I 
108TH CONGRESS 
1ST SESSION 
H. R. 776
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. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2003
Mr. ANDREWS (for himself and Ms. ESHOO) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
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.
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 ‘‘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 en-
forcement in solving more gun-related crimes and of-
fering 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 identi-
fication 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 anal-
ysis of fired bullets and cartridge casings to identify the 
firearm from which bullets and cartridge casings were dis-
charged, through identification of the unique markings 
that each firearm imprints on bullets and cartridge cas-
ings.’’. 
SEC. 4. TEST FIRING AND AUTOMATED STORAGE OF BAL-
LISTICS RECORDS. 
(a) AMENDMENT.—Section 923 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing:
‘‘(m)(1) In addition to the other licensing require-
ments under this section, a licensed manufacturer or li-
censed importer shall—
‘‘(A) test fire firearms manufactured or im-
ported 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 ac-
tion 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 ballis-
tics equipment and bullet and cartridge casing recov-
ery 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 im-
ages of fired bullets and cartridge casings, research, 
and evaluation; 
‘‘(iii) providing education about the role of bal-
listics as part of a comprehensive firearm crime re-
duction strategy; 
‘‘(iv) providing for the coordination among Fed-
eral, 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 bal-
listics 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 avail-
able; and 
‘‘(ii) require training for all ballistics exam-
iners. 
‘‘(4) The Attorney General shall conduct mandatory 
ballistics testing of all firearms obtained or in the posses-
sion of their respective agencies.
‘‘(5) Not later than 3 years after the date of enact-
ment of this subsection, and annually thereafter, the At-
torney General shall submit to the Committees on the Ju-
diciary of the Senate and the House of Representatives 
a report regarding the implementation of this section, in-
cluding—
‘‘(A) the number of Federal and State criminal 
investigations, arrests, indictments, and prosecutions 
of all cases in which access to ballistics records, pro-
vided under the system established under this sec-
tion 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 pro-
grams 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 para-
graphs (2) and (3), the amendment made by sub-
section (a) shall take effect on the date on which the 
Attorney General, in consultation with the Board of 
the National Integrated Ballistics Information Net-
work, 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 sub-
section (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 inves-
tigation of that crime.
Æ