[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2217 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2217

   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

                              May 10, 2005

 Mr. Engel (for himself and Mr. Owens) 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. 39. 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:

``39. 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 39 
of the Consumer Product Safety Act, such sums to remain available until 
expended.
                                 <all>