Preventing Illegal Weapons Trafficking Act of 2023

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2909 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 2909

 To address the importation and proliferation of machinegun conversion
                                devices.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2023

 Ms. Spanberger (for herself and Mr. Casten) introduced the following
  bill; which was referred to the Committee on Ways and Means, and in
addition to the Committees on the Judiciary, and Homeland Security, 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 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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