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108th CONGRESS
1st Session
H. R. 776
To amend chapter 44 of title 18, United States Code, to require
ballistics testing of all firearms manufactured and all firearms in
custody of Federal agencies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2003
Mr. Andrews (for himself and Ms. Eshoo) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 44 of title 18, United States Code, to require
ballistics testing of all firearms manufactured and all firearms in
custody of Federal agencies.
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 ``Technological Resource to Assist
Criminal Enforcement (TRACE) Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to increase public safety by assisting law enforcement
in solving more gun-related crimes and offering prosecutors
evidence to link felons to gun crimes through ballistics
technology;
(2) to provide for ballistics testing of all new firearms
for sale to assist in the identification of firearms used in
crimes;
(3) to require ballistics testing of all firearms in
custody of Federal agencies to assist in the identification of
firearms used in crimes; and
(4) to add ballistics testing to existing firearms
enforcement programs.
SEC. 3. DEFINITION OF BALLISTICS.
Section 921(a) of title 18, United States Code, is amended by
adding at the end the following:
``(36) The term `ballistics' means a comparative analysis of fired
bullets and cartridge casings to identify the firearm from which
bullets and cartridge casings were discharged, through identification
of the unique markings that each firearm imprints on bullets and
cartridge casings.''.
SEC. 4. TEST FIRING AND AUTOMATED STORAGE OF BALLISTICS RECORDS.
(a) Amendment.--Section 923 of title 18, United States Code, is
amended by adding at the end the following:
``(m)(1) In addition to the other licensing requirements under this
section, a licensed manufacturer or licensed importer shall--
``(A) test fire firearms manufactured or imported by such
licensees as specified by the Attorney General by regulation;
``(B) prepare ballistics images of the fired bullet and
cartridge casings from the test fire;
``(C) make the records available to the Attorney General
for entry in a computerized database; and
``(D) store the fired bullet and cartridge casings in such
a manner and for such a period as specified by the Attorney
General by regulation.
``(2) Nothing in this subsection creates a cause of action against
any Federal firearms licensee or any other person for any civil
liability except for imposition of a civil penalty under this section.
``(3)(A) The Attorney General shall assist firearm manufacturers
and importers in complying with paragraph (1) by--
``(i) acquiring, installing, and upgrading ballistics
equipment and bullet and cartridge casing recovery equipment to
be placed at or near the sites of licensed manufacturers and
importers;
``(ii) hiring or designating sufficient personnel to
develop and maintain a database of ballistics images of fired
bullets and cartridge casings, research, and evaluation;
``(iii) providing education about the role of ballistics as
part of a comprehensive firearm crime reduction strategy;
``(iv) providing for the coordination among Federal, State,
and local law enforcement and regulatory agencies and the
firearm industry to curb firearm-related crime and illegal
firearm trafficking; and
``(v) taking other necessary steps to make ballistics
testing effective.
``(B) The Attorney General shall--
``(i) establish a computer system through which State and
local law enforcement agencies can promptly access the
ballistics records stored under this subsection, as soon as
such a capability is available; and
``(ii) require training for all ballistics examiners.
``(4) The Attorney General shall conduct mandatory ballistics
testing of all firearms obtained or in the possession of their
respective agencies.
``(5) Not later than 3 years after the date of enactment of this
subsection, and annually thereafter, the Attorney General shall submit
to the Committees on the Judiciary of the Senate and the House of
Representatives a report regarding the implementation of this section,
including--
``(A) the number of Federal and State criminal
investigations, arrests, indictments, and prosecutions of all
cases in which access to ballistics records, provided under the
system established under this section and under similar systems
operated by any State, served as a valuable investigative tool
in the prosecution of gun crimes;
``(B) the extent to which ballistics records are accessible
across jurisdictions; and
``(C) a statistical evaluation of the test programs
conducted pursuant to paragraph (4).
``(6) There are authorized to be appropriated to the Department of
Justice $20,000,000 for each of the fiscal years 2004 through 2007, to
carry out this subsection, to be used to--
``(A) install ballistics equipment and bullet and cartridge
casing recovery equipment;
``(B) establish sites for ballistics testing;
``(C) pay salaries and expenses of necessary personnel; and
``(D) conduct related research and evaluation.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the amendment made by subsection (a) shall take effect on
the date on which the Attorney General, in consultation with
the Board of the National Integrated Ballistics Information
Network, certifies that the ballistics system used by the
Department of Justice is sufficiently developed to support
mandatory ballistics testing of new firearms.
(2) Ballistics testing.--Section 923(m)(1) of title 18,
United States Code, as added by subsection (a), shall take
effect 2 years after the date of enactment of this Act.
(3) Effective on date of enactment.--Section 923(m)(4) of
title 18, United States Code, as added by subsection (a), shall
take effect on the date of enactment of this Act.
SEC. 5. PRIVACY RIGHTS OF LAW-ABIDING CITIZENS.
Ballistics information of individual guns in any form or database
established by this Act may not be used for prosecutorial purposes
unless law enforcement officials have a reasonable belief that a crime
has been committed and that ballistics information would assist in the
investigation of that crime.
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