S.Amdt. 4832

SA 4832. Mr. MENENDEZ (for himself, Mr. Blumenthal, Mr. Murphy, and
Mr. Cardin) submitted an amendment intended to be proposed to amendment
SA 4685 proposed by Mr. Shelby (for himself and Ms. Mikulski) to the
bill H.R. 2578, making appropriations for the Departments of Commerce
and Justice, Science, and Related Agencies for the fiscal year ending
September 30, 2016, and for other purposes; which was ordered to lie on
the table; as follows:

[[Page S4423]]

On page 107, between lines 9 and 10, insert the following:

TITLE VI--LARGE CAPACITY AMMUNITION FEEDING DEVICE ACT

SEC. 601. SHORT TITLE.

This title may be cited as the ``Large Capacity Ammunition
Feeding Device Act of 2016''.

SEC. 602. 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. 603. 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
Large Capacity Ammunition Feeding Device Act of 2016.
``(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 Large Capacity Ammunition
Feeding Device Act of 2016 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. 604. PENALTIES.

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

SEC. 605. 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 (42 U.S.C. 3751(a)(1)) is
amended by adding at the end the following:
``(H) 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. 606. SEVERABILITY.

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