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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2005 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2005

 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 HOUSE OF REPRESENTATIVES

                              May 15, 2013

  Mr. Tierney (for himself, Mr. Capuano, Mr. Cummings, Mr. Farr, Ms. 
 Hahn, Mr. Keating, Ms. Lofgren, Mrs. Carolyn B. Maloney of New York, 
 Mr. Markey, Mr. McGovern, Mr. Moran, Mrs. Napolitano, Ms. Speier, and 
 Ms. Tsongas) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Energy 
    and Commerce, 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

_______________________________________________________________________

                                 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 ``Personalized Handgun Safety Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) It is in the interest of the Nation to protect its 
        citizens from handgun violence and accidental firearm deaths.
            (2) Personalizing handguns would disallow unauthorized 
        users, whether they be children, criminals, or others, from 
        misusing the weapons.
            (3) Personalizing handguns would allow for authorized users 
        to continue to lawfully own and use their handgun more safely.
            (4) In 2011, according to the Centers for Disease Control 
        (CDC), there were 851 accidental firearm deaths.
            (5) In 2010, according to the CDC, 62 people under the age 
        of 15 were killed accidentally with firearms.
            (6) Almost 350,000 incidents of firearm theft from private 
        citizens occur annually according to the National Crime 
        Victimization Survey.
            (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. 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. 102. 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. 103. USES OF FUNDS.

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

SEC. 104. TERM; RENEWAL.

    (a) Term.--A grant awarded under this title shall be for a term of 
one year.
    (b) Renewal.--A qualified entity receiving a grant under this title 
may renew such 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. 105. REPORTS.

    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. The 
Director shall transmit to Congress each year a report containing a 
summary of such information received.

SEC. 106. REGULATIONS.

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

SEC. 107. 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 the authorized users of a handgun 
                to fire such 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, and is not sold as an accessory; and
                            (ii) 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. 2001)).
            (4) Retrofitted personalized handgun.--The term 
        ``retrofitted personalized handgun'' means a handgun fitted 
        with a device that--
                    (A) enables only the authorized users of a handgun 
                to fire such handgun; and
                    (B) cannot be readily removed or deactivated.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

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

      TITLE II--CONSUMER PRODUCT SAFETY COMMISSION SAFETY STANDARD

SEC. 201. CONSUMER PRODUCT SAFETY STANDARD.

    (a) Establishment of Standard.--Notwithstanding section 3(a)(5)(E) 
of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), the 
Consumer Product Safety Commission, in consultation with the Attorney 
General and the Director of the National Institute of Justice, shall 
promulgate a consumer product safety standard under section 7(a) of 
such Act (15 U.S.C. 2056(a)) for handguns.
    (b) Standard Requirements.--The standard established under 
subsection (a) shall require that--
            (1) effective 2 years after the date of the enactment of 
        this Act, handguns manufactured in the United States must be 
        personalized handguns; and
            (2) effective 3 years after the date of the enactment of 
        this Act, handguns sold, offered for sale, traded, transferred, 
        shipped, leased, or distributed in the United States must be--
                    (A) personalized handguns, if manufactured on or 
                after the effective date in paragraph (1); or
                    (B) retrofitted personalized handguns, if 
                manufactured before the effective date in paragraph 
                (1).
    (c) Exemptions.--
            (1) Antique firearms.--The standard established under 
        subsection (a) shall not require retrofitting or 
        personalization of antique firearms.
            (2) Military firearms.--The standard established under 
        subsection (a) shall not apply to a firearm that is owned by 
        the Department of Defense.
    (d) Cost of Retrofitting.--
            (1) In general.--Except as provided in paragraph (2), the 
        cost of retrofitting a handgun as required under subsection (b) 
        shall be borne by the manufacturer of the handgun if the 
        manufacturer is operational at the time the retrofit is 
        required.
            (2) Reimbursement.--Section 524(c) of title 28, United 
        States Code, is amended--
                    (A) in subparagraph (H), by striking ``; and'' and 
                inserting a semicolon;
                    (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 as required by section 
        201(b)(2)(B) of the Personalized Handgun Safety Act.''.
    (e) Availability of an Action on Behalf of a State.--If an attorney 
general of a State, or an official or agency of a State, has reason to 
believe that an interest of the residents of such State has been or is 
threatened or adversely affected by any person who violates this title, 
the attorney general, official, or agency may bring a civil action on 
behalf of the residents of such State against a seller or manufacturer 
of handguns in an appropriate district court of the United States to 
enjoin further violations of this title and for other relief as may be 
appropriate.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Authorized user.--The term ``authorized user'', with 
        respect to a firearm, means the lawful owner of the firearm and 
        any individual authorized by the owner to use the firearm who 
        is allowed to own, carry, or use a firearm in the State where 
        the firearm is being used.
            (2) Handgun and antique firearm.--The terms ``handgun'' and 
        ``antique firearm'' have the meanings given such terms in 
        section 921 of title 18, United States Code.
            (3) 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) was 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.
            (4) 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.

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 (Public 
Law 109-92) is amended--
            (1) in paragraph (4), by adding at the end the following: 
        ``Notwithstanding the preceding sentence, the term `qualified 
        product' does not include any handgun manufactured after the 2-
        year period that begins with the date of the enactment of this 
        sentence that is not a personalized handgun or a 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 the lawful owner of the handgun and 
        any individual authorized by the owner to use the handgun who 
        is allowed to own, carry, or use a handgun in the State where 
        the handgun is being used.
            ``(11) 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) was 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.
            ``(12) 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.
            ``(13) Handgun.--The term `handgun' has the meaning given 
        the term in section 921(a)(29) of title 18, United States 
        Code.''.
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