The substance of this proposal has been incorporated into H.R. 5845. This administration strongly believes that an enhanced, mandatory penalty is an essential deterrent to the criminal use of armor-piercing ammunition. The administration explored various ways to incorporate the previously mentioned voluntary agreements into a legislative proposal. The difficulty has been in fashioning a definition of armor-piercing ammunition that would achieve the balance, referred to earlier, between law enforcement and recreational goals. With the participation of the Justice Department and the Bureau of Alcohol, Tobacco and Firearms, the administration has, we believe, accomplished this task in H.R. 5845 through a definition of armor-piercing ammunition that is based on the composition of the projectile. This definition will, we believe, accomplish two essential goals. First, it will minimize Government testing necessary to determine whether ammunition would be subject to restriction under Federal law. And I might add, Mr. Chairman, that this testing is imperfect, an imperfect art. Second, the bill defines the term in a way that can be easily understood by industry and the public. Thus, we believe the definition will be more workable and enforceable than those previously considered by this subcommittee. Specifically, our proposal would amend chapter 44, title 18, United States Code, to prohibit the manufacture and importation of armor-piercing ammunition with certain narrow exceptions. Under the bill, the term "armor-piercing ammunition" refers to solid projectiles or projectile cores constructed from tungsten alloys, steel, iron, brass, bronze, beryllium cooper, or depleted uranium. The term does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, frangible projectiles designed for target shooting, or any projectile which the Secretary of the Treasury determines is primarily intended to be used for sporting purposes. The term "solid" is used in the definition refers to projectiles or cores made entirely from one or more of the substances specified, but may include the presence of trace elements of other substances. By means of this definition, the administration's proposal would prohibit importation and manufacture of all of the ammunition that is currently specifically designed to be armor-piercing. Included in this category are KTW and certain other armor-piercing ammunition. At the same time this proposal would permit the manufacture and importation of other ammunition that is not designed to be armor-piercing and that has legitimate use for sporting purposes. As I mentioned earlier, the ban on the importation or manufacture of armor-piercing ammunition does not apply to exportation or manufacture or importation solely for Government entities. By restricting the manufacture and importation of ammunition to distribution to these Government entities, the bill restricts access to those for whom the product was originally developed. Moreover, under the legislation, fees for licenses for manufacturers and importers of armor-piercing ammunition would be raised to a level commensurate with those required of licensees who manufacture and import destructive devices. This will help ensure that only those who intend to do a bona fide business in armor-piercing ammunition with Government agencies would be licensed to import and manufacture the ammunition. Finally, as I have mentioned, a crucial feature of the bill is the imposition of a mandatory prison sentence of not less than 5 years for an individual who, during and in relation to the commission of a violent felony, uses or carries a firearm and is in possession of armor-piercing ammunition capable of being fired in that firearm. "Violent felony" means a felony that may be prosecuted in a court of the United States and that has as an element the use, attempted use, or threatened use of physical force against the person or property of another. The term also includes any other felony that may be prosecuted in a court of the United States and that, by its nature, involves the substantial risk that physical force against another person or property may be used in the course of its commission. The sentence imposed would be in addition to the punishment provided for the commission of the violent felony and could not be served concurrently with any other sentence, including that imposed for the underlying felony. A person sentenced under this section cannot have the sentence suspended, cannot be placed on probation, and cannot be eligible for parole during the term of imprisonment. This provision is similar to the proposal contained in the Comprehensive Crime Control bill of 1984. This administration believes that mandatory penalties are appropriate for this type of offense. Enactment of this provision will serve notice on criminals that if they commit a violent Federal crime while in possession of armor-piercing ammunition, they will be dealt with severely. In conclusion, Mr. Chairman, H.R. 5845 as proposed by the administration effectively addresses the problem of armor-piercing ammunition without imposing on the Government or on ammunition importers and manufacturers an unenforceable regulatory and testing process. It also takes into consideration the legitimate use of ammunition for sport and recreation. We recognize that there are no perfect solutions to this difficult problem, but we are convinced that the administration's proposal is the most practical and effective way to cope with this potential threat to the safety of law enforcement officers. The administration proposal has received the support of the following major law enforcement organizations: The International Association of Chiefs of Police, the Fraternal Order of Police, the National Association of Police Organizations, the National Sheriffs' Association, the National Organization of Black Law Enforcement Executives, and the Police Executive Research Forum. Because it does not impact on conventional sporting ammunition, H.R. 5845 is also supported by the overwhelming majority of America's hunting and sporting community. Mr. Chairman, it is my understanding that the companion Senate bill, S. 2766, sponsored by 82 Senators, and actually I now believe the number is 84, could achieve passage this week and that H.R. 5845, which now has 156 sponsors, including Congressmen Brooks, Fish, Conte, Dingell, Michel, and Lott, enjoys broad bipartisan support in the House of Representatives. I am also aware of H.R. 5835 and H.R. 5844 introduced by Congressman Biaggi and by Congressmen Fish and Michel respectively. These bills are based on the administration's proposal and are virtually identical to H.R. 5845. Like many other statutes, this bill is the result of extensive and careful analysis and discussion among all interested parties and the private sector. Thus, modification of H.R. 5845 runs the risk of diminishing the broad bipartisan support which H.R. 5845 has received and is receiving today. I urge the committee to report favorably on H.R. 5845 in its present form so that we can, without further delay, provide statutory protection for police officers against the potential danger of armor-piercing ammunition. Mr. Chairman and members of the subcommittee, this concludes my prepared statement. I would be most pleased to answer any questions you have either at this time or at the time that Mr. Stephens finishes his statement. Mr. HUGHES. Thank you, Mr. Walker. JR. STATEMENT OF THE HONORABLE JOHN M. WALKER, DEPARTMENT OF THE TREASURY BEFORE THE HOUSE COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON CRIME are Mr. Chairman and members of the Subcommittee, we pleased to appear before you today to again explore the subject of armor-piercing ammunition and certain legislative proposals to address the potential threat that this ammunition poses to the safety of law enforcement personnel. I am particularly pleased to be able to report on the Administration's proposal, H.R. 5845, to regulate the manufacture and importation of armor-piercing ammunition. As you know, this By bill is the successful culmination of a long and strenuous effort by the Administration to find an appropriate and enforceable definition of armor-piercing projectiles. appropriate I mean a definition which would successfully balance the needs of law-abiding sportsmen and hunters with the important law enforcement goal of providing police officers with assurance that their soft-body armor will afford greater protection against gunfire from the criminal element. When former Deputy Assistant Secretary of the Treasury for Enforcement Robert Powis testified on May 17 on this issue, before this Committee, he explained in detail the efforts of -2 the Administration to respond to the potential danger of this ammunition to law enforcement officers. He pointed out that, even before formulating the Administration's legislative proposal, which is now incorporated in H.R. 5845, Treasury had already achieved substantial control over this ammunition by securing the voluntary compliance of manufacturers. In particular, Treasury sought and obtained voluntary agreements with manufacturers and importers of certain specificallydesigned types of armor-piercing ammunition. Under the agreements, manufacturers and importers may sell this type of ammunition only to the military establishment and to official Federal, State and local law enforcement agencies, or to foreign governments as authorized by law. To the best of our knowledge, all of the manufacturers and importers have either agreed to our proposition or have gone out of the business of importing or producing armor-piercing ammunition. In addition, the Administration had proposed legislation, as part of the Comprehensive Crime Control Bill, that would impose a mandatory prison sentence of not less than 5 nor more than 10 years for an individual who uses or carries, during or in relation to the commission of a crime of violence, a handgun loaded with armor-piercing ammunition. The substance of this proposal has been incorporated into H.R. 5845. This Administration strongly believes that an enhanced, mandatory |