text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Child Safety Lock Act of 2001''.
  
  SEC. 2. REQUIREMENT OF CHILD HANDGUN SAFETY LOCKS.
  
      (a) Definitions.--Section 921(a) of title 18, United States Code, 
  is amended by adding at the end the following:
              ``(35) The term `locking device' means a device or locking 
          mechanism--
                      ``(A) that--
                              ``(i) if installed on a firearm and secured 
                          by means of a key or a mechanically, 
                          electronically, or electromechanically operated 
                          combination lock, is designed to prevent the 
                          firearm from being discharged without first 
                          deactivating or removing the device by means of 
                          a key or mechanically, electronically, or 
                          electromechanically operated combination lock;
                              ``(ii) if incorporated into the design of a 
                          firearm, is designed to prevent discharge of 
                          the firearm by any person who does not have 
                          access to the key or other device designed to 
                          unlock the mechanism and thereby allow 
                          discharge of the firearm; or
                              ``(iii) is a safe, gun safe, gun case, lock 
                          box, or other device that is designed to store 
                          a firearm and that is designed to be unlocked 
                          only by means of a key, a combination, or other 
                          similar means; and
                      ``(B) that is approved by a licensed firearms 
                  manufacturer for use on the handgun with which the 
                  device or locking mechanism is sold, delivered, or 
                  transferred.''.
      (b) Unlawful Acts.--
              (1) In general.--Section 922 of title 18, United States 
          Code, is amended by inserting after subsection (y) the 
          following:
      ``(z) Locking Devices.--
              ``(1) In general.--Except as provided in paragraph (2), it 
          shall be unlawful for any licensed manufacturer, licensed 
          importer, or licensed dealer to sell, deliver, or transfer any 
          handgun to any person other than a licensed manufacturer, 
          licensed importer, or licensed dealer, unless the transferee is 
          provided with a locking device for that handgun.
              ``(2) Exceptions.--Paragraph (1) does not apply to--
                      ``(A) the--
                              ``(i) manufacture for, transfer to, or 
                          possession by, the United States or a State or 
                          a department or agency of the United States, or 
                          a State or a department, agency, or political 
                          subdivision of a State, of a firearm; or
                              ``(ii) transfer to, or possession by, a law 
                          enforcement officer employed by an entity 
                          referred to in clause (i) of a firearm for law 
                          enforcement purposes (whether on or off duty); 
                          or
                      ``(B) the transfer to, or possession by, a rail 
                  police officer employed by a rail carrier and certified 
                  or commissioned as a police officer under the laws of a 
                  State of a firearm for purposes of law enforcement 
                  (whether on or off duty).''.
              (2) Effective date.--Section 922(y) of title 18, United 
          States Code, as added by this subsection, shall take effect 180 
          days after the date of enactment of this Act.
      (c) Liability; Evidence.--
              (1) Liability.--Nothing in this section shall be construed 
          to--
                      (A) create a cause of action against any firearms 
                  dealer or any other person for any civil liability; or
                      (B) establish any standard of care.
              (2) Evidence.--Notwithstanding any other provision of law, 
          evidence regarding compliance or noncompliance with the 
          amendments made by this section shall not be admissible as 
          evidence in any proceeding of any court, agency, board, or 
          other entity, except with respect to an action to enforce this 
          section.
              (3) Rule of construction.--Nothing in this subsection shall 
          be construed to bar a governmental action to impose a penalty 
          under section 924(p) of title 18, United States Code, for a 
          failure to comply with section 922(y) of that title.
      (d) Civil Penalties.--Section 924 of title 18, United States Code, 
  is amended--
              (1) in subsection (a)(1), by striking ``or (f)'' and 
          inserting ``(f), or (p)''; and
              (2) by adding at the end the following:
      ``(p) Penalties Relating to Locking Devices.--
              ``(1) In general.--
                      ``(A) Suspension or revocation of license; civil 
                  penalties.--With respect to each violation of section 
                  922(y)(1) by a licensee, the Secretary may, after 
                  notice and opportunity for hearing--
                              ``(i) suspend or revoke any license issued 
                          to the licensee under this chapter; or
                              ``(ii) subject the licensee to a civil 
                          penalty in an amount equal to not more than 
                          $10,000.
                      ``(B) Review.--An action of the Secretary under 
                  this paragraph may be reviewed only as provided in 
                  section 923(f).
              ``(2) Administrative remedies.--The suspension or 
          revocation of a license or the imposition of a civil penalty 
          under paragraph (1) does not preclude any administrative remedy 
          that is otherwise available to the Secretary.''.
  
  SEC. 3. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.
  
      (a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et 
  seq.) is amended by adding at the end thereof the following:
  
  ``SEC. 38. CHILD HANDGUN SAFETY LOCKS.
  
      ``(a) Establishment of Standard.--
              ``(1) In general.--
                      ``(A) Rulemaking required.--Notwithstanding section 
                  3(a)(1)(E) of this Act, the Commission shall initiate a 
                  rulemaking proceeding under section 553 of title 5, 
                  United States Code, within 90 days after the date of 
                  enactment of the Child Safety Lock Act of 2001 to 
                  establish a consumer product safety standard for 
                  locking devices. The Commission may extend the 90-day 
                  period for good cause. Notwithstanding any other 
                  provision of law, including chapter 5 of title 5, 
                  United States Code, the Commission shall promulgate a 
                  final consumer product safety standard under this 
                  paragraph within 12 months after the date on which it 
                  initiated the rulemaking. The Commission may extend 
                  that 12-month period for good cause. The consumer 
                  product safety standard promulgated under this 
                  paragraph shall take effect 6 months after the date on 
                  which the final standard is promulgated.
                      ``(B) Standard requirements.--The standard 
                  promulgated under subparagraph (A) shall require 
                  locking devices that--
                              ``(i) are sufficiently difficult for 
                          children to de-activate or remove; and
                              ``(ii) prevent the discharge of the handgun 
                          unless the locking device has been de-activated 
                          or removed.
              ``(2) Certain provisions not to apply.--
                      ``(A) Provisions of this act.--Sections 7, 9, and 
                  30(d) of this Act do not apply to the rulemaking 
                  proceeding under paragraph (1). Section 11 of this Act 
                  does not apply to any consumer product safety standard 
                  promulgated under paragraph (1).
                      ``(B) Chapter 5 of title 5.--Except for section 
                  553, chapter 5 of title 5, United States Code, does not 
                  apply to this section.
                      ``(C) Chapter 6 of title 5.--Chapter 6 of title 5, 
                  United States Code, does not apply to this section.
                      ``(D) National environmental policy act.--The 
                  National Environmental Policy Act of 1969 (42 U.S.C. 
                  4321) does not apply to this section.
      ``(b) No Effect on State Law.--Notwithstanding section 26 of this 
  Act, this section does not annul, alter, impair, affect, or exempt any 
  person subject to the provisions of this section from complying with 
  any provision of the law of any State or any political subdivision 
  thereof, except to the extent that such provisions of State law are 
  inconsistent with any provision of this section, and then only to the 
  extent of the inconsistency. A provision of State law is not 
  inconsistent with this section if such provision affords greater 
  protection to children in respect of handguns than is afforded by this 
  section.
      ``(c) Enforcement.--Notwithstanding subsection (a)(2)(A), the 
  consumer product safety standard promulgated by the Commission under 
  subsection (a) shall be enforced under this Act as if it were a 
  consumer product safety standard described in section 7(a).
      ``(d) Definitions.--In this section:
              ``(1) Child.--The term `child' means an individual who has 
          not attained the age of 13 years.
              ``(2) Locking device.--The term `locking device' has the 
          meaning given that term in clauses (i) and (iii) of section 
          921(a)(35)(A) of title 18, United States Code.''.
      (b) Conforming Amendment.--Section 1 of the Consumer Product Safety 
  Act is amended by adding at the end of the table of contents the 
  following:
  
      ``Sec. 38. Child handgun safety locks.''.
      (c) Authorization of Appropriations.--There are authorized to be 
  appropriated to the Consumer Product Safety Commission $2,000,000 to 
  carry out the provisions of section 38 of the Consumer Product Safety 
  Act, such sums to remain available until expended.
target: Child Safety Lock Act of 2001 - Amends the Brady Handgun Violence Prevention Act to prohibit a licensed manufacturer, importer, or dealer from selling, delivering, or transferring a handgun without a locking device to any person other than a licensed manufacturer, importer, or dealer, with exceptions for law enforcement and governmental entities.Specifies that nothing in this Act shall be construed to create a cause of action against any firearms dealer or any other person for civil liability, or establish any standard of care.Makes evidence regarding compliance or noncompliance with this Act inadmissible in a proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this Act.Sets forth civil penalties (in addition to any administrative penalties) for related violations, including suspension or loss of license.Amends the Consumer Product Safety Act to direct the Consumer Product Safety Commission to initiate a rulemaking proceeding to establish a consumer product safety standard for locking devices.
feat_title: A bill to amend chapter 44 of title 18, United States Code, to require the provision of a child safety lock in connection with the transfer of a handgun and provide safety standards for child safety locks.