118 S1319 IS: Preventing Illegal Weapons Trafficking Act of 2023
U.S. Senate
2023-04-26
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II
118th CONGRESS
1st Session
S. 1319
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.
1.

Short title
This Act may be cited as the “Preventing Illegal Weapons Trafficking Act of 2023”.
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.
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).
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.”.
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.