficking patterns in the United States;
(B)
firearms trafficking investigations undertaken by the Department of Justice, including at a minimum—
(i)
the number of firearms diverted from legal to illegal commerce by the targets of firearms trafficking investigations;
(ii)
a description of how the trafficking investigations were initiated, including the number and percentage that were initiated through—
(I)
multiple sales records;
(II)
crime gun trace data analysis;
(III)
inspections of licensees; or
(IV)
licensee reporting of lost or stolen firearms;
(iii)
the number and percentage of firearms trafficking investigations in which youth and juveniles were involved as possessors, straw purchasers, thieves, robbers, or traffickers;
(iv)
a description of the crimes firearms traffickers were charged with, and convicted of, and the number and percentage of investigations and defendants that involved those crimes; and
(v)
a breakdown by State of the number and percentage of firearms trafficking investigations; and
(C)
the role of sales by unlicensed individuals or entities in firearms trafficking, including sales facilitated—
(i)
at gun shows; or
(ii)
through online forums.
(b)

Definitions
In this section:
(1)
The terms “firearm”, “importer”, “manufacturer”, “licensed manufacturer”, “dealer”, “handgun”, “rifle”, and “shotgun” have the meanings provided the terms, respectively, in section 921(a) of title 18, United States Code.
(2)
The term “time-to-crime” means, with respect to a firearm, the length of time between the date of the initial retail sale of the firearm and the date of the trace request for the firearm.
(3)
The term “multiple sale” means the sale or other disposition of 2 or more firearms at one time, or within 5 consecutive business days, that is required by law to be reported to the Attorney General.
(4)
The term “source licensee” means, with respect to a firearm, the person licensed under chapter 44 of title 18, United States Code, who made the initial sale of the firearm to an unlicensed person.
(5)
The term “source State” means, with respect to a firearm, the State or other territory of the United States where the initial retail sale of the firearm occurred.
(6)
The term “privately made firearm” means a firearm that—
(A)
is assembled or otherwise made by a person other than a licensed manufacturer; and
(B)
is not identified by means of a serial number or other mark engraved or cast on the receiver or frame by a licensed manufacturer or licensed dealer.