text: 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.
target: 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.
feat_title: 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.