II

106TH CONGRESS

1ST SESSION S. 735

To protect children from firearms violence.

IN THE SENATE OF THE UNITED STATES

MARCH 25, 1999

Mr. KENNEDY (for himself, Mrs. BOXER, Mr. DURBIN, and Mr. SCHUMER)

introduced the following bill; which was read twice and referred to the

Committee on the Judiciary

A BILL

To protect children from firearms violence.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Children’s Gun Violence Prevention Act of 1999’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—CHILDREN’S FIREARM SAFETY

Sec. 101. Prohibition on manufacture or importation of unsafe handguns.

Sec. 102. Consumer Product Safety Commission study.

TITLE II—CHILDREN’S FIREARMS AGE LIMIT

Sec. 201. Extension of juvenile handgun ban to semiautomatic assault weapons.
2

•S 735 IS

Sec. 202. Increased penalty for transferring handgun or semiautomatic assault

weapon to juvenile for use in a crime of violence.

TITLE III—RESPONSIBILITIES OF FIREARMS DEALERS

Sec. 301. Automatic revocation of license of firearms dealer who willfully sells

firearm to minor.

Sec. 302. Two forms of identification required from firearms purchasers under

age 24.

Sec. 303. Minimum safety and security standards for gun shops.

TITLE IV—CHILDREN’S FIREARM ACCESS PREVENTION

Sec. 401. Children and firearms safety.

TITLE V—CHILDREN’S FIREARM INJURY SURVEILLANCE

Sec. 501. Surveillance program regarding injuries to children resulting from

firearms.

TITLE VI—CHILDREN’S GUN VIOLENCE PREVENTION EDUCATION

Sec. 601. Short title; purposes.

Sec. 602. Competitive grants for children’s gun violence prevention education.

Sec. 603. Dissemination of information.

Sec. 604. Definitions.

Sec. 605. Amendment to Safe and Drug-Free Schools and Communities Act of

1994.

TITLE VII—CHILDREN’S FIREARM TRACKING

Sec. 701. Youth Crime Gun Interdiction Initiative.

1 TITLE I—CHILDREN’S FIREARM

2 SAFETY

3 SEC. 101. PROHIBITION ON MANUFACTURE OR IMPORTA4 TION OF UNSAFE HANDGUNS.

5 (b) PROHIBITION.—Section 922 of title 18, United

6 States Code, is amended by inserting after subsection (y)

7 the following:

8 ‘‘(z) MANUFACTURE OR IMPORTATION OF UNSAFE

9 HANDGUNS.—

10 ‘‘(1) IN GENERAL.—Beginning 18 months after

11 the date of enactment of this subsection, subject to
3

•S 735 IS

1 paragraph (2), it shall be unlawful for any person to

2 manufacture or import an unsafe handgun.

3 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not

4 apply to the manufacture or importation of a hand5 gun by a licensed manufacturer or licensed

6 importer—

7 ‘‘(A) for use by the United States or a de8 partment or agency of the United States or a

9 State or a department, agency, or political sub10 division of a State; or

11 ‘‘(B) for the purpose of testing or experi12 mentation authorized by the Secretary.

13 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in

14 this subsection may be construed to preempt or limit

15 any cause of action available under any Federal or

16 State law against a manufacturer of a firearm.

17 ‘‘(4) UNSAFE HANDGUN DEFINED.—In this

18 subsection, the term ‘unsafe handgun’—

19 ‘‘(A) means—

20 ‘‘(i) any handgun that the Secretary

21 determines, when new, fires in any of 5

22 successive trials in which the handgun

23 (loaded with an empty case with a primer

24 installed and having built in manual hand25 gun safety devices deactivated so that the
4

•S 735 IS

1 handgun is ready to fire) is dropped onto

2 a steel plate from a height of 1 meter—

3 ‘‘(I) from the normal firing posi4 tion;

5 ‘‘(II) from the upside down posi6 tion;

7 ‘‘(III) from the on grip position;

8 ‘‘(IV) on the muzzle position;

9 ‘‘(V) on either side;

10 ‘‘(VI) on the exposed hammer or

11 striker or, if there is no hammer or

12 striker, the rearmost part of the fire13 arm; and

14 ‘‘(VII) from any other position

15 that the Secretary determines to be

16 necessary to determine whether the

17 handgun is subject to accidental dis18 charge;

19 ‘‘(ii) any semiautomatic pistol that

20 does not have a magazine disconnect safety

21 that prevents the pistol from being fired

22 once the magazine or clip is removed from

23 the weapon; and

24 ‘‘(iii) any handgun that is sold with25 out a mechanism reasonably designed,
5

•S 735 IS

1 under rules determined by the Secretary,

2 to prevent the discharge of the weapon by

3 an unauthorized user, including a mecha4 nism that is—

5 ‘‘(I) a detachable, key-activated

6 or combination lock that prevents the

7 trigger from being pulled or the ham8 mer from striking the primer;

9 ‘‘(II) a solenoid use limitation de10 vice that prevents, by use of a mag11 netically activated relay, the firing of

12 the handgun unless a magnet of the

13 appropriate strength is placed in prox14 imity to the handle of the handgun; or

15 ‘‘(III) a removable hammer or

16 striker; and

17 ‘‘(B) does not include—

18 ‘‘(i) any handgun with a trigger re19 sistance equal to not less than a 10 pound

20 pull;

21 ‘‘(ii) any handgun with a child resist22 ant trigger mechanism reasonably designed

23 to prevent a child who has not attained the

24 age of 5 years from operating the weapon

25 when it is ready to fire, including a mecha-
6

•S 735 IS

1 nism with a trigger resistance equal to not

2 less than a 10 pound pull; or

3 ‘‘(iii) any other handgun that is de4 signed so that the hand of an average child

5 who has not attained the age of 5 years is

6 unable to grip the trigger, as determined

7 by the Secretary by regulation.’’.

8 SEC. 102. CONSUMER PRODUCT SAFETY COMMISSION

9 STUDY.

10 (a) DEFINITIONS.—In this section—

11 (1) the term ‘‘child’’ means an individual who

12 has not attained the age of 18 years; and

13 (2) the term ‘‘handgun’’ has the meaning given

14 that term in section 921(a) of title 18, United

15 States Code.

16 (b) STUDY.—

17 (1) IN GENERAL.—Notwithstanding any other

18 provision of law, the Director of the Consumer Prod19 uct Safety Commission, in consultation with the Di20 rector of the Bureau of Alcohol, Tobacco and Fire21 arms, shall conduct a study to determine the means

22 by which the safety of handguns can be improved in

23 order to prevent the authorized use or discharge of

24 handguns by children.
7

•S 735 IS

1 (2) TESTING AND EVALUATION.—The study

2 under this subsection shall include the testing and

3 evaluation of—

4 (A) locking devices that—

5 (i) if installed on a handgun, prevent

6 the handgun from being discharged;

7 (ii) can be removed or deactivated by

8 means of a key or a mechanically, elec9 tronically, or electromechanically operated

10 combination lock;

11 (B) locking devices that—

12 (i) are incorporated into the design of

13 a handgun;

14 (ii) if activated, prevent a handgun

15 from being discharged; and

16 (iii) can be deactivated by means of a

17 key or a mechanically, electronically, or

18 electromechanically operated combination

19 lock; and

20 (C) storage boxes, cases, or safes equipped

21 with a mechanically, electronically, or

22 electromechanically operated lock that, if acti23 vated, prevents access to a firearm located in

24 the storage box, case, or safe.
8

•S 735 IS

1 (c) REPORT TO CONGRESS.—Not later than 1 year

2 after the date of enactment of this Act, the Director of

3 the Consumer Product Safety Commission shall submit to

4 Congress a report, which shall include—

5 (1) the results of the study conducted under

6 subsection (b); and

7 (2) recommendations regarding—

8 (A) the means by which handgun safety

9 can be improved; and

10 (B) the manner in which changes in hand11 gun design would potentially reduce unauthor12 ized access to handguns by children.

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated to carry out this section

15 $1,500,000 for fiscal year 2000.

16 TITLE II—CHILDREN’S

17 FIREARMS AGE LIMIT

18 SEC. 201. EXTENSION OF JUVENILE HANDGUN BAN TO

19 SEMIAUTOMATIC ASSAULT WEAPONS.

20 Section 922(x) of title 18, United States Code, is

21 amended in each of paragraphs (1) and (2)—

22 (1) in subparagraph (A), by striking ‘‘or’’ at

23 the end;

24 (2) in subparagraph (B), by striking the period

25 at the end and inserting ‘‘; or’’; and
9

•S 735 IS

1 (3) by adding at the end the following:

2 ‘‘(C) a semiautomatic assault weapon.’’.

3 SEC. 202. INCREASED PENALTY FOR TRANSFERRING HAND4 GUN OR SEMIAUTOMATIC ASSAULT WEAPON

5 TO JUVENILE FOR USE IN A CRIME OF VIO6 LENCE.

7 Section 924(a)(6)(B)(ii) of title 18, United States

8 Code, is amended by striking ‘‘10’’ and inserting ‘‘20’’.

9 TITLE III—RESPONSIBILITIES

10 OF FIREARMS DEALERS

11 SEC. 301. AUTOMATIC REVOCATION OF LICENSE OF FIRE12 ARMS DEALER WHO WILLFULLY SELLS FIRE13 ARM TO MINOR.

14 Section 923(e) of title 18, United States Code, is

15 amended by adding at the end the following: ‘‘The Sec16 retary, after notice and opportunity for hearing, shall re17 voke the license of a dealer who willfully sells a firearm

18 to an individual who has not attained the age of 18

19 years.’’.

20 SEC. 302. TWO FORMS OF IDENTIFICATION REQUIRED

21 FROM FIREARMS PURCHASERS UNDER AGE

22 24.

23 Section 922(t)(1)(C) of title 18, United States Code,

24 is amended by inserting ‘‘(or, if the licensee knows or has
10

•S 735 IS

1 reasonable case to believe that the transferee has not at2 tained the age of 24 years, 2)’’ before ‘‘valid’’.

3 SEC. 303. MINIMUM SAFETY AND SECURITY STANDARDS

4 FOR GUN SHOPS.

5 (a) IN GENERAL.—Section 923 of title 18, United

6 States Code, is amended by adding at the end the fol7 lowing:

8 ‘‘(m) SAFETY AND SECURITY STANDARDS FOR GUN

9 SHOPS.—

10 ‘‘(1) IN GENERAL.—Not later than 1 year after

11 the date of enactment of this subsection, the Sec12 retary of the Treasury, acting through the Director

13 of the Bureau of Alcohol, Tobacco, and Firearms,

14 shall issue final regulations that establish minimum

15 firearm safety and security standards that shall

16 apply to dealers who are issued a license under this

17 section.

18 ‘‘(2) MINIMUM STANDARDS.—The regulations

19 issued under this subsection shall include minimum

20 safety and security standards for—

21 ‘‘(A) a place of business in which a dealer

22 covered by the regulations conducts business or

23 stores firearms;

24 ‘‘(B) windows, the front door, storage

25 rooms, containers, alarms, and other items of a
11

•S 735 IS

1 place of business referred to in subparagraph

2 (A) that the Secretary of the Treasury, acting

3 through the Director of the Bureau of Alcohol,

4 Tobacco and Firearms, determines to be appro5 priate; and

6 ‘‘(C) the storage and handling of the fire7 arms contained in a place of business referred

8 to in subparagraph (A).’’.

9 (b) INSPECTIONS.—Section 923(g)(1) of title 18,

10 United States Code, is amended—

11 (1) in subparagraph (A)—

12 (A) in clause (i), by striking ‘‘, and’’ and

13 inserting a semicolon;

14 (B) in clause (ii), by striking the period at

15 the end and inserting ‘‘; and’’; and

16 (C) by adding at the end the following:

17 ‘‘(iii) with respect the place of business of a li18 censed dealer, the safety and security measures

19 taken by the dealer to ensure compliance with the

20 regulations issued under subsection (m).’’; and

21 (2) in subparagraph (B)—

22 (A) in the matter preceding clause (i), by

23 inserting ‘‘and the place of business of a li24 censed dealer’’ after ‘‘licensed dealer’’;
12

•S 735 IS

1 (B) in clause (ii), by striking ‘‘or’’ at the

2 end;

3 (C) in clause (iii), by striking the period at

4 the end and inserting ‘‘; or’’; and

5 (D) by adding at the end the following:

6 ‘‘(iv) not more than once during any 12-month

7 period, for ensuring compliance by a licensed dealer

8 with the regulations issued under subsection (m).’’.

9 (c) PENALTIES.—Section 924(a)(1) of title 18,

10 United States Code, is amended—

11 (1) in subparagraph (C), by striking ‘‘or’’ at

12 the end;

13 (2) by redesignating subparagraph (D) as sub14 paragraph (E); and

15 (3) by inserting after subparagraph (C) the fol16 lowing:

17 ‘‘(D) being a licensed dealer, knowingly fails to

18 comply with any applicable regulation issued under

19 section 923(m); and’’.

20 TITLE IV—CHILDREN’S FIREARM

21 ACCESS PREVENTION

22 SEC. 401. CHILDREN AND FIREARMS SAFETY.

23 (a) DEFINITION.—Section 921(a)(34)(A) of title 18,

24 United States Code, is amended by inserting ‘‘or remov25 ing’’ after ‘‘deactivating’’.
13

•S 735 IS

1 (b) PROHIBITION.—Section 922 of title 18, United

2 States Code, is amended by inserting after subsection (z),

3 as added by section 101(b) of this Act, the following:

4 ‘‘(aa) PROHIBITION AGAINST GIVING JUVENILES AC5 CESS TO CERTAIN FIREARMS.—

6 ‘‘(1) DEFINITION OF JUVENILE.—In this sub7 section, the term ‘juvenile’ means an individual who

8 has not attained the age of 18 years.

9 ‘‘(2) PROHIBITION.—Except as provided in

10 paragraph (3), it shall be unlawful for any person to

11 keep a loaded firearm, or an unloaded firearm and

12 ammunition for the firearm, any of which has been

13 shipped or transported in interstate or foreign com14 merce or otherwise substantially affects interstate or

15 foreign commerce, within any premise that is under

16 the custody or control of that person if that person

17 knows, or reasonably should know, that a juvenile is

18 capable of gaining access to the firearm without the

19 permission of the parent or legal guardian of the ju20 venile.

21 ‘‘(3) EXCEPTIONS.—Paragraph (2) does not

22 apply if—

23 ‘‘(A) the person uses a secure gun storage

24 or safety device for the firearm;
14

•S 735 IS

1 ‘‘(B) the person is a peace officer, a mem2 ber of the Armed Forces, or a member of the

3 National Guard, and the juvenile obtains the

4 firearm during, or incidental to, the perform5 ance of the official duties of the person in that

6 capacity;

7 ‘‘(C) the juvenile obtains, or obtains and

8 discharges, the firearm in a lawful act of self9 defense or defense of 1 or more other persons;

10 ‘‘(D) the person has no reasonable expecta11 tion, based on objective facts and cir12 cumstances, that a juvenile is likely to be

13 present on the premises on which the firearm is

14 kept; or

15 ‘‘(E) the juvenile obtains the firearm as a

16 result of an unlawful entry by any person.’’.

17 (c) PENALTIES.—Section 924(a) of title 18, United

18 States Code, is amended by adding at the end the fol19 lowing:

20 ‘‘(7) Whoever violates section 922(aa), if a juvenile

21 (as defined in section 922(aa)) obtains access to the fire22 arm and thereby causes death or bodily injury to the juve23 nile or to any other person, or exhibits the firearm either

24 in a public place, or in violation of section 922(q), shall
15

•S 735 IS

1 be fined not more than $10,000, imprisoned not more

2 than 1 year, or both.’’.

3 (d) ROLE OF LICENSED FIREARMS DEALERS.—Sec4 tion 926 of title 18, United States Code, is amended by

5 adding at the end the following:

6 ‘‘(d) CONTENTS OF FORM.—The Secretary shall en7 sure that a copy of section 922(aa) appears on the form

8 required to be obtained by a licensed dealer from a pro9 spective transferee of a firearm.’’.

10 (e) NO EFFECT ON STATE LAW.—Nothing in this

11 section or the amendments made by this section shall be

12 construed to preempt any provision of the law of any

13 State, the purpose of which is to prevent juveniles from

14 injuring themselves or others with firearms.

15 TITLE V—CHILDREN’S FIREARM

16 INJURY SURVEILLANCE

17 SEC. 501. SURVEILLANCE PROGRAM REGARDING INJURIES

18 TO CHILDREN RESULTING FROM FIREARMS.

19 (a) IN GENERAL.—

20 (1) PROGRAM OF GRANTS.—The Secretary of

21 Health and Human Services may make grants to

22 State and local departments of health and State and

23 local law enforcement agencies for purposes of estab24 lishing and maintaining children’s firearm-related in25 jury surveillance systems.
16

•S 735 IS

1 (2) ADMINISTRATION OF PROGRAM.—The Sec2 retary of Health and Human Services shall carry out

3 this section acting through the Director of the Cen4 ters for Disease Control and Prevention. Such Direc5 tor shall carry out this section through the Director

6 of the National Center for Injury Prevention and

7 Control (referred to in this section as the ‘‘Director

8 of the Center’’).

9 (b) CERTAIN USES OF GRANT.—The Director of the

10 Center shall ensure that grants under subsection (a) are

11 used to establish systems for gathering information re12 garding fatal and nonfatal firearm injuries involving chil13 dren who have not the age of 21 years, including informa14 tion with respect to—

15 (1) mortality;

16 (2) morbidity;

17 (3) disability;

18 (4) the type and characteristic of the firearm

19 used in the shooting;

20 (5) the relationship of the victim to the perpe21 trator; and

22 (6) the time and circumstances of the shooting.

23 (c) PRIORITY FOR CERTAIN STATES.—In making

24 grants under this section, the Director of the Center shall

25 give priority to States and communities in which firearm-
17

•S 735 IS

1 related injuries for children are a significant public health

2 problem.

3 (d) AUTHORIZATION OF APPROPRIATIONS.—For the

4 purpose of carrying out this section, there is authorized

5 to be appropriated $5,000,000 for each of fiscal years

6 2000 through 2004.

7 TITLE VI—CHILDREN’S GUN VIO8 LENCE PREVENTION EDU9 CATION

10 SEC. 601. SHORT TITLE; PURPOSES.

11 (a) SHORT TITLE.—This title may be cited as the

12 ‘‘Children’s Gun Violence Prevention Education Act of

13 1999’’.

14 (b) PURPOSES.—The purposes of this title are—

15 (1) to award grants to assist local educational

16 agencies, in consultation with community groups and

17 law enforcement agencies, to educate children about

18 preventing gun violence; and

19 (2) to assist communities in developing partner20 ships between public schools, community organiza21 tions, law enforcement, and parents in educating

22 children about preventing gun violence.

23 SEC. 602. COMPETITIVE GRANTS FOR CHILDREN’S GUN VIO24 LENCE PREVENTION EDUCATION.

25 (a) ALLOCATION OF COMPETITIVE GRANTS.—
18

•S 735 IS

1 (1) RESERVATION.—From amounts appro2 priated under subsection (j) for a fiscal year, the

3 Secretary shall reserve 1 percent to award grants to

4 the outlying areas in accordance with the purposes

5 of this title.

6 (2) GRANTS BY THE SECRETARY.—For any fis7 cal year for which the amount appropriated to carry

8 out this title does not exceed $50,000,000 and from

9 amounts appropriated under subsection (j) and not

10 reserved under paragraph (1), the Secretary is au11 thorized to award grants, on a competitive basis,

12 under subsection (b).

13 (3) GRANTS BY THE STATES.—

14 (A) IN GENERAL.—For any fiscal year for

15 which the amount appropriated to carry out

16 this title exceeds $50,000,000 and from

17 amounts appropriated under subsection (j) and

18 not reserved under paragraph (1), the Secretary

19 shall make allotments to State educational

20 agencies pursuant to subparagraph (B) to en21 able the State educational agencies to award

22 grants, on a competitive basis, under subsection

23 (b).

24 (B) ALLOTMENT FORMULA.—Except as

25 provided in subparagraph (C), the Secretary
19

•S 735 IS

1 shall allot funds appropriated under subsection

2 (j) and not reserved under paragraph (1) for a

3 fiscal year among the States as follows:

4 (i) 75 percent of such funds shall be

5 allotted proportionately based upon the

6 population that is less than 18 years of age

7 in the State;

8 (ii) 25 percent of such funds shall be

9 allotted proportionately based upon the

10 population that is less than 18 years of age

11 in the State that is incarcerated.

12 (C) MINIMUM ALLOTMENT.—If the

13 amount appropriated to carry out this title ex14 ceeds $50,000,000 for a fiscal year, each State

15 shall receive a minimum allotment for the fiscal

16 year of not less than $500,000.

17 (b) AUTHORIZATION OF COMPETITIVE GRANTS.—

18 (1) IN GENERAL.—The Secretary or the State

19 educational agency, as the case may be, is author20 ized to award grants to local educational agencies

21 for the purpose of educating children about pre22 venting gun violence.

23 (2) ASSURANCES.—

24 (A) DISTRIBUTION.—The Secretary or the

25 State educational agency, as the case may be,
20

•S 735 IS

1 shall ensure that not less than 90 percent of

2 the funds allotted under this title to the State

3 are distributed to local educational agencies in

4 the State.

5 (B) AWARDS.—In awarding the grants, the

6 Secretary or the State educational agency, as

7 the case may be, shall ensure, to the maximum

8 extent practicable—

9 (i) an equitable geographic distribu10 tion of grant awards;

11 (ii) an equitable distribution of grant

12 awards among programs that serve public

13 elementary school students, public sec14 ondary school students, and a combination

15 of both public elementary school students

16 and secondary school students; and

17 (iii) that urban, rural and suburban

18 areas are represented within the grants

19 that are awarded.

20 (3) PRIORITY.—In awarding grants under this

21 subsection, the Secretary or the State educational

22 agency, as the case may be, shall give priority to a

23 local educational agency that—

24 (A) coordinates with other Federal, State,

25 and local programs that educate children about
21

•S 735 IS

1 personal health, safety, and responsibility, in2 cluding programs carried out under the Safe

3 and Drug-Free Schools and Communities Act

4 of 1994 (20 U.S.C. 7101 et seq.);

5 (B) serves a population with a high inci6 dence of students found in possession of a

7 weapon on school property, or students sus8 pended or expelled for bringing a weapon onto

9 school grounds or engaging in violent behavior

10 on school grounds; and

11 (C) forms a partnership composed of not

12 less than 1 representative from each of the fol13 lowing:

14 (i) Another local educational agency.

15 (ii) A public or private nonprofit

16 agency or organization with experience in

17 violence prevention.

18 (iii) A local law enforcement agency.

19 (4) PEER REVIEW; CONSULTATION.—

20 (A) PEER REVIEW PANEL.—

21 (i) IN GENERAL.—Before grants are

22 awarded, the Secretary shall submit grant

23 applications to a peer review panel for

24 evaluation.
22

•S 735 IS

1 (ii) COMPOSITION.—Such panel shall

2 be composed of not less than 1 representa3 tive from each of the following:

4 (I) A local educational agency.

5 (II) A State educational agency.

6 (III) A local law enforcement

7 agency.

8 (IV) A public or private nonprofit

9 organization with experience in vio10 lence prevention.

11 (B) SUBMISSION TO ATTORNEY GEN12 ERAL.—The Secretary shall submit grant appli13 cations to the Attorney General for consulta14 tion.

15 (c) PARTNERSHIPS PERMITTED.—A local educational

16 agency may carry out activities under this section in part17 nership with 1 or more of the following:

18 (1) A public or private nonprofit agency or or19 ganization with experience in violence prevention.

20 (2) A local law enforcement agency.

21 (3) An institution of higher education.

22 (d) LOCAL APPLICATIONS; REPORTS.—

23 (1) LOCAL APPLICATIONS.—

24 (A) IN GENERAL.—Each local educational

25 agency that wishes to receive a grant under this
23

•S 735 IS

1 title shall submit an application to the Sec2 retary or the State educational agency, as ap3 propriate, that includes—

4 (i) a description of the proposed ac5 tivities to be funded by the grant and how

6 each activity will further the goal of edu7 cating children about preventing gun vio8 lence;

9 (ii) how the program will be coordi10 nated with other programs that educate

11 children about personal health, safety, and

12 responsibility, including programs carried

13 out under the Safe and Drug-Free Schools

14 and Communities Act of 1994 (20 U.S.C.

15 7101 et seq.); and

16 (iii) the age and number of children

17 that the programs will serve.

18 (B) EXCEPTION.—A State educational

19 agency may, with the approval of a local edu20 cational agency, submit an application on behalf

21 of such local educational agency or a consor22 tium of such agencies.

23 (2) REPORTS.—Each local educational agency

24 that receives a grant under this title shall submit a

25 report to the Secretary and to the State educational
24

•S 735 IS

1 agency not later than 18 months and 36 months

2 after the grant is awarded. Each report shall include

3 information regarding—

4 (A) the activities conducted to educate

5 children about gun violence;

6 (B) how the program will continue to edu7 cate children about gun violence in the future;

8 and

9 (C) how the grant is being coordinated

10 with other Federal, State, and local programs

11 that educate children about personal health,

12 safety, and responsibility, including programs

13 carried out under the Safe and Drug-Free

14 Schools and Communities Act of 1994.

15 (e) AUTHORIZED ACTIVITIES.—

16 (1) REQUIRED ACTIVITIES.—Grants authorized

17 under subsection (b) shall meet the minimum stand18 ards established by the Secretary in consultation

19 with the Attorney General, and shall be used for the

20 following activities:

21 (A) Supporting existing programs that

22 educate children about personal health, safety,

23 and responsibility, including programs carried

24 out under the Safe and Drug-Free Schools and

25 Communities Act of 1994.
25

•S 735 IS

1 (B) Educating children about the effects of

2 gun violence.

3 (C) Educating children to identify dan4 gerous situations in which guns are involved

5 and how to avoid and prevent such situations.

6 (D) Educating children how to identify

7 threats and other indications that their peers

8 are in possession of a gun and may use a gun,

9 and what steps the children can take in such

10 situations.

11 (E) Developing programs to give children

12 access to adults to whom the children can re13 port in a confidential manner about problems

14 relating to guns.

15 (2) PERMISSIBLE ACTIVITIES.—Grants author16 ized under subsection (b) may be used for the fol17 lowing:

18 (A) Encouraging schoolwide programs and

19 partnerships that involve teachers, students,

20 parents, administrators, other staff, and mem21 bers of the community in reducing gun inci22 dents in public elementary schools and sec23 ondary schools.
26

•S 735 IS

1 (B) Establishing programs that assist par2 ents in helping educate their children about gun

3 safety and the prevention of gun violence.

4 (C) Providing ongoing professional devel5 opment for public school staff and administra6 tors to identify the causes and effects of gun vi7 olence and risk factors and student behavior

8 that may result in gun violence, including train9 ing sessions to review and update school crisis

10 response plans and school policies for pre11 venting the presence of guns on school grounds

12 and facilities;

13 (D) Providing technical assistance for

14 school psychologists and counselors to provide

15 timely counseling and evaluations, in accord16 ance with State and local laws, of students who

17 possess a weapon on school grounds.

18 (E) Improving security on public elemen19 tary and secondary school campuses to prevent

20 outside persons from entering school grounds

21 with guns.

22 (F) Assisting public schools and commu23 nities in developing crisis response plans when

24 guns are found on school campuses and when

25 gun-related incidents occur.
27

•S 735 IS

1 (f) STATE APPLICATIONS; ACTIVITIES AND RE2 PORTS.—

3 (1) STATE APPLICATIONS.—

4 (A) IN GENERAL.—Each State desiring to

5 receive funds under this title shall, through its

6 State educational agency, submit an application

7 to the Secretary at such time and in such man8 ner as the Secretary shall require. Such applica9 tion shall describe—

10 (i) the manner in which funds under

11 this title for State activities and competi12 tive grants will be used to fulfill the pur13 poses of this title;

14 (ii) the manner in which the activities

15 and projects supported by this title will be

16 coordinated with other State and Federal

17 education, law enforcement, and juvenile

18 justice programs, including programs car19 ried out under the Safe and Drug-Free

20 Schools and Communities Act of 1994;

21 (iii) the manner in which States will

22 ensure an equitable geographic distribution

23 of grant awards; and
28

•S 735 IS

1 (iv) the criteria which will be used to

2 determine the impact and effectiveness of

3 the funds used pursuant to this title.

4 (B) SUBMISSION.—A State educational

5 agency may submit an application to receive a

6 grant under this title under paragraph (1) or as

7 an amendment to the application the State edu8 cational agency submits under the Safe and

9 Drug-Free Schools and Communities Act of

10 1994.

11 (2) STATE ACTIVITIES.—Of appropriated

12 amounts allotted to the States under subsection

13 (a)(3)(B), the State educational agency may reserve

14 not more than 10 percent for activities to further

15 the purposes of this title, including—

16 (A) providing technical assistance to local

17 educational agencies in the State;

18 (B) performing ongoing research into the

19 causes of gun violence among children and

20 methods to prevent gun violence among chil21 dren; and

22 (C) providing ongoing professional develop23 ment for public school staff and administrators

24 to identify the causes and indications of gun vi25 olence.
29

•S 735 IS

1 (3) STATE REPORTS.—Each State educational

2 agency receiving an allotment under this title shall

3 submit a report to the Secretary, and to the Com4 mittees on Education and the Workforce and the

5 Judiciary of the House of Representatives, and the

6 Committees on Health, Education, Labor, and Pen7 sions and the Judiciary of the Senate, not later than

8 12 months and 36 months after receipt of the grant

9 award. Each report shall include information

10 regarding—

11 (A) the progress of local educational agen12 cies that received a grant award under this title

13 in the State in educating children about pre14 venting gun violence;

15 (B) the progress of State activities under

16 paragraph (2) to advance the goals of this title;

17 and

18 (C) how the State is coordinating funds al19 lotted under this title with other State and Fed20 eral education, law enforcement, and juvenile

21 justice programs, including programs carried

22 out under the Safe and Drug-Free Schools and

23 Communities Act of 1994.

24 (g) SUPPLEMENT NOT SUPPLANT.—A State edu25 cational agency or local educational agency shall use funds
30

•S 735 IS

1 received under this title only to supplement the amount

2 of funds that would, in the absence of such Federal funds,

3 be made available from non-Federal sources for reducing

4 gun violence among children and educating children about

5 preventing gun violence, and not to supplant such funds.

6 (h) DISPLACEMENT.—A local educational agency that

7 receives a grant award under this title shall ensure that

8 persons hired to carry out the activities under this title

9 do not displace persons already employed.

10 (i) HOME SCHOOLS.—Nothing in this title shall be

11 construed to affect home schools.

12 (j) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated to carry out this section

14 $60,000,000 for each of fiscal years 2000, 2001, and

15 2002.

16 SEC. 603. DISSEMINATION OF INFORMATION.

17 (a) GUIDELINES.—

18 (1) ESTABLISHMENT.—Before awarding a

19 grant under section 602, the Secretary shall consult

20 with the Attorney General to establish guidelines for

21 gun violence prevention education programs for chil22 dren.

23 (2) PUBLICATION AND DISTRIBUTION.—The

24 guidelines established pursuant to paragraph (1)

25 shall be published in the Federal Register not later
31

•S 735 IS

1 than 90 days after the date of the enactment of this

2 Act and disseminated to each State educational

3 agency and local educational agency that applies to

4 receive a grant under section 602.

5 (b) MODEL DISSEMINATION.—The Secretary shall

6 include on the Internet site of the Department of Edu7 cation a description of programs that receive grants under

8 section 602.

9 (c) GRANT PROGRAM NOTIFICATION.—The Secretary

10 shall publicize the competitive grant program authorized

11 under section 602 through its Internet site, publications,

12 and public service announcements.

13 SEC. 604. DEFINITIONS.

14 For purposes of this title—

15 (1) the terms ‘‘elementary school’’, ‘‘local edu16 cational agency’’, ‘‘secondary school’’, and ‘‘State

17 educational agency’’ have the meanings given the

18 terms in section 14101 of the Elementary and Sec19 ondary Education Act of 1965 (20 U.S.C. 8701);

20 (2) the term ‘‘outlying area’’ means Guam,

21 American Samoa, the Commonwealth of the North22 ern Mariana Islands, the United States Virgin Is23 lands, the Republic of the Marshall Islands, the Fed24 erated States of Micronesia, and the Republic of

25 Palau;
32

•S 735 IS

1 (3) the term ‘‘Secretary’’ means the Secretary

2 of Education; and

3 (4) the term ‘‘State’’ means each of the 50

4 States, the District of Columbia, and the Common5 wealth of Puerto Rico.

6 SEC. 605. AMENDMENT TO SAFE AND DRUG-FREE SCHOOLS

7 AND COMMUNITIES ACT OF 1994.

8 Section 4116(a)(1) of the Safe and Drug-Free

9 Schools and Communities Act of 1994 (20 U.S.C. 7116)

10 is amended—

11 (1) in subparagraph (B), by striking ‘‘and’’

12 after the semicolon;

13 (2) by redesignating subparagraph (C) as sub14 paragraph (D); and

15 (3) by inserting after subparagraph (B) the fol16 lowing:

17 ‘‘(C) to the extent practicable, provide

18 timely counseling (without requiring the hiring

19 of additional staff) to—

20 ‘‘(i) and evaluations of any public

21 school student, in accordance with State

22 and local law, who possesses a weapon on

23 school grounds or who threatens to bring

24 or use a weapon on school grounds; and
33

•S 735 IS

1 ‘‘(ii) and advice to public school stu2 dents, staff, and administrators after an

3 incident of gun-related violence on school

4 grounds; and’’.

5 TITLE VII—CHILDREN’S

6 FIREARM TRACKING

7 SEC. 701. YOUTH CRIME GUN INTERDICTION INITIATIVE.

8 (a) IN GENERAL.—

9 (1) TARGET PARTICIPATION.—The Secretary of

10 the Treasury (referred to in this section as the ‘‘Sec11 retary’’) shall take such actions as may be necessary

12 to increase the number of cities and counties directly

13 participating in the Youth Crime Gun Interdiction

14 Initiative (referred to in this section as the

15 ‘‘YCGII’’) to—

16 (A) 37 cities or counties by not later than

17 October 1, 2000;

18 (B) 50 cities or counties by not later than

19 October 1, 2002; and

20 (C) 75 cities or counties by not later than

21 October 1, 2003.

22 (2) SELECTION.—Cities and counties selected

23 for participation in the YCGII shall be selected by

24 the Secretary in consultation with Federal, State,

25 and local law enforcement officials.
34

•S 735 IS

1 (b) IDENTIFICATION AND PROSECUTION OF OFFEND2 ERS.—The Secretary shall—

3 (1) utilizing the information provided by the

4 YCGII, facilitate the identification and prosecution

5 of individuals illegally trafficking firearms (as de6 fined in section 921(a) of title 18, United States

7 Code) to individuals who have not attained the age

8 of 24 years; and

9 (2) share information derived from the YCGII

10 with State and local law enforcement agencies

11 through on-line computer access, as soon as such ca12 pability is available.

13 (c) GRANTS AUTHORIZED.—

14 (1) IN GENERAL.—The Secretary shall award

15 grants (in the form of funds or equipment) to

16 States, cities, and counties for purposes of assisting

17 those entities in the tracing of firearms and partici18 pation in the YCGII.

19 (2) USE OF GRANTS.—Each grant under this

20 subsection shall be used to—

21 (A) hire or assign additional personnel for

22 the gathering, submission and analysis of trac23 ing data submitted to the Bureau of Alcohol,

24 Tobacco and Firearms under the YCGII;
35

•S 735 IS

1 (B) hire additional law enforcement per2 sonnel for the purpose of identifying and arrest3 ing individuals illegally trafficking firearms; and

4 (C) purchase additional equipment, includ5 ing automatic data processing equipment and

6 computer software and hardware, for the timely

7 submission and analysis of tracing data.

Æ