```

[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>
```