Trafficking Reduction And Criminal Enforcement (TRACE) Act

I 118TH CONGRESS 1ST SESSION H. R. 3824 To prevent the illegal sale of firearms, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 5, 2023 Mr. QUIGLEY (for himself, Ms. MOORE of Wisconsin, Mr. AUCHINCLOSS, Mr. EVANS, Mr. DESAULNIER, Ms. SCHAKOWSKY, Mr. BEYER, and Ms. NOR- TON) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prevent the illegal sale of firearms, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Trafficking Reduction 4 And Criminal Enforcement (TRACE) Act’’. 5 SEC. 2. REGULATORY REQUIREMENT TO MARK FIREARMS 6 WITH SECOND, HIDDEN SERIAL NUMBER. 7 (a) IN GENERAL.—Within 12 months after the date 8 of the enactment of this Act, the Attorney General shall 9 promulgate final regulations that require each firearm 10 VerDate Sep 11 2014 03:27 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3824.IH H3824 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3824 IH manufactured in the United States on or after the effec- 1 tive date of the regulation, to be marked with a serial 2 number that is located inside the receiver of the firearm 3 or that is visible only in infrared light, in addition to the 4 serial number with which the firearm is otherwise required 5 by law to be marked. 6 (b) DEFINITION OF RECEIVER.—Section 921(a) of 7 title 18, United States Code, is amended— 8 (1) in paragraph (3)— 9 (A) by inserting ‘‘, including an unfinished 10 frame or receiver’’ after ‘‘such weapon’’; and 11 (B) by striking ‘‘or (D) any destructive de- 12 vice’’ and inserting ‘‘; (D) any destructive de- 13 vice; or (E) any combination of parts designed 14 or intended for use in converting any device 15 into a firearm and from which a firearm may 16 be readily assembled’’; 17 (2) in paragraph (10)— 18 (A) by striking ‘‘and the’’ and inserting 19 ‘‘the’’; and 20 (B) by inserting ‘‘; and the term ‘manufac- 21 turing firearms’ shall include assembling a 22 functional firearm from an unfinished frame or 23 receiver or from molding, machining, or 3D 24 printing a frame or receiver, and shall not in- 25 VerDate Sep 11 2014 03:27 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3824.IH H3824 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3824 IH clude making or fitting special barrels, stocks, 1 or trigger mechanisms to firearms’’ before the 2 period; and 3 (3) by inserting after paragraph (29) the fol- 4 lowing: 5 ‘‘(30) The term ‘unfinished frame or receiver’ 6 means any forging, casting, printing, extrusion, ma- 7 chined body or similar article that— 8 ‘‘(A) has reached a stage in manufacture 9 at which it may readily be completed, assem- 10 bled, or converted to be used as the frame or 11 receiver of a functional firearm; or 12 ‘‘(B) is marketed or sold to the public to 13 become or be used as the frame or receiver of 14 a functional firearm once completed, assembled, 15 or converted.’’. 16 SEC. 3. REQUIREMENT TO PRESERVE INSTANT CRIMINAL 17 BACKGROUND CHECK RECORDS FOR 180 18 DAYS. 19 (a) IN GENERAL.—Section 922(t)(2)(C) of title 18, 20 United States Code, is amended by inserting ‘‘after the 21 180-day period that begins with the date the system com- 22 plies with subparagraphs (A) and (B),’’ before ‘‘destroy’’. 23 (b) CONFORMING AMENDMENT.—Section 511 of divi- 24 sion B of the Consolidated and Further Continuing Appro- 25 VerDate Sep 11 2014 03:27 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3824.IH H3824 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3824 IH priations Act, 2012 (34 U.S.C. 40901 note; Public Law 1 112–55; 125 Stat. 632) is amended— 2 (1) by striking ‘‘for—’’ and all that follows 3 through ‘‘(1)’’; and 4 (2) by striking the semicolon and all that fol- 5 lows and inserting a period. 6 (c) REGULATIONS.—Within 180 days after the date 7 of the enactment of this Act, the Attorney General shall 8 prescribe regulations to implement the amendments made 9 by this section. 10 SEC. 4. REQUIREMENT THAT LICENSED FIREARMS DEAL- 11 ERS CONDUCT PHYSICAL CHECK OF THEIR 12 FIREARMS BUSINESS INVENTORY. 13 (a) IN GENERAL.—Section 923(g) of title 18, United 14 States Code, is amended by adding at the end the fol- 15 lowing: 16 ‘‘(8) Each licensee shall conduct a physical check of 17 the firearms inventory of the business of the licensee li- 18 censed under this chapter, in accordance with regulations 19 which shall be prescribed by the Attorney General.’’. 20 (b) CONFORMING AMENDMENT.—The matter under 21 the heading ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS 22 AND EXPLOSIVES—SALARIES AND EXPENSES’’ in title II 23 of division B of the Consolidated and Further Continuing 24 Appropriations Act, 2013 (18 U.S.C. 923 note; Public 25 VerDate Sep 11 2014 03:27 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3824.IH H3824 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3824 IH Law 113–6; 127 Stat. 247–248) is amended by striking 1 the 5th proviso. 2 (c) REGULATIONS.—Within 180 days after the date 3 of the enactment of this Act, the Attorney General shall 4 prescribe regulations to implement section 923(g)(8) of 5 title 18, United States Code. 6 SEC. 5. ELIMINATION OF CERTAIN LIMITATIONS. 7 (a) CONSOLIDATED AND FURTHER CONTINUING AP- 8 PROPRIATIONS ACT, 2012.—Title II of division B of the 9 Consolidated and Further Continuing Appropriations Act, 10 2012 (18 U.S.C. 923 note; Public Law 112–55; 125 Stat. 11 609–610) is amended in the matter under the heading 12 ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EX- 13 PLOSIVES—SALARIES AND EXPENSES’’ by striking the 1st, 14 6th, and 7th provisos. 15 (b) CONSOLIDATED APPROPRIATIONS ACT, 2010.— 16 Division B of the Consolidated Appropriations Act, 2010 17 (Public Law 111–117) is amended— 18 (1) in title II— 19 (A) in the 6th proviso under the heading 20 ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS 21 AND EXPLOSIVES—SALARIES AND EXPENSES’’ 22 by striking ‘‘beginning in fiscal year 2010 and 23 thereafter’’ and inserting ‘‘in fiscal year 2010’’; 24 and 25 VerDate Sep 11 2014 03:27 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3824.IH H3824 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3824 IH (B) in the matter under the heading ‘‘BU- 1 REAU OF ALCOHOL, TOBACCO, FIREARMS AND 2 EXPLOSIVES—SALARIES AND EXPENSES’’ by 3 striking the 7th proviso; and 4 (2) in section 511, to read as follows: 5 ‘‘SEC. 511. None of the funds appropriated pursuant 6 to this Act or any other provision of law may be used for 7 the implementation of any tax or fee in connection with 8 the implementation of subsection 922(t) of title 18, United 9 States Code.’’. 10 (c) OMNIBUS APPROPRIATIONS ACT, 2009.—Division 11 B of the Omnibus Appropriations Act, 2009 (Public Law 12 111–8) is amended— 13 (1) in title II— 14 (A) in the 6th proviso under the heading 15 ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS 16 AND EXPLOSIVES—SALARIES AND EXPENSES’’ 17 by striking ‘‘beginning in fiscal year 2009 and 18 thereafter’’ and inserting ‘‘in fiscal year 2009’’; 19 and 20 (B) in the matter under the heading ‘‘BU- 21 REAU OF ALCOHOL, TOBACCO, FIREARMS AND 22 EXPLOSIVES—SALARIES AND EXPENSES’’ by 23 striking the 7th proviso; and 24 (2) in section 511, to read as follows: 25 VerDate Sep 11 2014 03:27 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3824.IH H3824 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3824 IH ‘‘SEC. 511. None of the funds appropriated pursuant 1 to this Act or any other provision of law may be used for 2 the implementation of any tax or fee in connection with 3 the implementation of subsection 922(t) of title 18, United 4 States Code.’’. 5 (d) CONSOLIDATED APPROPRIATIONS ACT, 2008.— 6 Division B of the Consolidated Appropriations Act, 2008 7 (Public Law 110–161) is amended— 8 (1) in title II— 9 (A) in the 6th proviso under the heading 10 ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS 11 AND EXPLOSIVES—SALARIES AND EXPENSES’’ 12 by striking ‘‘beginning in fiscal year 2008 and 13 thereafter’’ and inserting ‘‘in fiscal year 2008’’; 14 and 15 (B) in the matter under the heading ‘‘BU- 16 REAU OF ALCOHOL, TOBACCO, FIREARMS AND 17 EXPLOSIVES—SALARIES AND EXPENSES’’ by 18 striking the 7th proviso; and 19 (2) in section 512, to read as follows: 20 ‘‘SEC. 512. None of the funds appropriated pursuant 21 to this Act or any other provision of law may be used for 22 the implementation of any tax or fee in connection with 23 the implementation of subsection 922(t) of title 18, United 24 States Code.’’. 25 VerDate Sep 11 2014 03:27 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3824.IH H3824 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3824 IH (e) SCIENCE, STATE, JUSTICE, COMMERCE, AND RE- 1 LATED AGENCIES APPROPRIATIONS ACT, 2006.—The 2 Science, State, Justice, Commerce, and Related Agencies 3 Appropriations Act, 2006 (Public Law 109–108) is 4 amended— 5 (1) in title I— 6 (A) in the 6th proviso under the heading 7 ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS 8 AND EXPLOSIVES—SALARIES AND EXPENSES’’ 9 by striking ‘‘with respect to any fiscal year’’; 10 and 11 (B) in the matter under the heading ‘‘BU- 12 REAU OF ALCOHOL, TOBACCO, FIREARMS AND 13 EXPLOSIVES—SALARIES AND EXPENSES’’ by 14 striking the 7th proviso; and 15 (2) in section 611, to read as follows: 16 ‘‘SEC. 611. None of the funds appropriated pursuant 17 to this Act or any other provision of law may be used for 18 the implementation of any tax or fee in connection with 19 the implementation of subsection 922(t) of title 18, United 20 States Code.’’. 21 (f) CONSOLIDATED APPROPRIATIONS ACT, 2005.— 22 Division B of the Science, State, Justice, Commerce, and 23 Related Agencies Appropriations Act, 2005 (Public Law 24 108–447) is amended— 25 VerDate Sep 11 2014 03:27 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3824.IH H3824 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3824 IH (1) in title I— 1 (A) in the 6th proviso under the heading 2 ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS 3 AND EXPLOSIVES—SALARIES AND EXPENSES’’ 4 by striking ‘‘with respect to any fiscal year’’; 5 and 6 (B) in the matter under the heading ‘‘BU- 7 REAU OF ALCOHOL, TOBACCO, FIREARMS AND 8 EXPLOSIVES—SALARIES AND EXPENSES’’ by 9 striking the 7th proviso; and 10 (2) in section 615, to read as follows: 11 ‘‘SEC. 615. None of the funds appropriated pursuant 12 to this Act or any other provision of law may be used for 13 the implementation of any tax or fee in connection with 14 the implementation of subsection 922(t) of title 18, United 15 States Code.’’. 16 (g) CONSOLIDATED APPROPRIATIONS ACT, 2004.— 17 Division B of the Science, State, Justice, Commerce, and 18 Related Agencies Appropriations Act, 2004 (Public Law 19 108–199) is amended— 20 (1) in the matter under the heading ‘‘BUREAU 21 OF ALCOHOL, TOBACCO, FIREARMS AND EXPLO- 22 SIVES—SALARIES AND EXPENSES’’ by striking the 23 7th proviso; and 24 (2) in section 617(a), to read as follows: 25 VerDate Sep 11 2014 03:27 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3824.IH H3824 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3824 IH ‘‘(a) None of the funds appropriated pursuant to this 1 Act or any other provision of law may be used for the 2 implementation of any tax or fee in connection with the 3 implementation of subsection 922(t) of title 18, United 4 States Code.’’. 5 (h) CONSOLIDATED APPROPRIATIONS RESOLUTION, 6 2003.—Division J of the Consolidated Appropriations 7 Resolution, 2003 (5 U.S.C. 552 note; Public Law 108– 8 7; 117 Stat. 473–474) is amended in section 644 by strik- 9 ing ‘‘or any other Act with respect to any fiscal year’’. 10 Æ VerDate Sep 11 2014 03:27 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H3824.IH H3824 kjohnson on DSK79L0C42PROD with BILLS