[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 469 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 469

    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 SENATE OF THE UNITED STATES

                           February 27, 2003

  Mr. Kohl (for himself, Mr. DeWine, Mrs. Feinstein, Mr. Schumer, Mr. 
    Reed, Ms. Mikulski, Mr. Corzine, and Mr. Levin) introduced the 
 following bill; which was read twice and 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 Act'' or the ``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) Ballistics.--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 into the electronic database established under 
        paragraph (3)(B); 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 locations readily accessible to 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 an electronic database--
                    ``(I) through which State and local law enforcement 
                agencies can promptly access the ballistics records 
                stored under this subsection, as soon as such 
                capability is available; and
                    ``(II) that shall not include any identifying 
                information regarding dealers, collectors, or 
                purchasers of firearms; 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.
                                 <all>