[Congressional Record Volume 146, Number 37 (Wednesday, March 29, 2000)]
[Senate]
[Pages S1908-S1910]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL (for himself and Mrs. Feinstein):
  S. 2324. 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; to the Committee on the 
Judiciary.


           BALLISTICS, LAW ASSISTANCE, SAFETY TECHNOLOGY ACT

 Mr. KOHL. Mr. President, I rise today with my colleague 
Senator Feinstein to introduce ``BLAST''--the Ballistics, Law 
Assistance, and Safety Technology Act. The bill offers two 
complementary approaches to combating gun violence. The first supplies 
our Nation's police with a new technology to assist them in solving 
crimes. The second expands ``Project Exile'' to 50 cities, giving 
federal prosecutors the resources they need to put more felons behind 
bars. Let me explain how our measure is crucial to the fight against 
crime.
  Reducing crime requires a multifaceted approach. While we need 
tougher controls to keep guns away from kids in this country--including 
mandating that child safety locks be sold with every new handgun--all 
of us also recognize that the battle against senseless violence 
includes prosecuting all criminals to the letter of the law.
  Mr. President, just as every person has a unique fingerprint, each 
gun leaves unique markings on discharged bullets and shell casings. 
Over the past decade, new technology has allowed for the comparison of 
those ``gun prints'' with bullets found at crime scenes. By keeping a 
computerized image of each new gun's fingerprint, police can compare 
the microscopic differences in markings left by each gun until they 
find a match. Once a match is found, law enforcement can begin tracing 
that weapon from its original sale to the person who used it to commit 
the crime.
  Indeed, ballistics technology, though nascent, is already helping to 
solve crimes. For example, in June 1997, an Oakland man was shot and 
killed as he used a public telephone on a street corner. Without any 
leads or physical evidence other than a bullet casing left by the 
discharged weapon, police were initially stymied in their search for 
the killer.
  A year passed without any progress in the investigation until police 
made an ordinary arrest of two men for the unlawful possession of a 
firearm. When the officers test-fired the confiscated gun and ran the 
image through their ballistics database, they found a match within 
seconds. The seized gun was the same gun that fired the deadly bullet 
in the unsolved case the previous year. Police confronted the two men 
with this evidence, and quickly received a confession to the murder.
  In another case, police only found 9 millimeter cartridge casings at 
the scene of a brutal homicide in Milwaukee--there were no other clues. 
But four months later, when a teenage male was arrested on an unrelated 
charge, he was found to be in possession of that firearm. Ballistics 
linked the two cases. Prosecutors successfully prosecuted three adult 
suspects for the homicide and convicted the teen in juvenile court.
  Mr. President, since the early 1990's, more than 250 crime labs and 
law enforcement agencies in over 40 states have been operating 
independent ballistics systems maintained by either the ATF or the FBI. 
Together, ATF's Integrated Ballistics Identification System (``IBIS'') 
and the FBI's DRUGFIRE system have been responsible for linking 5,700 
guns to two or more crimes where corroborating evidence was otherwise 
lacking.
  My own state of Wisconsin employs the DRUGFIRE system for ballistics 
testing and has already used it to solve crime and provide 
authenticating evidence for ongoing criminal investigations. In 1998, 
the Milwaukee police department alone analyzed almost 600 firearms and 
over 3200 fired cartridges. Even though Wisconsin's DRUGFIRE has a 
limited number of guns in its database, ballistics testing helped solve 
seven homicides, 100 cases where the reckless use of a weapon 
endangered public safety, and numerous other gun crimes.
  These statistics are heartening, but they also illustrate the 
untapped potential of ballistics as a law enforcement weapon. Simply 
put, ballistics testing is only as good as the number of images in the 
database. Unfortunately, not enough guns are test fired before they are 
sold, not enough communities have access to ballistics databases, and 
not enough information is shared between law enforcement agencies of 
different jurisdictions. Ironically, even the two primary agencies 
responsible for investigating gun crimes--the ATF and the FBI--have 
created ballistics systems that cannot read each others data. Sadly, 
this significant law enforcement tool is severely underutilized.
  But that need not be the case. Title I of BLAST makes ballistics a 
centerpiece of our anti-crime strategy by requiring federal firearms 
manufacturers and importers to test fire all new firearms and make the 
ballistics images available to federal law enforcement; requiring 
federal law enforcement officials to test fire all firearms in their 
custody; and providing financial support to communities that include 
ballistics testing as a critical part of their comprehensive anti-crime 
strategy, building on the model used by ATF in the Youth Crime Gun 
Interdiction Initiative.

  The burden on manufacturers is minimal--we authorize funds to 
underwrite the cost of testing--and the assistance to law enforcement 
is considerable. And don't take my word for it, ask the gun 
manufacturers and the police. Listen to what Paul Januzzo, the vice-
president of the gun manufacturer Glock, said last month in reference 
to ballistics testing, ``our mantra has been that the issue is crime 
control, not gun control . . . it would be two-faced of us not to want 
this.'' In their agreement with HUD, Smith & Wesson agreed to perform 
ballistics testing on all new handguns. And Ben Wilson, the chief of 
the firearms section at ATF, emphasized the importance of ballistics 
testing as a investigative device, ``This [ballistics] allows you 
literally to find a needle in a haystack.''
  Our approach is bipartisan as well. The Republican governor of New 
York, George Pataki, prominently included a similar ballistics measure 
in his recently introduced anti-crime package. He clearly recognizes, 
as we do, that the more we can empower law enforcement, the more 
effectively we can put hard core criminals where they belong--behind 
bars.

[[Page S1909]]

  To be sure, we are sensitive to the notion that law abiding hunters 
and sportsmen need to be protected from any misuse of the ballistics 
database by government. The BLAST bill explicitly prohibits ballistics 
information from being used for any purpose unless it is necessary for 
the investigation of a gun crime.
  Of course, to successfully combat crime, you also need to enhance the 
arsenal of law enforcement. That is why Title II of BLAST expands the 
successful ``Project Exile'' program. By authorizing $20 million over 
four years, BLAST would fund gun prosecutors in 50 cities--prosecutors, 
who will work in conjunction with state and local authorities, devoted 
solely to the aggressive enforcement of the federal gun laws.
  This program already enjoys widespread support--from the industry to 
leaders on both sides of the political aisle to the National Rifle 
Association, which has pointed to Project Exile as a model for fighting 
gun crime. Our hope is to expand the success of EXILE across the 
country and provide the resources to every city interested in 
aggressively pursuing gun crimes. Felons will know that if they commit 
a crime with a gun they will pay the price.
  Mr. President, the BLAST bill will enhance a revolutionary new 
technology that helps solve crime while, at the same time, recognizing 
that new crime solving instruments are worthless unless prosecutors are 
in place to punish violent offenders to the fullest extent of the law. 
BLAST is a worthwhile piece of crime control legislation. I hope that 
the Senate will quickly move to pass it.
  I ask unanimous consent that a copy of the legislation be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2324

       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--

[[Page S1910]]

       (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.
                                 ______