[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8990 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8990
To require the publication of data sets regarding firearm trace data.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2024
Mr. Schiff (for himself, Ms. Norton, Ms. Bonamici, Mr. Frost, Mr.
Grijalva, and Mr. Goldman of New York) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the publication of data sets regarding firearm trace data.
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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