ATF DATA Act
Bill: H.R.8271 | Sponsor: Rep. Schiff, Adam B. (D-CA)
Policy area: Crime and Law Enforcement

Summary:
ATF Data and Anti-Trafficking Accountability Act or the ATF DATA Act
This bill directs the Bureau of Alcohol, Tobacco, Firearms and Explosives to report to Congress and make publicly available certain data sets regarding firearms tracing data.

To require the publication of data sets regarding firearm trace data.

    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 ``ATF Data and Anti-Trafficking 
Accountability Act'' or the ``ATF DATA Act''.

SEC. 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.
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