118 HR 6352 IH: Tax Stamp Revenue Transfer for Wildlife and Recreation Act U.S. House of Representatives 2023-11-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 6352IN THE HOUSE OF REPRESENTATIVESNovember 9, 2023Mr. Moore of Utah (for himself and Mr. Golden of Maine) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, and Natural Resources, 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 concernedA BILLTo transfer a portion of the firearms transfer tax imposed under the Internal Revenue Code of 1986 to the Federal aid to wildlife restoration fund and the Conservation of America’s Wildlife Trust Fund, and for other purposes.

1.

Short title

This Act may be cited as the Tax Stamp Revenue Transfer for Wildlife and Recreation Act.

2.

Conservation of America’s Wildlife Trust Fund

(a)

In general

Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

9512.

Conservation of America’s Wildlife Trust Fund

(a)

In general

There is established in the Treasury of the United States a trust fund to be known as the Conservation of America’s Wildlife Trust Fund consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). (b)

Transfers to trust fund

There are hereby appropriated to the Conservation of America’s Wildlife Trust Fund amounts equivalent to 15 percent of the net revenues received in the Treasury (after the date of the enactment of this Act) from the tax imposed under section 5811 on the transfer of silencers. (c)

Expenditures from trust fund

Amounts in the Conservation of America’s Wildlife Trust Fund shall be available, as provided in appropriations Acts, to the National Firearms Act Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives only for the purpose of expediting the processing of applications for transfer and registration of silencers described in section 5812(c) and applications to make ans register silencers described in the third and fourth sentences of section 5822. (d)

Offset of budgetary impact

The Secretary shall transfer from the Department of Justice Assets Forfeiture Fund (established under section 524(c) of title 28, United States Code) to the general fund of the Treasury amounts equivalent to the amounts appropriated to the Conservation of America’s Wildlife Trust Fund under subsection (b). (e)

Silencer

For purposes of this section, the term silencer has the meaning given such term in section 5845(a)(7). (f)

Termination

Subsection (b) shall not apply with respect to the amount of any tax imposed with respect to any transfer after the date which is 7 years after the date of the enactment of this Act.

. (b)

Clerical amendment

The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 9512. Conservation of America’s Wildlife Trust Fund..

3.

Expediting of certain firearm silencer applications

(a)

Processing of applications for transfer of firearms

Section 5812 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (c)

Processing of applications

In the case of an application for the transfer and registration of a silencer (as defined in section 5845(a)(7)) that meets the requirements of paragraphs (1) through (5) of subsection (a) and that is filed during the 7-year period beginning on the date of the enactment of this Act, such application shall be deemed to have been approved by the Secretary on the date which is 90 days after such requirements are met (and such transfer may thereafter be made) unless the Secretary (before such date) determines that the transfer, receipt, or possession of such silencer would place the transferee in violation of law. . (b)

Processing of applications for making of firearm silencers

Section 5822 of such Code is amended by adding at the end the following: In the case of an application to make and register a silencer (as defined in section 5845(a)(7)) that meets the requirements of subsections (a) through (d) and that is filed during the 7-year period beginning on the date of the enactment of this Act, such application shall be deemed to have been approved by the Secretary on the date which is 90 days after such requirements are met (and such silencer may thereafter be made) unless the Secretary (before such date) determines that the making or possession of such silencer would place the person making such silencer in violation of law.. (c)

Effective date

The amendments made by this section shall apply to applications filed after the date of the enactment of this Act.

4.

Federal Aid to Wildlife Restoration Fund

(a)

In general

Section 3(a) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b(a)) is amended— (1)in paragraph (1), by inserting , and an amount equal to 85 percent of all revenues accruing each fiscal year, beginning with the fiscal year 2024 and ending with fiscal year 2030, from the tax imposed on the transfer of silencers (as such term is defined in section 5845(a)(7) of such Code) by section 5811 of such Code, after 4181); and (2)by adding at the end the following: (3)The Secretary shall transfer from the Department of Justice Assets Forfeiture Fund (as established under section 524(c) of title 28, United States Code) to the general fund of the Treasury an amount equal to the amount covered into the fund from the tax imposed by section 5811 of the Internal Revenue Code of 1986, as described in paragraph (1).. (b)

Apportionment of revenues

(1)

In general

Section 4(c)(1) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(c)(1)) is amended to read as follows: (1)

In general

Subject to paragraph (2), the following shall be apportioned among the States in proportion to the ratio that the population of each State bears to the population of all the States: (A)1/2 of the revenues accruing to the fund under this Act each fiscal year (beginning with the fiscal year 1975) from any tax imposed on pistols, revolvers, bows, and arrows. (B)15 percent of the amount covered into the fund each fiscal year, beginning with the fiscal year 2024 and ending with fiscal year 2030, from the tax imposed by section 5811 of the Internal Revenue Code of 1986, as described in section 3(a)(1).. (2)

Use of funds

Section 4(c)(4) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(c)(4)) is amended to read as follows: (4)

Use of funds

(A)In addition to other uses authorized under this Act, amounts apportioned under paragraph (1)(A) may be used for hunter recruitment and recreational shooter recruitment. (B)In accordance with section 8(b), amounts apportioned under paragraph (1)(B) shall be used to construct, maintain, expand, or operate public target ranges.. (c)

Expenditures for management of wildlife areas and resources

Section 8(b)(1) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)(1)) is amended by striking section 4(c) and inserting section 4(c)(1)(A), and shall use the funds apportioned to it under section 4(c)(1)(B),.