[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 980 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 980
To conduct a study on the effectiveness of ballistic imaging technology
and evaluate its effectiveness as a law enforcement tool.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2003
Mr. Graham of South Carolina (for himself and Mr. Miller) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
To conduct a study on the effectiveness of ballistic imaging technology
and evaluate its effectiveness as a law enforcement tool.
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.
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 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, 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; and
(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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