Gun Industry Responsibility Act - Provides that in any civil action by a State or local government against a manufacturer of firearms to recover damages relating to the sale, distribution, use, or misuse of a firearm (including gun violence) within the State or local governmental area, the State or local government may recover Federal damages associated with the claim.
Bars the State or local government from recovering Federal damages with respect to which the Attorney General files an action against a firearms manufacturer.
Sets forth procedures regarding actions brought by a State or local government, including notice of civil action, entry of appearance, effect of failure to enter an appearance or proceed with the action, prevention of dual recovery of Federal damages (if there is a conflict between a State and one or more local governments within the State), and dismissal or compromise.
Establishes a formula for the distribution and use of Federal damages recovered by a State or local government.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1086 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 1086
To reform the manner in which firearms are manufactured and distributed
by providing an incentive to State and local governments to bring
claims for the rising costs of gun violence in their communities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 1999
Mr. Ford (for himself, Mrs. McCarthy of New York, Mr. Meehan, Mr.
Weiner, Ms. Jackson-Lee of Texas, Mrs. Maloney of New York, Mr. Wynn,
Mr. Menendez, Mrs. Meek of Florida, Mrs. Lowey, Mr. Nadler, Mr.
Conyers, Ms. Millender-McDonald, Mr. Jackson of Illinois, and Mr. Davis
of Illinois) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform the manner in which firearms are manufactured and distributed
by providing an incentive to State and local governments to bring
claims for the rising costs of gun violence in their communities.
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 ``Gun Industry Responsibility Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Across the Nation, local communities are bringing
rightful legal claims against the gun industry to seek changes
in the manner in which the industry conducts business in the
civilian market in those communities.
(2) Since firearms are the only widely available consumer
product designed to kill, firearm manufacturers, distributors,
and retailers have a special responsibility to take into
account the health and safety of the public in marketing
firearms.
(3) The gun industry has failed in this responsibility by
engaging in practices that have contributed directly to the
terrible burden of firearm-related violence on society.
(4) The gun industry has generally refused to include
numerous safety devices with their products, including devices
to prevent the unauthorized use of a firearm, indicators that a
firearm is loaded, and child safety locks, and the absence of
such safety devices has rendered these products unreasonably
dangerous.
(5) The gun industry has also engaged in distribution
practices in which the industry oversupplies certain legal
markets with firearms with the knowledge that the excess
firearms will be distributed into nearby illegal markets.
(6) According to the National Center for Injury Prevention
and Control--
(A) at least 80 percent of the economic costs of
treating firearms injuries are paid for by taxpayer
dollars; and
(B) in 1990, firearm injuries resulted in costs of
more than $24,000,000,000 in hospital and other medical
care for long-term disability and premature death.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal damages.--The term ``Federal damages'' means
the amount of damages sustained by the Federal Government as a
result of the sale, distribution, use or misuse of a firearm
(including gun violence) including damages relating to medical
expenses, the costs of continuing care and disabilities, law
enforcement expenses, and lost wages.
(2) Firearm.--The term ``firearm'' has the meaning given
the term in section 921 of title 18, United States Code.
(3) Gun violence.--The term ``gun violence'' means any
offense under Federal or State law that--
(A) constitutes a crime of violence (as defined in
section 16 of title 18, United States Code); and
(B) involves the use of a firearm.
(4) Manufacturer.--The term ``manufacturer'' has the
meaning given the term in section 921 of title 18, United
States Code;
(5) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
(6) Unit of local government.--The term ``unit of local
government'' means any city, town, township, county, parish,
village, or other general purpose political subdivision of a
State.
SEC. 4. RECOVERY OF FEDERAL DAMAGES BY STATES AND UNITS OF LOCAL
GOVERNMENT SEEKING FEDERAL DAMAGES.
(a) In General.--In any civil action by a State or unit of local
government against a manufacturer of firearms to recover damages
relating to the sale, distribution, use or misuse of a firearm
(including gun violence) in the State or unit of local government, the
State or unit of local government may, in addition to other damages,
recover any Federal damages associated with the claim as provided in
this section.
(b) Federal Actions.--If the Attorney General files an action
against a manufacturer of firearms to recover Federal damages, a State
or unit of local government may not recover those Federal damages under
this section in any action filed on or after the date on which the
Attorney General files that action.
(c) Actions Brought by a State or Unit of Local Government.--
(1) Notice of civil action.--A State or unit of local
government seeking to recover Federal damages under this
section shall serve a copy of the complaint on Attorney General
in accordance with rule 4 of the Federal Rules of Civil
Procedure.
(2) Entry of appearance.--If the Attorney General is served
under paragraph (1), the Attorney General may proceed with the
action by entering an appearance before the expiration of the
30-day period beginning on the date on which the Attorney
General is served under paragraph (1).
(3) Effect of failure to enter appearance or proceed with
the action.--If a State or unit of local government serves the
Attorney General under paragraph (1), the State of unit of
local government may recover Federal damages under this section
only if the Attorney General--
(A) fails to enter an appearance in the action in
accordance with paragraph (2) or gives written notice
to the court of an intent not to enter the action; or
(B) does not proceed with the action before the
expiration of the 6-month period (or such addition
period as the court may allow after notice) beginning
on the date on which the Attorney General enters an
appearance under paragraph (2).
(4) Limitation.--If the Attorney General enters an
appearance under paragraph (2) and proceeds with the action
before the expiration of the 6-month period described in
paragraph (3)(B), the State or unit of local government may not
recover Federal damages under this section.
(d) Prevention of Dual Recovery of Federal Damages.--If there is a
conflict between a State and 1 or more units of local government within
the State over which jurisdiction may recover Federal damages under
this section on behalf of a certain area in the State, only the first
jurisdiction to file an action described in subsection (a) may recover
those Federal damages.
(e) Federal Right to Damages in Other Actions.--The recovery of
Federal damages by a State or unit of local government under this
section may not be construed to waive any right of the Federal
Government to recover other Federal damages in an action by the
Attorney General.
(f) Dismissal or Compromise.--
(1) In general.--In an action for Federal damages brought
by a State or unit of local government under this section--
(A) the action may not be dismissed or compromised
without the approval of the court; and
(B) notice of the proposed dismissal or compromise
shall be given to the Attorney General in such manner
as the court directs.
(2) Court approval.--In approving the dismissal or
compromise of an action described in paragraph (1), the court
shall--
(A) state whether the dismissal or compromise is
with or without prejudice to the right of the Federal
Government to bring an action for the Federal damages
at issue; and
(B) determine the percentage of any amount
recovered by the State or unit of local government that
represents Federal damages.
(g) Distribution and Use of Federal Damages Recovered.--Of the
total amount of Federal damages recovered by a State or local
government under this section (including any amount recovered pursuant
to a dismissal or compromise under subsection (f))--
(1) \1/3\ shall be paid to the Federal Government, to be
used for crime prevention, mentoring programs, and firearm
injury prevention research and activities; and
(2) \2/3\ shall be retained by the State or unit of local
government, of which--
(A) \1/3\ shall be used for--
(i) law enforcement activities;
(ii) families of law enforcement officers
injured or killed in the line of duty as a
result of gun violence; and
(iii) a compensation fund for the victims
of gun violence; and
(B) \1/3\ shall be used for education (reduce class
size, school modernization, after school, summer
school, and tutoring), child care, or children's health
care; and
(C) \1/3\ may be used by the State or unit of local
government in the discretion of the State or unit of
local government.
(h) Effective Date.--
(1) In general.--Subject to paragraph (2), this section
only applies to an action described in subsection (a) that is
filed on or after the date of enactment of this Act.
(2) Amendment of complaint in pending actions.--This
section applies to an action described in subsection (a) that
is filed before the date of enactment of this Act, if--
(A) as of such date of enactment, there has been no
dismissal, compromise, or other final disposition of
the action; and
(B) after such date of enactment, the State or unit
of local government amends the complaint to include
relief for Federal damages pursuant to this section.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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