Bill Summary
The "Prosecuting Gun Crimes Saves Lives Act" prioritizes the investigation and prosecution of federal firearms offenses in order to promote public safety and prevent gun-based homicides. It establishes a program to combat gun violence by designating prosecutors and coordinating with state and local law enforcement. The legislation also requires an annual report on cases of potential violations of federal firearms laws and establishes a task force to investigate and prosecute cases of convicted felons attempting to illegally purchase firearms.
Possible Impacts
1. The "Prosecuting Gun Crimes Saves Lives Act" will prioritize the investigation and prosecution of Federal firearms offenses, potentially leading to more convictions and thus reducing gun-based homicides.
2. The "Prosecution of Gun Violence" program will establish task forces to specifically target convicted felons attempting to purchase firearms illegally, potentially reducing the number of illegal guns on the streets.
3. The requirement for the Attorney General to submit an annual report to Congress will increase transparency and accountability in regards to the prosecution of gun crimes and the effectiveness of the background check system.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5836 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5836
To direct the Attorney General to prioritize the investigation and
prosecution of Federal firearms offenses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 10, 2020
Mrs. Wagner introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To direct the Attorney General to prioritize the investigation and
prosecution of Federal firearms offenses, and for other purposes.
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 ``Prosecuting Gun Crimes Saves Lives
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Promoting public safety, addressing gun-based
homicides, and enforcing Federal firearms laws are among the
highest priorities of the Congress.
(2) Point-of-sale background checks can reduce the risk of
gun-based homicides by preventing criminals and prohibited
persons from purchasing firearms while protecting access for
law-abiding citizens.
(3) Under the Gun Control Act of 1968, categories of
persons who may pose a threat to public safety, including
violent felons, fugitives from justice, and persons convicted
of domestic violence crimes, are prohibited from shipping,
transporting, receiving, or possessing firearms or ammunition.
(4) Thousands of prohibited persons illegally attempt to
purchase firearms every year. In 2017, the FBI's NICS Section
referred 112,090 denied transactions to the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF). Of these NICS denials,
only 12, or 0.09 percent, were prosecuted in 2017.
(5) On March 12, 2018, former Attorney General Jeff
Sessions issued a memo directing Department of Justice
prosecutors to prioritize ``vigorous and appropriate''
prosecution of cases involving false statements on Alcohol,
Tobacco, Firearms and Explosives Form 4473. The memo stated
that ``Criminals and other prohibited persons who attempt to
thwart the background check process by lying on the required
forms threaten to undermine this important crime prevention
tool'' and that ``we must vigilantly protect the integrity of
the background system through appropriate prosecution of those
who attempt to circumvent the law''. The Department of
Justice's efforts to reclaim the integrity of the background
check system yielded a 23-percent increase in the number of
defendants charged with unlawful possession of a firearm in the
3 months following issuance of the memo.
(6) On November 13, 2019, Attorney General William Barr
announced the launch of a new initiative, Project Guardian, to
reduce gun-based homicides by investigating, prosecuting, and
preventing firearm crimes. Project Guardian will address gun-
based homicides by encouraging coordinated prosecution efforts,
enforcement of the background check system, improved
information-sharing, response to mental health denials, and
crime gun intelligence coordination.
(7) Congress must ensure Federal, State, and local entities
tasked with preventing prohibited individuals from purchasing
firearms, recovering firearms from prohibited individuals, and
investigating and prosecuting lying and buying and lying and
trying cases have sufficient information and resources to carry
out their missions and promote public safety.
(8) Congress urges the Attorney General to prioritize the
investigation and prosecution of Federal firearm offenses to
protect Americans and prevent and deter the illegal purchase
and possession of firearms.
SEC. 3. INFORMATION-SHARING WITH STATE FUSION CENTERS.
Not later than 60 days after the date of the enactment of this Act,
the Attorney General may direct the Bureau of Alcohol, Tobacco,
Firearms and Explosives to regularly provide to State and local law
enforcement agencies, including through State law enforcement fusion
centers (as defined in section 210A(j)(1) of the Homeland Security Act
of 2002) a report listing individuals for whom the National Instant
Criminal Background Check System has issued firearm transfer denials,
including the basis for the denial, with the purpose of equipping law
enforcement with the information they need to prevent persons from
illegally purchasing, receiving, or possessing firearms.
SEC. 4. POINT OF CONTACT AND PARTIAL POINT OF CONTACT STATE GRANTS TO
INCREASE INVESTIGATIONS AND PROSECUTIONS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Attorney General
may make grants to eligible States to investigate firearm transfer
denials and increase investigations and prosecutions of persons who
illegally purchase, possess, or receive a firearm, or illegally attempt
to purchase, possess, or receive a firearm.
(b) Eligibility.--An eligible State is any State that is a point of
contact State or partial point of contact State for the national
instant criminal background check system.
(c) Application.--To receive a grant under this section, a State
shall submit to the Attorney General an application at such time, in
such manner, and containing such information as the Attorney General
may reasonably require.
(d) Priority.--In awarding grants under this section, the Attorney
General may give priority to each eligible State that--
(1) establishes a task force that includes entities such as
State and local law enforcement agencies, State and local
prosecutors, agencies conducting background checks, and
representatives from the Bureau of Alcohol, Tobacco, Firearms
and Explosives; and
(2) certifies to the Attorney General that the State is
committed to investigating and prosecuting persons who
illegally purchase, possess, or receive firearms or illegally
attempt to purchase, possess, or receive firearms.
(e) Use of Funds.--A State that receives a grant under this section
shall use grant funds to coordinate and execute investigations and
prosecutions of persons who illegally purchase, possess, or receive a
firearm, or illegally attempt such purchase, possession, or receipt,
including the illegal purchase or possession of a firearm based on a
prior felony or any relevant misdemeanor convictions.
(f) Evaluation.--Each State that receives a grant under this
section shall submit to the Attorney General, not later than 1 year
after receipt of such grant, an evaluation in such form and containing
such information as the Attorney General may reasonably require.
(g) Authorization of Funding.--There is authorized to be
appropriated to carry out this section not more than $7,000,000 for
each of fiscal years 2021 through 2025.
SEC. 5. INCREASING FEDERAL PROSECUTION OF GUN VIOLENCE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Attorney General shall establish in each
jurisdiction described in subsection (c) a program that meets the
requirements of subsection (b), which shall be known as the ``Prosecute
Gun Crimes Program''.
(b) Program Elements.--Each program established under subsection
(a) shall, for the jurisdiction concerned--
(1) require that the United States attorney designate not
less than 1 assistant United States attorneys to prosecute
violations of Federal firearms laws;
(2) provide for coordination with State and local law
enforcement officials in the identification of violations of
Federal firearms laws;
(3) provide for the establishment of agreements with State
and local law enforcement officials for the referral to the
Bureau of Alcohol, Tobacco, Firearms and Explosives and the
United States attorney for the district in which the
jurisdiction is located for prosecution of persons arrested for
violations of section 922 or 924 of title 18, United States
Code, or section 5861 of the Internal Revenue Code of 1986,
relating to firearms;
(4) ensure that each person so referred be charged with a
violation of the most serious Federal firearm offense
consistent with the act committed, while preserving
prosecutorial discretion;
(5) provide for the hiring of agents for the Bureau of
Alcohol, Tobacco, Firearms and Explosives to investigate
violations of the provisions of law specified in paragraph (3);
and
(6) provide for the establishment of multijurisdictional
task forces, coordinated by the Executive Office of the United
States attorneys, to investigate and prosecute illegal straw
purchasing rings that purchase firearms in one jurisdiction and
transfer them in another.
(c) Covered Jurisdictions.--
(1) In general.--Subject to paragraph (2), the
jurisdictions described in this subsection are--
(A) the 15 cities or jurisdictions within the 50
States with a population equal to or greater than
100,000 persons that had the highest per capita rate of
gun-based homicides according to the uniform crime
report of the Federal Bureau of Investigation for the
most recent year available; and
(B) the 3 tribal jurisdictions that have the
highest gun-based homicide crime rates, as determined
by the Attorney General.
(d) Annual Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Attorney General
shall submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report
containing the following information:
(1) The number of individuals indicted for such violations
of Federal firearms laws during that year.
(2) The increase or decrease in the number of individuals
indicted for such violations of Federal firearms laws during
that year under a program established under this section when
compared with the year preceding that year.
(3) To the extent the information is available, the average
length of the sentences of imprisonment of the individuals
convicted of violations of Federal firearms laws under such a
program.
(4) The number of multijurisdictional task forces
established and the number of individuals arrested, indicted,
convicted or acquitted of charges for violations of the crimes
specified in subsection (b)(3).
(e) Limitations on Authorization of Appropriations.--
(1) In general.--For the salaries and expenses of assistant
United States attorneys and Bureau of Alcohol, Tobacco,
Firearms and Explosives agents participating in the program
established under this section, there are authorized to be
appropriated $15,000,000 for each of fiscal years 2021, 2022,
and 2023.
(2) Use of funds.--
(A) Assistant united states attorneys.--The
assistant United States attorneys hired using amounts
made available under paragraph (1) of this subsection
shall prosecute violations of Federal firearms laws
specified in subsection (b)(3).
(B) ATF agents.--The Bureau of Alcohol, Tobacco,
Firearms and Explosives agents hired using amounts made
available under paragraph (1) of this subsection shall,
to the maximum extent practicable, concentrate their
investigations on violations of Federal firearms laws
specified in subsection (b)(3).
SEC. 6. PROSECUTION OF FELONS WHO ATTEMPT TO ILLEGALLY PURCHASE
FIREARMS.
(a) Task Force.--
(1) Establishment.--There is established in the Department
of Justice a task force, which shall be known as the Felon
Firearm Task Force (referred to in this section as the ``Task
Force''), to strengthen the efforts of the Department of
Justice to investigate and prosecute cases of convicted felons
who illegally attempt to purchase a firearm.
(2) Membership.--The members of the Task Force shall be--
(A) the Deputy Attorney General, who shall serve as
the Chairperson of the Task Force;
(B) the Assistant Attorney General for the Criminal
Division;
(C) the Director of the Bureau of Alcohol, Tobacco,
Firearms and Explosives;
(D) the Director of the Federal Bureau of
Investigation; and
(E) such other officers or employees of the
Department of Justice as the Attorney General may
designate.
(3) Duties.--The Task Force shall provide--
(A) direction for the investigation and prosecution
of cases of convicted felons attempting to illegally
purchase a firearm; and
(B) recommendations to the Attorney General
relating to--
(i) the allocation and reallocation of
resources of the Department of Justice for
investigation and prosecution of such cases;
(ii) enhancing cooperation among entities
of the Federal Government in the investigation
and prosecution of such cases;
(iii) enhancing cooperation among Federal,
State, and local authorities responsible for
the investigation and prosecution of such
cases; and
(iv) changes in rules, regulations, or
policy to improve the effective investigation
and prosecution of such cases.
(4) Meetings.--The Task Force shall meet not less than once
each year.
(5) Termination.--The Task Force shall terminate on the
date that is 5 years after the date of the enactment of this
Act.
(b) Authorization for Use of Funds.--Section 524(c)(1) of title 28,
United States Code, is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (I) the following:
``(J) the investigation and prosecution of cases of
convicted felons who illegally attempt to purchase a
firearm, in accordance with section 6(a) of the
Prosecuting Gun Crimes Saves Lives Act, except that--
``(i) not more than $5,000,000 shall be
available to the Attorney General for each of
fiscal years 2021 through 2024 under this
subparagraph; and
``(ii) not more than 5 percent of the
amounts made available under this subparagraph
may be used for the administrative costs of the
task force established under such section.''.
SEC. 7. REPORT TO CONGRESS ON FIREARMS PROSECUTIONS.
(a) Report to Congress.--Beginning February 1, 2021, and on
February 1 of each year thereafter through 2029, the Attorney General
shall submit to the Committees on the Judiciary and on Appropriations
of the Senate and of the House of Representatives a report containing
the information furnished under subsection (b) during the fiscal year
that ended on September 30 of the preceding year.
(b) Subject of Annual Report.--Not later than 90 days after the
date of the enactment of this Act, the Attorney General shall require
each component of the Department of Justice, including each Office of
the United States Attorney, to furnish for the purposes of the report
required by subsection (a) information relating to any case presented
to the Department of Justice for review or prosecution, in which the
objective facts of the case provide probable cause to believe that
there has been a violation of section 922 or 924 of title 18, United
States Code, or section 5861 of the Internal Revenue Code of 1986.
(c) Elements of Annual Report.--With respect to each case described
in subsection (b), the report submitted under subsection (a) shall
include information indicating--
(1) whether in any such case, a decision has been made not
to charge an individual with a violation of the relevant
provision of law or any other provision of Federal criminal
law;
(2) in any case described in paragraph (1), a description
of why no charge was filed under the relevant provision of law;
(3) whether, in any case described in subsection (b), an
indictment, information, or other charge has been brought
against any person, or the matter is pending;
(4) whether, in the case of an indictment, information, or
other charge referred to in paragraph (3), the charging
document contains a count or counts alleging a violation of the
relevant provision of law;
(5) in any case described in paragraph (4) in which the
charging document contains a count or counts alleging a
violation of the relevant provision of law, whether a plea
agreement of any kind has been entered into with the charged
individual;
(6) whether any plea agreement described in paragraph (5)
required the individual to plead guilty or enter a plea of nolo
contendere, or otherwise caused a court to enter a conviction
against the individual for a violation of the relevant
provision of law;
(7) in any case described in paragraph (6) in which the
plea agreement did not require the individual to plead guilty
or enter a plea of nolo contendere, or otherwise cause a court
to enter a conviction against that individual for a violation
of the relevant provision of law, the charges to which the
individual pled guilty;
(8) in the case of an indictment, information, or other
charge described in paragraph (3), in which the charging
document contains a count alleging a violation of the relevant
provision of law, the result of any trial of the charges;
(9) in the case of an indictment, information, or other
charge described in paragraph (3), in which the charging
document did not contain a count or counts alleging a violation
of the relevant provision of law, the nature of the other
charges brought and the result of any trial of such other
charges brought;
(10) the number of persons who attempted to purchase a
firearm but were denied a firearm because of a background check
conducted in accordance with section 922(t) of title 18, United
States Code; and
(11) the number of prosecutions conducted in relation to
persons described in paragraph (10).
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