[House Report 117-624]
[From the U.S. Government Publishing Office]


117th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                          { 117-624

======================================================================
 
 RESOLUTION CALLING FOR THE SUBMISSION TO THE HOUSE OF REPRESENTATIVES 
 OF CERTAIN INFORMATION REGARDING THE DECISION OF THE PRESIDENT OF THE 
           UNITED STATES TO INSTITUTE THE ``GHOST GUN'' RULE

                                _______
                                

 December 13, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                               R E P O R T

                             together with

                             MINORITY VIEWS

                      [To accompany H. Res. 1478]

    The Committee on the Judiciary, to whom was referred the 
resolution (H. Res. 1478) calling for the submission to the 
House of Representatives of certain information regarding the 
decision of the President of the United States to institute the 
``Ghost Gun'' Rule, having considered the same, reports 
unfavorably thereon with an amendment and recommends that the 
resolution not be agreed to.
    The amendments are as follows:

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
Committee Estimate of Budgetary Effects..........................     4
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................     4
Duplication of Federal Programs..................................     4
Performance Goals and Objectives.................................     4
Advisory on Earmarks.............................................     4
Section-by-Section Analysis......................................     5
Minority Views...................................................     5

  Strike all after the resolving clause and insert the 
following:

That President Biden is requested to furnish to the House of 
Representatives not later than 14 days after the adoption of this 
resolution, in a complete and unredacted form, a copy of any documents, 
records, reports, memos, correspondence, or other communication either 
generated or received by the office of President Biden that refers to, 
or relates to the decision of, or the reasoning used by, President 
Biden to institute ATF final rule 2021R-05F, entitled ``Definition of 
`Frame or Receiver' and Identification of Firearms'', published at 87 
Fed. Reg. 24652 (April 26, 2022), also known as the ``Ghost Gun'' Rule.
  Amend the preamble to read as follows:

Calling for the submission to the House of Representatives of certain 
information regarding the decision of President Biden to institute the 
``Ghost Gun''Rule.

                          Purpose and Summary

    H. Res. 1478 is a non-binding resolution of inquiry that 
requests President Biden provide to the House of 
Representatives documents relating to the decision of the 
President to institute Bureau of Alcohol, Tobacco, Firearms and 
Explosives (ATF) final rule 2021R-05F, entitled ``Definition of 
`Frame or Receiver' and Identification of Firearms,'' known as 
the ``Ghost Gun'' Rule, published at 87 Fed. Reg. 24652 (April 
26, 2022). Representative Andrew Clyde (R-GA) introduced the 
resolution on November 16, 2022. It currently has no co-
sponsors.

                Background and Need for the Legislation


                I. BACKGROUND ON RESOLUTIONS OF INQUIRY

    Under the rules and precedents of the House, a resolution 
of inquiry is used to obtain information from the executive 
branch. A resolution of inquiry is directed to the President of 
the United States or the head of a Cabinet-level agency, 
requesting facts within the control of the executive branch.\1\ 
As a ``simple resolution,'' designated by ``H. Res.,'' a 
resolution of inquiry does not carry the force of law. 
``Compliance by the executive branch with the House's request 
is voluntary, resting largely on a sense of comity between co-
equal branches of government and a recognition of the necessity 
for Congress to be well-informed as it legislates.''\2\
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    \1\Christopher M. Davis, Resolutions of Inquiry: An Analysis of 
Their Use in the House, 1947-2011, Cong. Res. Serv. R40879 (May 15, 
2012).
    \2\Id. at 2.
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    House Rules afford resolutions of inquiry a privileged 
parliamentary status. A Member files a resolution of inquiry 
like any other legislation. The resolution is then referred to 
the proper committee of jurisdiction and the committee may: (1) 
report the resolution either favorably or unfavorably; or (2) 
choose not to report the resolution. If the committee does not 
report the resolution to the House within 14 legislative days 
of its introduction, however, a motion to discharge the 
resolution from committee can be made on the House floor.\3\
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    \3\House rule XIII, clause 7.
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                      II. NEED FOR THE LEGISLATION

    This resolution requests that President Biden furnish to 
the House of Representatives, not later than 14 days after the 
adoption of the resolution, in a complete and unredacted form, 
a copy of any documents, records, reports, memos, 
correspondence, or other communication either generated or 
received by the office of President Biden that refers to, or 
relates to the decision of, or the reasoning used by President 
Biden to institute ATF final rule 2021R-05F, entitled 
``Definition of `Frame or Receiver' and Identification of 
Firearms'', published at 87 Fed. Reg. 24652 (April 26, 2022), 
also known as the ``Ghost Gun'' Rule.
    Ghost guns are firearms constructed with component parts 
that can be obtained anonymously, without a background check, 
and which lack serial numbers. Most ghost guns are assembled 
from parts or ``kits.'' These kits, available at in-person 
stores and online, contain all the parts needed to assemble a 
firearm, including unfinished receivers, tools, and step-by-
step instructions. The kits are widely available and can be 
purchased by anyone, including prohibited purchasers, dangerous 
extremists, domestic abusers, and gun traffickers--without a 
background check. Since ghost guns are devoid of serial numbers 
and other identifying marks, they are not traceable by law 
enforcement, making them the perfect weapon for would-be 
criminals. They have even made their way onto school campuses.
    Ghost guns have been linked nationwide to homicides, 
suicides, mass shootings, robberies, shooting deaths of law 
enforcement officers, and domestic violence. From January 2016 
through December 2021, the ATF received reports of more than 
45,000 ghost guns recovered from crime scenes, including nearly 
700 from homicide investigations. Without the ability to trace 
these guns, some crimes go unsolved and the people who 
committed them may harm our communities again. These firearms 
are the fastest-growing gun safety problem facing communities 
across the country.
    Ghost guns were completely unregulated until May 2021, when 
the ATF announced that it would seek to update firearms 
regulations to address the proliferation of ghost guns. On 
April 11, 2022, Attorney General Merrick Garland signed the 
final rule. The rule mandates serialization and background 
checks for certain gun kits and requires the serialization of 
some existing ghost guns.
    Ranking Member Jim Jordan (R-OH) sent a letter to the ATF 
on November 3, 2022, just over a month ago, seeking various 
information from the ATF. In part, this letter follows up on a 
letter sent by Representative Andy Biggs (R-AZ) in August 
2021--well over a year ago--which requested information about 
the ATF's proposed ghost gun rule after it was announced, but 
well before it was finalized. Ranking Member Jordan's recent 
letter acknowledges that the ATF responded to the 2021 letter, 
but now states--sixteen months after that first inquiry--that 
the response was insufficient. The November 3, 2022 letter 
notes that Ranking Member Jordan intends to follow-up in the 
118th Congress.
    Given Ranking Member Jordan's recent contact with the ATF 
about this issue, after his colleague's earlier request for 
information sixteen months ago and timely response, the ATF 
should be given time to respond to his revived inquiry, and 
indeed they have already committed to providing a response. If 
they do not respond, Ranking Member Jordan can follow up in the 
118th Congress. In light of these facts, the resolution is 
unnecessary and therefore the Committee reported the resolution 
without recommendation.

                                Hearings

    The Committee on the Judiciary held no hearings on H. Res. 
1478.

                        Committee Consideration

    On December 7, 2022, the Committee met in open session and 
ordered the resolution, H. Res. 1478, reported without 
recommendation with an amendment in the nature of a substitute, 
by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of House rule XIII, there 
were no rollcall votes on the resolution.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of House rule X, are incorporated in the descriptive portions 
of this report.

                Committee Estimate of Budgetary Effects

    Pursuant to clause 3(d)(1) of House rule XIII, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

               New Budget Authority and Tax Expenditures

    Neither clause 3(c)(2) of House rule XIII and section 
308(a) of the Congressional Budget Act of 1974, nor clause 
(3)(c)(3) of House rule XIII and section 402 of the 
Congressional Budget Act of 1974, are applicable because this 
legislation does not provide new budgetary authority or incur 
costs.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H. Res. 1478 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House rule XIII, H. Res. 1478 requests President Biden furnish 
to the House of Representatives documents relating to the 
decision of, or the reasoning used by President Biden to 
institute ATF final rule 2021R-05F, entitled ``Definition of 
`Frame or Receiver' and Identification of Firearms'', published 
at 87 Fed. Reg. 24652 (April 26, 2022), also known as the 
``Ghost Gun'' Rule.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H. Res. 1478 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clause 9(e), 
9(f), or 9(g) of rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the resolution as 
reported by the Committee.
    H. Res. 1478, a non-binding resolution of inquiry, requests 
President Biden furnish to the House of Representatives, no 
later than 14 days after the adoption of the resolution, 
complete and unredacted copies of any documents, records, 
reports, memos, correspondence, or other communication either 
generated or received by the office of President Biden that 
refers to, or relates to the decision of, or the reasoning used 
by President Biden to institute ATF final rule 2021R-05F, 
entitled ``Definition of `Frame or Receiver' and Identification 
of Firearms'', published at 87 Fed. Reg. 24652 (April 26, 
2022), also known as the ``Ghost Gun'' Rule.

                             Minority Views

    H. Res. 1478 requests the President to provide the House of 
Representatives with documents generated or received by the 
President that refer to or relate to the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives's (ATF) final rule 2021R-05F, 
entitled ``Definition of `Frame or Receiver' and Identification 
of Firearms''.
    On May 21, 2021, ATF published a notice in the Federal 
Register for this rule.\1\ On August 24, 2022, the Department 
of Justice announced that the rule went into effect.\2\ The 
Department stated that ``the new rule modernizes the definition 
of a firearm and makes clear that parts kits that are readily 
convertible to functional weapons, or function as `frames' or 
`receivers' of weapons, are subject to the same regulations as 
traditional firearms.''\3\ The rule expanded the definitions of 
several terms associated with firearms because the current 
regulations allegedly failed to capture the full meaning of 
those terms. The rule also imposed additional marking and 
record-keeping requirements necessary to implement the new 
definitions.\4\
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    \1\Alcohol, Tobacco, Firearms, and Explosives Bureau, Definition of 
``Frame or Receiver'' and Identification of Firearms, 86 Fed. Reg. 
27,720 (May 21, 2021).
    \2\Press Release, U.S. Dep't of Justice, Frame and Receiver Rule 
Goes into Effect, https://www.justice.gov/opa/pr/frame-and-receiver-
rule-goes-effect (Aug. 24, 2022).
    \3\Id.
    \4\Definition of ``Frame or Receiver'' and Identification of 
Firearms, supra note 1 at 27,727.
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    ATF's rule goes well beyond the authority granted to the 
agency in any applicable federal statutes. The rule expands the 
definition of ``frame or receiver'' to include any part of a 
firearm that can house even one mechanism of the firing 
process.\5\ ATF concedes that its ``new definition would more 
broadly define the term `frame or receiver' than the current 
definition.''\6\ Moreover, the rule expands the definition of a 
firearm beyond the intent of Congress. The rule expands the 
definition of a firearm to include ``a weapon parts kit that is 
designed to or may readily be assembled, completed, converted, 
or restored.''\7\ However, the Gun Control Act of 1968 (GCA) 
clearly defines a ``firearm'' in statute as:
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    \5\Id.
    \6\Id.
    \7\Id. at 27,741 (emphasis added).

          (A) any weapon (including a starter gun) which will 
        or is designed to or may readily be converted to expel 
        a projectile by the action of an explosive; (B) the 
        frame or receiver of any such weapon. . . .\8\
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    \8\18 U.S.C. Sec. 921(a)(3).

    When passing the GCA, Congress did not include a ``weapon 
parts kit[s]'' and ATF took it upon itself to include assembled 
and completed in the rule where Congress explicitly left those 
actions out of the governing statute. In fact, ATF unilaterally 
inserted a new definition using language from the Federal 
Firearms Act (FFA) of 1938,\9\ which Congress affirmatively 
repealed when passing the GCA in 1968.\10\ ATF has resurrected 
the FFA's language through its new regulatory definition of 
``the frame or receiver'' so that a single weapon might be 
comprised of multiple ``frames'' and ``receivers.''\11\ Any of 
these ``parts'' in ATF's interpretation would be considered a 
firearm so long as the Director decreed any ``specific part or 
parts of a weapon is the frame or receiver.''\12\ By doing so, 
ATF disregards its controlling statutory language in the GCA 
and ignores Congress's clear legislative intent in repealing 
the FFA.
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    \9\Pub. L. 75-785.
    \10\Pub. L. 90-618.
    \11\Definition of ``Frame or Receiver'' and Identification of 
Firearms, supra note 1 at 27,722.
    \12\Definition of ``Frame or Receiver'' and Identification of 
Firearms, supra note 1 at 27,743.
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    Moreover, ATF's rule creates a new definition to regulate 
privately made firearms without any statutory authorization 
from Congress to do so. ATF erroneously asserts that the GCA 
``required all firearms to be serialized,''\13\ and that to do 
so, ATF must require federal firearms licensees to serialize 
and record any privately made firearms they come across. This 
new mandate will greatly expand the statutory requirement that 
only ``manufacturers'' and ``importers'' must mark guns they 
manufacture or import.\14\ To enforce the serialization 
requirement, ATF seeks to create a new federal crime of 
obliterating the serial number on a privately made firearm and 
to establish a new category of ``dealer-gunsmith'' who must 
serialize and record privately made firearms.\15\
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    \13\See 18 U.S.C. Sec. 923(i); 27 C.F.R. Sec. 478.92(a)(1).
    \14\Definition of ``Frame or Receiver'' and Identification of 
Firearms, supra note 1 at 27,732.
    \15\Definition of ``Frame or Receiver'' and Identification of 
Firearms, supra note 1 at 27,731-32. (ATF claims in the body of the 
proposed regulation that ``this proposed provision is necessary to 
allow ATF to trace all firearms. . . .'')
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    ATF's rule also requires federal firearm licensees (FFLs) 
to retain firearm transaction records in perpetuity or until 
they go out of business. The GCA requires FFLs to maintain 
certain records and authorizes the ATF to inspect these FFL 
records for the purpose of tracing firearms used in crimes.\16\ 
The ATF's new requirement is a stark turn from existing 
regulations, which allow FFLs to destroy firearm transaction 
records after 20 years.\17\ Firearms trace data published on 
ATF's website show that the average time to crime is 7.01 years 
from the point of purchasing a firearm.\18\ This data seems to 
undermine any justification for the ATF's rule requiring 
firearm records be kept in perpetuity.
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    \16\18 U.S.C. Sec. 923(g)(1)(B).
    \17\27 C.F.R. Sec. 478.129.
    \18\Alcohol, Tobacco, Firearms, and Explosives Bureau, Firearms 
Trace Data, Time-to-Crime-Firearms Recovered and Traced in the United 
States and Territories, https://www.atf.gov/resource-center/firearms-
trace-data-2020 (last visited Dec. 3, 2022).
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    On August 10, 2021, Committee Republicans wrote to then-ATF 
Acting Director Marvin Richardson concerning ATF's proposed 
rule to expand definitions of several terms associated with 
firearms.\19\ On September 1, 2021, ATF responded with a half-
page letter, but the agency did not produce any of the 
requested documents or information. Committee Republicans sent 
follow-up letters on November 3, 2022, and on November 28, 
2022, reiterating the outstanding requests and reminding ATF 
that the Committee may be forced to resort to compulsory 
process to obtain the requested materials if they are not 
produced in a timely manner. Committee Republicans will 
continue to press the Biden Administration for answers about 
this rulemaking.
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    \19\Letter from Andy Biggs et al, to Marvin Richardson, Acting 
Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives (Aug. 
10, 2021).
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                                                Jim Jordan,
                                                    Ranking Member.

                         [all]