Law Enforcement Innovate to De-Escalate Act

IB Union Calendar No. 749 118TH CONGRESS 2D SESSION H. R. 3269 [Report No. 118–917, Part I] To modernize Federal firearms laws to account for advancements in technology and less-than-lethal weapons, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2023 Mr. STANTON (for himself, Mr. FITZGERALD, Mr. SCHWEIKERT, Mr. STAUBER, Mr. GALLEGO, Mr. CORREA, and Mr. BIGGS) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, 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 con- cerned DECEMBER 18, 2024 Additional sponsors: Mr. FINSTAD, Mr. MILLS, Ms. LEE of Florida, Mr. RUTHERFORD, Mr. ISSA, Mrs. FISCHBACH, Mr. DAVIS of North Carolina, Mrs. HINSON, Mr. GUEST, Mrs. LESKO, Mr. LEVIN, Mr. STEUBE, Ms. STEFANIK, Mr. NEWHOUSE, Mr. FRY, Mr. CRANE, Mr. CISCOMANI, Mr. HUNT, Ms. CROCKETT, Mr. BURLISON, Mr. EZELL, Mr. QUIGLEY, Mr. CLINE, Mr. NEHLS, Mrs. FOUSHEE, Mr. BISHOP of Georgia, Mr. LAMALFA, Mr. KEAN of New Jersey, Mr. VASQUEZ, Ms. HAGEMAN, Mr. OWENS, Mr. MOLINARO, Mr. HERN, Mr. LUTTRELL, Mr. PANETTA, Mr. FLOOD, Mr. TIFFANY, Mr. MOORE of Alabama, Mr. CUELLAR, Ms. MALLIOTAKIS, Mr. ZINKE, Ms. CRAIG, Mr. CAREY, Ms. TENNEY, Mr. LAHOOD, Ms. MALOY, Ms. VAN DUYNE, Mr. LAWLER, Mr. OGLES, Mrs. MILLER of West Virginia, Mr. ALLRED, Mr. DAVIDSON, Ms. WILD, Mr. GOODEN of Texas, Mr. BOYLE of Pennsylvania, Mr. JACKSON of Illinois, Mr. SMUCKER, Mr. VEASEY, Mr. FERGUSON, and Ms. PEREZ DECEMBER 18, 2024 Reported from the Committee on Ways and Means with an amendment VerDate Sep 11 2014 19:21 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3269.RH H3269 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 3269 RH [Strike out all after the enacting clause and insert the part printed in italic] DECEMBER 18, 2024 Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed [For text of introduced bill, see copy of bill as introduced on May 11, 2023] A BILL To modernize Federal firearms laws to account for advance- ments in technology and less-than-lethal weapons, and for other purposes. VerDate Sep 11 2014 19:21 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H3269.RH H3269 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 3269 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Law Enforcement Inno- 4 vate to De-Escalate Act’’. 5 SEC. 2. EXEMPTION OF CERTAIN LESS-THAN-LETHAL PRO- 6 JECTILE DEVICES FROM RESTRICTIONS 7 UNDER TITLE 18, UNITED STATES CODE. 8 (a) IN GENERAL.—Section 921(a) of title 18, United 9 States Code, is amended— 10 (1) in the 2nd sentence of paragraph (3), by in- 11 serting ‘‘or a less-than-lethal projectile device’’ before 12 the period; and 13 (2) by adding at the end the following: 14 ‘‘(38) The term ‘less-than-lethal projectile device’ 15 means a device with a bore or multiple bores, that— 16 ‘‘(A) is not designed or intended to expel a pro- 17 jectile at a velocity exceeding 500 feet per second by 18 any means; and 19 ‘‘(B) is designed or intended to be used in a 20 manner that is not likely to cause death or serious 21 bodily injury.’’. 22 VerDate Sep 11 2014 19:21 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H3269.RH H3269 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 3269 RH SEC. 3. EXEMPTION OF CERTAIN LESS-THAN-LETHAL PRO- 1 JECTILE DEVICES FROM FIREARMS AND AM- 2 MUNITION TAX. 3 (a) IN GENERAL.—Section 4182 of the Internal Rev- 4 enue Code of 1986 is amended by redesignating subsection 5 (d) as subsection (e) and by inserting after subsection (c) 6 the following new subsection: 7 ‘‘(d) LESS-THAN-LETHAL PROJECTILE DEVICES.— 8 ‘‘(1) IN GENERAL.—The tax imposed by section 9 4181 shall not apply to— 10 ‘‘(A) any less-than-lethal projectile device, 11 ‘‘(B) any device contained on the most re- 12 cent list made available by the Secretary under 13 paragraph (3)(B), and 14 ‘‘(C) any shell or cartridge that meets the 15 requirement of paragraph (2)(B) and is designed 16 for use in a device referred to in subparagraph 17 (A) or (B). 18 ‘‘(2) LESS-THAN-LETHAL PROJECTILE DEVICE.— 19 The term ‘less-than-lethal projectile device’ means a 20 device with a bore or multiple bores, that— 21 ‘‘(A) is not designed or intended to expel a 22 projectile at a velocity exceeding 500 feet per sec- 23 ond by any means, and 24 VerDate Sep 11 2014 19:21 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H3269.RH H3269 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 3269 RH ‘‘(B) is designed or intended to be used in 1 a manner that is not likely to cause death or se- 2 rious bodily injury. 3 ‘‘(3) ANNUAL REVIEW OF NEW AND EMERGING 4 TECHNOLOGIES.— 5 ‘‘(A) LIST OF LESS-THAN-LETHAL PROJEC- 6 TILE DEVICES.—The Secretary shall make pub- 7 licly available a list of devices that the Secretary 8 has determined are described in paragraph (2) 9 and shall update such list annually to take into 10 account new devices. 11 ‘‘(B) LIST OF NON-LETHAL DEVICES THE 12 PROJECTILES OF WHICH EXCEED 500 FEET PER 13 SECOND.— 14 ‘‘(i) IN GENERAL.—The Secretary shall 15 make publicly available a list of devices 16 that the Secretary has determined are not 17 described in paragraph (2) but would be so 18 described if such paragraph were applied 19 without regard to subparagraph (A) thereof, 20 and shall update such list annually to take 21 into account new devices. 22 ‘‘(ii) REPORT TO CONGRESS.—The Sec- 23 retary shall annually submit a written re- 24 port to the Committee on Ways and Means 25 VerDate Sep 11 2014 19:21 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3269.RH H3269 ssavage on LAPJG3WLY3PROD with BILLS 6 •HR 3269 RH of the House of Representatives and the 1 Committee on Finance of the Senate regard- 2 ing the annual list of devices described in 3 clause (i), including a copy of such list, a 4 description of the devices that were consid- 5 ered for inclusion on such list, and the rea- 6 sons for including or excluding such devices 7 from such list.’’. 8 (b) EFFECTIVE DATE.—The amendments made by this 9 section shall apply to articles sold by the manufacturer, 10 producer, or importer after the date of the enactment of this 11 Act. 12 SEC. 4. EXEMPTION OF CERTAIN LESS-THAN-LETHAL PRO- 13 JECTILE DEVICES FROM NATIONAL FIRE- 14 ARMS ACT. 15 Section 5845(a) of the Internal Revenue Code of 1986 16 is amended by striking ‘‘an antique firearm or’’ and insert- 17 ing ‘‘any antique firearm, any less-than-lethal projectile de- 18 vice (as defined in section 4182(d)(2)), any device referred 19 to in section 4182(d)(1)(B), or’’. 20 VerDate Sep 11 2014 19:21 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H3269.RH H3269 ssavage on LAPJG3WLY3PROD with BILLS VerDate Sep 11 2014 19:21 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H3269.RH H3269 ssavage on LAPJG3WLY3PROD with BILLS Union Calendar No. 749 118TH CONGRESS 2D SESSION H. R. 3269 [Report No. 118–917, Part I] A BILL To modernize Federal firearms laws to account for advancements in technology and less-than-lethal weapons, and for other purposes. DECEMBER 18, 2024 Reported from the Committee on Ways and Means with an amendment DECEMBER 18, 2024 Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 19:21 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H3269.RH H3269 ssavage on LAPJG3WLY3PROD with BILLS