,i #aafth ,,congress #ast ,session ,h4 ,r4 #abgi ,,in ,,the ,,house ,,of ,,representatives ,february #ad1 #bjai,mr4 ,payne 7for himself1 ,ms4 ,dean1 ,mrs4 ,demings1 ,mr4 ,khanna1 ,mr4 ,david ,scott of ,georgia1 ,mr4 ,casten of ,illinois1 ,ms4 ,hill of ,california1 ,mr4 ,soto1 ,ms4 ,jayapal1 ,ms4 ,wild1 ,mrs4 ,napolitano1 ,mr4 ,morelle1 ,ms4 ,norton1 ,mr4 ,cohen1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,mr4 ,rush1 ,ms4 ,meng1 ,mr4 ,cicilline1 ,ms4 ,moore1 ,mr4 ,sires1 ,mr4 ,mc,nerney1 ,ms4 ,schakowsky1 ,mr4 ,foster1 ,ms4 ,velzquez1 ,ms4 ,matsui1 ,mr4 ,hastings1 ,ms4 ,fudge1 ,mr4 ,engel1 ,mr4 ,norcross1 ,mrs4 ,watson ,coleman1 ,ms4 ,speier1 ,ms4 ,mc,collum1 ,mr4 ,johnson of ,georgia1 ,ms4 ,haaland1 ,mr4 ,mc,govern1 ,ms4 ,pressley1 ,ms4 ,de,gette1 ,mrs4 ,hayes1 and ,mr4 ,higgins of ,new ,york7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to authorize the ,director of the ,bureau of ,justice ,assistance to make grants to ,states1 units of local government1 and gun dealers to conduct gun buyback programs1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,safer ,neighborhoods ,gun ,buyback ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,gun ,buyback ,grant ,program ,sec4 #aja4 ,program authorized4 ,sec4 #ajb4 ,applications4 ,sec4 #ajc4 ,term of grant4 ,sec4 #ajd4 ,smart prepaid cards4 ,sec4 #aje4 ,uses of funds4 ,sec4 #ajf4 ,definitions4 ,sec4 #ajg4 ,authorization of appropriations4 ,title ,,ii--,criminal ,provision ,sec4 #bja4 ,use of smart prepaid card to buy or sell a firearm4 ,i ,gun buyback grant program #aja4 ,program authorized 7a7 ,in general ,the ,director of the ,bureau of ,justice ,assistance 7referred to in this title as the ,director7 may make grants to eligible entities to conduct gun buyback programs4 7b7 ,eligible entity defined ,in this title1 the term eligible entity means-- 7#a7 a ,state2 7#b7 a unit of local government2 or 7#c7 a gun dealer if neither the unit of local government nor the ,state where such dealer is located receives a grant under this title4 #ajb4 ,applications 7a7 ,grants ,the chief executive of an eligible entity seeking a grant under this title shall submit an application to the ,director at such time and containing such information as the ,director may reasonably require4 7b7 ,subgrants ,a gun dealer located in a unit of local government or ,state that does receive a grant under this title seeking a subgrant shall submit an application to the chief executive of such unit of local government or ,state at such time and containing such information as the chief executive may reasonably require1 including proof of such dealer's license under section #ibc of title #ah1 ,united ,states ,code4 #ajc4 ,term of grant 7a7 ,term ,the term of a grant awarded under this title shall be two years4 7b7 ,availability of grant funds 7#a7 ,states or units of local government ,a ,state or unit of local government that receives a grant under this title shall return to the ,director any remaining smart prepaid cards and any unused portion of such grant at the end of the two-year and #bgj-;day period beginning on the date that the grant was awarded4 7#b7 ,gun dealers ,a gun dealer that receives a grant or subgrant under this title shall return to the ,director any remaining smart prepaid cards and any unused portion of such grant or subgrant that was allocated to be used to buy back guns-- 7,a7 in the case of a gun dealer receiving a grant1 at the end of the two-year period beginning on the date that the grant was awarded2 or 7,b7 in the case of a gun dealer receiving a subgrant1 at the end of the two-year period beginning on the date that the grant was awarded to the ,state or unit of local government from which the gun dealer received a subgrant4 7c7 ,amounts returned ,the ,director shall return to the general fund of the ,treasury any amounts returned under subsection 7b74 #ajd4 ,smart prepaid cards 7a7 ,in general ,in conducting the grant program authorized under section #aja1 the ,director may reserve such funds as may be necessary to acquire and distribute smart prepaid cards to eligible entities that receive grants under this title4 ,the ,director shall distribute the smart prepaid cards without any funds loaded onto the cards4 7b7 ,market value of guns ,the ,director shall determine the market value of each gun that the ,director determines should be included in the gun buyback program and make such information publicly available4 7c7 ,prohibition on use of cards ,to buy guns 7#a7 ,in general ,a person may not use a smart prepaid card in the acquisition of a gun or ammunition1 and a person may not accept a smart prepaid card in the transfer 7including a loan7 of a gun or ammunition4 7#b7 ,penalty ,a person that violates paragraph 7#a7 shall pay to the ,director an amount that is equal to the value of the prohibited sale4 #aje4 ,uses of funds 7a7 ,states and units of local government ,a ,state or unit of local government receiving a grant under this title shall use such funds to do the following3 7#a7 ,gun buyback program ,use such funds to-- 7,a7 conduct a gun buyback program2 or 7,b7 make subgrants to gun dealers in such ,state or unit of local government to conduct gun buyback programs1 and distribute the smart prepaid cards such ,state or unit of local government receives to gun dealers receiving subgrants4 7#b7 ,gun and ammunition recycling program ,use not more than #aj percent of such funds to recycle the guns and ammunition that such ,state or unit of local government collects or receives from gun dealers4 7#c7 ,administrative costs ,use not more than #ae percent of such funds for the administrative costs of carrying out the grant program under this title1 including the criminal database checks under subsection 7f74 7b7 ,gun dealers 7#a7 ,in general ,a gun dealer receiving a grant or subgrant under this title shall use such funds to conduct a gun buyback program4 7#b7 ,smart prepaid card amounts 7,a7 ,in order to purchase a gun through a gun buyback program1 a gun dealer shall load onto a smart prepaid card #abe percent of the market value of the gun that the individual wishes to dispose of 7as determined by the ,director under section #ajd7;b774 7,b7 ,a gun dealer may increase the purchase price of a gun and load an amount onto a smart prepaid card that is greater than #abe percent of the market value of the gun if the gun dealer determines that the gun has been altered in a way that would increase the market value of the gun 7such as an altered grip1 or the addition of a scope74 7#c7 ,guns received 7,a7 ,in the case of a gun dealer receiving a grant under this title1 the gun dealer shall deliver a gun or ammunition the dealer receives under the gun buyback program to the closest office of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives not later than #fj days after receiving such gun4 7,b7 ,in the case of a gun dealer receiving a subgrant under this title1 the gun dealer shall deliver a gun or ammunition the dealer receives under the gun buyback program to the ,state or unit of local government from which it receives the subgrant not later than #fj days after receiving such gun4 7c7 ,ammunition collection ,a ,state1 unit of local government1 or gun dealer conducting a gun buyback program under this title may accept ammunition from individuals wishing to dispose of it1 which shall be recycled in accordance with paragraph 7#c71 but may not use smart prepaid cards to purchase ammunition under the gun buyback program4 7d7 ,incentives for gun dealer participation ,to the extent that the ,director determines necessary to facilitate participation of gun dealers in the gun buyback program1 grant funds may be used to provide monetary or other incentives to gun dealers to participate in such program4 ,for purposes of subsection 7a71 any such incentives shall be treated as part of the subgrant to the gun dealer described in paragraph 7#a77;,b7 thereof4 7e7 ,resale of guns prohibited ,a ,state1 unit of local government1 or gun dealer conducting a gun buyback program under this title may not sell a gun or ammunition received under such program4 7f7 ,criminal database check ,a ,state1 unit of local government1 or office of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives that receives a gun under a gun buyback program under this title shall1 not later than #ba days after receiving the gun1 use any database accessible to the ,state1 unit of local government1 or office of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives1 as applicable1 in order to determine whether the gun was used in the commission of a crime4 ,if such a gun was used in the commission of a crime1 the gun shall be delivered to the appropriate prosecuting authority4 #ajf4 ,definitions ,in this title3 7#a7 ,ammunition ,the term ammunition has the meaning given such term in section #iba7;a77#ag77;,a7 of title #ah1 ,united ,states ,code4 7#b7 ,gun ,the term gun means firearm as defined in section #iba7;a77#c7 of title #ah1 ,united ,states ,code4 7#c7 ,gun buyback program ,the term gun buyback program means a program under which a ,state1 a unit of local government1 or a gun dealer1 using smart prepaid cards as described in section #aje7;b77#b71 purchases back from individuals wishing to dispose of them1 a gun identified by the ,director under section #ajd7;b74 7#d7 ,gun dealer ,the term gun dealer means a dealer of firearms licensed under section #ibc of title #ah1 ,united ,states ,code4 7#e7 ,smart prepaid card ,the term smart prepaid card means a card issued by the ,director that-- 7,a7 is redeemable at multiple1 unaffiliated merchants or service providers2 7,b7 contains a mechanism1 for the purpose of preventing the cardholder from using it to purchase a gun or ammunition1 that recognizes the merchant category code of a merchant and prohibits the use of such card at a place of business subject to a license to deal in firearms under section #ibc of title #ah1 ,united ,states ,code2 7,c7 is honored1 upon presentation1 by merchants solely for goods or services1 except for merchants described in subparagraph 7,b72 7,d7 is loaded on a prepaid basis by a ,state1 unit of local government1 or gun dealer for use in a gun buyback program2 7,e7 clearly and conspicuously bears the words ,,this ,,card ,,may ,,not ,,be ,,used ,,to ,,purchase ,a ,,gun ,,or ,,ammunition in capital and raised letters on the card2 and 7,f7 may not redeemed for coins or currency4 7#f7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 or any commonwealth1 territory1 or possession of the ,united ,states4 #ajg4 ,authorization of appropriations ,there is authorized to be appropriated #cfj1jjj1jjj for each of fiscal years #bjah through #bjbj to carry out this title4 ,,ii ,criminal provision #bja4 ,use of smart prepaid card in the acquisition or transfer of a firearm 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,use of smart prepaid card in the acquisition or transfer of a firearm ,whoever1 in or affecting interstate or foreign commerce1 uses a smart prepaid card 7as such term is defined in section #ajf of the ,safer ,neighborhoods ,gun ,buyback ,act of #bjag7 in connection with the acquisition of1 or accepts a smart prepaid card in connection with the transfer 7including a loan7 of a firearm or ammunition shall be fined under this title1 imprisoned for not more than #b years1 or both4 4 7b7 ,clerical amendments 7#a7 ,conforming amendment ,section #ibd7;a77#a7 of title #ah1 ,united ,states ,code1 is amended by inserting after section #ibi the following3 or section #icb4 7#b7 ,table of sections ,the table of sections at the beginning of chapter #dd of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ica the following3 #icb4 ,use of smart prepaid card in the acquisition or transfer of a firearm4 4