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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2188 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2188
To require the publication of data sets regarding firearm trace data.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 26 (legislative day, June 24), 2025
Mr. Schiff (for himself, Mr. Booker, and Mr. Blumenthal) introduced the
following bill; which was read twice and 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) Definitions.--In this section:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Alcohol, Tobacco, Firearms and Explosives.
(2) Firearm, importer, manufacturer, licensed manufacturer,
dealer, handgun, rifle, shotgun.--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.
(3) Multiple sale.--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) Covered period.--The term ``covered period'' means the
most recently completed calendar year.
(5) Privately made firearm.--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.
(6) Source licensee.--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.
(7) Source state.--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.
(8) Time-to-crime.--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.
(b) Report.--Not later than 180 days after the date of enactment of
this Act and not less frequently than annually thereafter, the Attorney
General, through the Bureau shall submit to Congress and make available
to the public through electronic means a report that contains, at a
minimum, the following information with respect to the covered period
for which data is available:
(1) Aggregated firearm trace data collected by the Bureau
during the covered 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 covered 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 covered 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 covered period,
disaggregated by the 50 Metropolitan Statistical Areas, as
defined by the Office of Management and Budget, with the
highest overall homicide rates, as determined by the Attorney
General, for the covered period and by the 50 such areas with
the highest per capita homicide rates, as so determined, for
the covered period, as listed in the Federal Bureau of
Investigation report, entitled ``Crime in the U.S.'', covering
the covered period or other national crime data used by the
Bureau for the covered 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 covered 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 numbers 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 covered 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 covered
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
covered 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 loss
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 covered 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 covered period; and
(B) the 10 law enforcement agencies in the United
States that requested the greatest number of traces per
State during the covered period.
(10) The aggregate number of traces during the covered
period of firearms with serial numbers engraved or cast on the
receiver or frame of the firearm in accordance with section
923(i) of title 18, United States Code, that were recovered in
a foreign country and submitted to the Bureau for tracing,
disaggregated by--
(A) the foreign country in which they were
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 of investigations that
involved those crimes and defendants that were
charged in 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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