I
107TH CONGRESS
1ST SESSION
H. R. 3491
To conduct a study on the effectiveness of ballistic imaging technology and
evaluate its effectiveness as a law enforcement tool.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 13, 2001
Ms. HART introduced the following bill; which was 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 enforce-
ment tool.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Ballistic Imaging Eval-
uation and Study Act of 2001’’.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To conduct a comprehensive study of bal-
listic imaging technology and evaluate design param-
eters for packing and shipping of fired cartridge
cases and projectiles.
(2) To determine the effectiveness of the Na-
tional Integrated Ballistic Information Network
(NIBIN) as a tool in investigating crimes committed
with handguns and rifles.
(3) To establish the cost and overall effective-
ness 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 12 months after
the date of the enactment of this Act, the Attorney Gen-
eral shall enter into an arrangement with the National Re-
search Council of the National Academy of Sciences, which
shall have sole responsibility for conducting under the ar-
rangement 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 re-
covery that can be used to collect fired projectiles for
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 pro-
jectiles 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 pro-
jectiles into a ballistic imaging identification system
of all new handguns and rifles sold in the United
States and those possessed lawfully by firearms own-
ers.
(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 tech-
nology is worth the investigative benefit to law en-
forcement officers.
(16) Whether State-based ballistic imaging sys-
tems, or a combination of State and Federal ballistic
imaging systems that record and store cartridge
cases and projectiles can be used to create a central-
ized 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 ex-
pertise in budgeting, administering, and using a bal-
listic imaging system, including the Bureau of Alco-
hol, Tobacco and Firearms, the Federal Bureau of
Investigation, and the Bureau of Forensic Services
at the California Department of Justice;
(2) law enforcement officials who use ballistic
imaging systems;
(3) entities affected by the actual and proposed
uses of ballistic imaging technology, including manu-
facturers, distributors, importers, and retailers of
firearms and ammunition, firearms purchasers and
owners and their organized representatives, the
Sporting Arms and Ammunition Manufacturers’ In-
stitute, 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 manu-
facturers, and ballistic imaging device manufactur-
ers;
(5) foreign officials administering ballistic im-
aging systems and foreign experts; 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 Re-
search Council shall submit to the Attorney General a re-
port 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 applica-
ble.
SEC. 6. SUSPENSION OF USE OF FEDERAL FUNDS FOR BAL-
LISTIC IMAGING TECHNOLOGY.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, a State shall not use Federal funds for bal-
listic 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 electroni-
cally, 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 con-
tains 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, un-
loading, and reloading of the firing chamber is ac-
complished 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, ex-
pelled through the barrel of a handgun or rifle.
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