II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Effective National Firearms Objectives for Responsible,

6 Commonsense Enforcement Act of 2000’’ or the ‘‘EN7 FORCE Act’’.

8 (b) TABLE OF CONTENTS.—The table of contents for

9 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—CRIMINAL GUN TRAFFICKER APPREHENSION
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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.

1 TITLE I—CRIMINAL GUN

2 TRAFFICKER APPREHENSION

3 SEC. 101. COMMONSENSE DEFINITION OF LICENSED

4 DEALER.

5 Section 921(a)(22) of title 18, United States Code,

6 is amended in the first sentence by inserting before the

7 period the following: ‘‘: Provided further, That it shall be
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1 presumed that the intent underlying the sale or disposition

2 of a firearm is predominantly one of obtaining livelihood

3 and pecuniary gain if a person transfers more than 50

4 firearms during any 12-month period, or more than 30

5 firearms during any 30-day period, excluding any infre6 quent transfer of a firearm by gift, bequest, intestate suc7 cession, or other means by an individual to a parent, child,

8 grandparent, or grandchild of the individual’’.

9 SEC. 102. REQUIREMENT THAT LICENSEE OPERATE FROM

10 FIXED PREMISES.

11 Section 923(d)(1)(E)(i) of title 18, United States

12 Code, is amended by striking ‘‘premises’’ and inserting

13 ‘‘fixed premises (other than a private residence) primarily

14 devoted to the sale of firearms and conspicuously des15 ignated to the public as such’’.

16 SEC. 103. SECURE STORAGE OF FIREARMS INVENTORIES.

17 (a) STORAGE REQUIREMENTS.—Section 923 of title

18 18, United States Code, is amended by adding at the end

19 the following:

20 ‘‘(m) SECURE STORAGE OF FIREARMS INVEN21 TORIES.—

22 ‘‘(1) IN GENERAL.—Beginning on the date on

23 which the Secretary issues final regulations under

24 paragraph (2), it shall be unlawful for any licensed

25 importer, licensed manufacturer, or licensed dealer
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1 (other than a dealer described in section

2 921(a)(11)(B)) to store any firearm on a premises

3 described in subsection (d)(1)(E)(i), other than in

4 accordance with those regulations.

5 ‘‘(2) REGULATIONS.—

6 ‘‘(A) IN GENERAL.—Not later than 180

7 days after the date of enactment of this sub8 section, the Secretary shall issue final regula9 tions governing the secure storage of firearms

10 on premises described in subsection (d)(1)(E)(i)

11 by licensed importers, licensed manufacturers,

12 and licensed dealers.

13 ‘‘(B) FACTORS FOR CONSIDERATION.—In

14 promulgating regulations issued under this

15 paragraph, the Secretary shall consider—

16 ‘‘(i) the type and quantity of the fire17 arm or firearms to be stored; and

18 ‘‘(ii) the standards of safety and secu19 rity recognized in the firearms industry.’’.

20 (b) PENALTIES.—Section 924 of title 18, United

21 States Code, is amended—

22 (1) in subsection (a)(1), by striking ‘‘or (f)’’

23 and inserting ‘‘(f), or (o)’’; and

24 (2) by adding at the end the following:
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1 ‘‘(o) FAILURE TO SECURELY STORE FIREARMS IN2 VENTORY.—

3 ‘‘(1) IN GENERAL.—The Secretary may, after

4 notice and opportunity for hearing, suspend or re5 voke any license issued under this chapter, may sub6 ject the licensee to a civil penalty of not more than

7 $10,000, or both, if the holder of such license has

8 knowingly violated section 923(m).

9 ‘‘(2) REVIEW.—An action of the Secretary

10 under this subsection may be reviewed only as pro11 vided in section 923(f).’’.

12 (c) CONDITION OF LICENSING.—

13 (1) IN GENERAL.—Section 923(d)(1)(F) of title

14 18, United States Code, is amended—

15 (A) in clause (ii), by striking ‘‘and’’ at the

16 end;

17 (B) in clause (iii), by striking the period at

18 the end and inserting ‘‘; and’’; and

19 (C) by adding at the end the following:

20 ‘‘(iv) not later than 30 days after the date on

21 which the application is approved, the firearms in22 ventory of the business will be stored in accordance

23 with the regulations issued under section 923(m)(2);

24 and’’.
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1 (2) EFFECTIVE DATE.—The amendments made

2 by this subsection shall apply to any application sub3 mitted under section 923 of title 18, United States

4 Code, on or after the date on which final regulations

5 are issued by the Secretary of the Treasury under

6 section 923(m)(2) of title 18, United States Code, as

7 added by this section.

8 SEC. 104. REQUIRING THEFTS FROM COMMON CARRIERS

9 TO BE REPORTED.

10 (a) IN GENERAL.—Section 922(f) of title 18, United

11 States Code, is amended by adding at the end the fol12 lowing:

13 ‘‘(3)(A) It shall be unlawful for any common or con14 tract carrier to fail to report the theft or loss of a firearm

15 to the Secretary and to the appropriate local authorities

16 within 48 hours after the theft or loss is discovered.

17 ‘‘(B) The Secretary may impose a civil fine of not

18 more than $10,000 on any person who knowingly violates

19 subparagraph (A).’’.

20 (b) PENALTIES.—Section 924(a)(1)(B) of title 18,

21 United States Code, is amended by striking ‘‘(f),’’ and in22 serting ‘‘(f)(1), (f)(2),’’.
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1 TITLE II—CRIMINAL GUN

2 DEALER DETECTION

3 SEC. 201. RECORDKEEPING INSPECTIONS.

4 Section 923(g)(1)(B)(ii)(I) of title 18, United States

5 Code, is amended by striking ‘‘once’’ and inserting ‘‘4

6 times’’.

7 SEC. 202. DISPOSAL OF PERSONAL FIREARMS COLLECTION

8 BY CERTAIN LICENSEES MADE SUBJECT TO

9 REGULATIONS.

10 Section 923(c) of title 18, United States Code, is

11 amended by striking the second sentence and inserting the

12 following: ‘‘A personal collection of firearms of a licensed

13 manufacturer, licensed importer, or licensed dealer shall

14 be considered to be part of the business inventory of the

15 licensee for purposes of this chapter, except that the provi16 sions of this chapter applicable to the disposition of a fire17 arm from the business inventory of a licensee shall not

18 apply to the infrequent transfer of a firearm by gift, be19 quest, intestate succession, or other means from the per20 sonal collection of firearms of a licensee to a parent, child,

21 grandparent, or grandchild of the licensee.’’.
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1 SEC. 203. SUSPENSION OR REVOCATION OF FIREARMS

2 DEALER LICENSE AND CIVIL PENALTIES.

3 (a) IN GENERAL.—Section 923 of title 18, United

4 States Code, is amended by striking subsection (e) and

5 inserting the following:

6 ‘‘(e) SUSPENSION OR REVOCATION OF DEALER LI7 CENSE; CIVIL PENALTIES.—

8 ‘‘(1) WILLFUL VIOLATIONS.—The Secretary

9 may, after notice and opportunity for hearing, sus10 pend or revoke any license issued under this section,

11 may subject the licensee to a civil penalty of not

12 more than $10,000 per violation, or both, if the

13 holder of such license has willfully violated any pro14 vision of this chapter or any rule or regulation pre15 scribed by the Secretary under this chapter.

16 ‘‘(2) TRANSFER OF ARMOR PIERCING AMMUNI17 TION.—The Secretary may, after notice and oppor18 tunity for hearing, with respect to a dealer who will19 fully transfers armor piercing ammunition—

20 ‘‘(A) suspend or revoke the license of that

21 dealer;

22 ‘‘(B) assess a civil penalty of not more

23 than $10,000 on that dealer; or

24 ‘‘(C) both.

25 ‘‘(3) COMPROMISE, MITIGATION, OR REMIT26 TANCE OF LIABILITY.—The Secretary may at any
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1 time compromise, mitigate, or remit the liability with

2 respect to any willful violation of this chapter or any

3 rule or regulation prescribed by the Secretary under

4 this chapter.

5 ‘‘(4) REVIEW.—An action of Secretary under

6 this subsection may be reviewed only as provided in

7 subsection (f).’’.

8 (b) NOTICE OF LICENSE REVOCATION OR DENIAL.—

9 Section 923 of title 18, United States Code, is amended

10 by striking subsection (f) and inserting the following:

11 ‘‘(f) RIGHTS OF APPLICANTS AND LICENSEES.—

12 ‘‘(1) NOTICE REQUIREMENTS.—If the Secretary

13 denies an application for, or revokes or suspends a

14 license, or assesses a civil penalty under this section,

15 the Secretary shall provide written notice of such de16 nial, revocation, suspension, or assessment to the af17 fected party. Any notice of a revocation or suspen18 sion of a license under this paragraph shall be given

19 to the holder of such license before the effective date

20 of the revocation or suspension, as applicable.

21 ‘‘(2) APPEALS PROCESS.—

22 ‘‘(A) HEARING.—If the Secretary denies

23 an application for, or revokes or suspends a li24 cense, or assesses a civil penalty under this sec25 tion, the Secretary, shall—
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1 ‘‘(i) upon request of the aggrieved

2 party, promptly hold a hearing at a loca3 tion convenient to the aggrieved party to

4 review the denial, revocation, suspension,

5 or assessment; and

6 ‘‘(ii) in the case of a suspension or

7 revocation of a license, upon the request of

8 the holder of the license, stay the effective

9 date of the suspension or revocation.

10 ‘‘(B) NOTICE OF DECISION.—If, after a

11 hearing held under subparagraph (A), the Sec12 retary decides not to reverse the decision of the

13 Secretary to deny the application, revoke or

14 suspend the license, or assess the civil penalty,

15 as applicable, the Secretary shall provide notice

16 of the decision of the Secretary to the aggrieved

17 party.

18 ‘‘(C) PETITION FOR DE NOVO REVIEW.—

19 ‘‘(i) IN GENERAL.—During the 60-day

20 period beginning on the date on which an

21 aggrieved party receives a notice under

22 subparagraph (B), the aggrieved party

23 may file a petition with the district court

24 of the United States for the judicial dis25 trict in which the aggrieved party resides
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1 or has a principal place of business for a

2 de novo judicial review of such denial, rev3 ocation, suspension, or assessment.

4 ‘‘(ii) JUDICIAL PROCEEDING.—In any

5 judicial proceeding pursuant to a petition

6 under clause (i)—

7 ‘‘(I) the court may consider any

8 evidence submitted by the parties to

9 the proceeding, regardless of whether

10 or not such evidence was considered

11 at the hearing held under subpara12 graph (A); and

13 ‘‘(II) if the court decides that the

14 Secretary was not authorized to make

15 such denial, revocation, suspension, or

16 assessment, the court shall order the

17 Secretary to take such actions as may

18 be necessary to comply with the judg19 ment of the court.’’.

20 TITLE III—VIOLENT FELON GUN

21 BAN ENFORCEMENT

22 SEC. 301. ADMINISTRATIVE RELIEF FROM CERTAIN FIRE23 ARMS AND EXPLOSIVES PROHIBITIONS.

24 (a) IN GENERAL.—
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1 (1) FIREARMS.—Section 925(c) of title 18,

2 United States Code, is amended—

3 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’;

4 (B) in the first sentence, by inserting

5 ‘‘(other than a natural person)’’ before ‘‘who is

6 prohibited’’;

7 (C) in the fourth sentence—

8 (i) by inserting ‘‘person (other than a

9 natural person) who is a’’ before ‘‘licensed

10 importer’’; and

11 (ii) by striking ‘‘his license’’ and in12 serting ‘‘the license of that person’’; and

13 (D) by striking the last sentence and in14 serting the following:

15 ‘‘(2) Whenever the Secretary grants relief under this

16 section to any person, the Secretary shall promptly publish

17 notice of such action in the Federal Register, which shall

18 include—

19 ‘‘(A) the name of the person;

20 ‘‘(B) the disability with respect to which the re21 lief is granted;

22 ‘‘(C) if the disability was imposed by reason of

23 a criminal conviction of the person, the crime for

24 which and the court in which the person was con25 victed; and
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1 ‘‘(D) the reasons for the decision of the Sec2 retary.’’.

3 (2) EXPLOSIVE MATERIALS.—Section 845(b) of

4 title 18, United States Code, is amended—

5 (A) in the first sentence, by inserting

6 ‘‘(other than a natural person)’’ before ‘‘may

7 make application to the Secretary’’; and

8 (B) in the second sentence, by inserting

9 ‘‘(other than a natural person)’’ before ‘‘who

10 makes application for relief’’.

11 (b) APPLICABILITY.—The amendments made by sub12 section (a) shall apply to any application for administra13 tive relief and any action for judicial review that—

14 (1) is pending on the date of enactment of this

15 Act; and

16 (2) is brought or filed on or after that date.

17 SEC. 302. PERMANENT FIREARM PROHIBITION FOR CON18 VICTED VIOLENT FELONS AND SERIOUS

19 DRUG OFFENDERS.

20 Section 921(a)(20) of title 18, United States Code,

21 is amended—

22 (1) in the first sentence—

23 (A) by redesignating subparagraphs (A)

24 and (B) as clauses (i) and (ii), respectively; and

25 (B) by inserting ‘‘(A)’’ after ‘‘(20)’’;
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1 (2) in the second sentence, by striking ‘‘What’’

2 and inserting the following:

3 ‘‘(B) What’’; and

4 (3) by striking the third sentence and inserting

5 the following:

6 ‘‘(C) A State conviction shall not be considered to be

7 a conviction for purposes of this chapter, if—

8 ‘‘(i) the conviction is for an offense other than

9 a serious drug offense (as defined in section

10 924(e)(2)(A)) or violent felony (as defined in section

11 924(e)(2)(B));

12 ‘‘(ii) the person is pardoned or has restored any

13 civil right taken away by virtue of the conviction, or

14 the conviction is expunged; and

15 ‘‘(iii) the authority that grants the pardon, the

16 restoration of civil rights, or the expungement—

17 ‘‘(I) expressly authorizes the person to

18 ship, transport, receive, and possess firearms;

19 and

20 ‘‘(II) expressly determines that the cir21 cumstances regarding the conviction and the

22 record and reputation of the person are such

23 that the person is not likely to act in a manner

24 that is dangerous to public safety, and that the
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1 granting of the relief is not contrary to the pub2 lic interest.’’.

3 TITLE IV—INTENSIVE GUN VIO4 LENCE REDUCTION STRAT5 EGY AND PROJECT EXILE IM6 PLEMENTATION

7 Subtitle A—Funding Provisions

8 SEC. 401. AUTHORIZATION OF FUNDING FOR FEDERAL DO9 MESTIC VIOLENCE OFFENDER RECORD10 KEEPING IMPROVEMENTS.

11 (a) IN GENERAL.—In addition to any other amounts

12 authorized to be appropriated that may be used for such

13 purpose, there is authorized to be appropriated

14 $70,000,000 for fiscal year 2001 for the improvement of

15 the national instant criminal background check system es16 tablished under section 103 of the Brady Handgun Vio17 lence Prevention Act (18 U.S.C. 922 note), including im18 provements with respect to the records described in sub19 section (b) of this section, and especially records of domes20 tic violence incidents, including felony and misdemeanor

21 convictions for crimes of domestic violence and restraining

22 orders with respect to incidents of domestic violence.

23 (b) RECORDS INCLUDED.—The records described in

24 this subsection are—
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1 (1) the records described in paragraphs (1),

2 (2), and (3) of section 509(b) of the Omnibus Crime

3 Control and Safe Streets Act of 1968 (42 U.S.C.

4 3759(b)); and

5 (2) the records required by the Attorney Gen6 eral under section 103 of the Brady Handgun Vio7 lence Prevention Act (18 U.S.C. 922 note) for the

8 purpose of implementing that Act.

9 SEC. 402. AUTHORIZATION OF FUNDING FOR STATE AND

10 LOCAL DOMESTIC VIOLENCE OFFENDER REC11 ORDKEEPING IMPROVEMENTS.

12 (a) GRANTS FOR STATE AND LOCAL DOMESTIC VIO13 LENCE OFFENDER RECORDKEEPING IMPROVEMENTS.—

14 Title III of the Violent Crime Control and Law Enforce15 ment Act of 1994 is amended by adding at the end the

16 following:

17 ‘‘Subtitle Y—Grants for State and

18 Local Domestic Violence Of19 fender Recordkeeping Improve20 ments

21 ‘‘SEC. 32501. GRANT AUTHORIZATION.

22 ‘‘The Attorney General may award grants to State

23 or local law enforcement agencies for the purpose of

24 improving—
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1 ‘‘(1) the organization of criminal records includ2 ing records relating to convictions for crimes of do3 mestic violence and restraining orders with respect

4 to domestic violence; and

5 ‘‘(2) the reporting of such records to the na6 tional instant criminal background check system es7 tablished under section 103 of the Brady Handgun

8 Violence Prevention Act.

9 ‘‘SEC. 32502. USE OF FUNDS.

10 ‘‘Grants awarded by the Attorney General under this

11 subtitle shall be used to fund programs for the purpose

12 specified in section 32501.

13 ‘‘SEC. 32503. APPLICATIONS.

14 ‘‘(a) ELIGIBILITY.—To be eligible to receive a grant

15 award under this subtitle for a fiscal year, a State or local

16 law enforcement agency shall submit to the Attorney Gen17 eral an application, in such form and containing such in18 formation as the Attorney General may reasonably re19 quire.

20 ‘‘(b) REQUIREMENTS.—Each application submitted

21 under this section shall include—

22 ‘‘(1) a request for funds for the purpose speci23 fied in section 32501;

24 ‘‘(2) a description of the improvements the ap25 plicant intends to make in its organization of crimi-
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1 nal records, including records relating to convictions

2 for crimes of domestic violence and to restraining or3 ders with respect to domestic violence, and its re4 porting of such records to the national instant crimi5 nal background check system; and

6 ‘‘(3) assurances that Federal funds received

7 under this subtitle shall be used to supplement, not

8 supplant, non-Federal funds that would otherwise be

9 available for activities funded under this section.

10 ‘‘SEC. 32504. MATCHING REQUIREMENT.

11 ‘‘The Federal share of a grant awarded under this

12 subtitle may not exceed 50 percent of the total costs of

13 the programs described in the applications submitted

14 under section 32503 for the fiscal year for which the pro15 grams receive assistance under this subtitle.

16 ‘‘SEC. 32505. AWARD OF GRANTS.

17 ‘‘(a) IN GENERAL.—In awarding grants under this

18 subtitle, the Attorney General shall consider the dem19 onstrated need for, and the evidence of the ability of the

20 applicant to make, the improvements described in section

21 32503(b)(2), as described in the application submitted

22 section 32503.

23 ‘‘(b) RESEARCH AND EVALUATION.—The Attorney

24 General shall use not more than 3 percent of the funds

25 available under this subtitle, and not less than 1 percent
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1 of such funds, for the purposes of research and evaluation

2 of the activities carried out under this subtitle.

3 ‘‘SEC. 32506. REPORTS.

4 ‘‘(a) REPORT TO ATTORNEY GENERAL.—Not later

5 than March 1 of each fiscal year, each law enforcement

6 agency that received funds from a grant awarded under

7 this subtitle for that fiscal year shall submit to the Attor8 ney General a report describing the progress achieved in

9 carrying out the program for which the grant was award10 ed.

11 ‘‘(b) REPORT TO CONGRESS.—Beginning not later

12 than October 1 of the first fiscal year following the initial

13 fiscal year during which grants are awarded under this

14 subtitle, and not later than October 1 of each fiscal year

15 thereafter, the Attorney General shall submit to Congress

16 a report, which shall contain a detailed statement regard17 ing grant awards, activities of grant recipients, a compila18 tion of statistical information submitted by applicants, and

19 an evaluation of programs established with amounts from

20 grants awarded under this subtitle during the preceding

21 fiscal year.

22 ‘‘SEC. 32507. DEFINITION OF STATE.

23 ‘‘In this subtitle, the term ‘State’ means a State, the

24 District of Columbia, the Commonwealth of Puerto Rico,

25 the Commonwealth of the Northern Mariana Islands,
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1 American Samoa, Guam, and the United States Virgin Is2 lands.

3 ‘‘SEC. 32508. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘There is authorized to be appropriated to carry out

5 this subtitle $20,000,000 for fiscal year 2001.’’.

6 (b) TECHNICAL AND CONFORMING AMENDMENT.—

7 The table of contents in section 2 of the Violent Crime

8 Control and Law Enforcement Act of 1994 is amended

9 by inserting after the item relating to subtitle X the fol10 lowing:

‘‘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.’’.

11 SEC. 403. AUTHORIZATION OF FUNDING FOR ADDITIONAL

12 BUREAU OF ALCOHOL, TOBACCO AND FIRE13 ARMS OFFICERS.

14 In addition to any other amounts authorized to be

15 appropriated that may be used for such purpose, there is

16 authorized to be appropriated for the hiring of 600 fire17 arms agents and inspectors for the Bureau of Alcohol, To18 bacco, and Firearms, $53,000,000 for fiscal year 2001.
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1 SEC. 404. AUTHORIZATION OF FUNDING FOR ADDITIONAL

2 STATE AND LOCAL GUN PROSECUTORS.

3 (a) GRANTS FOR STATE AND LOCAL GUN PROSECU4 TORS.—Title III of the Violent Crime Control and Law

5 Enforcement Act of 1994 is amended by adding at the

6 end the following:

7 ‘‘Subtitle Z—Grants for State and

8 Local Gun Prosecutors

9 ‘‘SEC. 32601. GRANT AUTHORIZATION.

10 ‘‘The Attorney General may award grants to State,

11 Indian tribal, or local prosecutors for the purpose of sup12 porting the creation or expansion of community-based jus13 tice programs for the prosecution of firearm-related

14 crimes.

15 ‘‘SEC. 32602. USE OF FUNDS.

16 ‘‘Grants awarded by the Attorney General under this

17 subtitle shall be used to fund programs for the hiring of

18 prosecutors and related personnel under which those pros19 ecutors and personnel shall utilize an interdisciplinary

20 team approach to prevent, reduce, and respond to firearm21 related crimes in partnership with communities.

22 ‘‘SEC. 32603. APPLICATIONS.

23 ‘‘(a) ELIGIBILITY.—To be eligible to receive a grant

24 award under this subtitle for a fiscal year, a State, Indian

25 tribal, or local prosecutor, in conjunction with the chief

26 executive officer of the jurisdiction in which the program
22

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1 will be placed, shall submit to the Attorney General an

2 application, in such form and containing such information

3 as the Attorney General may reasonably require.

4 ‘‘(b) REQUIREMENTS.—Each application submitted

5 under this section shall include—

6 ‘‘(1) a request for funds for the purposes de7 scribed in section 32602;

8 ‘‘(2) a description of the communities to be

9 served by the grant, including the nature of the fire10 arm-related crime in such communities; and

11 ‘‘(3) assurances that Federal funds received

12 under this subtitle shall be used to supplement, not

13 supplant, non-Federal funds that would otherwise be

14 available for activities funded under this section.

15 ‘‘SEC. 32604. MATCHING REQUIREMENT.

16 ‘‘The Federal share of a grant awarded under this

17 subtitle may not exceed 50 percent of the total cost of

18 the program described in the application submitted under

19 section 32603 for the fiscal year for which the program

20 receives assistance under this subtitle.

21 ‘‘SEC. 32605. AWARD OF GRANTS.

22 ‘‘(a) IN GENERAL.—Except as provided in subsection

23 (b), in awarding grants under this subtitle, the Attorney

24 General shall consider—
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1 ‘‘(1) the demonstrated need for, and the evi2 dence of the ability of the applicant to provide, the

3 services described in section 32603(b)(2), as de4 scribed in the application submitted under section

5 32603;

6 ‘‘(2) the extent to which, as reflected in the

7 1998 Uniform Crime Report of the Federal Bureau

8 of Investigation, there is a high rate of firearm-re9 lated crime in the jurisdiction of the applicant,

10 measured either in total or per capita;

11 ‘‘(3) the extent to which the jurisdiction of the

12 applicant has experienced an increase in the total or

13 per capita rate of firearm-related crime, as reported

14 in the 3 most recent annual Uniform Crime Reports

15 of the Federal Bureau of Investigation;

16 ‘‘(4) the extent to which State and local law en17 forcement agencies in the jurisdiction of the appli18 cant have pledged to cooperate with Federal officials

19 in responding to the illegal acquisition distribution,

20 possession, and use of firearms within the jurisdic21 tion; and

22 ‘‘(5) The extent to which the jurisdiction of the

23 applicant participates in comprehensive firearm law

24 enforcement strategies, including programs such as

25 the Youth Crime Gun Interdiction Initiative, Project
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1 Achilles, Project Disarm, Project Triggerlock,

2 Project Exile, Project Surefire, and Operation

3 Ceasefire.

4 ‘‘(b) INDIAN TRIBES.—

5 ‘‘(1) FEDERAL GRANTS.—Not less than 5 per6 cent of the amount made available for grants under

7 this subtitle for each fiscal year shall be awarded as

8 grants to Indian tribes.

9 ‘‘(2) GRANT CRITERIA.—In awarding grants to

10 Indian tribes in accordance with this subsection, the

11 Attorney General shall consider, to the extent prac12 ticable, the factors for consideration set forth in sub13 section (a).

14 ‘‘(c) RESEARCH AND EVALUATION.—Of the amount

15 made available for grants under this subtitle for each fis16 cal year, the Attorney General shall use not less than 1

17 percent and not more than 3 percent for research and

18 evaluation of the activities carried out with grants award19 ed under this subtitle.

20 ‘‘SEC. 32606. REPORTS.

21 ‘‘(a) REPORT TO ATTORNEY GENERAL.—Not later

22 than March 1 of each fiscal year, each law enforcement

23 agency that receive funds from a grant awarded under this

24 subtitle for that fiscal year shall submit to the Attorney

25 General a report describing the progress achieved in car-
25

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1 rying out the grant program for which those funds were

2 received.

3 ‘‘(b) REPORT TO CONGRESS.—Beginning not later

4 than October 1 of the first fiscal year following the initial

5 fiscal year during which grants are awarded under this

6 subtitle, and not later than October 1 of each fiscal year

7 thereafter, the Attorney General shall submit to Congress

8 a report, which shall contain a detailed statement regard9 ing grant awards, activities of grant recipients, a compila10 tion of statistical information submitted by applicants, and

11 an evaluation of programs established with amounts from

12 grants awarded under this subtitle during the preceding

13 fiscal year.

14 ‘‘SEC. 32607. DEFINITIONS.

15 ‘‘In this subtitle—

16 ‘‘(1) the term ‘firearm’ has the meaning given

17 the term in section 921(a) of title 18, United States

18 Code;

19 ‘‘(2) the term ‘Indian tribe’ means a tribe,

20 band, pueblo, nation, or other organized group or

21 community of Indians, including an Alaska Native

22 village (as defined in or established under the Alaska

23 Native Claims Settlement Act (43 U.S.C. 1601 et

24 seq.)), that is recognized as eligible for the special
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•S 2338 IS

1 programs and services provided by the United States

2 to Indians because of their status as Indians; and

3 ‘‘(3) the term ‘State’ means a State, the Dis4 trict of Columbia, the Commonwealth of Puerto

5 Rico, the Commonwealth of the Northern Mariana

6 Islands, American Samoa, Guam, and the United

7 States Virgin Islands.

8 ‘‘SEC. 32608. AUTHORIZATION OF APPROPRIATIONS.

9 ‘‘There is authorized to be appropriated to carry out

10 this subtitle $150,000,000 for fiscal year 2001.’’.

11 (b) TECHNICAL AND CONFORMING AMENDMENT.—

12 The table of contents in section 2 of the Violent Crime

13 Control and Law Enforcement Act of 1994 is amended

14 by inserting after the item relating to subtitle Y (as added

15 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.’’.

16 SEC. 405. AUTHORIZATION OF FUNDING FOR ADDITIONAL

17 FEDERAL FIREARMS PROSECUTORS AND

18 GUN ENFORCEMENT TEAMS.

19 (a) ADDITIONAL FEDERAL FIREARMS PROSECU20 TORS.—The Attorney General shall hire 114 additional
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•S 2338 IS

1 Federal prosecutors to prosecute violations of Federal fire2 arms laws.

3 (b) GUN ENFORCEMENT TEAMS.—

4 (1) ESTABLISHMENT.—The Attorney General

5 shall establish in each of the jurisdictions specified

6 in paragraph (3) a gun enforcement team.

7 (2) GUN ENFORCEMENT TEAM REQUIRE8 MENTS.—Each gun enforcement team established

9 under this subsection shall be composed of—

10 (A) 1 coordinator, who shall be respon11 sible, with respect to the jurisdiction concerned,

12 for coordinating among Federal, State, and

13 local law enforcement—

14 (i) the appropriate forum for the pros15 ecution of crimes relating to firearms; and

16 (ii) efforts for the prevention of such

17 crimes; and

18 (B) 1 analyst, who shall be responsible,

19 with respect to the jurisdiction concerned, for

20 analyzing data relating to such crimes and rec21 ommending law enforcement strategies to re22 duce such crimes.

23 (3) COVERED JURISDICTIONS.—The jurisdic24 tions specified in this subsection are not more than

25 20 jurisdictions designated by the Attorney General
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•S 2338 IS

1 for purposes of this subsection as areas having high

2 rates of crimes relating to firearms.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi4 tion to any other amounts authorized to be appropriated

5 that may be used for such purpose, there is authorized

6 to be appropriated to carry out this section $15,000,000

7 for fiscal year 2001.

8 SEC. 406. YOUTH CRIME GUN INTERDICTION INITIATIVE.

9 (a) IN GENERAL.—The Secretary of the Treasury

10 shall expand—

11 (1) to 50, the number of city and county law

12 enforcement agencies that through the Youth Crime

13 Gun Interdiction Initiative submit identifying infor14 mation relating to all firearms recovered during law

15 enforcement investigations, including from individ16 uals under age 25, to the Secretary of the Treasury

17 to identify the types and origins of such firearms;

18 and

19 (2) the resources devoted to law enforcement

20 investigations of illegal youth possessors and users

21 of illegal firearms traffickers identified through the

22 Youth Crime Gun Interdiction Initiative, including

23 through the hiring of additional agents, inspectors,

24 intelligence analysts and support personnel.
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•S 2338 IS

1 (b) SELECTION OF PARTICIPANTS.—The Secretary of

2 the Treasury, in consultation with Federal, State, and

3 local law enforcement officials, shall select cities and coun4 ties for participation in the program established under this

5 section.

6 (c) ESTABLISHMENT OF SYSTEM.—

7 (1) IN GENERAL.—The Secretary of the Treas8 ury shall establish a system through which State and

9 local law enforcement agencies, through online com10 puter technology, can promptly provide firearms-re11 lated information to the Secretary of the Treasury

12 and access information derived through the Youth

13 Crime Gun Interdiction Initiative as soon as such

14 capability is available.

15 (2) REPORT.—Not later than 6 months after

16 the date of enactment of this Act, the Secretary of

17 the Treasury shall submit to the Chairman and

18 Ranking Member of the Committee on Appropria19 tions of the House of Representatives, and the

20 Chairman and Ranking Member of the Committee

21 on Appropriations of the Senate, a report explaining

22 the capacity to provide such online access and the

23 future technical and, if necessary, legal changes re24 quired to make such capability available, including

25 cost estimates.
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•S 2338 IS

1 (d) REPORT.—Not later than 1 year after the date

2 of enactment of this section, and annually thereafter, the

3 Secretary of the Treasury shall submit to the Chairman

4 and Ranking Member of the Committee on Appropriations

5 of the House of Representatives, and the Chairman and

6 Ranking Member of the Committee on Appropriations of

7 the Senate, a report regarding—

8 (1) the types and sources of firearms recovered

9 from individuals, including those under the age of

10 25;

11 (2) regional, State and national firearms traf12 ficking trends; and

13 (3) the number of investigations and arrests re14 sulting from the Youth Crime Gun Interdiction Ini15 tiative.

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section

18 $19,078,000 for fiscal year 2001.

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

20 (a) GRANTS FOR LOCAL ANTI-GUN VIOLENCE MEDIA

21 CAMPAIGNS.—Title III of the Violent Crime Control and

22 Law Enforcement Act of 1994 is amended by adding at

23 the end the following:
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•S 2338 IS

1 ‘‘Subtitle AA—Grants for Local

2 Anti-Gun Violence Media Cam3 paigns

4 ‘‘SEC. 32701. GRANT AUTHORIZATION.

5 ‘‘The Attorney General may award grants to public

6 entities or private nonprofit entities for the purpose of

7 supporting the creation or expansion of local anti-gun vio8 lence media campaigns.

9 ‘‘SEC. 32702. USE OF FUNDS.

10 ‘‘Grants awarded by the Attorney General under this

11 subtitle shall be used to fund programs for media cam12 paigns on gun violence and gun safety, including cam13 paigns that—

14 ‘‘(1) highlight coordination among Federal,

15 State, and local law enforcement agencies;

16 ‘‘(2) publicize penalties for violations of fire17 arms laws; and

18 ‘‘(3) emphasize the safe storage of firearms and

19 the prevention of access to firearms by children.

20 ‘‘SEC. 32703. APPLICATIONS.

21 ‘‘To be eligible to receive a grant award under this

22 subtitle for a fiscal year, a public entity or private non23 profit entity shall submit to the Attorney General an appli24 cation, in such form and containing such information as

25 the Attorney General may reasonably require.
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•S 2338 IS

1 ‘‘SEC. 32704. MATCHING REQUIREMENT.

2 ‘‘The Federal share of a grant awarded under this

3 subtitle may not exceed 50 percent of the total cost of

4 the program described in the application submitted under

5 section 32703 for the fiscal year for which the program

6 receives assistance under this subtitle.

7 ‘‘SEC. 32705. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘There is authorized to be appropriated to carry out

9 this subtitle $10,000,000 for fiscal year 2001.’’.

10 (b) TECHNICAL AND CONFORMING AMENDMENT.—

11 The table of contents in section 2 of the Violent Crime

12 Control and Law Enforcement Act of 1994 is amended

13 by inserting after the item relating to subtitle Z (as added

14 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.’’.

15 SEC. 408. SMART GUN TECHNOLOGY.

16 (a) IN GENERAL.—The Attorney General, acting

17 through the Director of the National Institute of Justice,

18 shall carry out a program for the research and develop19 ment of smart gun technology.

20 (b) DEFINITION OF SMART GUN TECHNOLOGY.—In

21 this section, the term ‘‘smart gun technology’’ means a

22 device—
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•S 2338 IS

1 (1) incorporated by manufacture and design

2 into a handgun in such a manner that the device

3 cannot be readily removed or deactivated;

4 (2) that allows the handgun to be fired only by

5 a particular individual; and

6 (3) that may allow the handgun to be personal7 ized to an additional individual.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi9 tion to any other amounts authorized to be appropriated

10 that may be used for such purpose, there is authorized

11 to be appropriated to carry out this section $10,000,000

12 for fiscal year 2001.

13 Subtitle B—Ballistics Testing

14 SEC. 411. DEFINITION OF FORENSIC BALLISTICS.

15 Section 921(a) of title 18, United States Code, is

16 amended by adding at the end the following:

17 ‘‘(35) The term ‘forensic ballistics’ means a compara18 tive analysis of fired bullets and cartridge casings to iden19 tify the firearm from which the bullets or cartridge casings

20 were discharged through the identification of the unique

21 characteristics that each firearm imprints on bullets and

22 cartridge casings.’’.
34

•S 2338 IS

1 SEC. 412. TEST FIRING AND AUTOMATED STORAGE OF FO2 RENSIC BALLISTICS RECORDS.

3 (a) AMENDMENTS TO TITLE 18, UNITED STATES

4 CODE.—

5 (1) IN GENERAL.—Chapter 44 of title 18,

6 United States Code, is amended by adding at the

7 end the following:

8 ‘‘§ 931. Test firing and automated storage of forensic

9 ballistics records

10 ‘‘(a) IN GENERAL.—A licensed manufacturer or li11 censed importer shall not transfer a firearm to any person

12 before—

13 ‘‘(1) test firing the firearm;

14 ‘‘(2) preparing forensic ballistics records of the

15 fired bullet and cartridge casings from the test fire;

16 and

17 ‘‘(3) making the ballistics records available to

18 the Secretary for entry in a computerized database.

19 ‘‘(b) PENALTIES.—

20 ‘‘(1) IN GENERAL.—With respect to each viola21 tion of subsection (a) by a licensed manufacturer or

22 licensed importer, the Secretary may, after notice

23 and opportunity for hearing, suspend the license for

24 not more than 1 year or revoke the license, impose

25 on the licensee a civil fine of not more than $10,000,

26 or both.
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•S 2338 IS

1 ‘‘(2) REVIEW.—An action of the Secretary

2 under subsection (b)(1) may be reviewed only as

3 provided in section 923(f).

4 ‘‘(3) OTHER ADMINISTRATIVE REMEDIES.—The

5 suspension or revocation of a license or the imposi6 tion of a civil fine under paragraph (1) shall not pre7 clude any administrative remedy that is available to

8 the Secretary under any other provision of law.

9 ‘‘(c) COMPLIANCE ASSISTANCE.—

10 ‘‘(1) IN GENERAL.—The Attorney General and

11 the Secretary shall assist licensed manufacturers

12 and licensed importers in complying with subsection

13 (a) through—

14 ‘‘(A) the acquisition, disposition, and up15 grade of computerized forensic ballistics equip16 ment and bullet recovery equipment to be

17 placed at the sites of licensed manufacturers

18 and licensed importers or at regional firearm

19 centers established by the Secretary;

20 ‘‘(B) the hiring or designation of personnel

21 necessary to develop and maintain a database

22 of forensic ballistics records, research, and eval23 uation; and

24 ‘‘(C) any other steps necessary to imple25 ment effective forensic ballistics testing.
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•S 2338 IS

1 ‘‘(2) ONLINE ACCESS TO FORENSIC BALLISTICS

2 RECORDS.—The Attorney General and the Secretary

3 shall establish a system through which State and

4 local law enforcement agencies, through online com5 puter technology, can promptly access forensic ballis6 tics records stored under this section, as soon as the

7 capability to do so is available.

8 ‘‘(d) ANNUAL REPORTS.—Not later than 1 year after

9 the effective date of this section and annually thereafter,

10 the Attorney General and the Secretary shall submit to

11 the Committees on the Judiciary of the House of Rep12 resentatives and the Senate a report regarding the effects

13 of this section, including the number of Federal and State

14 criminal investigations, arrests, indictments, and prosecu15 tions of all cases in which access to forensic ballistics

16 records provided under this section served as a valuable

17 investigative tool.

18 ‘‘(e) EDUCATION AND OUTREACH.—

19 ‘‘(1) IN GENERAL.—The Attorney General and

20 the Secretary shall work cooperatively with rep21 resentatives of the firearm industry (including fire22 arm manufacturers and importers) to—

23 ‘‘(A) provide education about the role of

24 forensic ballistics as part of a comprehensive

25 firearm crime reduction strategy; and
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•S 2338 IS

1 ‘‘(B) provide for coordination among Fed2 eral, State, and local law enforcement and regu3 latory agencies and the firearm industry to curb

4 firearm-related crime and illegal firearm traf5 ficking.

6 ‘‘(2) OUTREACH.—In implementing paragraph

7 (1), the Attorney General and the Secretary shall

8 concentrate on outreach with—

9 ‘‘(A) firearm manufacturers and importers

10 that have agreed to participate as a pilot site

11 for the National Integrated Ballistics Informa12 tion Network;

13 ‘‘(B) firearm manufacturers and importers

14 that manufacture or import more than 1,000

15 firearms per year, as reported in the Bureau of

16 Alcohol, Tobacco, and Firearms Annual Fire17 arms Manufacturing and Export Report, or as

18 determined from information obtained in an19 nual regulatory inspection audits conducted by

20 the Secretary; and

21 ‘‘(C) firearm manufacturers and importers

22 that have a policy that requires the test firing

23 of all firearms prior to transfer.

24 ‘‘(3) ANNUAL REPORTS.—Not later than 1 year

25 after the effective date of this section and annually
38

•S 2338 IS

1 thereafter, the Secretary and the Attorney General

2 shall submit to the Committees on the Judiciary of

3 the House of Representatives and the Senate a re4 port containing—

5 ‘‘(A) a statement of the number of firearm

6 manufacturers and importers and other rep7 resentatives of the firearm industry partici8 pating in the outreach effort under this sub9 section;

10 ‘‘(B) the number and type of personnel of

11 the Bureau of Alcohol, Tobacco, and Firearms

12 and the Department of Justice hired or as13 signed to carry out this subsection;

14 ‘‘(C) a summary of the activities estab15 lished by firearm manufacturers and importers

16 as a result of their participation in the outreach

17 effort under this subsection;

18 ‘‘(D) an evaluation of any changes in fire19 arm-related crime pertaining to particular types

20 of firearms manufactured by a firearm manu21 facturer or importer that is an active partici22 pant in the outreach effort under this sub23 section;

24 ‘‘(E) the volume of forensic ballistics

25 records compiled as a result of the mandatory
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1 forensic ballistics testing by participating fire2 arm manufacturers and importers;

3 ‘‘(F) for each firearm manufacturer and

4 firearm importer, the number of times a tracing

5 request based on forensic ballistics analysis re6 sulted in the identification of a firearm manu7 factured or imported by the firearm manufac8 turer or firearm importer; and

9 ‘‘(G) an evaluation of the manner in which

10 the implementation of forensic ballistics testing

11 affected the volume of production or importa12 tion of firearms by participating firearm manu13 facturers and firearm importers.

14 ‘‘(f) MANDATORY FORENSIC BALLISTICS TESTING

15 OF FIREARMS IN FEDERAL CUSTODY.—The Secretary

16 and the Attorney General shall conduct mandatory foren17 sic ballistics testing of all firearms that are or have been

18 taken into the custody of, or procured or utilized by, their

19 respective agencies.

20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

21 is authorized to be appropriated—

22 ‘‘(1) to carry out subsection (e), $38,306,000

23 for each of fiscal years 2001 through 2004, includ24 ing funding for—
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1 ‘‘(A) installation of forensic ballistics

2 equipment and bullet recovery equipment;

3 ‘‘(B) establishment of regional centers for

4 firearm testing;

5 ‘‘(C) salaries and expenses of necessary

6 personnel; and

7 ‘‘(D) research and evaluation; and

8 ‘‘(2) to carry out subsection (f), $38,000,000

9 for each of fiscal years 2001 through 2004.’’.

10 (2) TECHNICAL AND CONFORMING AMEND11 MENT.—The analysis for chapter 44 of title 18,

12 United States Code, is amended by adding at the

13 end the following:

‘‘931. Test firing and automated storage of forensic ballistics records.’’.

14 (3) EFFECTIVE DATE.—The amendments made

15 by this subsection shall take effect on the date on

16 which the Attorney General and the Secretary of the

17 Treasury certify that the Department of Justice and

18 the Department of the Treasury have established a

19 National Integrated Ballistics Network.

20 (b) REPORT.—Not later than 1 year after the date

21 of enactment of this Act, the Attorney General and the

22 Secretary of the Treasury shall submit to the Committees

23 on Appropriations of the House of Representatives and the

24 Senate a report, which shall include an analysis of—
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1 (1) the capacity to provide the online access re2 quired under section 931(c)(2) of title 18, United

3 States Code (as added by this section), and the proc4 ess by which the online access will be implemented;

5 and

6 (2) any future technical or legal changes that

7 may be required to make such a capability available,

8 including estimates of the costs of making those

9 changes.

Æ