I 118th CONGRESS 1st Session H. R. 5460 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.

1. Short title This Act may be cited as the Bolstering Security Against Ghost Guns Act . 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.