[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2068 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2068

 To provide for the development and use of technology for personalized 
handguns, to require that, within 3 years, all handguns manufactured or 
     sold in, or imported into, the United States incorporate such 
                  technology, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2014

Mr. Markey (for himself and Ms. Warren) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To provide for the development and use of technology for personalized 
handguns, to require that, within 3 years, all handguns manufactured or 
     sold in, or imported into, the United States incorporate such 
                  technology, 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. SHORT TITLE.

    This Act may be cited as the ``Handgun Trigger Safety Act of 
2014''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) It is in the interest of the United States to protect 
        its citizens from handgun violence and accidental firearm 
        deaths.
            (2) Personalizing handguns would prevent unauthorized 
        users, whether children, criminals, or others, from misusing 
        the weapons.
            (3) Personalizing handguns would allow authorized users to 
        continue to lawfully own and use their handguns more safely.
            (4) In 2011, according to the Centers for Disease Control, 
        there were 851 accidental firearm deaths.
            (5) In 2010, according to the Centers for Disease Control, 
        62 people under the age of 15 were killed accidentally with 
        firearms.
            (6) According to the National Crime Victimization Survey, 
        almost 350,000 incidents of firearm theft from private citizens 
        occur each year.
            (7) According to the Federal Bureau of Investigation, 45 
        law enforcement officers were killed with their own firearm 
        between 2002 and 2011.
            (8) According to the Federal Bureau of Investigation, 
        almost half of all murders in the United States in 2011 were 
        committed with handguns.

          TITLE I--TECHNOLOGY FOR PERSONALIZED HANDGUNS GRANTS

SEC. 101. DEFINITIONS.

    In this title:
            (1) Handgun.--The term ``handgun'' has the meaning given 
        the term in section 921(a)(29) of title 18, United States Code.
            (2) Personalized handgun.--The term ``personalized 
        handgun'' means a handgun that--
                    (A) enables only an authorized user of the handgun 
                to fire the handgun; and
                    (B) was manufactured in such a manner that the 
                firing restriction described in subparagraph (A)--
                            (i) is incorporated into the design of the 
                        handgun;
                            (ii) is not sold as an accessory; and
                            (iii) cannot be readily removed or 
                        deactivated.
            (3) Qualified entity.--The term ``qualified entity'' 
        means--
                    (A) a State or unit of local government;
                    (B) a nonprofit or for-profit organization; or
                    (C) an institution of higher education (as defined 
                in section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001)).
            (4) Retrofitted personalized handgun.--The term 
        ``retrofitted personalized handgun'' means a handgun fitted 
        with a device that--
                    (A) enables only an authorized user of the handgun 
                to fire the handgun; and
                    (B) cannot be readily removed or deactivated.

SEC. 102. AUTHORIZATION.

    The Attorney General, acting through the Director of the National 
Institute of Justice (referred to in this title as the ``Director''), 
shall make grants to qualified entities to develop technology for 
personalized handguns.

SEC. 103. APPLICATIONS.

    A qualified entity seeking a grant under this title shall submit to 
the Director an application at such time, in such manner, and 
containing such information as the Director may reasonably require.

SEC. 104. USES OF FUNDS.

    A qualified entity that receives a grant under this title--
            (1) shall use not less than 70 percent of the amount of the 
        grant to develop technology for personalized handguns;
            (2) may use not more than 20 percent of the amount of the 
        grant to develop technology for retrofitted personalized 
        handguns; and
            (3) may use not more than 10 percent of the amount of the 
        grant for administrative costs associated with the development 
        of technology funded under this title.

SEC. 105. TERM; RENEWAL.

    (a) Term.--A grant awarded under this title shall be for a term of 
1 year.
    (b) Renewal.--A qualified entity receiving a grant under this title 
may renew the grant by submitting to the Director an application for 
renewal at such time, in such manner, and containing such information 
as the Director may reasonably require.

SEC. 106. REPORTS.

    (a) Reports to Director.--A qualified entity receiving a grant 
under this title shall submit to the Director such reports, at such 
time, in such manner, and containing such information as the Director 
may reasonably require.
    (b) Reports to Congress.--Each year, the Director shall submit to 
Congress a report that contains a summary of the information submitted 
to the Director under subsection (a) during the previous year.

SEC. 107. REGULATIONS.

    The Director may promulgate such guidelines, rules, regulations, 
and procedures as may be necessary to carry out this title.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$2,000,000 for each of fiscal years 2015 and 2016.

      TITLE II--CONSUMER PRODUCT SAFETY COMMISSION SAFETY STANDARD

SEC. 201. DEFINITIONS.

    In this title:
            (1) Antique firearm; firearm; handgun.--The terms ``antique 
        firearm'', ``firearm'', and ``handgun'' have the meaning given 
        those terms in section 921 of title 18, United States Code.
            (2) Authorized user.--The term ``authorized user'', with 
        respect to a firearm, means--
                    (A) the lawful owner of the firearm; and
                    (B) any individual who is--
                            (i) authorized by the lawful owner of the 
                        firearm to use the firearm; and
                            (ii) authorized, under the law of the State 
                        where the firearm is being used, to own, carry, 
                        or use a firearm in the State.
            (3) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission
            (4) Consumer product safety rule.--The term ``consumer 
        product safety rule'' has the meaning given such term in 
        section 3(a) of the Consumer Product Safety Act (15 U.S.C. 
        2052(a)).
            (5) Manufactured and manufacturer.--The terms 
        ``manufactured'' and ``manufacturer'' have the meaning given 
        such terms in section 3(a) of the Consumer Product Safety Act 
        (15 U.S.C. 2052(a)).
            (6) Personalized handgun.--The term ``personalized 
        handgun'' means a handgun that--
                    (A) enables only an authorized user of a handgun to 
                fire the handgun; and
                    (B) is manufactured in such a manner that the 
                firing restriction described in subparagraph (A)--
                            (i) is incorporated into the design of the 
                        handgun; and
                            (ii) cannot be readily removed or 
                        deactivated.
            (7) Retrofitted personalized handgun.--The term 
        ``retrofitted personalized handgun'' means a handgun fitted 
        with a device that--
                    (A) enables only an authorized user of a handgun to 
                fire the handgun; and
                    (B) attaches to the handgun in a manner such that 
                the device cannot be readily removed or deactivated.
            (8) State and united states.--The terms ``State'' and 
        ``United States'' have the meaning given such terms in section 
        3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).
            (9) To distribute in commerce and distribution in 
        commerce.--The terms ``to distribute in commerce'' and 
        ``distribution in commerce'' have the meaning given such terms 
        in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 
        2052(a)).

SEC. 202. PROHIBITION ON MANUFACTURING AND DISTRIBUTION OF HANDGUNS 
              THAT ARE NOT PERSONALIZED HANDGUNS.

    (a) Prohibition.--
            (1) Manufacturing.--Beginning on the date that is 2 years 
        after the date of enactment of this Act, no person may 
        manufacture in the United States a handgun that is not a 
        personalized handgun.
            (2) Distribution in commerce.--Beginning on the date that 
        is 3 years after the date of enactment of this Act, no person 
        may distribute in commerce any handgun that is not a 
        personalized handgun or a retrofitted personalized handgun.
            (3) Exemptions for antique firearms and military 
        firearms.--Paragraphs (1) and (2) shall not apply to--
                    (A) an antique firearm;
                    (B) the manufacture of a firearm that is sold to 
                the Department of Defense; or
                    (C) the sale or distribution of a firearm to the 
                Department of Defense.
    (b) Enforcement by Consumer Product Safety Commission.--
            (1) Treatment of violation.--Notwithstanding section 
        3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 
        2052(a)(5)(E)), a violation of subsection (a) or any rule 
        promulgated by the Commission pursuant to paragraph (4) shall 
        be treated as a violation of section 19(a)(1) of the Consumer 
        Product Safety Act (15 U.S.C. 2068(a)(1)).
            (2) Treatment as consumer product safety standards.--
        Notwithstanding section 3(a)(5)(E) of the Consumer Product 
        Safety Act (15 U.S.C. 2052(a)(5)(E)), subsection (a) and any 
        rule promulgated pursuant to paragraph (4) shall be considered 
        consumer product safety rules.
            (3) Powers of commission.--
                    (A) In general.--The Commission shall enforce this 
                section in the same manner, by the same means, and with 
                the same jurisdiction, powers, and duties as though all 
                applicable terms and provisions of the Consumer Product 
                Safety Act (15 U.S.C. 2051 et seq.) were incorporated 
                into and made a part of this section.
                    (B) Privileges and immunities.--Any person who 
                violates this section shall be subject to the penalties 
                and entitled to the privileges and immunities provided 
                in the Consumer Product Safety Act (15 U.S.C. 2051 et 
                seq.).
            (4) Regulations.--The Commission, in consultation with the 
        Attorney General and the Director of the National Institute of 
        Justice, may promulgate such rules as the Commission considers 
        appropriate to carry out this section.
    (c) Enforcement by States.--If an attorney general, other official, 
or agency of a State has reason to believe that an interest of the 
residents of the State has been or is threatened or adversely affected 
by a person who violates subsection (a), the attorney general, 
official, or agency may bring a civil action on behalf of the residents 
of the State against the person in an appropriate district court of the 
United States to enjoin any further such violation and for other relief 
as may be appropriate.
    (d) Cost of Retrofitting.--
            (1) Cost borne by manufacturers.--Upon the request of the 
        owner of a handgun that was manufactured in the United States 
        and that is not a personalized handgun or retrofitted 
        personalized handgun, the manufacturer of the handgun--
                    (A) shall--
                            (i) retrofit the handgun so that the 
                        handgun is a retrofitted personalized handgun; 
                        and
                            (ii) return the handgun to the owner within 
                        a reasonable period of time; and
                    (B) may not request compensation for the retrofit 
                from the owner.
            (2) Rulemaking.--Not later than 1 year after the date of 
        enactment of this Act, the Commission, in consultation with the 
        Attorney General and the Director of the National Institute of 
        Justice, shall by regulation establish the maximum period of 
        time within which a manufacturer that receives a request from 
        the owner of a handgun under paragraph (1) shall retrofit and 
        return the handgun to the owner.
            (3) Reimbursement from department of justice assets 
        forfeiture fund.--Section 524(c) of title 28, United States 
        Code, is amended--
                    (A) in subparagraph (H), by striking ``and'' at the 
                end;
                    (B) in subparagraph (I), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting after subparagraph (I) the 
                following:
            ``(J) payments to reimburse manufacturers of handguns for 
        the costs of retrofitting handguns to comply with the 
        requirement under section 202(d)(1) of the Handgun Trigger 
        Safety Act of 2014.''.
    (e) Relation to State Law.--Nothing in this section or the Consumer 
Product Safety Act (15 U.S.C. 2051 et seq.) shall be construed to 
preempt or otherwise affect any State requirement with respect to any 
handgun not specifically regulated in a consumer product safety 
standard under the Consumer Product Safety Act.

TITLE III--EXEMPTION FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT

SEC. 301. EXEMPTIONS FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS 
              ACT.

    Section 4 of the Protection of Lawful Commerce in Arms Act (15 
U.S.C. 7903) is amended--
            (1) in paragraph (4)--
                    (A) by striking ``The term `qualified product' 
                means'' and inserting the following: ``The term 
                `qualified product'--
                            ``(i) except as provided in clause (ii), 
                        means'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
                            ``(ii) does not include a handgun that--
                                    ``(I) is manufactured on or after 
                                the date that is 2 years after the date 
                                of enactment of the Handgun Trigger 
                                Safety Act of 2014; and
                                    ``(II) is not a--
                                            ``(aa) personalized 
                                        handgun; or
                                            ``(bb) retrofitted 
                                        personalized handgun.''; and
            (2) by adding at the end the following:
            ``(10) Authorized user.--The term `authorized user', with 
        respect to a handgun, means--
                    ``(A) the lawful owner of the firearm; and
                    ``(B) any individual who is--
                            ``(i) authorized by the lawful owner of the 
                        firearm to use the firearm; and
                            ``(ii) authorized, under the law of the 
                        State where the firearm is being used, to own, 
                        carry, or use a firearm in the State.
            ``(11) Handgun.--The term `handgun' has the meaning given 
        the term in section 921(a)(29) of title 18, United States Code.
            ``(12) Personalized handgun.--The term `personalized 
        handgun' means a handgun that--
                    ``(A) enables only an authorized user of the 
                handgun to fire the handgun; and
                    ``(B) is manufactured in such a manner that the 
                firing restriction described in subparagraph (A)--
                            ``(i) is incorporated into the design of 
                        the handgun; and
                            ``(ii) cannot be readily removed or 
                        deactivated.
            ``(13) Retrofitted personalized handgun.--The term 
        `retrofitted personalized handgun' means a handgun fitted with 
        a device that--
                    ``(A) enables only an authorized user of the 
                handgun to fire the handgun; and
                    ``(B) attaches to the handgun in a manner such that 
                the device cannot be readily removed or deactivated.''.
                                 <all>