[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5460 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5460
To direct the Department of Homeland Security to bolster security
against threats posed by ghost guns, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2023
Mr. Thompson of Mississippi (for himself, Ms. Jackson Lee, Mr. Thompson
of California, Ms. Clarke of New York, Mr. Payne, Ms. Titus, Mr.
Swalwell, Mrs. Watson Coleman, Mr. Correa, Mr. Carter of Louisiana, Mr.
Thanedar, Mr. Magaziner, Mr. Ivey, Mr. Goldman of New York, Mr. Robert
Garcia of California, Mrs. Ramirez, and Mr. Menendez) introduced the
following bill; which was referred to the Committee on Homeland
Security, and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To direct the Department of Homeland Security to bolster security
against threats posed by ghost guns, and for other purposes.
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 ``Bolstering Security Against Ghost
Guns Act''.
SEC. 2. DEPARTMENT OF HOMELAND SECURITY POLICY TO BOLSTER SECURITY
AGAINST THREATS POSED BY GHOST GUNS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Under Secretary for Strategy, Policy, and Plans of the
Department of Homeland Security, shall issue a Department-wide strategy
to bolster security against threats posed by ghost guns. Such strategy
shall--
(1) identify activities across the Department related to
ghost guns and approaches to enhance cross-component
information sharing and collaboration to improve prevention,
preparedness, and response to homeland security threats, such
as an act of terrorism or targeted violence, associated with
ghost guns; and
(2) identify activities with Federal, State, local, Tribal,
and territorial partners related to ghost guns and approaches
to enhance the Department's collaboration with such partners to
improve prevention, preparedness, and response to homeland
security threats, such as an act of terrorism or targeted
violence, associated with ghost guns.
(b) Office of Intelligence and Analysis Activities.--
(1) Use in terrorist activity.--Section 5716 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92) is amended--
(A) by amending subsection (a) to read as follows:
``(a) Reports.--Not later than 180 days after the date of the
enactment of this subsection and annually thereafter, the Under
Secretary for Intelligence and Analysis of the Department of Homeland
Security, in consultation with the Director of the Federal Bureau of
Investigation, shall develop and submit to the entities in accordance
with subsection (b) a report assessing homeland security threats of
ghost guns and unfinished frames and receivers associated with a
foreign terrorist organization or other individual in furtherance of an
act of terrorism or targeted violence. Each report shall--
``(1) assess the range of sources for acquiring,
manufacturing, and trafficking ghost guns and unfinished frames
and receivers;
``(2) identify each type of homeland security threat
associated with ghost guns and unfinished frames and receivers;
and
``(3) specify the level of threat associated with each
threat identified pursuant to paragraph (2).''; and
(B) by amending subsection (c) to read as follows:
``(c) Definitions.--In this section:
``(1) Act of terrorism.--The term `act of terrorism' has
the meaning given such term in section 3077 of title 18, United
States Code.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Permanent Select Committee on
Intelligence, the Committee on Homeland Security, and
the Committee on the Judiciary of the House of
Representatives; and
``(B) the Select Committee on Intelligence, the
Committee on Homeland Security and Governmental
Affairs, and the Committee on the Judiciary of the
Senate.
``(3) Domestic terrorism.--The term `domestic terrorism'
has the meaning given that term in section 2331 of title 18,
United States Code.
``(4) Foreign terrorist organization.--The term `foreign
terrorist organization' means an organization designated as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
``(5) Ghost gun.--The term `ghost gun'--
``(A) means a firearm, including a frame or
receiver, that is privately made or which lacks a
unique serial number engraved or cast by a licensed
gunsmith, manufacturer, or importer, or was removed,
obliterated, or altered in accordance with chapter 44
of title 18, United States Code; and
``(B) does not include--
``(i) a firearm that has been rendered
permanently inoperable;
``(ii) a firearm identified by means of a
unique serial number assigned by a State agency
and engraved or cast on the firearm before the
effective date of this Act in accordance with a
State law;
``(iii) a firearm manufactured or imported
before December 16, 1968, or unless the
Attorney General has provided otherwise by
regulation with respect to the specific make
and model of firearm on or before January 1,
2024; or
``(iv) a firearm identified as provided for
under section 5842 of the Internal Revenue Code
of 1986.
``(6) Targeted violence.--The term `targeted violence' has
the meaning given such term in section 6418 of the National
Defense Authorization Act for Fiscal Year 2022 (6 U.S.C. 124h-
1).
``(7) Unfinished frame or receiver.--The term `unfinished
frame or receiver' means--
``(A) a forged, cast, printed, extruded, or
machined body or similar article that is designed to,
or may readily be completed, assembled, or otherwise
converted to, provide the housing or structure, without
regard to whether such housing or structure has been
indexed, drilled, or machined in any way, and without
regard to whether such body or article is sold,
distributed, or marketed with or for any associated
template, jig, mold, equipment, tool, instructions, or
guide; and
``(B) an object that is marketed or sold to become
or be used as the frame or receiver of a functional
firearm once completed, assembled, or converted.''.
(2) Cross-border threats.--Not later than 180 days after
the date of the enactment of this Act, the Under Secretary for
Intelligence and Analysis of the Department of Homeland
Security, in coordination with the Commissioner of U.S. Customs
and Border Protection, the Director of U.S. Immigration and
Customs Enforcement, and the heads of other appropriate Federal
partners, shall develop and disseminate a homeland security
threat assessment regarding cross-border threats associated
with United States-sourced ghost guns and unfinished frames and
receivers, with special attention to ghost guns and unfinished
frames and receivers used by transnational criminal
organizations involved in illicit activity that pose a threat
to the border.
(c) United States Secret Service Activities.--Not later than one
year after the date of the enactment of this Act, the Director of the
United States Secret Service, acting through the Chief of the National
Threat Assessment Center, in coordination with appropriate Federal
partners, shall carry out research and issue public reports that
provide guidance on how to prevent, prepare for, and respond to
homeland security threats, such as an act of terrorism or targeted
violence, associated with ghost guns.
(d) Transportation Security Administration Activities.--Not later
than one year after the date of the enactment of this Act and annually
thereafter, the Administrator of the Transportation Security
Administration shall report to the Committee on Homeland Security of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate regarding the number of violations of
subsection (a) of section 1540.111 of title 49, Code of Federal
Regulations, and any other incidents involving the unauthorized
carriage of a firearm at a passenger screening checkpoint, including
information regarding which such violations and incidents during the
period of time covered by each such report were committed by
individuals while receiving expedited screening, which were repeat
offenses, and which involved a ghost gun. Such reporting shall also
include information regarding trends in the rates of violations and
incidents on a per passenger basis, as well as a description of
Transportation Security Administration efforts during the period of
time covered by each such report to increase public awareness of the
prohibition of unauthorized carriage of a firearm at a passenger
screening checkpoint.
(e) U.S. Immigration and Customs Enforcement Activities.--Not later
than one year after the date of the enactment of this Act, the Director
of U.S. Immigration and Customs Enforcement, acting through the
Executive Associate Director of Homeland Security Investigations,
shall, in coordination with the Commissioner of U.S. Customs and Border
Protection and appropriate Federal partners--
(1) prepare an analysis that includes data from Bureau of
Alcohol, Tobacco, Firearms and Explosives and other Federal
partners regarding homeland security threats, including border
security threats, and cross-border illicit smuggling trends and
patterns associated with United States-sourced firearms,
including ghost guns, recovered in Mexico;
(2) research and develop a mechanism to share aggregated
Federal information regarding United States-sourced firearms,
including ghost guns, recovered in Mexico in support of
carrying out subsection (a); and
(3) develop performance measures to assess the
effectiveness of U.S. Immigration and Customs Enforcement
activities aimed at combatting homeland security threats,
including border security threats, and illicit cross-border
activities involving United States-sourced firearms, including
ghost guns.
(f) Definitions.--In this section:
(1) Act of terrorism.--The term ``act of terrorism'' has
the meaning given such term in section 3077 of title 18, United
States Code.
(2) Fire control component.--The term ``fire control
component'' means a component necessary for a firearm to
initiate or complete the firing sequence, including a hammer,
bolt or breechblock, cylinder, trigger mechanism, firing pin,
striker, and slide rails.
(3) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(4) Ghost gun.--The term ``ghost gun''--
(A) means a firearm, including a frame or receiver,
that is privately made or which lacks a unique serial
number engraved or cast by a licensed gunsmith,
manufacturer, or importer, or was removed, obliterated,
or altered in accordance with chapter 44 of title 18,
United States Code; and
(B) does not include--
(i) a firearm that has been rendered
permanently inoperable;
(ii) a firearm identified by means of a
unique serial number assigned by a State agency
and engraved or cast on the firearm before the
effective date of this Act in accordance with a
State law;
(iii) a firearm manufactured or imported
before December 16, 1968, or unless the
Attorney General has provided otherwise by
regulation with respect to the specific make
and model of firearm on or before January 1,
2024; or
(iv) a firearm identified as provided for
under section 5842 of the Internal Revenue Code
of 1986.
(5) Targeted violence.--The term ``targeted violence'' has
the meaning given such term in section 6418 of the National
Defense Authorization Act for Fiscal Year 2022 (6 U.S.C. 124h-
1).
(6) Unfinished frame or receiver.--The term ``unfinished
frame or receiver'' means--
(A) a forged, cast, printed, extruded, or machined
body or similar article that is designed to, or may
readily be completed, assembled, or otherwise converted
to, provide the housing or structure, without regard to
whether such housing or structure has been indexed,
drilled, or machined in any way, and without regard to
whether such body or article is sold, distributed, or
marketed with or for any associated template, jig,
mold, equipment, tool, instructions, or guide; and
(B) an object that is marketed or sold to become or
be used as the frame or receiver of a functional
firearm once completed, assembled, or converted.
<all>