Preventing Illegal Weapons Trafficking Act of 2023

II 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. MAR- KEY, Mr. MENENDEZ, Mr. MURPHY, Mr. PADILLA, Mr. REED, Mrs. SHA- HEEN, 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Preventing Illegal 4 Weapons Trafficking Act of 2023’’. 5 SEC. 2. DEFINITIONS. 6 In this Act— 7 VerDate Sep 11 2014 05:55 May 03, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1319.IS S1319 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1319 IS (1) the term ‘‘machinegun’’ has the meaning 1 given the term in section 5845 of the Internal Rev- 2 enue Code of 1986; and 3 (2) the term ‘‘machinegun conversion device’’ 4 means any part designed and intended solely and ex- 5 clusively, or combination of parts designed and in- 6 tended, for use in converting a weapon into a ma- 7 chinegun. 8 SEC. 3. PREVENTION AND INTERCEPTION STRATEGY. 9 (a) STRATEGY.— 10 (1) IN GENERAL.—Not later than 120 days 11 after the date of enactment of this Act, the Attorney 12 General, the Secretary of Homeland Security, and 13 the Secretary of the Treasury shall develop and im- 14 plement a strategy to prevent or intercept the impor- 15 tation or trafficking of machinegun conversion de- 16 vices. 17 (2) CONTENTS.—The strategy described in 18 paragraph (1) shall include plans to optimize— 19 (A) the capacity of Federal law enforce- 20 ment agencies to detect, intercept, and seize 21 machinegun conversion devices; 22 (B) the coordination between State and 23 local law enforcement agencies and Federal law 24 enforcement agencies, including the Bureau of 25 VerDate Sep 11 2014 05:55 May 03, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1319.IS S1319 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1319 IS Alcohol, Tobacco, Firearms and Explosives, the 1 Federal Bureau of Investigation, Homeland Se- 2 curity Investigations, and U.S. Customs and 3 Border Protection, when machinegun conversion 4 devices are seized at ports of entry; 5 (C) efforts by the Bureau of Alcohol, To- 6 bacco, Firearms and Explosives to collaborate 7 with State and local law enforcement agencies 8 to identify and trace machinegun conversion de- 9 vices used in crimes, including identifying the 10 source of the device, whether from a foreign 11 country or the United States; 12 (D) training programs provided by Federal 13 law enforcement agencies to aid State and local 14 law enforcement agencies in identifying ma- 15 chinegun conversion devices; 16 (E) the investigation and collection of data 17 regarding the origins of machinegun conversion 18 devices that are seized at ports of entry or re- 19 covered by law enforcement agencies in the 20 United States in order to identify patterns and 21 detect vulnerabilities; and 22 (F) the capacity of Federal law enforce- 23 ment agencies, including the Bureau of Alcohol, 24 Tobacco, Firearms and Explosives, the Federal 25 VerDate Sep 11 2014 05:55 May 03, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1319.IS S1319 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1319 IS Bureau of Investigation, and Homeland Secu- 1 rity Investigations, to detect, intercept, and 2 seize domestically produced machinegun conver- 3 sion devices, including machinegun conversion 4 devices produced using 3D printing technology. 5 (b) REPORTS.— 6 (1) INITIAL REPORT.—Not later than 120 days 7 after the date of enactment of this Act, the Attorney 8 General, the Secretary of Homeland Security, and 9 the Secretary of the Treasury shall submit a report 10 on the strategy developed and implemented under 11 subsection (a), which shall include relevant statis- 12 tical information, to— 13 (A) the Committee on the Judiciary of the 14 Senate; 15 (B) the Committee on Homeland Security 16 and Governmental Affairs of the Senate; 17 (C) the Committee on the Judiciary of the 18 House of Representatives; and 19 (D) the Committee on Homeland Security 20 of the House of Representatives. 21 (2) PERIODIC UPDATES.—Not less frequently 22 than once every 2 years, the Attorney General, the 23 Secretary of Homeland Security, and the Secretary 24 of the Treasury shall submit to the congressional 25 VerDate Sep 11 2014 05:55 May 03, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1319.IS S1319 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1319 IS committees described in paragraph (1) an update to 1 the report submitted under that paragraph that de- 2 scribes progress made on the implementation of the 3 strategy developed under subsection (a). 4 SEC. 4. FORFEITURE OF PROCEEDS FROM MACHINEGUN 5 VIOLATIONS. 6 Section 5872 of the Internal Revenue Code of 1986 7 is amended— 8 (1) in subsection (a), by inserting ‘‘, and any 9 proceeds derived from the illegal trafficking of a ma- 10 chinegun,’’ after ‘‘provisions of this chapter’’; and 11 (2) by adding at the end the following: 12 ‘‘(c) ILLEGAL TRAFFICKING OF A MACHINEGUN.— 13 For purposes of subsection (a), the term ‘illegal trafficking 14 of a machinegun’ means the making, manufacture, impor- 15 tation, exportation, or transfer of a machinegun in viola- 16 tion of the provisions of this chapter or any regulations 17 prescribed under this chapter.’’. 18 SEC. 5. GUN TRAFFICKING REPORT. 19 The Attorney General shall include information about 20 machinegun conversion devices in the annual firearms 21 trafficking report announced by the President on April 7, 22 2021, including— 23 (1) the number of crimes in which machinegun 24 conversion devices are used; and 25 VerDate Sep 11 2014 05:55 May 03, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1319.IS S1319 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1319 IS (2) whether the machinegun conversion devices 1 recovered from crimes described in paragraph (1) 2 are manufactured in the United States or a foreign 3 country. 4 Æ VerDate Sep 11 2014 05:55 May 03, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1319.IS S1319 kjohnson on DSK79L0C42PROD with BILLS