HR2698-119

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 Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new section: Not later than one year after the date of the enactment of this section, the Secretary, acting through the Under Secretary for Strategy, Policy, and Plans of the Department, shall issue a Department-wide strategy to bolster security against threats posed by ghost guns, in order to improve prevention, preparedness, and response to homeland security threats, such as an act of terrorism or targeted violence, associated with ghost guns. Such strategy shall identify the following activities: Across the Department related to ghost guns and approaches to enhance cross-component information sharing and collaboration. With Federal, State, local, Tribal, and territorial partners related to ghost guns and approaches to enhance the Department’s collaboration with such partners. Not later than 180 days after the date of the enactment of this section, the Under Secretary for Intelligence and Analysis of the Department, 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 partially complete frames and receivers, with special attention to ghost guns and partially complete frames and receivers used by transnational criminal organizations involved in illicit activity that pose a security threat to the border. Not later than one year after the date of the enactment of this section, 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 regarding how to prevent, prepare for, and respond to homeland security threats, such as an act of terrorism or targeted violence, associated with ghost guns. Not later than one year after the date of the enactment of this section 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 described in such subsection (a) of section 1540.111 of title 49, Code of Federal Regulations. Not later than one year after the date of the enactment of this section, 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, carry out the following: Prepare an analysis that includes data from the 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. 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 the strategy under subsection (a). 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. 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, in consultation with the Director of the Federal Bureau of Investigation, shall develop a report assessing homeland security threats of ghost guns and partially complete frames and receivers associated with a foreign terrorist organization or other individual in furtherance of an act of terrorism or targeted violence. Each such report shall— assess the range of sources for acquiring, manufacturing, and trafficking ghost guns and partially complete frames and receivers; identify each type of homeland security threat associated with ghost guns and partially complete frames and receivers; and specify the level of threat associated with each threat identified pursuant to paragraph (2). Consistent with the protection of classified and confidential unclassified information, the Under Secretary for Intelligence and Analysis shall— submit the initial report required under paragraph (1) to Federal, State, local, Tribal, and territorial law enforcement officials, including officials who operate within State, local, and regional fusion centers under the Department of Homeland Security State, Local, and Regional Fusion Center Initiative established by section 210A; and submit each report required under paragraph (1) to the appropriate congressional committees. In this section: The term act of terrorism has the meaning given such term in section 3077 of title 18, United States Code. The term appropriate congressional committees means— the Permanent Select Committee on Intelligence, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and the Select Committee on Intelligence, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate. The term domestic terrorism has the meaning given such term in section 2331 of title 18, United States Code. The term firearm has the meaning given such term in section 921 of title 18, United States Code. 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). The term ghost gun has the meaning given the term privately made firearm in section 478.11 of title 27, Code of Federal Regulations. The term targeted violence has the meaning given such term in section 6418 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 6 U.S.C. 124h–1). The term partially complete frame or receiver means a partially complete, disassembled, or nonfunctional frame or receiver, as such term is described in section 478.12(c) of title 27, Code of Federal Regulations. The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 890D the following new item: 890E.Policy to bolster security against threats posed by ghost guns(a)In generalNot later than one year after the date of the enactment of this section, the Secretary, acting through the Under Secretary for Strategy, Policy, and Plans of the Department, shall issue a Department-wide strategy to bolster security against threats posed by ghost guns, in order to improve prevention, preparedness, and response to homeland security threats, such as an act of terrorism or targeted violence, associated with ghost guns. Such strategy shall identify the following activities:(1)Across the Department related to ghost guns and approaches to enhance cross-component information sharing and collaboration.(2)With Federal, State, local, Tribal, and territorial partners related to ghost guns and approaches to enhance the Department’s collaboration with such partners.(b)Cross-Border threatsNot later than 180 days after the date of the enactment of this section, the Under Secretary for Intelligence and Analysis of the Department, 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 partially complete frames and receivers, with special attention to ghost guns and partially complete frames and receivers used by transnational criminal organizations involved in illicit activity that pose a security threat to the border.(c)United States Secret Service activitiesNot later than one year after the date of the enactment of this section, 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 regarding 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 activitiesNot later than one year after the date of the enactment of this section 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 described in such subsection (a) of section 1540.111 of title 49, Code of Federal Regulations.(e)U.S. Immigration and Customs Enforcement activitiesNot later than one year after the date of the enactment of this section, 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, carry out the following:(1)Prepare an analysis that includes data from the 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 the strategy under subsection (a).(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)Office of Intelligence and Analysis reports(1)In generalNot 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, in consultation with the Director of the Federal Bureau of Investigation, shall develop a report assessing homeland security threats of ghost guns and partially complete frames and receivers associated with a foreign terrorist organization or other individual in furtherance of an act of terrorism or targeted violence. Each such report shall—(A)assess the range of sources for acquiring, manufacturing, and trafficking ghost guns and partially complete frames and receivers;(B)identify each type of homeland security threat associated with ghost guns and partially complete frames and receivers; and(C)specify the level of threat associated with each threat identified pursuant to paragraph (2).(2)Dissemination of reportsConsistent with the protection of classified and confidential unclassified information, the Under Secretary for Intelligence and Analysis shall—(A)submit the initial report required under paragraph (1) to Federal, State, local, Tribal, and territorial law enforcement officials, including officials who operate within State, local, and regional fusion centers under the Department of Homeland Security State, Local, and Regional Fusion Center Initiative established by section 210A; and(B)submit each report required under paragraph (1) to the appropriate congressional committees.(g)DefinitionsIn this section:(1)Act of terrorismThe term act of terrorism has the meaning given such term in section 3077 of title 18, United States Code.(2)Appropriate congressional committeesThe 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 terrorismThe term domestic terrorism has the meaning given such term in section 2331 of title 18, United States Code.(4)FirearmThe term firearm has the meaning given such term in section 921 of title 18, United States Code.(5)Foreign terrorist organizationThe 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).(6)Ghost gunThe term ghost gun has the meaning given the term privately made firearm in section 478.11 of title 27, Code of Federal Regulations.(7)Targeted violenceThe term targeted violence has the meaning given such term in section 6418 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 6 U.S.C. 124h–1).(8)Partially complete frame or receiverThe term partially complete frame or receiver means a partially complete, disassembled, or nonfunctional frame or receiver, as such term is described in section 478.12(c) of title 27, Code of Federal Regulations.. Sec. 890E. Policy to bolster security against threats posed by ghost guns..

890E. Policy to bolster security against threats posed by ghost guns Not later than one year after the date of the enactment of this section, the Secretary, acting through the Under Secretary for Strategy, Policy, and Plans of the Department, shall issue a Department-wide strategy to bolster security against threats posed by ghost guns, in order to improve prevention, preparedness, and response to homeland security threats, such as an act of terrorism or targeted violence, associated with ghost guns. Such strategy shall identify the following activities: Across the Department related to ghost guns and approaches to enhance cross-component information sharing and collaboration. With Federal, State, local, Tribal, and territorial partners related to ghost guns and approaches to enhance the Department’s collaboration with such partners. Not later than 180 days after the date of the enactment of this section, the Under Secretary for Intelligence and Analysis of the Department, 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 partially complete frames and receivers, with special attention to ghost guns and partially complete frames and receivers used by transnational criminal organizations involved in illicit activity that pose a security threat to the border. Not later than one year after the date of the enactment of this section, 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 regarding how to prevent, prepare for, and respond to homeland security threats, such as an act of terrorism or targeted violence, associated with ghost guns. Not later than one year after the date of the enactment of this section 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 described in such subsection (a) of section 1540.111 of title 49, Code of Federal Regulations. Not later than one year after the date of the enactment of this section, 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, carry out the following: Prepare an analysis that includes data from the 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. 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 the strategy under subsection (a). 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. 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, in consultation with the Director of the Federal Bureau of Investigation, shall develop a report assessing homeland security threats of ghost guns and partially complete frames and receivers associated with a foreign terrorist organization or other individual in furtherance of an act of terrorism or targeted violence. Each such report shall— assess the range of sources for acquiring, manufacturing, and trafficking ghost guns and partially complete frames and receivers; identify each type of homeland security threat associated with ghost guns and partially complete frames and receivers; and specify the level of threat associated with each threat identified pursuant to paragraph (2). Consistent with the protection of classified and confidential unclassified information, the Under Secretary for Intelligence and Analysis shall— submit the initial report required under paragraph (1) to Federal, State, local, Tribal, and territorial law enforcement officials, including officials who operate within State, local, and regional fusion centers under the Department of Homeland Security State, Local, and Regional Fusion Center Initiative established by section 210A; and submit each report required under paragraph (1) to the appropriate congressional committees. In this section: The term act of terrorism has the meaning given such term in section 3077 of title 18, United States Code. The term appropriate congressional committees means— the Permanent Select Committee on Intelligence, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and the Select Committee on Intelligence, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate. The term domestic terrorism has the meaning given such term in section 2331 of title 18, United States Code. The term firearm has the meaning given such term in section 921 of title 18, United States Code. 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). The term ghost gun has the meaning given the term privately made firearm in section 478.11 of title 27, Code of Federal Regulations. The term targeted violence has the meaning given such term in section 6418 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 6 U.S.C. 124h–1). The term partially complete frame or receiver means a partially complete, disassembled, or nonfunctional frame or receiver, as such term is described in section 478.12(c) of title 27, Code of Federal Regulations.