article: 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.
summary: Technological Resource to Assist Criminal Enforcement (TRACE) Act - Amends the Brady Handgun Violence Prevention Act to require a licensed manufacturer or importer of firearms to: (1) test fire manufactured or imported firearms as specified by the Attorney General; (2) prepare ballistics images of the fired bullet and cartridge casings; (3) make the records available to the Attorney General for entry into a computerized database; and (4) store the fired bullet and cartridge casings.Directs the Attorney General to assist firearm manufacturers and importers in complying with these requirements by: (1) acquiring, installing, and upgrading ballistics equipment and bullet and cartridge casing recovery equipment; (2) hiring or designating sufficient personnel to develop and maintain a ballistics database; (3) providing education about the role of ballistics; and (4) providing for the coordination among law enforcement, regulatory agencies, and the firearm industry to curb firearm-related crime and illegal firearm trafficking.Requires the Attorney General to: (1) establish a computer system through which State and local law enforcement agencies can promptly access ballistics records; (2) require training for all ballistics examiners; (3) conduct mandatory ballistics testing of all firearms obtained by or in the possession of the Department of Justice; and (4) report to Congress on the implementation of this Act.Prohibits the use of ballistics information of individual guns for prosecutorial purposes unless officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation.