[Congressional Record Volume 163, Number 160 (Thursday, October 5, 2017)]
[Senate]
[Pages S6366-S6367]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MENENDEZ (for himself, Mr. Whitehouse, Mr. Reed, Mr. 
        Kaine, Mr. Durbin, Mr. Franken, Mrs. Gillibrand, Mr. Van 
        Hollen, Mr. Markey, Mr. Carper, Ms. Warren, Ms. Hirono, Mr. 
        Cardin, Mr. Booker, Ms. Hassan, Mr. Sanders, Mrs. Murray, Mr. 
        Blumenthal, and Ms. Harris):
  S. 1945. A bill to regulate large capacity ammunition feeding 
devices; to the Committee on the Judiciary.
  Mr. MENENDEZ. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1945

       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 ``Keep Americans Safe Act''.

     SEC. 2. DEFINITIONS.

       Section 921(a) of title 18, United States Code, is amended 
     by inserting after paragraph (29) the following:
       ``(30) 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.
       ``(31) The term `qualified law enforcement officer' has the 
     meaning given the term in section 926B.''.

     SEC. 3. 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 the 
     Keep Americans Safe Act.
       ``(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 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, is amended by adding at the end the following: ``A 
     large capacity ammunition feeding device manufactured after 
     the date of enactment of the Keep Americans Safe Act 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, is amended--
       (1) in paragraph (1)--
       (A) by inserting ``or large capacity ammunition feeding 
     device'' after ``firearm or ammunition'' each place the term 
     appears;
       (B) by inserting ``or large capacity ammunition feeding 
     device'' after ``firearms or ammunition'' each place the term 
     appears; and
       (C) by striking ``or (k)'' and inserting ``(k), or (v)'';
       (2) in paragraph (2)(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. 4. PENALTIES.

       Section 924(a)(1)(B) of title 18, United States Code, is 
     amended by striking ``or (q)'' and inserting ``(q), or (v)''.

     SEC. 5. 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

[[Page S6367]]

     (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.''.

     SEC. 6. SEVERABILITY.

       If any provision of this Act, an amendment made by this 
     Act, or the application of such provision or amendment to any 
     person or circumstance is held to be unconstitutional, the 
     remainder of this Act, the amendments made by this Act, and 
     the application of such provision or amendment to any person 
     or circumstance shall not be affected thereby.

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