II

105TH CONGRESS

2D SESSION S. 2185

To protect children from firearms violence.

IN THE SENATE OF THE UNITED STATES

JUNE 17, 1998

Mr. KENNEDY (for himself, Mrs. BOXER, Mr. DODD, and Mr. REED) 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 1998’’.

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—THE CHILDREN’S FIREARM SAFETY ACT OF 1998

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

Sec. 102. Consumer Product Safety Commission study.

TITLE II—THE CHILDREN’S FIREARMS AGE LIMIT ACT OF 1998

Sec. 201. Extension of juvenile handgun ban to semiautomatic assault weapons.
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Sec. 202. Increased penalty for transferring handgun or semiautomatic assault

weapon to juvenile for use in a crime of violence.

TITLE III—THE CHILDREN’S FIREARM DEALER’S

RESPONSIBILITY ACT OF 1998

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

firearm to a minor.

Sec. 302. 2 forms of identification required from firearms purchasers under age

24.

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

TITLE IV—THE CHILDREN’S FIREARM ACCESS PREVENTION ACT

OF 1998

Sec. 401. Short title.

Sec. 402. Children and firearms safety.

TITLE V—THE CHILDREN’S FIREARM INJURY SURVEILLANCE

ACT OF 1998

Sec. 501. Short title.

Sec. 502. Surveillance program regarding injuries to children resulting from

firearms.

TITLE VI—THE CHILDREN’S FIREARM EDUCATION ACT OF 1998

Sec. 601. Short title; purposes.

Sec. 602. Competitive grants for children’s firearm education.

Sec. 603. Dissemination of best practices.

Sec. 604. Definitions.

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

1994.

TITLE VII—THE CHILDREN’S FIREARM TRACKING ACT OF 1998

Sec. 701. Youth Crime Gun Interdiction Initiative.

1 TITLE I—THE CHILDREN’S

2 FIREARM SAFETY ACT OF 1998

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

5 Section 922 of title 18, United States Code, is

6 amended by inserting after subsection (x) the following:

7 ‘‘(y)(1) Beginning on the date that is 18 months after

8 the date of enactment of this subsection it shall be unlaw-
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1 ful for any person to manufacture or import an unsafe

2 handgun.

3 ‘‘(2) The term ‘unsafe handgun’ means—

4 ‘‘(A) any handgun which the Secretary deter5 mines, when new, fires in any of 5 successive trials

6 in which the handgun (loaded with an empty case

7 with a primer installed and having built-in manual

8 handgun safety devices deactivated so that the hand9 gun is ready to fire) is dropped onto a solid slab of

10 concrete from a height of one meter from each of

11 the following positions:

12 ‘‘(i) normal firing position;

13 ‘‘(ii) upside down;

14 ‘‘(iii) on grip;

15 ‘‘(iv) on the muzzle;

16 ‘‘(v) on either side;

17 ‘‘(vi) on the exposed hammer or striker;

18 ‘‘(vii) if there is no hammer or striker, the

19 rearmost part of the firearm; and

20 ‘‘(viii) any other position which the Sec21 retary determines is necessary to determine

22 whether the handgun is subject to accidental

23 discharge;

24 ‘‘(B) any handgun without a child resistant

25 trigger mechanism reasonably designed to prevent a
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1 child who has not attained 5 years of age from oper2 ating the weapon when it is ready to fire. Such

3 mechanism may include:

4 ‘‘(i) any handgun without a trigger resist5 ant to a ten pound pull; or

6 ‘‘(ii) any handgun, under rules determined

7 by the Secretary, which is designed so that the

8 hand of an average child who has not attained

9 5 years of age is unable to grip the trigger;

10 ‘‘(C) any semiautomatic pistol which does not

11 have a magazine safety disconnect that prevents the

12 pistol from being fired once the magazine or clip is

13 removed from the weapon.

14 ‘‘(D) a handgun sold without a mechanism rea15 sonable designed, under rules determined by the Sec16 retary, to prevent the discharge of the weapon by

17 unauthorized users, including but not limited to the

18 following devices:

19 ‘‘(i) a detachable, key activated or com20 bination lock which prevents the trigger from

21 being pulled or the hammer from striking the

22 primer; or

23 ‘‘(ii) a solenoid use-limitation device which

24 prevents, by use of a magnetically activated

25 relay, the firing of the weapon unless a magnet
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1 of the appropriate strength is placed in proxim2 ity to the handle of the gun.

3 ‘‘(3) Paragraph (1) shall not apply to—

4 ‘‘(A) the manufacture or importation of a hand5 gun, by a licensed manufacturer or licensed im6 porter, for use by the United States or a department

7 or agency of the United States or a State or a de8 partment, agency, or political subdivision of a State;

9 or

10 ‘‘(B) the manufacture or importation by a li11 censed manufacturer or licensed importer for the

12 purposes of testing or experimentation authorized by

13 the Secretary.

14 ‘‘(4) This subsection shall not be construed to pre15 empt or limit in any way any causes of action available

16 under the law of any State against a manufacturer of a

17 firearm.’’.

18 SEC. 102. CONSUMER PRODUCT SAFETY COMMISSION

19 STUDY.

20 (a) STUDY.—Notwithstanding any other provision of

21 law, the Consumer Product Safety Commission, in con22 sultation with the Bureau of Alcohol, Tobacco and Fire23 arms, shall conduct a study to determine how the safety

24 of handguns can be improved so as to prevent their unau25 thorized use or discharge by children who have not at-
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1 tained 18 years of age. The study shall include the testing

2 and evaluation of—

3 (1) locking devices that, while installed on a

4 handgun, prevent the handgun from being dis5 charged, and that can be removed or deactivated by

6 means of a key or a mechanically, electronically, or

7 electro-mechanically operated combination lock;

8 (2) locking devices that are incorporated into

9 the design of a handgun, that, when activated, pre10 vent a handgun from being discharged, and that can

11 be deactivated by means of a key or a mechanically,

12 electronically, or electro-mechanically operated com13 bination lock;

14 (3) storage boxes, cases, or safes equipped with

15 a mechanically, electronically, or electro-mechanically

16 operated lock that, when activated, prevents access

17 to a firearm located in the storage box, case, or safe.

18 (b) REPORT TO THE CONGRESS.—Within 1 year after

19 the date of the enactment of this Act, the Consumer Prod20 uct Safety Commission shall submit to the Congress a re21 port that details the results of the study required by sub22 section (a) and that includes recommendations on how

23 handgun safety can be improved and how changes in

24 handgun design can reduce unauthorized access to guns

25 by children who have not attained 18 years of age.
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1 (c) LIMITATION ON AUTHORIZATION OF APPROPRIA2 TIONS.—To carry out this section, there are authorized

3 to be appropriated to the Director of the Consumer Prod4 uct Safety Commission $1,500,000 for fiscal year 1999.

5 TITLE II—THE CHILDREN’S FIRE6 ARMS AGE LIMIT ACT OF 1998

7 SEC. 201. EXTENSION OF JUVENILE HANDGUN BAN TO

8 SEMIAUTOMATIC ASSAULT WEAPONS.

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

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

11 (1) by striking ‘‘or’’ at the end of subparagraph

12 (A);

13 (2) by striking the period at the end of sub14 paragraph (B) and inserting ‘‘; or’’; and

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

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

17 SEC. 202. INCREASED PENALTY FOR TRANSFERRING HAND18 GUN OR SEMIAUTOMATIC ASSAULT WEAPON

19 TO JUVENILE FOR USE IN A CRIME OF VIO20 LENCE.

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

22 Code, is amended by striking ‘‘10’’ and inserting ‘‘20’’.
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1 TITLE III—THE CHILDREN’S

2 FIREARM DEALER’S RESPON3 SIBILITY ACT OF 1998

4 SEC. 301. AUTOMATIC REVOCATION OF LICENSE OF FIRE5 ARMS DEALER WHO WILLFULLY SELLS FIRE6 ARM TO A MINOR.

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

8 amended by inserting after the 3rd sentence the following:

9 ‘‘The Secretary, after notice and opportunity for hearing,

10 shall revoke the license of a dealer who willfully sells a

11 firearm to an individual who has not attained 18 years

12 of age.’’.

13 SEC. 302. 2 FORMS OF IDENTIFICATION REQUIRED FROM

14 FIREARMS PURCHASERS UNDER AGE 24.

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

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

17 reasonable case to believe that the transferee has not at18 tained 24 years of age, 2)’’ before ‘‘valid’’.

19 SEC. 303. MINIMUM SAFETY AND SECURITY STANDARDS

20 FOR GUN SHOPS.

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

22 States Code, is amended by adding at the end the follow23 ing:

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

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

2 the date of enactment of this subsection, the Sec3 retary of the Treasury, acting through the Director

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

5 shall issue final regulations that establish minimum

6 firearm safety and security standards that shall

7 apply to dealers who are issued a license under this

8 section.

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

10 issued under this subsection shall include minimum

11 safety and security standards for—

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

13 covered by the regulations conducts business or

14 stores firearms;

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

16 rooms, containers, alarms, and other items of a

17 place of business referred to in subparagraph

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

19 through the Director of the Bureau of Alcohol,

20 Tobacco and Firearms, determines to be appro21 priate; and

22 ‘‘(C) the storage and handling of the fire23 arms contained in a place of business referred

24 to in subparagraph (A).’’.
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1 (b) INSPECTIONS.—Section 923(g)(1) of title 18,

2 United States Code, is amended—

3 (1) in subparagraph (A)—

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

5 inserting a semicolon;

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

7 the end and inserting ‘‘; and’’; and

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

9 ‘‘(iii) with respect the place of business of a li10 censed dealer, the safety and security measures

11 taken by the dealer to ensure compliance with the

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

13 (2) in subparagraph (B)—

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

15 inserting ‘‘and the place of business of a li16 censed dealer’’ after ‘‘licensed dealer’’;

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

18 end;

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

20 the end and inserting ‘‘; or’’; and

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

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

23 period, for ensuring compliance by a licensed dealer

24 with the regulations issued under subsection (m).’’.
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1 (c) PENALTIES.—Section 924(a)(1) of title 18,

2 United States Code, is amended—

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

4 the end;

5 (2) by redesignating subparagraph (D) as sub6 paragraph (E); and

7 (3) by inserting after subparagraph (C) the fol8 lowing:

9 ‘‘(D) being a licensed dealer, knowingly

10 fails to comply with any applicable regulation

11 issued under section 923(m); and’’.

12 TITLE IV—THE CHILDREN’S

13 FIREARM ACCESS PREVEN14 TION ACT OF 1998

15 SEC. 401. SHORT TITLE.

16 This title may be cited as the ‘‘Children’s Firearm

17 Access Prevention Act of 1998’’.

18 SEC. 402. CHILDREN AND FIREARMS SAFETY.

19 (a) SECURE GUN STORAGE OR SAFETY DEVICE.—

20 Section 921(a) of title 18, United States Code, is amended

21 by adding at the end the following:

22 ‘‘(34) The term ‘secure gun storage or safety device’

23 means—

24 ‘‘(A) a device that, when installed on a firearm,

25 is designed to prevent the firearm from being oper-
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1 ated without first deactivating or removing the de2 vice;

3 ‘‘(B) a device incorporated into the design of

4 the firearm that is designed to prevent the operation

5 of the firearm by anyone not having access to the

6 device; or

7 ‘‘(C) a safe, gun safe, gun case, lock box, or

8 other device that is designed to be or can be used

9 to store a firearm and that is designed to be un10 locked only by means of a key, a combination, or

11 other similar means.’’.

12 (b) PROHIBITION AND PENALTIES.—Section 922 of

13 such title is further amended by adding at the end the

14 following:

15 ‘‘(z)(1) In this subsection, the term ‘juvenile’ means

16 an individual who has not attained 18 years of age.

17 ‘‘(2) Except as provided in paragraph (3), any person

18 who—

19 ‘‘(A) keeps a loaded firearm, or an unloaded

20 firearm and ammunition for the firearm, any of

21 which has been shipped or transported in interstate

22 or foreign commerce or otherwise substantially af23 fects interstate or foreign commerce, on premises

24 under the custody or control of the person; and
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1 ‘‘(B) knows, or reasonably should know, that a

2 juvenile is capable of gaining access to the firearm

3 without the permission of a parent or legal guardian

4 of the juvenile;

5 shall, if a juvenile obtains access to the firearm and there6 by causes death or bodily injury to the juvenile or any

7 other person, or exhibits the firearm in a public place or

8 in violation of subsection (q), be imprisoned not more than

9 1 year, fined not more than $10,000, or both.

10 ‘‘(3) Paragraph (2) shall not apply if—

11 ‘‘(A) the person uses a secure gun storage or

12 safety device for the firearm;

13 ‘‘(B) the person is a peace officer, a member of

14 the Armed Forces, or a member of the National

15 Guard, and the juvenile obtains the firearm during,

16 or incidental to, the performance of the official du17 ties of the person in that capacity;

18 ‘‘(C) the juvenile obtains, or obtains and dis19 charges, the firearm in a lawful act of self-defense

20 or defense of 1 or more other persons; or

21 ‘‘(D) the person has no reasonable expectation,

22 based on objective facts and circumstances, that a

23 juvenile is likely to be present on the premises on

24 which the firearm is kept.
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1 ‘‘(4) This subsection shall not be construed to pre2 empt any provision of the law of any State, the purpose

3 of which is to prevent children from injuring themselves

4 or others with firearms, or to preempt or limit in any way

5 any causes of action available under the law of any State

6 against a manufacturer of a firearm.’’.

7 (c) ROLE OF LICENSED FIREARMS DEALERS.—Sec8 tion 926 of such title is amended by adding at the end

9 the following:

10 ‘‘(d) The Secretary shall ensure that a copy of section

11 922(z) appears on the form required to be obtained by

12 a licensed dealer from a prospective transferee of a fire13 arm.’’.

14 TITLE V—THE CHILDREN’S FIRE15 ARM INJURY SURVEILLANCE

16 ACT OF 1998

17 SEC. 501. SHORT TITLE.

18 This title may be cited as the ‘‘Children’s Firearm

19 Injury Surveillance Act of 1998’’.

20 SEC. 502. SURVEILLANCE PROGRAM REGARDING INJURIES

21 TO CHILDREN RESULTING FROM FIREARMS.

22 (a) IN GENERAL.—

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

24 Health and Human Services may make grants to

25 State and local departments of health and State and
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1 local law enforcement agencies for purposes of estab2 lishing and maintaining children’s firearm-related in3 jury surveillance systems.

4 (2) ADMINISTRATION OF PROGRAM.—The Sec5 retary of Health and Human Services shall carry out

6 this section acting through the Director of the Cen7 ters for Disease Control and Prevention. Such Direc8 tor shall carry out this section through the Director

9 of the National Center for Injury Prevention and

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

11 of the Center’’).

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

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

14 used to establish systems for gathering information re15 garding fatal and nonfatal firearm injuries involving chil16 dren who have not attained 21 years of age, including in17 formation with respect to—

18 (1) mortality;

19 (2) morbidity;

20 (3) disability;

21 (4) the type and characteristic of the firearm

22 used in the shooting;

23 (5) the relationship of the victim to the per24 petrator; and

25 (6) the time and circumstances of the shooting.
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1 (c) PRIORITY FOR CERTAIN STATES.—In making

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

3 give priority to States and communities in which firearm4 related injuries for children are a significant public health

5 problem.

6 (d) AUTHORIZATION OF APPROPRIATIONS.—For the

7 purpose of carrying out this section, there is authorized

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

9 1999 through 2003.

10 TITLE VI—THE CHILDREN’S

11 FIREARM EDUCATION ACT OF

12 1998

13 SEC. 601. SHORT TITLE; PURPOSES.

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

15 ‘‘Children’s Firearm Education Act of 1998’’.

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

17 (1) to award grants to assist local educational

18 agencies, in consultation with community groups and

19 law enforcement agencies, to educate children about

20 and preventing violence; and

21 (2) to assist communities in developing partner22 ships between public schools, community organiza23 tions, law enforcement, and parents in educating

24 children about preventing gun violence.
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1 SEC. 602. COMPETITIVE GRANTS FOR CHILDREN’S FIRE2 ARM EDUCATION.

3 (a) ALLOCATION OF COMPETITIVE GRANTS.—

4 (1) GRANTS BY THE SECRETARY.—For any fis5 cal year in which the amount appropriated to carry

6 out this title does not equal or exceed $50,000,000,

7 the Secretary is authorized to award competitive

8 grants described under subsection (b).

9 (2) GRANTS BY THE STATES.—For any fiscal

10 year in which the amount appropriated to carry out

11 this title exceeds $50,000,000, the Secretary shall

12 make allotments to State educational agencies pur13 suant to subsection (a)(3) to award competitive

14 grants described in subsection (b).

15 (3) FORMULA.—Except as provided in para16 graph (4), funds appropriated to carry out this title

17 shall be allocated among the States as follows:

18 (A) 75 percent of such amount shall be al19 located proportionately based upon the popu20 lation that is less than 18 years of age in the

21 State;

22 (B) 25 percent of such amount shall be al23 located proportionately based upon the popu24 lation that is less than 18 years of age in the

25 State that is incarcerated.
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1 (4) MINIMUM ALLOTMENT.—If the amount ap2 propriated to carry out this title exceeds

3 $50,000,000, each State shall receive a minimum

4 grant award each fiscal year of not less than

5 $500,000.

6 (b) AUTHORIZATION OF COMPETITIVE GRANTS.—

7 The Secretary or the State educational agency, as the case

8 may be, is authorized to award grants to eligible local edu9 cational agencies for the purposes of educating children

10 about preventing gun violence.

11 (1) ASSURANCES.—

12 (A) The Secretary or the State educational

13 agency, as the case may be, shall ensure that

14 not less than 90 percent of the funds allotted

15 under this title are distributed to local edu16 cational agencies.

17 (B) In awarding the grants, the Secretary

18 or the State educational agency, as the case

19 may be, shall ensure, to the maximum extent

20 practicable—

21 (i) an equitable geographic distribu22 tion of grant awards;

23 (ii) an equitable distribution of grant

24 awards among programs that serve public

25 elementary school students, public second-
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1 ary school students, and a combination of

2 both; and

3 (iii) that urban, rural and suburban

4 areas are represented within the grants

5 that are awarded.

6 (2) PRIORITY.—In awarding grants under this

7 subsection, the Secretary or the State educational

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

9 local educational agency that—

10 (A) coordinates with other Federal, State,

11 and local programs that educate children about

12 personal health, safety, and responsibility, in13 cluding programs carried out under the Safe

14 and Drug-Free Schools and Communities Act

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

16 (B) serves a population with a high inci17 dence of students found in possession of a

18 weapon on school property or students sus19 pended or expelled for bringing a weapon onto

20 school grounds or engaging in violent behavior

21 on school grounds;

22 (C) forms a partnership that includes not

23 less than 1 local educational agency working in

24 consultation with not less than 1 public or pri25 vate nonprofit agency or organization with ex-
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1 perience in violence prevention or 1 local law

2 enforcement agency.

3 (3) PEER REVIEW; CONSULTATION.—

4 (A)(i) Before grants are awarded, the Sec5 retary shall submit grant applications to a peer

6 review panel for evaluation.

7 (ii) Such panel shall be composed of not

8 less than 1 representative from a local edu9 cational agency, State educational agency, a

10 local law enforcement agency, and a public or

11 private nonprofit organization with experience

12 in violence prevention.

13 (B) The Secretary shall submit grant ap14 plications to the Attorney General for consulta15 tion.

16 (c) ELIGIBLE GRANT RECIPIENTS.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), an eligible grant recipient is a local edu19 cational agency that may work in partnership with

20 1 or more of the following:

21 (A) A public or private nonprofit agency or

22 organization with experience in violence preven23 tion.

24 (B) A local law enforcement agency.

25 (C) An institution of higher education.
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1 (2) EXCEPTION.—A State educational agency

2 may, with the approval of a local educational agency,

3 submit an application on behalf of such local edu4 cational agency or a consortium of such agencies.

5 (d) LOCAL APPLICATIONS; REPORTS.—

6 (1) APPLICATIONS.—Each local educational

7 agency that wishes to receive a grant under this title

8 shall submit an application to the Secretary and the

9 State educational agency that includes—

10 (A) a description of the proposed activities

11 to be funded by the grant and how each activity

12 will further the goal of educating children about

13 preventing gun violence;

14 (B) how the program will be coordinated

15 with other programs that educate children

16 about personal health, safety, and responsibil17 ity, including programs carried out under the

18 Safe and Drug-Free Schools and Communities

19 Act of 1994 (20 U.S.C. 7101 et seq.); and

20 (C) the age and number of children that

21 the programs will serve.

22 (2) REPORTS.—Each local educational agency

23 that receives a grant under this title shall submit a

24 report to the Secretary and to the State educational

25 agency not later than 18 months and 36 months
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1 after the grant is awarded. Each report shall include

2 information regarding—

3 (A) the activities conducted to educate

4 children about gun violence;

5 (B) how the program will continue to edu6 cate children about gun violence in the future;

7 and

8 (C) how the grant is being coordinated

9 with other Federal, State, and local programs

10 that educate children about personal health,

11 safety, and responsibility, including programs

12 carried out under the Safe and Drug-Free

13 Schools and Communities Act of 1994 (20

14 U.S.C. 7101 et seq.).

15 (e) AUTHORIZED ACTIVITIES.—

16 (1) REQUIRED ACTIVITIES.—Grants authorized

17 under subsection (b) shall be used for the following

18 activities:

19 (A) Supporting existing programs that

20 educate children about personal health, safety,

21 and responsibility, including programs carried

22 out under the Safe and Drug-Free Schools and

23 Communities Act of 1994 (20 U.S.C. 7101 et

24 seq).
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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 they can take in such situations.

10 (E) Developing programs to give children

11 access to adults to whom they can report in a

12 confidential manner about problems relating to

13 guns.

14 (2) PERMISSIBLE ACTIVITIES.—Grants author15 ized under subsection (b) may be used for the follow16 ing:

17 (A) Encouraging schoolwide programs and

18 partnerships that involve teachers, students,

19 parents, administrators, other staff, and mem20 bers of the community in reducing gun inci21 dents in public elementary and secondary

22 schools.

23 (B) Establishing programs that assist par24 ents in helping educate their children about
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1 firearm safety and the prevention of gun vio2 lence.

3 (C) Providing ongoing professional devel4 opment for public school staff and administra5 tors to identify the causes and effects of gun vi6 olence and risk factors and student behavior

7 that may result in gun violence, including train8 ing sessions to review and update school crisis

9 response plans and school policies for prevent10 ing the presence of guns on school grounds and

11 facilities;

12 (D) Providing technical assistance for

13 school psychologists and counselors to provide

14 timely counseling and evaluations, in accord15 ance with State and local laws, of students who

16 possess a weapon on school grounds.

17 (E) Improving security on public elemen18 tary and secondary school campuses to prevent

19 outside persons from entering school grounds

20 with firearms.

21 (F) Assisting public schools and commu22 nities in developing crisis response plans when

23 firearms are found on school campuses and

24 when gun-related incidents occur.
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1 (f) STATE APPLICATIONS; ACTIVITIES AND RE2 PORTS.—

3 (1) STATE APPLICATIONS.—

4 (A) Each State desiring to receive funds

5 under this title shall, through its State edu6 cational agency, submit an application to the

7 Secretary of Education at such time and in

8 such manner as the Secretary shall require.

9 Such application 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 the Safe and

19 Drug-Free Schools and Communities Act

20 of 1994;

21 (iii) the manner in which States will

22 ensure an equitable geographic distribution

23 of grant awards; and
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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) A State educational agency may sub5 mit an application to receive a grant under this

6 title under paragraph (1) or as an amendment

7 to the application it submits under the Safe and

8 Drug-Free Schools and Communities Act of

9 1994.

10 (3) STATE ACTIVITIES.—Of appropriated

11 amounts allocated to the States under subsection

12 (a)(2), the State educational agency may reserve not

13 more than 10 percent for activities to further the

14 goals of this title, including—

15 (A) providing technical assistance to eligi16 ble grant recipients in the State;

17 (B) performing ongoing research into the

18 causes of gun violence among children and

19 methods to prevent gun violence among chil20 dren; and

21 (C) providing ongoing professional develop22 ment for public school staff and administrators

23 to identify the causes and indications of gun vi24 olence.
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1 (4) STATE REPORTS.—Each State receiving an

2 allotment under this title shall submit a report to

3 the Secretary and to the Committees on Education

4 and the Workforce and Judiciary of the House of

5 Representatives, and the Committees on Labor and

6 Human Resources and Judiciary of the Senate, not

7 later than 12 months and 36 months after receipt

8 of the grant award. Each report shall include infor9 mation regarding—

10 (A) the progress of local educational agen11 cies that received a grant award under this title

12 in the State in educating children about fire13 arms;

14 (B) the progress of State activities under

15 paragraph (1) to advance the goals of this title;

16 and

17 (C) how the State is coordinating funds al18 located under this title with other State and

19 Federal education, law enforcement, and juve20 nile justice programs, including the Safe and

21 Drug-Free Schools and Communities Act of

22 1994 (20 U.C.S.C. 7101 et seq.).

23 (g) SUPPLEMENT NOT SUPPLANT.—A State or local

24 educational agency shall use funds received under this title

25 only to supplement the amount of funds that would, in
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1 the absence of such Federal funds, be made available from

2 non-Federal sources for reducing gun violence among chil3 dren and educating children about firearms, and not to

4 supplant such funds.

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

6 receives a grant award under this title shall ensure that

7 persons hired to carry out the activities under this title

8 do not displace persons already employed.

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

10 construed to affect home schools.

11 (j) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated for this section

13 $60,000,000 for each of fiscal years 1999, 2000, and

14 2001.

15 SEC. 603. DISSEMINATION OF BEST PRACTICES.

16 (a) MODEL DISSEMINATION.— The Secretary shall

17 include on the Internet site of the Department of Edu18 cation a description of programs that receive grants under

19 section 602.

20 (b) GRANT PROGRAM NOTIFICATION.—The Sec21 retary shall publicize the competitive grant program

22 through its Internet site, publications, and public service

23 announcements.

24 SEC. 604. DEFINITIONS.

25 For purposes of this title—
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1 (1) the term ‘‘local educational agency’’ has the

2 same meaning given such term in section 14101(18)

3 of the Elementary and Secondary Education Act of

4 1965 (20 U.S.C. 8701).

5 (2) the term ‘‘Secretary’’ means the Secretary

6 of Education; and

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

8 States, the District of Columbia, the Commonwealth

9 of Puerto Rico, Guam, American Samoa, the Com10 monwealth of the Northern Mariana Islands, and

11 the United States Virgin Islands.

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

13 AND COMMUNITIES ACT OF 1994.

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

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

16 is amended—

17 (1) by redesignating subparagraph (C) as sub18 paragraph (D); and by inserting after subparagraph

19 (B) the following:

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

21 timely counseling (without requiring the hiring

22 of additional staff)—

23 ‘‘(i) and evaluations of any student, in

24 accordance with State and local law, who

25 possesses a weapon on school grounds or
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1 who threatens to bring or use a weapon on

2 school grounds; and

3 ‘‘(ii) and advice to public school stu4 dents, staff, and administrators after an

5 incident of gun-related violence on school

6 grounds;’’.

7 TITLE VII—THE CHILDREN’S

8 FIREARM TRACKING ACT OF

9 1998

10 SEC. 701. YOUTH CRIME GUN INTERDICTION INITIATIVE.

11 (a)(1) The Secretary of the Treasury shall endeavor

12 to expand the number of cities and counties directly par13 ticipating in the Youth Crime Gun Interdiction Initiative

14 (in this section referred to as the ‘‘YCGII’’) to 75 cities

15 or counties by October 1, 2000, to 150 cities or counties

16 by October 1, 2002, and to 250 cities or counties by Octo17 ber 1, 2003.

18 (2) Cities and counties selected for participation in

19 the YCGII shall be selected by the Secretary of the Treas20 ury and in consultation with Federal, State and local law

21 enforcement officials.

22 (b)(1) The Secretary of the Treasury shall, utilizing

23 the information provided by the YCGII, facilitate the iden24 tification and prosecution of individuals illegally traffick-
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1 ing firearms to individuals who have not attained 24 years

2 of age.

3 (2) The Secretary of the Treasury shall share infor4 mation derived from the YCGII with State and local law

5 enforcement agencies through on-line computer access, as

6 soon as such capability is available.

7 (c)(1) The Secretary of the Treasury shall award

8 grants (in the form of funds or equipment) to States, cit9 ies, and counties for purposes of assisting such entities

10 in the tracing of firearms and participation in the YCGII.

11 (2) Grants made under this part shall be used—

12 (A) to hire or assign additional personnel for

13 the gathering, submission and analysis of tracing

14 data submitted to the Bureau of Alcohol, Tobacco

15 and Firearms under the YCGII;

16 (B) to hire additional law enforcement person17 nel for the purpose of identifying and arresting indi18 viduals illegally trafficking firearms; and

19 (C) to purchase additional equipment, including

20 automatic data processing equipment and computer

21 software and hardware, for the timely submission

22 and analysis of tracing data.

Æ