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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1647 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1647

To provide a fair process, with maximum opportunity for public comment, 
 that will help eradicate from this Nation those weapons for which no 
legitimate purpose exists and which are so lethal that they constitute 
an unreasonable risk to law enforcement and the public at large, while 
 at the same time ensuring that the law-abiding public has full access 
    to firearms created for legitimate purposes, including firearms 
               intended for hunting and recreational use.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            November 10 (legislative day, November 2), 1993

 Mr. Bingaman introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To provide a fair process, with maximum opportunity for public comment, 
 that will help eradicate from this Nation those weapons for which no 
legitimate purpose exists and which are so lethal that they constitute 
an unreasonable risk to law enforcement and the public at large, while 
 at the same time ensuring that the law-abiding public has full access 
    to firearms created for legitimate purposes, including firearms 
               intended for hunting and recreational use.

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

SECTION 1. ATTORNEY GENERAL'S STANDING COMMISSION ON SEMIAUTOMATIC 
              ASSAULT WEAPONS.

    (a) Establishment.--Not later than 30 days after the date of 
enactment of this Act, the Attorney General shall establish a Standing 
Commission on Semiautomatic Assault Weapons.
    (b) Membership.--
            (1) In general.--The Commission shall be composed of 8 
        members, including:
                    (A) The Assistant Attorney General for the Criminal 
                Division of the Department of Justice.
                    (B) The heads, or their designees, of the Federal 
                Bureau of Investigation, the Bureau of Alcohol, 
                Tobacco, and Firearms, and the Drug Enforcement Agency.
                    (C) Two representatives of national citizen's 
                organizations concerned with protecting the rights of 
                the law-abiding public to keep and bear arms.
                    (D) Two representatives of national citizen's 
                organizations concerned with protecting the public 
                safety and the needs of the Nation's law enforcement 
                officers.
            (2) Terms.--The Commission members who are representatives 
        of national citizen's organizations shall serve terms of 4 
        years, except that the terms of the members first appointed may 
        be staggered to ensure that the terms of no more than 3 members 
        expire in any 1 year.
            (3) Vacancies.--The Attorney General shall make an 
        appointment to fill a vacancy on the Commission not later than 
        30 days from the date that the vacancy occurred. An individual 
        chosen to fill a vacancy shall be appointed for the unexpired 
        term of the member replaced.
    (c) Meetings.--The Commission shall meet at least twice annually, 
at the call of the Attorney General and at the request of at least 3 
members, based on requests for such a meeting from the public or law 
enforcement entities. Each meeting of the Commission shall be open to 
the public.
    (d) Duties.--The Commission shall--
            (1) on an ongoing basis based on input solicited from 
        private citizens, national organizations, and law enforcement, 
        make recommendations to the Attorney General for restricting 
        the manufacture, sale, distribution, and possession of 
        domestic-made semi-automatic assault weapons and large capacity 
        ammunition feeding devices meeting the criteria set forth in 
        subsection (e);
            (2) establish procedures for making the recommendations 
        required in paragraph (1) and for identifying the nature and 
        extent of the restrictions recommended;
            (3) conduct public hearings and meetings on recommendations 
        proposed by private citizens, law enforcement, and the 
        Commission; and
            (4) together with the recommendations required in paragraph 
        (1), transmit to the Attorney General a report containing the 
        Commission's findings and conclusions based on a review and 
        analysis of information submitted to and collected by the 
        Commission.
    (e) Attorney General's Duties.--
            (1) Action based on recommendations.--Within 30 days of 
        receipt by the Attorney General of any recommendations of the 
        Commission, the Attorney General shall--
                    (A) reject the recommendations in whole of the 
                Commission; or
                    (B) accept the recommendations, in whole or in 
                part, of the Commission and commence a public process, 
                pursuant to the Administrative Procedure Act, for 
                issuing regulations based on the Commission's 
                recommendations.
            (2) Effect.--(A) If the Attorney General rejects the 
        recommendations of the Commission pursuant to paragraph (1)(A), 
        recommendations with respect to the semiautomatic assault 
        weapons and large capacity ammunition feeding devices shall be 
        deemed terminated for the year in which they were transmitted 
        to the Attorney General.
            (B) If the Attorney General accepts the recommendations of 
        the Commission pursuant to paragraph (1)(B), the Attorney 
        General shall not be bound by the recommendations, but may, 
        based on information received during public hearings and 
        through notices published in the Federal Register pursuant to 
        the Administrative Procedure Act--
                    (i) make changes in any of the recommendatins and 
                impose such restrictions, as the Attorney General 
                determines necessary; or
                    (ii) publish notice in the Federal Register that no 
                further action will be taken on the recommendations of 
                the Commission.
            (3) Submission to congress.--Contemporaneous with 
        publication of final regulations in the Federal Register, the 
        Attorney General shall submit the recommendations of the 
        Department of Justice, which comprise the final regulations, 
        together with such regulations, to the appropriate committees 
        of the Congress.
    (f) Effective Date of Regulations.--The effective date of 
regulations issued by the Attorney General pursuant to subsection (e) 
shall be 90 days after such regulations are published in the Federal 
Register and submitted, together with the recommendations of the 
Attorney General, to the appropriate committees of Congress.
    (g) Congressional Consideration of Commission Report.--
            (1) In general.--Implementation of regulations submitted to 
        the Congress under subsection (e) may be terminated only if a 
        joint resolution (described in paragraph (2)) disapproving such 
        regulations is enacted, in accordance with the provisions of 
        paragraph (3), before the end of the 90-day period beginning on 
        the date on which such final regulations were published in the 
        Federal Register and the recommendations were submitted to the 
        appropriate committees of Congress. For purposes of applying 
        the preceding sentence and paragraphs (2) and (3), the days on 
        which either House of Congress is not in session because of an 
        adjournment of more than 3 days to a day certain shall be 
        excluded in the computation of a period.
            (2) Terms of the resolution.--A joint resolution described 
        in this paragraph means only a joint resolution which is 
        introduced within the 10-day period beginning on the date on 
        which the Attorney General submits recommendations and a copy 
        of the regulations under subsection (e) and--
                    (A) which does not have a preamble;
                    (B) the matter after the resolving clause of which 
                is as follows: ``That Congress disapproves the 
                recommendations of the Attorney General, as contained 
                in the regulations published by the Attorney General in 
                the Federal Register on ____________,'' the blank space 
                being filled in with the appropriate date; and
                    (C) the title of which is as follows: ``Joint 
                resolution disapproving the recommendations of the 
                Attorney General''.
            (3) Procedures for consideration of resolution of 
        approval.--Subject to paragraph (4), the provisions of section 
        2908 (other than subsection (a)) of the Defense Base Closure 
        and Realignment Act of 1990 shall apply to the consideration of 
        a joint resolution described in paragraph (2) in the same 
        manner as such provisions apply to a joint resolution described 
        in section 2908(a) of such Act.
            (4) Special rules.--For purposes of applying paragraph (3) 
        with respect to such provisions--
                    (A) any reference to the Committee on Armed 
                Services of the House of Representatives shall be 
                deemed a reference to an appropriate committee of the 
                House of Representatives (specified by the Speaker of 
                the House of Representatives at the time of submission 
                of recommendations under subsection (e)) and any 
                reference to the Committee on Armed Services of the 
                Senate shall be deemed a reference to an appropriate 
                committee of the Senate (specified by the Majority 
                Leader of the Senate at the time of submission of 
                recommendations under subsection (e)); and
                    (B) any reference to the date on which the 
                President transmits a report shall be deemed a 
                reference to a date on which the Attorney General 
                submits recommendations under subsection (e).
    (h) Definitions.--
            (1) Semiautomatic assault weapon.--The term ``semiautomatic 
        assault weapon'' means--
                    (A) any of the firearms, or types, replicas, or 
                duplicates in any caliber of the firearms known as--
                            (i) Norinco, Mitchell, and Poly 
                        Technologies Avtomat Kalashnikovs (all models);
                            (ii) Action Arms Israeli Military 
                        Industries UZI and Galil;
                            (iii) Beretta AR-70 (SC-70);
                            (iv) Colt AR-15 and Sporter;
                            (v) Fabrique Nationale FN/FAL, FN/LAR, and 
                        FNC;
                            (vi) SWD M-101 M-11; M 11-9; and M-12;
                            (vii) INTRATEC TEC-9, TEC-DC9 and TEC-22; 
                        and
                            (viii) any shotgun which contains its 
                        ammunition in a revolving cylinder, such as but 
                        not limited to, the Street Sweeper and Striker 
                        12;
                    (B) a semiautomatic rifle that has an ability to 
                accept a detachable magazine and has at least 2 of--
                            (i) a folding or telescoping stock;
                            (ii) a pistol grip that protrudes 
                        conspicuously beneath the action of the weapon;
                            (iii) a bayonet mount;
                            (iv) a flash suppressor or barrel having a 
                        threaded muzzle; and
                            (v) a grenade launcher;
                    (C) a semiautomatic pistol that has an ability to 
                accept a detachable magazine and has at least 2 of--
                            (i) an ammunition magazine that attaches to 
                        the pistol outside of the pistol grip;
                            (ii) a barrel having a threaded muzzle;
                            (iii) a shroud that is attached to, or 
                        partially or completely encircles, the barrel 
                        and that permits the shooter to hold the 
                        firearm with the nontrigger hand without being 
                        burned;
                            (iv) a manufactured weight of 50 ounces or 
                        more when the pistol is unloaded; and
                            (v) a semiautomatic version of an automatic 
                        firearm; and
                    (D) a semiautomatic shotgun that has at least 2 
                of--
                            (i) a folding or telescoping stock;
                            (ii) a pistol grip that protrudes 
                        conspicuously beneath the action of the weapon;
                            (iii) a fixed magazine capacity in excess 
                        of 5 rounds; and
                            (iv) an ability to accept a detachable 
                        magazine.
            (2) Large capacity ammunition feeding device.--The term 
        ``large capacity ammunition feeding device'' means--
                    (A) a magazine, belt, drum, feed strip, or similar 
                device that has a capacity of, or that can be readily 
                restored or converted to accept, more than 10 rounds of 
                ammunition;
                    (B) any combination of parts from which a device 
                described in clause (i) can be assembled; but
                    (C) does not include an attached tubular device 
                designed to accept, and capable of operating only with 
                .22 caliber rimfire ammunition.

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