[Congressional Record Volume 149, Number 64 (Thursday, May 1, 2003)]
[Senate]
[Pages S5672-S5673]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRAHAM of South Carolina (for himself and Mr. Miller):
  S. 980. A bill to conduct a study on the effectiveness of ballistic 
imaging technology and evaluate its effectiveness as a law enforcement 
tool; to the Committee on the Judiciary.
  Mr. GRAHAM of South Carolina. Mr. President, I ask unanimous consent 
that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 980

       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 ``Ballistic Imaging Evaluation 
     and Study Act of 2003''.

     SEC. 2. PURPOSES.

       The purposes of this Act are the following:
       (1) To conduct a comprehensive study of ballistic imaging 
     technology and evaluate design parameters for packing and 
     shipping of fired cartridge cases and projectiles.
       (2) To determine the effectiveness of the National 
     Integrated Ballistic Information Network (NIBIN) as a tool in 
     investigating crimes committed with handguns and rifles.
       (3) To establish the cost and overall effectiveness of 
     State-mandated ballistic imaging systems and the sharing and 
     retention of the data collected by the systems.

     SEC. 3. STUDY.

       (a) In General.--Not later than six (6) months after the 
     date of the enactment of this Act, the Attorney General shall 
     enter into an arrangement with the National Research Council 
     of the National Academy of Sciences, which shall have sole 
     responsibility for conducting under the arrangement a study 
     to determine the following:
       (1) The design parameters for an effective and uniform 
     system for packing fired cartridge cases and projectiles, and 
     for collecting information that will accompany a fired 
     cartridge case and projectile and be entered into a ballistic 
     imaging system.
       (2) The most effective method for projectile recovery that 
     can be used to collect fired projectiles for entry into a 
     ballistic imaging system and the cost of such recovery 
     equipment.
       (3) Which countries are employing ballistic imaging systems 
     and the results of the systems as a tool in investigating 
     crimes committed with handguns and rifles.
       (4) The comprehensive cost, to date, for Federal, State, 
     and local jurisdictions that have implemented a ballistic 
     imaging system to include startup, operating costs, and 
     outlays for personnel and administration.
       (5) The estimated yearly cost for administering a ballistic 
     imaging system, the storage of cartridge cases and 
     projectiles on a nationwide basis, and the costs to industry 
     and consumers of doing so.
       (6) How many revolvers, manually operated handguns, 
     semiautomatic handguns, manually operated rifles, and 
     semiautomatic rifles are sold in the United States each year, 
     the percentage of crimes committed with revolvers, other 
     manually operated handguns, and manually operated rifles as 
     compared with semiautomatic handguns and semiautomatic 
     rifles, and the percentage of each currently on record in the 
     NIBIN system.
       (7) Whether in countries where ballistic identification has 
     been implemented, a shift has occurred in the number of 
     semiautomatic handguns and semiautomatic rifles, compared 
     with revolvers, other manually operated handguns, and 
     manually operated rifles that are used to commit a crime.
       (8) A comprehensive list of environmental and 
     nonenvironmental factors, including modifications to a 
     firearm, that can substantially alter or change the 
     identifying marks on a cartridge case and projectile so as to 
     preclude a scientifically reliable comparison between 
     specimens and the stored image from the same firearm being 
     admissible as evidence in a court of law.
       (9) The technical improvements in database management that 
     will be necessary to keep pace with system growth and the 
     estimated cost of the improvements.
       (10) What redundant or duplicate systems exist, or have 
     existed, the ability of the various systems to share 
     information, and the

[[Page S5673]]

     cost and time it will take to integrate operating systems.
       (11) Legal issues that need to be addressed at the Federal 
     and State levels to codify the type of information that would 
     be captured and stored as part of a national ballistic 
     identification program and the sharing of the information 
     between State systems and NIBIN.
       (12) What storage and retrieval procedures guarantee the 
     integrity of cartridge cases and projectiles for indefinite 
     periods of time and insure proper chain of custody and 
     admissibility of ballistic evidence or images in a court of 
     law.
       (13) The time, cost, and resources necessary to enter 
     images of fired cartridge cases and fired projectiles into a 
     ballistic imaging identification system of all new handguns 
     and rifles sold in the United States and those possessed 
     lawfully by firearms owners.
       (14) Whether an effective procedure is available to collect 
     fired cartridge cases and projectiles from privately owned 
     handguns and rifles.
       (15) Whether the cost of ballistic imaging technology is 
     worth the investigative benefit to law enforcement officers.
       (16) Whether State-based ballistic imaging systems, or a 
     combination of State and Federal ballistic imaging systems 
     that record and store cartridge cases and projectiles can be 
     used to create a centralized list of firearms owners.
       (17) The cost-effectiveness of using a Federal, NIBIN-based 
     approach to using ballistic imaging technology as opposed to 
     State-based initiatives.

     SEC. 4. CONSULTATION.

       In carrying out this Act, the National Research Council of 
     the National Academy of Sciences shall consult with--
       (1) Federal, State, and local officials with expertise in 
     budgeting, administering, and using a ballistic imaging 
     system, including the Bureau of Alcohol, Tobacco and 
     Firearms, and the Federal Bureau of Investigation, and the 
     Bureau of Forensic Services at the California Department of 
     Justice, and the National Institute for Forensic Sciences in 
     Brussels, Belgium;
       (2) law enforcement officials who use ballistic imaging 
     systems;
       (3) entities affected by the actual and proposed uses of 
     ballistic imaging technology, including manufacturers, 
     distributors, importers, and retailers of firearms and 
     ammunition, firearms purchasers and owners and their 
     organized representatives, the Sporting Arms and Ammunition 
     Manufacturers' Institute, Inc., and the National Shooting 
     Sports Foundation, Inc.;
       (4) experts in ballistics imaging and related fields, such 
     as the Association of Firearm and Tool Mark Examiners, 
     projectile recovery system manufacturers, and ballistic 
     imaging device manufacturers;
       (5) foreign officials administering ballistic imaging 
     systems;
       (6) individuals or organizations with significant expertise 
     in the field of ballistic imaging technology, as the Attorney 
     General deems necessary.

     SEC. 5. REPORT.

       Not later than 30 days after the National Research Council 
     of the National Academy of Sciences completes the study 
     conducted under section 3, the National Research Council 
     shall submit to the Attorney General a report on the results 
     of the study, and the Attorney General shall submit to the 
     Congress a report, which shall be made public, that 
     contains--
       (1) the results of the study; and
       (2) recommendations for legislation, if applicable.

     SEC. 6. SUSPENSION OF USE OF FEDERAL FUNDS FOR BALLISTIC 
                   IMAGING TECHNOLOGY.

       (a) In General.--Notwithstanding any other provision of 
     law, a State shall not use Federal funds for ballistic 
     imaging technology until the report referred to in section 5 
     is completed and transmitted to the Congress.
       (b) Waiver Authority.--On request of a State, the Secretary 
     of the Treasury may waive the application of subsection (a) 
     to a use of Federal funds upon a showing that the use would 
     be in the national interest.

     SEC. 7. DEFINITIONS.

       In this Act:
       (1) The term ``ballistic imaging technology'' means 
     software and hardware that records electronically, stores, 
     retrieves, and compares the marks or impressions on the 
     cartridge case and projectile of a round of ammunition fired 
     from a handgun or rifle.
       (2) The term ``handgun'' has the meaning given the term in 
     section 921(a)(29) of title 18, United States Code.
       (3) The term ``rifle'' has the meaning given the term in 
     section 921(a)(7) of title 18, United States Code.
       (4) The term ``cartridge case'' means the part of a fully 
     assembled ammunition cartridge that contains the propellant 
     and primer for firing.
       (5) The terms ``manually operated handgun'' and ``manually 
     operated rifle'' mean any handgun or rifle, as the case may 
     be, in which all loading, unloading, and reloading of the 
     firing chamber is accomplished through manipulation by the 
     user.
       (6) The term ``semiautomatic handgun'' means any repeating 
     handgun which utilizes a portion of the energy of a firing 
     cartridge to extract the fired cartridge case and chamber the 
     next round, which requires a pull of the trigger to fire each 
     cartridge.
       (7) The term ``semiautomatic rifle'' has the meaning given 
     the term in section 921(a)(28) of title 18, United States 
     Code.
       (8) The term ``projectile'' means that part of ammunition 
     that is, by means of an explosive, expelled through the 
     barrel of a handgun or rifle.
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