[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 499 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 499
To amend the Consumer Product Safety Act to confirm the Consumer
Product Safety Commission's jurisdiction over child safety devices for
handguns, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2001
Mr. Engel (for himself and Mr. Markey) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Consumer Product Safety Act to confirm the Consumer
Product Safety Commission's jurisdiction over child safety devices for
handguns, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.
(a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et
seq.) is amended by adding at the end thereof the following:
``SEC. 38. CHILD HANDGUN SAFETY DEVICES.
``(a) Establishment of Standard.--
``(1) In general.--
``(A) Rulemaking required.--Notwithstanding section
3(a)(1)(E) of this Act, the Commission shall initiate a
rulemaking proceeding under section 553 of title 5,
United States Code, within 90 days after the date of
enactment of this section to establish a consumer
product safety standard for handgun locks. The
Commission may extend the 90-day period for good cause.
Notwithstanding any other provision of law, including
chapter 5 of title 5, United States Code, the
Commission shall promulgate a final consumer product
safety standard under this paragraph within 12 months
after the date on which it initiated the rulemaking.
The Commission may extend that 12-month period for good
cause. The consumer product safety standard promulgated
under this paragraph shall take effect 6 months after
the date on which the final standard is promulgated.
``(B) Standard requirements.--The standard
promulgated under subparagraph (A) shall require gun
locks that--
``(i) are sufficiently difficult for
children to de-activate or remove; and
``(ii) prevent the discharge of the handgun
unless the gunlock has been de-activated or
removed.
``(2) Certain provisions not to apply.--
``(A) Provisions of this act.--Sections 7, 9, and
30(d) of this Act do not apply to the rulemaking
proceeding under paragraph (1). Section 11 of this Act
does not apply to any consumer product safety standard
promulgated under paragraph (1).
``(B) Chapter 5 of title 5.--Except for section
553, chapter 5 of title 5, United States Code, does not
apply to this section.
``(C) Chapter 6 of title 5.--Chapter 6 of title 5,
United States Code, does not apply to this section.
``(D) National environmental policy act.--The
National Environmental Policy Act of 1969 (42 U.S.C.
4321) does not apply to this section.
``(b) No Effect on State Law.--Notwithstanding section 26 of this
Act, this section does not annul, alter, impair, affect, or exempt any
person subject to the provisions of this section from complying with
any provision of the law of any State or any political subdivision
thereof, except to the extent that such provisions of State law are
inconsistent with any provision of this section, and then only to the
extent of the inconsistency. A provision of State law is not
inconsistent with this section if such provision affords greater
protection to children in respect of handguns than is afforded by this
section.
``(c) Enforcement.--Notwithstanding subsection (a)(2)(A), the
consumer product safety standard promulgated by the Commission under
subsection (a) shall be enforced under this Act as if it were a
consumer product safety standard described in section 7(a).
``(d) Definitions.--In this section:
``(1) Child.--The term `child' means an individual who has
not attained the age of 13 years.
``(2) Handgun lock.--The term `handgun lock' means any
disabling or locking device that is not built into the handgun
at the time of manufacture and that is designed to prevent the
handgun from being discharged unless the device has been
deactivated or removed.
``(3) Handgun.--The term `handgun'--
``(A) has the meaning given that term in section
921(a) of title 18, United States Code; and
``(B) includes any article taxable at the rate of
10 percent under section 4181 of the Internal Revenue
Code of 1986 (26 U.S.C. 4181).
``(4) Incorporated definitions.--The terms `licensed
importer', `licensed manufacturer', and `licensed dealer' have
the meanings given those terms in section 921(a) of title 18,
United States Code.''.
(b) Conforming Amendment.--Section 1 of the Consumer Product Safety
Act is amended by adding at the end of the table of contents the
following:
``Sec. 38. Child handgun safety devices.''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Consumer Product
Safety Commission $2,000,000 to carry out the provisions of section 38
of the Consumer Product Safety Act, such sums to remain available until
expended.
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