118 HR 3824 IH: Trafficking Reduction And Criminal Enforcement (TRACE) Act
U.S. House of Representatives
2023-06-05
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I
118th CONGRESS
1st Session
H. R. 3824
IN THE HOUSE OF REPRESENTATIVES
June 5, 2023
Mr. Quigley (for himself, Ms. Moore of Wisconsin, Mr. Auchincloss, Mr. Evans, Mr. DeSaulnier, Ms. Schakowsky, Mr. Beyer, and Ms. Norton) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To prevent the illegal sale of firearms, and for other purposes.
1.

Short title
This Act may be cited as the “Trafficking Reduction And Criminal Enforcement (TRACE) Act”.
2.

Regulatory requirement to mark firearms with second, hidden serial number
(a)

In general
Within 12 months after the date of the enactment of this Act, the Attorney General shall promulgate final regulations that require each firearm manufactured in the United States on or after the effective date of the regulation, to be marked with a serial number that is located inside the receiver of the firearm or that is visible only in infrared light, in addition to the serial number with which the firearm is otherwise required by law to be marked.
(b)

Definition of receiver
Section 921(a) of title 18, United States Code, is amended—
(1)
in paragraph (3)—
(A)
by inserting “, including an unfinished frame or receiver” after “such weapon”; and
(B)
by striking “or (D) any destructive device” and inserting “; (D) any destructive device; or (E) any combination of parts designed or intended for use in converting any device into a firearm and from which a firearm may be readily assembled”;
(2)
in paragraph (10)—
(A)
by striking “and the” and inserting “the”; and
(B)
by inserting “; and the term “manufacturing firearms” shall include assembling a functional firearm from an unfinished frame or receiver or from molding, machining, or 3D printing a frame or receiver, and shall not include making or fitting special barrels, stocks, or trigger mechanisms to firearms” before the period; and
(3)
by inserting after paragraph (29) the following:
“(30)
The term “unfinished frame or receiver” means any forging, casting, printing, extrusion, machined body or similar article that—
(A)
has reached a stage in manufacture at which it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm; or
(B)
is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.”.
3.

Requirement to preserve instant criminal background check records for 180 days
(a)

In general
Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting “after the 180-day period that begins with the date the system complies with subparagraphs (A) and (B),” before “destroy”.
(b)

Conforming amendment
Section 511 of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (34 U.S.C. 40901 note; Public Law 112–55; 125 Stat. 632) is amended—
(1)
by striking “for—” and all that follows through “(1)”; and
(2)
by striking the semicolon and all that follows and inserting a period.
(c)

Regulations
Within 180 days after the date of the enactment of this Act, the Attorney General shall prescribe regulations to implement the amendments made by this section.
4.

Requirement that licensed firearms dealers conduct physical check of their firearms business inventory
(a)

In general
Section 923(g) of title 18, United States Code, is amended by adding at the end the following:
“(8)
Each licensee shall conduct a physical check of the firearms inventory of the business of the licensee licensed under this chapter, in accordance with regulations which shall be prescribed by the Attorney General.”.
(b)

Conforming amendment
The matter under the heading
“Bureau of Alcohol, Tobacco, Firearms and Explosives
—
Salaries and Expenses”
in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113–6; 127 Stat. 247–248) is amended by striking the 5th proviso.
(c)

Regulations
Within 180 days after the date of the enactment of this Act, the Attorney General shall prescribe regulations to implement section 923(g)(8) of title 18, United States Code.
5.

Elimination of certain limitations
(a)

Consolidated and Further Continuing Appropriations Act, 2012
Title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112–55; 125 Stat. 609–610) is amended in the matter under the heading
“Bureau of Alcohol, Tobacco, Firearms and Explosives
—
Salaries and Expenses”
by striking the 1st, 6th, and 7th provisos.
(b)

Consolidated Appropriations Act, 2010
Division B of the Consolidated Appropriations Act, 2010 (Public Law 111–117) is amended—
(1)
in title II—
(A)
in the 6th proviso under the heading
“Bureau of Alcohol, Tobacco, Firearms and Explosives
—
Salaries and Expenses”
by striking “beginning in fiscal year 2010 and thereafter” and inserting “in fiscal year 2010”; and
(B)
in the matter under the heading
“Bureau of Alcohol, Tobacco, Firearms and Explosives
—
Salaries and Expenses”
by striking the 7th proviso; and
(2)
in section 511, to read as follows:
“511.
None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.”.
(c)

Omnibus Appropriations Act, 2009
Division B of the Omnibus Appropriations Act, 2009 (Public Law 111–8) is amended—
(1)
in title II—
(A)
in the 6th proviso under the heading
“Bureau of Alcohol, Tobacco, Firearms and Explosives
—
Salaries and Expenses”
by striking “beginning in fiscal year 2009 and thereafter” and inserting “in fiscal year 2009”; and
(B)
in the matter under the heading
“Bureau of Alcohol, Tobacco, Firearms and Explosives
—
Salaries and Expenses”
by striking the 7th proviso; and
(2)
in section 511, to read as follows:
“511.
None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.”.
(d)

Consolidated Appropriations Act, 2008
Division B of the Consolidated Appropriations Act, 2008 (Public Law 110–161) is amended—
(1)
in title II—
(A)
in the 6th proviso under the heading
“Bureau of Alcohol, Tobacco, Firearms and Explosives
—
Salaries and Expenses”
by striking “beginning in fiscal year 2008 and thereafter” and inserting “in fiscal year 2008”; and
(B)
in the matter under the heading
“Bureau of Alcohol, Tobacco, Firearms and Explosives
—
Salaries and Expenses”
by striking the 7th proviso; and
(2)
in section 512, to read as follows:
“512.
None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.”.
(e)

Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006
The Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109–108) is amended—
(1)
in title I—
(A)
in the 6th proviso under the heading
“Bureau of Alcohol, Tobacco, Firearms and Explosives
—
Salaries and Expenses”
by striking “with respect to any fiscal year”; and
(B)
in the matter under the heading
“Bureau of Alcohol, Tobacco, Firearms and Explosives
—
Salaries and Expenses”
by striking the 7th proviso; and
(2)
in section 611, to read as follows:
“611.
None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.”.
(f)

Consolidated Appropriations Act, 2005
Division B of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2005 (Public Law 108–447) is amended—
(1)
in title I—
(A)
in the 6th proviso under the heading
“Bureau of Alcohol, Tobacco, Firearms and Explosives
—
Salaries and Expenses”
by striking “with respect to any fiscal year”; and
(B)
in the matter under the heading
“Bureau of Alcohol, Tobacco, Firearms and Explosives
—
Salaries and Expenses”
by striking the 7th proviso; and
(2)
in section 615, to read as follows:
“615.
None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.”.
(g)

Consolidated Appropriations Act, 2004
Division B of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2004 (Public Law 108–199) is amended—
(1)
in the matter under the heading
“Bureau of Alcohol, Tobacco, Firearms and Explosives
—
Salaries and Expenses”
by striking the 7th proviso; and
(2)
in section 617(a), to read as follows:
“(a)
None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.”.
(h)

Consolidated Appropriations Resolution, 2003
Division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note; Public Law 108–7; 117 Stat. 473–474) is amended in section 644 by striking “or any other Act with respect to any fiscal year”.