[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7910 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 260
117th CONGRESS
  2d Session
                                H. R. 7910

                      [Report No. 117-346, Part I]

To amend title 18, United States Code, to provide for an increased age 
  limit on the purchase of certain firearms, prevent gun trafficking, 
 modernize the prohibition on untraceable firearms, encourage the safe 
              storage of firearms, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 31, 2022

 Mr. Nadler (for himself, Mr. Thompson of California, and Ms. Jackson 
Lee) introduced the following bill; which was referred to the Committee 
 on the Judiciary, and in addition to the Committee on Ways and Means, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

                              June 6, 2022

     Additional sponsors: Ms. Adams, Mr. Aguilar, Mr. Allred, Mr. 
Auchincloss, Ms. Barragan, Ms. Bass, Mrs. Beatty, Mr. Bera, Mr. Beyer, 
 Mr. Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, Ms. Bourdeaux, Mr. 
 Bowman, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown of Maryland, 
  Ms. Brown of Ohio, Ms. Brownley, Mrs. Bustos, Mr. Butterfield, Mr. 
   Carbajal, Mr. Cardenas, Mr. Carson, Mr. Carter of Louisiana, Mr. 
  Casten, Ms. Castor of Florida, Mr. Castro of Texas, Mrs. Cherfilus-
  McCormick, Ms. Chu, Mr. Cicilline, Ms. Clark of Massachusetts, Mr. 
 Cleaver, Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. Correa, Mr. Costa, 
Mr. Courtney, Mr. Crist, Mr. Danny K. Davis of Illinois, Ms. Dean, Ms. 
 DeGette, Ms. DeLauro, Ms. DelBene, Mrs. Demings, Mr. DeSaulnier, Mr. 
      Deutch, Mrs. Dingell, Mr. Doggett, Mr. Michael F. Doyle of 
 Pennsylvania, Ms. Escobar, Ms. Eshoo, Mr. Espaillat, Mr. Evans, Mrs. 
  Fletcher, Mr. Foster, Ms. Lois Frankel of Florida, Mr. Gallego, Mr. 
Garamendi, Ms. Garcia of Texas, Mr. Garcia of Illinois, Mr. Gomez, Mr. 
 Gottheimer, Mr. Green of Texas, Mr. Grijalva, Mrs. Hayes, Mr. Higgins 
   of New York, Mr. Himes, Mr. Horsford, Mr. Huffman, Ms. Jacobs of 
   California, Ms. Jayapal, Mr. Jeffries, Ms. Johnson of Texas, Mr. 
Johnson of Georgia, Mr. Jones, Mr. Kahele, Mr. Keating, Mr. Khanna, Mr. 
Kildee, Mr. Kilmer, Mrs. Kirkpatrick, Mr. Krishnamoorthi, Mr. Lamb, Mr. 
  Langevin, Mr. Larsen of Washington, Mr. Larson of Connecticut, Mrs. 
  Lawrence, Ms. Lee of California, Ms. Leger Fernandez, Mr. Levin of 
     Michigan, Mr. Levin of California, Mr. Lieu, Ms. Lofgren, Mr. 
 Lowenthal, Mr. Lynch, Mr. Malinowski, Mr. Sean Patrick Maloney of New 
  York, Mrs. Carolyn B. Maloney of New York, Ms. Manning, Ms. Matsui, 
Mrs. McBath, Ms. McCollum, Mr. McEachin, Mr. McGovern, Ms. Kuster, Mr. 
 McNerney, Mr. Meeks, Ms. Meng, Mr. Mfume, Ms. Moore of Wisconsin, Mr. 
  Morelle, Mr. Moulton, Mrs. Napolitano, Mr. Neguse, Ms. Newman, Mr. 
  Norcross, Ms. Norton, Ms. Ocasio-Cortez, Ms. Omar, Mr. Pallone, Mr. 
   Pascrell, Mr. Payne, Mr. Perlmutter, Mr. Peters, Ms. Pingree, Ms. 
  Plaskett, Mr. Pocan, Ms. Pressley, Mr. Price of North Carolina, Mr. 
    Quigley, Mr. Raskin, Ms. Ross, Ms. Roybal-Allard, Mr. Ruiz, Mr. 
  Ruppersberger, Mr. Rush, Mr. Sablan, Ms. Sanchez, Mr. Sarbanes, Ms. 
   Scanlon, Ms. Schakowsky, Mr. Schiff, Mr. Schneider, Mr. Scott of 
Virginia, Ms. Sewell, Mr. Sherman, Mr. Sires, Mr. Smith of Washington, 
 Mr. Soto, Ms. Speier, Ms. Stansbury, Ms. Stevens, Ms. Strickland, Mr. 
Suozzi, Mr. Swalwell, Mr. Takano, Ms. Titus, Ms. Tlaib, Mr. Tonko, Mr. 
Torres of New York, Mrs. Torres of California, Mrs. Trahan, Mr. Trone, 
 Ms. Underwood, Mr. Vargas, Ms. Velazquez, Ms. Wasserman Schultz, Ms. 
  Waters, Mrs. Watson Coleman, Mr. Welch, Ms. Wexton, Ms. Williams of 
            Georgia, Ms. Wilson of Florida, and Mr. Yarmuth

                              June 6, 2022

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              June 6, 2022

 Committee on Ways and Means discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 31, 
                                 2022]

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to provide for an increased age 
  limit on the purchase of certain firearms, prevent gun trafficking, 
 modernize the prohibition on untraceable firearms, encourage the safe 
              storage of firearms, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protecting Our 
Kids Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                         TITLE I--RAISE THE AGE

Sec. 101. Prohibition on Federal firearms licensee selling or 
                            delivering certain semiautomatic centerfire 
                            rifles or semiautomatic centerfire shotguns 
                            to a person under 21 years of age, with 
                            exceptions.
Sec. 102. Operation of the Federal Bureau of Investigation's public 
                            access line.

                   TITLE II--PREVENT GUN TRAFFICKING

Sec. 201. Prohibition on straw purchases of firearms; prohibition on 
                            gun trafficking.
Sec. 202. Prohibition on disposition of firearm to person intending 
                            unlawful further disposition.
Sec. 203. Penalties.
Sec. 204. Firearms subject to forfeiture.

                    TITLE III--UNTRACEABLE FIREARMS

Sec. 301. Requirement that all firearms be traceable.
Sec. 302. Modernization of the prohibition on undetectable firearms.

                         TITLE IV--SAFE STORAGE

Sec. 401. Ethan's Law.
Sec. 402. Safe guns, safe kids.
Sec. 403. Kimberly Vaughan Firearm Safe Storage.

                TITLE V--CLOSING THE BUMP STOCK LOOPHOLE

Sec. 501. Bump stocks.

                     TITLE VI--KEEP AMERICANS SAFE

Sec. 601. Definitions.
Sec. 602. Restrictions on large capacity ammunition feeding devices.
Sec. 603. Penalties.
Sec. 604. Use of Byrne grants for buy-back programs for large capacity 
                            ammunition feeding devices.

                        TITLE VII--MISCELLANEOUS

Sec. 701. NICS Report.

                         TITLE I--RAISE THE AGE

SEC. 101. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR 
              DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES OR 
              SEMIAUTOMATIC CENTERFIRE SHOTGUNS TO A PERSON UNDER 21 
              YEARS OF AGE, WITH EXCEPTIONS.

    (a) In General.--Section 922(b)(1) of title 18, United States Code, 
is amended to read as follows:
            ``(1)(A) any firearm or ammunition to any individual who 
        the licensee knows or has reasonable cause to believe has not 
        attained 18 years of age;
            ``(B) any semiautomatic centerfire rifle or semiautomatic 
        centerfire shotgun that has, or has the capacity to accept, an 
        ammunition feeding device with a capacity exceeding 5 rounds, 
        to any individual who the licensee knows or has reasonable 
        cause to believe has not attained 21 years of age and is not a 
        qualified individual; or
            ``(C) if the firearm or ammunition is not a semiautomatic 
        centerfire rifle or semiautomatic centerfire shotgun described 
        in subparagraph (B) and is other than a shotgun or rifle, or 
        ammunition for a shotgun or rifle, to any individual who the 
        licensee knows or has reasonable cause to believe has not 
        attained 21 years of age;''.
    (b) Conforming Amendment.--Section 922(c)(1) of such title is 
amended by striking ``in the case of any firearm'' and all that follows 
through ``eighteen years or more of age'' and inserting ``(1) in the 
case of a semiautomatic centerfire rifle or semiautomatic centerfire 
shotgun that has, or has the capacity to accept, an ammunition feeding 
device with a capacity exceeding 5 rounds, I am at least 21 years of 
age or a qualified individual (as defined in section 921(a)(30) of 
title 18, United States Code), (2) in the case of a firearm other than 
a shotgun, a rifle, or such a semiautomatic centerfire rifle or 
semiautomatic centerfire shotgun, I am at least 21 years of age, or (3) 
in the case of any other shotgun or rifle, I am at least 18 years of 
age''.
    (c) Qualified Individual Defined.--Section 921(a) of such title is 
amended by inserting after paragraph (29) the following:
    ``(30) The term `qualified individual' means--
            ``(A) a member of the Armed Forces on active duty; and
            ``(B) a full-time employee of the United States, a State, 
        or a political subdivision of a State who in the course of his 
        or her official duties is authorized to carry a firearm.
    ``(31) The term `ammunition feeding device' means a magazine, belt, 
drum, feed strip, or similar device, but does not include an attached 
tubular device which is only capable of operating with .22 caliber 
rimfire ammunition.''.

SEC. 102. OPERATION OF THE FEDERAL BUREAU OF INVESTIGATION'S PUBLIC 
              ACCESS LINE.

    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Director of the Federal Bureau of Investigation (in 
this section referred to as the ``FBI'') shall submit to the Committee 
on the Judiciary of the Senate and the Committee on the Judiciary of 
the House of Representatives a report regarding operation of the FBI's 
public access line.
    (b) Matters Included.--The report required by subsection (a) shall, 
at a minimum, include the following:
            (1) A description of the protocols and procedures in effect 
        with respect to information-sharing between the public access 
        line and the field offices of the FBI.
            (2) Recommendations for improving the protocols and 
        procedures to improve the information-sharing.

                   TITLE II--PREVENT GUN TRAFFICKING

SEC. 201. PROHIBITION ON STRAW PURCHASES OF FIREARMS; PROHIBITION ON 
              GUN TRAFFICKING.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended--
            (1) in section 921(a), by adding at the end the following:
    ``(37) The term `family members' means spouses, domestic partners, 
parents and their children, including step-parents and their step-
children, siblings, aunts or uncles and their nieces or nephews, or 
grandparents and their grandchildren.''; and
            (2) by adding at the end the following:
``Sec. 932. Gun trafficking
    ``(a) It shall be unlawful for any person (other than a licensee 
under this chapter), in or otherwise affecting interstate or foreign 
commerce, to knowingly purchase or acquire, or attempt to purchase or 
acquire, a firearm for the possession of a third party.
    ``(b) It shall be unlawful for any person (other than a licensee 
under this chapter), in or otherwise affecting interstate or foreign 
commerce, to hire, solicit, command, induce, or otherwise endeavor to 
persuade another person to purchase, or attempt to purchase, any 
firearm for the purpose of obtaining the firearm for the person or 
selling or transferring the firearm to a third party.
    ``(c) The Attorney General shall ensure that the firearm 
transaction record form required to be completed in connection with a 
firearm transaction includes a statement outlining the penalties that 
may be imposed for violating subsection (a).
    ``(d) This section shall not apply to any firearm, if the purchaser 
or person acquiring the firearm has no reason to believe that the 
recipient of the firearm will use or intends to use the firearm in a 
crime or is prohibited from purchasing or possessing firearms under 
State or Federal law and the firearm--
            ``(1) is purchased or acquired by any person, or that any 
        person attempts to purchase or acquire, as a bona fide gift 
        between family members; or
            ``(2) is purchased or acquired by an agent of a lawful 
        business, or that an agent of a lawful business attempts to 
        purchase or acquire, for the purpose of transferring to another 
        agent of the business, for lawful use in the business.''.
    (b) Forfeiture.--Section 982(a)(5) of such title is amended--
            (1) in subparagraph (D), by striking ``or'' at the end; and
            (2) by inserting after subparagraph (E) the following:
            ``(F) section 922(a)(1)(A) (related to unlicensed firearms 
        sales);
            ``(G) section 922(d) (relating to illegal gun transfers); 
        or
            ``(H) section 932 (relating to gun trafficking),''.
    (c) Money Laundering Amendment.--Section 1956(c)(7)(D) of such 
title is amended by striking ``section 924(n)'' and inserting ``section 
922(a)(1)(A), 922(d), 924(n), or 932''.
    (d) Clerical Amendment.--The table of sections for such chapter is 
amended by adding at the end the following:

``932. Gun trafficking.''.

SEC. 202. PROHIBITION ON DISPOSITION OF FIREARM TO PERSON INTENDING 
              UNLAWFUL FURTHER DISPOSITION.

    Section 922(d) of title 18, United States Code, is amended in the 
1st sentence--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; or''; and
            (3) by inserting after and below paragraph (9) the 
        following:
            ``(10) intends to sell or otherwise dispose of the firearm 
        or ammunition in violation of a Federal law, or to sell or 
        otherwise dispose of the firearm or ammunition to a person in 
        another State in violation of a law of that State.''.

SEC. 203. PENALTIES.

    Section 924(a) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(8) Whoever knowingly violates section 922(a)(1)(A) or 932 shall 
be fined under this title, imprisoned not more than 10 years, or 
both.''.

SEC. 204. FIREARMS SUBJECT TO FORFEITURE.

    Section 924(d) of title 18, United States Code, is amended--
            (1) in paragraph (1), by inserting ``or 932'' after 
        ``section 924''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (E), by striking ``and'' at the 
                end;
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(G) any offense under section 932.''.

                    TITLE III--UNTRACEABLE FIREARMS

SEC. 301. REQUIREMENT THAT ALL FIREARMS BE TRACEABLE.

    (a) Definitions.--Section 921(a) of title 18, United States Code, 
as amended by this Act, is further amended--
            (1) in paragraph (10), by adding at the end the following: 
        ``The term `manufacturing firearms' shall include assembling a 
        functional firearm or molding, machining, or 3D printing a 
        frame or receiver, and shall not include making or fitting 
        special barrels, stocks, or trigger mechanisms to firearms.''; 
        and
            (2) by adding at the end the following:
    ``(38) The term `ghost gun'--
            ``(A) means a firearm, including a frame or receiver, that 
        lacks a unique serial number engraved or cast on the frame or 
        receiver by a licensed manufacturer or importer in accordance 
        with this chapter; and
            ``(B) does not include--
                    ``(i) a firearm that has been rendered permanently 
                inoperable;
                    ``(ii) a firearm that, not later than 30 months 
                after the date of enactment of this paragraph, has been 
                identified by means of a unique serial number, assigned 
                by a State agency, engraved or cast on the receiver or 
                frame of the firearm in accordance with State law;
                    ``(iii) a firearm manufactured or imported before 
                December 16, 1968; or
                    ``(iv) a firearm identified as provided for under 
                section 5842 of the Internal Revenue Code of 1986.
    ``(39) The term `fire control component'--
            ``(A) means a component necessary for the firearm to 
        initiate or complete the firing sequence; and
            ``(B) includes a hammer, bolt or breechblock, cylinder, 
        trigger mechanism, firing pin, striker, and slide rails.
    ``(40)(A) The term `frame or receiver'--
            ``(i) means a part of a weapon that provides or is intended 
        to provide the housing or structure to hold or integrate 1 or 
        more fire control components, even if pins or other attachments 
        are required to connect those components to the housing or 
        structure;
            ``(ii) includes a frame or receiver, blank, casting, or 
        machined body, that requires modification, including machining, 
        drilling, filing or molding, to be used as part of a functional 
        firearm, and which is designed and intended to be used in the 
        assembly of a functional firearm, unless the piece of material 
        has had--
                    ``(I) its size or external shape altered solely to 
                facilitate transportation or storage; or
                    ``(II) solely its chemical composition altered.
    ``(B) For purposes of subparagraph (A)(i), if a weapon with more 
than 1 part that provides the housing or a structure designed to hold 
or integrate 1 or more fire control or essential components, each such 
part shall be considered a frame or receiver, unless the Attorney 
General has provided otherwise by regulation or other formal 
determination with respect to the specific make and model of weapon on 
or before January 1, 2023.''.
    (b) Prohibition; Requirements.--Section 922 of title 18, United 
States Code, is amended by adding at the end the following:
    ``(aa)(1)(A) Except as provided in subparagraph (B), it shall be 
unlawful for any person to manufacture, sell, offer to sell, transfer, 
purchase, or receive a ghost gun in or affecting interstate or foreign 
commerce.
    ``(B) Subparagraph (A) shall not apply to--
            ``(i) the manufacture of a firearm by a licensed 
        manufacturer if the licensed manufacturer complies with section 
        923(i) before selling or transferring the firearm to another 
        person;
            ``(ii) the offer to sell, sale, or transfer of a firearm 
        to, or purchase or receipt of a firearm by, a licensed 
        manufacturer or importer before the date that is 30 months 
        after the date of enactment of this subsection; or
            ``(iii) transactions between licensed manufacturers and 
        importers on any date.
    ``(2) It shall be unlawful for a person other than a licensed 
manufacturer or importer to engrave or cast a serial number on a 
firearm in or affecting interstate or foreign commerce unless 
specifically authorized by the Attorney General.
    ``(3) Beginning on the date that is 30 months after the date of 
enactment of this subsection, it shall be unlawful for any person other 
than a licensed manufacturer or importer to knowingly possess a ghost 
gun in or affecting interstate or foreign commerce.
    ``(4) Beginning on the date that is 30 months after the date of 
enactment of this subsection, it shall be unlawful for any person other 
than a licensed manufacturer or importer to possess a ghost gun in or 
affecting interstate or foreign commerce with the intent to sell or 
transfer the ghost gun with or without further manufacturing or to 
manufacture a firearm with the ghost gun.
    ``(5)(A) It shall be unlawful for any person to sell, offer to 
sell, or transfer, in or affecting interstate or foreign commerce, to 
any person other than a licensed manufacturer a machine that has the 
sole or primary function of manufacturing firearms.
    ``(B) Except as provided in subparagraph (A), beginning on the date 
that is 180 days after the date of enactment of this subsection, it 
shall be unlawful for any person other than a licensed manufacturer to 
possess, purchase, or receive, in or affecting interstate or foreign 
commerce, a machine that has the sole or primary function of 
manufacturing firearms.
    ``(C) Subparagraph (B) shall not apply to a person who is engaged 
in the business of selling manufacturing equipment to a licensed 
manufacturer who possesses a machine with the intent to sell or 
transfer the machine to a licensed manufacturer.''.
    (c) Requirements.--
            (1) Removal of serial numbers.--Section 922(k) of title 18, 
        United States Code, is amended--
                    (A) by striking ``importer's or manufacturer's'' 
                each place it appears; and
                    (B) by inserting ``authorized by this chapter or 
                under State law'' before ``removed'' each place it 
                appears.
            (2) Licensed importers and manufacturers.--Section 923(i) 
        of title 18, United States Code, is amended--
                    (A) by inserting ``(1)(A)'' before ``Licensed''; 
                and
                    (B) by adding at the end the following: ``The 
                serial number shall be engraved or cast on the frame or 
                receiver in a manner sufficient to identify the firearm 
                and the manufacturer or importer that put the serial 
                number on the firearm.
    ``(2)(A) Not later than 180 days after the date of enactment of 
this paragraph, the Attorney General shall prescribe regulations for 
engraving a unique serial number onto a ghost gun.
    ``(B) The regulations prescribed under subparagraph (A) shall--
            ``(i) allow an owner of a firearm described in subparagraph 
        (A) to have a unique serial number engraved on the firearm by a 
        licensed manufacturer or importer; and
            ``(ii) require that a serial number be engraved on the 
        frame or receiver in a manner sufficient to identify the 
        firearm and the licensed manufacturer or importer that put the 
        serial number on the firearm.
    ``(C) The regulations authorized under this paragraph shall expire 
on the date that is 30 months after the date of enactment of this 
paragraph.''.
    (d) Penalties.--Section 924 of title 18, United States Code, is 
amended--
            (1) in subsection (a)(1)(B), by striking ``or (q)'' and 
        inserting ``(q), (aa)(1), (aa)(2), (aa)(4), or (aa)(5)'';
            (2) in subsection (c)
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), in the matter 
                        preceding clause (i), by inserting 
                        ``functional'' before ``firearm'' each place it 
                        appears;
                            (ii) in subparagraph (B), in the matter 
                        preceding clause (i), by inserting 
                        ``functional'' before ``firearm''; and
                            (iii) in subparagraph (D)(ii), by inserting 
                        ``functional'' before ``firearm''; and
                    (B) in paragraph (4), by striking ``all or part of 
                the firearm'' and all that follows through ``person.'' 
                and inserting the following: ``all or part of the 
                functional firearm, or otherwise make the presence of 
                the functional firearm known to another person, in 
                order to intimidate that person, regardless of whether 
                the functional firearm is directly visible to that 
                person.'';
            (3) in subsection (d)(1), by striking ``or (k)'' and 
        inserting ``(k), (aa)(1), (aa)(2), (aa)(4), or (aa)(5)'';
            (4) in subsection (e)(1), by inserting ``through the 
        possession of a functional firearm'' before ``and has three''; 
        and
            (5) by adding at the end the following:
    ``(q) A person who violates section 922(aa)(3) shall--
            ``(1) in the case of the first violation by the person, be 
        fined under this title, imprisoned not more than 1 year, or 
        both; or
            ``(2) in the case of any subsequent violation by the 
        person, be fined under this title, imprisoned not more than 5 
        years, or both.''.

SEC. 302. MODERNIZATION OF THE PROHIBITION ON UNDETECTABLE FIREARMS.

    Section 922(p) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``any firearm'';
                    (B) by amending subparagraph (A) to read as 
                follows:
            ``(A) an undetectable firearm; or''; and
                    (C) in subparagraph (B), by striking ``any major 
                component of which, when subjected to inspection by the 
                types of x-ray machines commonly used at airports, does 
                not generate'' and inserting the following: ``a major 
                component of a firearm which, if subjected to 
                inspection by the types of detection devices commonly 
                used at airports for security screening, would not 
                generate'';
            (2) in paragraph (2)--
                    (A) by amending subparagraph (A) to read as 
                follows:
            ``(A) the term `undetectable firearm' means a firearm, as 
        defined in section 921(a)(3)(A), of which no major component is 
        wholly made of detectable material;'';
                    (B) by striking subparagraph (B) and inserting the 
                following:
            ``(B) the term `major component', with respect to a 
        firearm--
                    ``(i) means the slide or cylinder or the frame or 
                receiver of the firearm; and
                    ``(ii) in the case of a rifle or shotgun, includes 
                the barrel of the firearm; and''; and
                    (C) by striking subparagraph (C) and all that 
                follows through the end of the undesignated matter 
                following subparagraph (C) and inserting the following:
            ``(C) the term `detectable material' means any material 
        that creates a magnetic field equivalent to or more than 3.7 
        ounces of 17-4 pH stainless steel.'';
            (3) in paragraph (3)--
                    (A) in the first sentence, by inserting ``, 
                including a prototype,'' after ``of a firearm''; and
                    (B) by striking the second sentence; and
            (4) in paragraph (5), by striking ``shall not apply to any 
        firearm which'' and all that follows and inserting the 
        following: ``shall not apply to--
            ``(A) any firearm received by, in the possession of, or 
        under the control of the United States; or
            ``(B) the manufacture, importation, possession, transfer, 
        receipt, shipment, or delivery of a firearm by a licensed 
        manufacturer or licensed importer pursuant to a contract with 
        the United States.''.

                         TITLE IV--SAFE STORAGE

SEC. 401. ETHAN'S LAW.

    (a) Secure Gun Storage or Safety Device.--Section 922(z) of title 
18, United States Code, is amended by adding at the end the following:
            ``(4) Secure gun storage by owners.--
                    ``(A) Offense.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), it shall be unlawful for a person 
                        to store or keep any firearm that has moved in, 
                        or that has otherwise affected, interstate or 
                        foreign commerce on the premises of a residence 
                        under the control of the person if the person 
                        knows, or reasonably should know, that--
                                    ``(I) a minor is likely to gain 
                                access to the firearm without the 
                                permission of the parent or guardian of 
                                the minor; or
                                    ``(II) a resident of the residence 
                                is ineligible to possess a firearm 
                                under Federal, State, or local law.
                            ``(ii) Exception.--Clause (i) shall not 
                        apply to a person if the person--
                                    ``(I) keeps the firearm--
                                            ``(aa) secure using a 
                                        secure gun storage or safety 
                                        device; or
                                            ``(bb) in a location which 
                                        a reasonable person would 
                                        believe to be secure; or
                                    ``(II) carries the firearm on his 
                                or her person or within such close 
                                proximity thereto that the person can 
                                readily retrieve and use the firearm as 
                                if the person carried the firearm on 
                                his or her person.
                    ``(B) Penalty.--
                            ``(i) In general.--Except as otherwise 
                        provided in this subparagraph, any person who 
                        violates subparagraph (A) shall be fined $500 
                        per violation.
                            ``(ii) Forfeiture of improperly stored 
                        firearm.--Any firearm stored in violation of 
                        subparagraph (A) shall be subject to seizure 
                        and forfeiture in accordance with the 
                        procedures described in section 924(d).
                    ``(C) Minor defined.--In this paragraph, the term 
                `minor' means an individual who has not attained 18 
                years of age.''.
    (b) Firearm Safe Storage Program.--Title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is 
amended by adding at the end the following:

                ``PART PP--FIREARM SAFE STORAGE PROGRAM

``SEC. 3061. FIREARM SAFE STORAGE PROGRAM.

    ``(a) In General.--The Assistant Attorney General shall make grants 
to an eligible State or Indian Tribe to assist the State or Indian 
Tribe in carrying out the provisions of any State or Tribal law that is 
functionally identical to section 922(z)(4) of title 18, United States 
Code.
    ``(b) Eligible State or Indian Tribe.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        State or Indian Tribe shall be eligible to receive grants under 
        this section on and after the date on which the State or Indian 
        Tribe enacts legislation functionally identical to section 
        922(z)(4) of title 18, United States Code.
            ``(2) First year eligibility exception.--
                    ``(A) In general.--A covered State or Indian Tribe 
                shall be eligible to receive a grant under this section 
                during the 1-year period beginning on the date of 
                enactment of this part.
                    ``(B) Covered state or indian tribe.--In this 
                paragraph, the term `covered State or Indian Tribe' 
                means a State or Indian Tribe that, before the date of 
                enactment of this part, enacted legislation that is 
                functionally identical to section 922(z)(4) of title 
                18, United States Code.
    ``(c) Use of Funds.--Funds awarded under this section may be used 
by a State or Indian Tribe to assist law enforcement agencies or the 
courts of the State or Indian Tribe in enforcing and otherwise 
facilitating compliance with any State law functionally identical to 
section 922(z)(4), of title 18, United States Code.
    ``(d) Application.--An eligible State or Indian Tribe desiring a 
grant under this section shall submit to the Assistant Attorney General 
an application at such time, in such manner, and containing or 
accompanied by such information, as the Assistant Attorney General may 
reasonably require.
    ``(e) Incentives.--For each of fiscal years 2023 through 2027, the 
Attorney General shall give affirmative preference to all Bureau of 
Justice Assistance discretionary grant applications of a State or 
Indian Tribe that has enacted legislation functionally identical to 
section 922(z)(4) of title 18, United States Code.''.

SEC. 402. SAFE GUNS, SAFE KIDS.

    Paragraph (4)(B) of section 922(z) of title 18, United States Code, 
as added by this Act, is amended by adding at the end the following:
                            ``(iii) Enhanced penalty.--If a person 
                        violates subparagraph (A) and a minor or a 
                        resident who is ineligible to possess a firearm 
                        under Federal, State, or local law obtains the 
                        firearm and causes injury or death to such 
                        minor, resident, or any other individual, the 
                        person shall be fined under this title, 
                        imprisoned for not more than 5 years, or 
                        both.''.

SEC. 403. KIMBERLY VAUGHAN FIREARM SAFE STORAGE.

    (a) Best Practices for Safe Firearm Storage.--
            (1) Establishment.--
                    (A) In general.--
                            (i) Not later than 180 days after the 
                        enactment of this Act, the Attorney General 
                        shall establish voluntary best practices 
                        relating to safe firearm storage solely for the 
                        purpose of public education.
                            (ii) The Attorney General shall give not 
                        less than ninety days public notice, and shall 
                        afford interested parties opportunity for 
                        hearing, before establishing such best 
                        practices.
                    (B) Requirements.--In establishing the best 
                practices required under subparagraph (A), the Attorney 
                General shall outline such best practices for 
                preventing firearm loss, theft, and other unauthorized 
                access for the following locations:
                            (i) Businesses.
                            (ii) Vehicles.
                            (iii) Private homes.
                            (iv) Off-site storage facilities.
                            (v) Any other such place the Attorney 
                        General deems appropriate to provide such 
                        guidance.
                    (C) Publication.--Not later than 1 year after the 
                enactment of this Act, the Attorney General shall 
                publish, in print and on a public website, the best 
                practices created pursuant to subparagraph (A) and 
                shall review such best practices and update them not 
                less than annually.
    (b) Promotion of Safe Firearm Storage.--
            (1) In general.--Section 923 of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(m) Beginning on January 1, 2025, licensed manufacturers and 
licensed importers that serialize not less than 250 firearms annually 
pursuant to subsection (i) shall provide a clear and conspicuous 
written notice with each manufactured or imported handgun, rifle, or 
shotgun that--
            ``(1) is attached or adhered to, or appears on or within 
        any packaging of, each handgun, rifle, or shotgun; and
            ``(2) states `SAFE STORAGE SAVES LIVES' followed by the 
        address of the public website established by the Attorney 
        General pursuant to section 403(a) of the Protecting Our Kids 
        Act.''.
    (c) Safe Storage Devices for All Firearm Sales.--
            (1) In general.--Section 922(z) of title 18, United States 
        Code, is amended by striking ``handgun'' each place it appears 
        and inserting ``handgun, rifle, or shotgun''.
            (2) Effective date.--This section and the amendments made 
        by this section shall take effect on the date that is 180 days 
        after the enactment of this Act.
    (d) Kimberly Vaughan Safe Firearm Storage Grant Program.--Part PP 
of title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(34 U.S.C. 10101 et seq.), as added by this Act, is amended by adding 
at the end the following:

``SEC. 3062. KIMBERLY VAUGHAN FIREARM SAFE STORAGE GRANT PROGRAM.

    ``(a) Authorization.--The Attorney General may award grants to 
States and Indian Tribes for the development, implementation, and 
evaluation of Safe Firearm Storage Assistance Programs.
    ``(b) Application Requirements.--Each applicant for a grant under 
this section shall--
            ``(1) submit to the Attorney General an application at such 
        time, in such a manner, and containing such information as the 
        Attorney General may require; and
            ``(2) to the extent practicable, identify State, local, 
        Tribal, and private funds available to supplement the funds 
        received under this section.
    ``(c) Reporting Requirement.--
            ``(1) Grantee report.--A recipient of a grant under this 
        section shall submit to the Attorney General an annual report, 
        which includes the following information:
                    ``(A) The amount distributed to each Safe Firearm 
                Storage Assistance Program in the jurisdiction.
                    ``(B) The number of safe firearm storage devices 
                distributed by each such Safe Firearm Storage 
                Assistance Program.
        A recipient of a grant under this section may not include any 
        personally identifying information of recipients of safe 
        firearms storage devices pursuant to a Safe Firearm Storage 
        Assistance Program that received funding pursuant to this 
        section.
            ``(2) Attorney general report.--Beginning 13 months after 
        the first grants are awarded under this section, and annually 
        thereafter, the Attorney General shall submit to Congress a 
        report, which shall include following information:
                    ``(A) A list of grant recipients during the 
                previous year, including the funds awarded, 
                cumulatively and disaggregated by grantee.
                    ``(B) The information collected pursuant to 
                subsection (d)(1).
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Attorney General to carry out this section 
$10,000,000 for each of fiscal years 2023 through 2033, to remain 
available until expended.
    ``(e) Use of Funds.--Funds awarded under this section shall be 
allocated as follows:
            ``(1) Not less than 75 percent of the funds received by a 
        grantee shall be used to create or to provide resources for 
        Safe Firearm Storage Assistance Programs in the jurisdiction.
            ``(2) Not more than 25 percent of the funds received by a 
        grantee may be made available to nonprofit organizations to 
        partner with units of local government to purchase and 
        distribute safe firearm storage devices.
    ``(f) Definitions.--For purposes of this section:
            ``(1) The term `safe firearm storage device' means a device 
        that is--
                    ``(A) designed and marketed for the principal 
                purpose of denying unauthorized access to, or rendering 
                inoperable, a firearm or ammunition; and
                    ``(B) secured by a combination lock, key lock, or 
                lock based on biometric information which, once locked, 
                is incapable of being opened without the combination, 
                key, or biometric information, respectively.
            ``(2) The term `Safe Firearm Storage Assistance Program' 
        means a program--
                    ``(A) carried out by a unit of local government or 
                an Indian tribe; and
                    ``(B) solely for the purpose of acquiring and 
                distributing safe firearm storage devices to the 
                public.''.
    (e) Prevent Family Fire Safe Firearm Storage Credit.--
            (1) In general.--Subpart D of part IV of subchapter A of 
        chapter 1 of the Internal Revenue Code of 1986 is amended by 
        adding at the end the following new section:

``SEC. 45U. SAFE FIREARM STORAGE CREDIT.

    ``(a) Allowance of Credit.--For purposes of section 38, the safe 
firearm storage credit determined under this section for the taxable 
year is an amount equal to 10 percent of amounts received from the 
first retail sale of a safe firearm storage device for use within the 
United States.
    ``(b) Limitation.--
            ``(1) In general.--The amount taken into account under 
        subsection (a) with respect to a safe firearm storage device 
        shall not exceed $400.
            ``(2) Value.--If, in connection with a sale of a safe 
        firearm storage device, the transferee receives other property, 
        the amount taken into account under subsection (a) shall be 
        limited to the amount received solely with respect to the safe 
        firearm storage device, which shall be determined based on the 
        value of the safe firearm storage device relative to the value 
        of such other property.
    ``(c) Safe Firearm Storage Device.--For purposes of this section--
            ``(1) In general.--The term `safe firearm storage device' 
        means a device that is--
                    ``(A) designed and marketed for the principal 
                purpose of denying unauthorized access to, or rendering 
                inoperable, a firearm or ammunition, and
                    ``(B) secured by a combination lock, key lock, or 
                lock based on biometric information which, once locked, 
                is incapable of being opened without the combination, 
                key, or biometric information, respectively.
            ``(2) Exclusion.--The term `safe firearm storage device' 
        does not include--
                    ``(A) any device which is incorporated to any 
                extent into the design of a firearm or of ammunition, 
                or
                    ``(B) any device that, as of the day of the sale 
                described in subsection (a), has been subject to a 
                mandatory recall by the Consumer Product Safety 
                Commission.
            ``(3) Firearm; ammunition.--The terms `firearm' and 
        `ammunition' have the meanings given such terms in section 921 
        of title 18, United States Code (without regard to all that 
        follows `firearm silencer, or bump stock' in paragraph (3) of 
        such section).
    ``(d) Termination.--This section shall not apply to sales after 
December 31, 2030.''.
            (2) Credit made part of general business.--Subsection (b) 
        of section 38 of the Internal Revenue Code of 1986 is amended 
        by striking ``plus'' at the end of paragraph (32), by striking 
        the period at the end of paragraph (33) and inserting ``, 
        plus'', and by adding at the end the following new paragraph:
            ``(34) the safe firearm storage credit determined under 
        section 45U.''.
            (3) Clerical amendment.--The table of sections for subpart 
        D of part IV of subchapter A of chapter 1 of such Code is 
        amended by adding at the end the following new item:

``Sec. 45U. Safe firearm storage credit.''.
            (4) Report.--The Secretary of the Treasury shall make 
        publicly available an annual report of the total amount of 
        credit against tax determined under section 45U of such Code 
        for taxable years ending in the preceding calendar year, 
        disaggregated by State.
            (5) Effective date.--The amendments made by this section 
        shall apply to taxable years beginning after the date of the 
        enactment of this Act.

                TITLE V--CLOSING THE BUMP STOCK LOOPHOLE

SEC. 501. BUMP STOCKS.

    (a) In General.--Section 5845 of the Internal Revenue Code of 1986 
is amended--
            (1) in subsection (a), by striking ``and (8) a destructive 
        device.'' and inserting ``(8) a destructive device; and (9) a 
        bump stock.''; and
            (2) by adding at the end the following new subsections:
    ``(n) Bump Stock.--The term `bump stock' means any of the 
following:
            ``(1) Any manual, power-driven, or electronic device that 
        is designed such that when the device is attached to a 
        semiautomatic weapon, the device eliminates the need for the 
        operator of a semiautomatic weapon to make a separate movement 
        for each individual function of the trigger and--
                    ``(A) materially increases the rate of fire of the 
                semiautomatic weapon, or
                    ``(B) approximates the action or rate of fire of a 
                machinegun.
            ``(2) Any part or combination of parts that is designed and 
        functions to eliminate the need for the operator of a 
        semiautomatic weapon to make a separate movement for each 
        individual function of the trigger and--
                    ``(A) materially increases the rate of fire of a 
                semiautomatic weapon, or
                    ``(B) approximates the action or rate of fire of a 
                machinegun.
            ``(3) Any semiautomatic weapon that has been modified in 
        any way that eliminates the need for the operator of the 
        semiautomatic weapon to make a separate movement for each 
        individual function of the trigger and--
                    ``(A) materially increases the rate of fire of the 
                semiautomatic weapon, or
                    ``(B) approximates the action or rate of fire of a 
                machinegun.
    ``(o) Semiautomatic Weapon.--The term `semiautomatic weapon' means 
any repeating weapon that--
            ``(1) utilizes a portion of the energy of a firing 
        cartridge or shell to extract the fired cartridge case or shell 
        casing and chamber the next round, and
            ``(2) requires a separate function of the trigger to fire 
        each cartridge or shell.''.
    (b) Amendments to Title 18, United States Code.--
            (1) Section 921(a) of title 18, United States Code, as 
        amended by this Act, is further amended--
                    (A) in paragraph (3), by striking ``muffler or 
                firearm silencer'' and inserting ``muffler, firearm 
                silencer, or bump stock''; and
                    (B) by adding at the end the following:
    ``(41) The term `bump stock' has the meaning given such term in 
section 5845(n) of the National Firearms Act (26 U.S.C. 5845(n)).''.
            (2) Section 922 of title 18, United States Code, is 
        amended--
                    (A) in each of subsections (a)(4) and (b)(4), by 
                inserting ``bump stock,'' before ``machinegun''; and
                    (B) in subsection (o)(1) , by inserting ``or bump 
                stock'' before the period.

                     TITLE VI--KEEP AMERICANS SAFE

SEC. 601. DEFINITIONS.

    Section 921(a) of title 18, United States Code, as amended by this 
Act, is further amended by adding at the end the following:
    ``(42) The term `large capacity ammunition feeding device'--
            ``(A) means a magazine, belt, drum, feed strip, helical 
        feeding device, or similar device, including any such device 
        joined or coupled with another in any manner, that has an 
        overall capacity of, or that can be readily restored, changed, 
        or converted to accept, more than 10 rounds of ammunition; and
            ``(B) does not include an attached tubular device designed 
        to accept, and capable of operating only with, .22 caliber 
        rimfire ammunition.
    ``(43) The term `qualified law enforcement officer' has the meaning 
given the term in section 926B.''.

SEC. 602. RESTRICTIONS ON LARGE CAPACITY AMMUNITION FEEDING DEVICES.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended by inserting after subsection (u) the following:
    ``(v)(1) It shall be unlawful for a person to import, sell, 
manufacture, transfer, or possess, in or affecting interstate or 
foreign commerce, a large capacity ammunition feeding device.
    ``(2) Paragraph (1) shall not apply to the possession of any large 
capacity ammunition feeding device otherwise lawfully possessed on or 
before the date of enactment of this subsection.
    ``(3) Paragraph (1) shall not apply to--
            ``(A) the importation for, manufacture for, sale to, 
        transfer to, or possession by the United States or a department 
        or agency of the United States or a State or a department, 
        agency, or political subdivision of a State, or a sale or 
        transfer to or possession by a qualified law enforcement 
        officer employed by the United States or a department or agency 
        of the United States or a State or a department, agency, or 
        political subdivision of a State for purposes of law 
        enforcement (whether on or off-duty), or a sale or transfer to 
        or possession by a campus law enforcement officer for purposes 
        of law enforcement (whether on or off-duty);
            ``(B) the importation for, or sale or transfer to a 
        licensee under title I of the Atomic Energy Act of 1954 (42 
        U.S.C. 2011 et seq.) for purposes of establishing and 
        maintaining an on-site physical protection system and security 
        organization required by Federal law, or possession by an 
        employee or contractor of such licensee on-site for such 
        purposes or off-site for purposes of licensee-authorized 
        training or transportation of nuclear materials;
            ``(C) the possession, by an individual who is retired in 
        good standing from service with a law enforcement agency and is 
        not otherwise prohibited from receiving ammunition, of a large 
        capacity ammunition feeding device--
                    ``(i) sold or transferred to the individual by the 
                agency upon such retirement; or
                    ``(ii) that the individual purchased, or otherwise 
                obtained, for official use before such retirement; or
            ``(D) the importation, sale, manufacture, transfer, or 
        possession of any large capacity ammunition feeding device by a 
        licensed manufacturer or licensed importer for the purposes of 
        testing or experimentation authorized by the Attorney General.
    ``(4) For purposes of paragraph (3)(A), the term `campus law 
enforcement officer' means an individual who is--
            ``(A) employed by a private institution of higher education 
        that is eligible for funding under title IV of the Higher 
        Education Act of 1965 (20 U.S.C. 1070 et seq.);
            ``(B) responsible for the prevention or investigation of 
        crime involving injury to persons or property, including 
        apprehension or detention of persons for such crimes;
            ``(C) authorized by Federal, State, or local law to carry a 
        firearm, execute search warrants, and make arrests; and
            ``(D) recognized, commissioned, or certified by a 
        government entity as a law enforcement officer.''.
    (b) Identification Markings for Large Capacity Ammunition Feeding 
Devices.--Section 923(i) of title 18, United States Code, as amended by 
this Act, is further amended by inserting after subparagraph (A) of 
paragraph (1) the following:
    ``(B) A large capacity ammunition feeding device manufactured after 
the date of enactment of this subparagraph shall be identified by a 
serial number and the date on which the device was manufactured or 
made, legibly and conspicuously engraved or cast on the device, and 
such other identification as the Attorney General shall by regulations 
prescribe.''.
    (c) Seizure and Forfeiture of Large Capacity Ammunition Feeding 
Devices.--Section 924(d) of title 18, United States Code, as amended by 
this Act, is further amended--
            (1) in paragraph (1)--
                    (A) in the first sentence--
                            (i) by striking ``Any firearm or ammunition 
                        involved in'' and inserting ``Any firearm or 
                        ammunition or large capacity ammunition feeding 
                        device involved in'';
                            (ii) by inserting ``(v),'' after ``(k),''; 
                        and
                            (iii) by striking ``any firearm or 
                        ammunition intended'' and inserting ``any 
                        firearm or ammunition or large capacity 
                        ammunition feeding device intended''; and
                    (B) by inserting ``or large capacity ammunition 
                feeding device'' after ``firearms or ammunition'' each 
                place the term appears;
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``or large 
                capacity ammunition feeding device'' after ``firearms 
                or ammunition''; and
                    (B) in subparagraph (C), by inserting ``or large 
                capacity ammunition feeding devices'' after ``firearms 
                or quantities of ammunition''; and
            (3) in paragraph (3)(E), by inserting ``922(v),'' after 
        ``922(n),''.

SEC. 603. PENALTIES.

    Section 924(a)(1)(B) of title 18, United States Code, as amended by 
this Act, is further amended by inserting ``(v),'' after ``(q),''.

SEC. 604. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR LARGE CAPACITY 
              AMMUNITION FEEDING DEVICES.

    Section 501(a)(1) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the 
end the following:
                    ``(I) Compensation for surrendered large capacity 
                ammunition feeding devices, as that term is defined in 
                section 921 of title 18, United States Code, under buy-
                back programs for large capacity ammunition feeding 
                devices.''.

                        TITLE VII--MISCELLANEOUS

SEC. 701. NICS REPORT.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Attorney General shall submit to the Committee 
on the Judiciary of the Senate and the Committee on the Judiciary of 
the House of Representatives a report that includes, with respect to 
the preceding year, the demographic data of persons who were determined 
to be ineligible to purchase a firearm based on a background check 
performed by the National Instant Criminal Background Check System, 
including race, ethnicity, national origin, sex, gender, age, 
disability, average annual income, and English language proficiency, if 
available.
                                                 Union Calendar No. 260

117th CONGRESS

  2d Session

                               H. R. 7910

                      [Report No. 117-346, Part I]

_______________________________________________________________________

                                 A BILL

To amend title 18, United States Code, to provide for an increased age 
  limit on the purchase of certain firearms, prevent gun trafficking, 
 modernize the prohibition on untraceable firearms, encourage the safe 
              storage of firearms, and for other purposes.

_______________________________________________________________________

                              June 6, 2022

     Reported from the Committee on the Judiciary with an amendment

                              June 6, 2022

 Committee on Ways and Means discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed