Preventing Illegal Weapons Trafficking Act of 2023



<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1319 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1319

 To address the importation and proliferation of machinegun conversion 
                                devices.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2023

Ms. Klobuchar (for herself, Mr. Peters, Mr. Blumenthal, Mr. Casey, Mr. 
   Durbin, Mrs. Feinstein, Mr. Heinrich, Ms. Hirono, Mr. Markey, Mr. 
 Menendez, Mr. Murphy, Mr. Padilla, Mr. Reed, Mrs. Shaheen, Ms. Smith, 
Mr. Whitehouse, and Mr. Wyden) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To address the importation and proliferation of machinegun conversion 
                                devices.

    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 ``Preventing Illegal Weapons 
Trafficking Act of 2023''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``machinegun'' has the meaning given the term 
        in section 5845 of the Internal Revenue Code of 1986; and
            (2) the term ``machinegun conversion device'' means any 
        part designed and intended solely and exclusively, or 
        combination of parts designed and intended, for use in 
        converting a weapon into a machinegun.

SEC. 3. PREVENTION AND INTERCEPTION STRATEGY.

    (a) Strategy.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Attorney General, the Secretary of 
        Homeland Security, and the Secretary of the Treasury shall 
        develop and implement a strategy to prevent or intercept the 
        importation or trafficking of machinegun conversion devices.
            (2) Contents.--The strategy described in paragraph (1) 
        shall include plans to optimize--
                    (A) the capacity of Federal law enforcement 
                agencies to detect, intercept, and seize machinegun 
                conversion devices;
                    (B) the coordination between State and local law 
                enforcement agencies and Federal law enforcement 
                agencies, including the Bureau of Alcohol, Tobacco, 
                Firearms and Explosives, the Federal Bureau of 
                Investigation, Homeland Security Investigations, and 
                U.S. Customs and Border Protection, when machinegun 
                conversion devices are seized at ports of entry;
                    (C) efforts by the Bureau of Alcohol, Tobacco, 
                Firearms and Explosives to collaborate with State and 
                local law enforcement agencies to identify and trace 
                machinegun conversion devices used in crimes, including 
                identifying the source of the device, whether from a 
                foreign country or the United States;
                    (D) training programs provided by Federal law 
                enforcement agencies to aid State and local law 
                enforcement agencies in identifying machinegun 
                conversion devices;
                    (E) the investigation and collection of data 
                regarding the origins of machinegun conversion devices 
                that are seized at ports of entry or recovered by law 
                enforcement agencies in the United States in order to 
                identify patterns and detect vulnerabilities; and
                    (F) the capacity of Federal law enforcement 
                agencies, including the Bureau of Alcohol, Tobacco, 
                Firearms and Explosives, the Federal Bureau of 
                Investigation, and Homeland Security Investigations, to 
                detect, intercept, and seize domestically produced 
                machinegun conversion devices, including machinegun 
                conversion devices produced using 3D printing 
                technology.
    (b) Reports.--
            (1) Initial report.--Not later than 120 days after the date 
        of enactment of this Act, the Attorney General, the Secretary 
        of Homeland Security, and the Secretary of the Treasury shall 
        submit a report on the strategy developed and implemented under 
        subsection (a), which shall include relevant statistical 
        information, to--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on the Judiciary of the House of 
                Representatives; and
                    (D) the Committee on Homeland Security of the House 
                of Representatives.
            (2) Periodic updates.--Not less frequently than once every 
        2 years, the Attorney General, the Secretary of Homeland 
        Security, and the Secretary of the Treasury shall submit to the 
        congressional committees described in paragraph (1) an update 
        to the report submitted under that paragraph that describes 
        progress made on the implementation of the strategy developed 
        under subsection (a).

SEC. 4. FORFEITURE OF PROCEEDS FROM MACHINEGUN VIOLATIONS.

    Section 5872 of the Internal Revenue Code of 1986 is amended--
            (1) in subsection (a), by inserting ``, and any proceeds 
        derived from the illegal trafficking of a machinegun,'' after 
        ``provisions of this chapter''; and
            (2) by adding at the end the following:
    ``(c) Illegal Trafficking of a Machinegun.--For purposes of 
subsection (a), the term `illegal trafficking of a machinegun' means 
the making, manufacture, importation, exportation, or transfer of a 
machinegun in violation of the provisions of this chapter or any 
regulations prescribed under this chapter.''.

SEC. 5. GUN TRAFFICKING REPORT.

    The Attorney General shall include information about machinegun 
conversion devices in the annual firearms trafficking report announced 
by the President on April 7, 2021, including--
            (1) the number of crimes in which machinegun conversion 
        devices are used; and
            (2) whether the machinegun conversion devices recovered 
        from crimes described in paragraph (1) are manufactured in the 
        United States or a foreign country.
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