119-s2188

[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.
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