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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. 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 the Committee.

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 copper, 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" as 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 specifically designed to be armor-piercing. Included in this category are KTW and certain other armorpiercing 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 governmental 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

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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 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

use,

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,

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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 armorpiercing ammunition without imposing on the Government or on ammunition importers and manufacturers an unenforceable

regulatory and testing process.

It also takes into considera

tion 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 Sheriff's Association, the National Organization

of Black Law Enforcement Executives, and the Police Executive

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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, could achieve passage this week and that H.R. 5845, which now has 156 sponsors, including Congressmen Brooks, Fish, Conte, Dingell, Michel and Tott, enjoys broad bipartisan support in the House of Representatives. I am also aware of H.R. 5835 and 5844 introduced by Congressman Biaggi and by Congressmen Fish and Michel respectively. These bills are based upon 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. Thus, modification of H.R. 5845 runs the risk of diminishing the broad bipartisan support which H.R. 5845 has received. 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.

answer any questions you may have.

I would be most pleased to