I

106TH CONGRESS

1ST SESSION H. R. 1342

To protect children from firearms violence.

IN THE HOUSE OF REPRESENTATIVES

MARCH 25, 1999

Mrs. MCCARTHY of New York introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Commerce, 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 concerned

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—THE CHILDREN’S FIREARM SAFETY ACT OF 1999

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

Sec. 102. Consumer Product Safety Commission study.
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TITLE II—THE CHILDREN’S FIREARMS AGE LIMIT ACT OF 1999

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

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 1999

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—CHILDREN’S FIREARM ACCESS PREVENTION

Sec. 401. Children and firearms safety.

TITLE V—THE CHILDREN’S FIREARM INJURY SURVEILLANCE

ACT OF 1999

Sec. 501. Short title.

Sec. 502. 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—THE CHILDREN’S FIREARM TRACKING ACT OF 1999

Sec. 701. Youth Crime Gun Interdiction Initiative.

1 TITLE I—THE CHILDREN’S

2 FIREARM SAFETY ACT OF 1999

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 (y) the following:

7 ‘‘(z)(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 steel plate

10 from a height of one meter from each of the fol11 lowing 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 with a trigger resistant

5 equivalent 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 disconnect safety 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 or

15 feature reasonably designed, under rules determined

16 by the Secretary, to prevent the discharge of the

17 weapon by unauthorized users, including but not

18 limited to—

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;

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

24 prevents, by use of a magnetically activated

25 relay, the firing of the handgun unless a mag-
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1 net of the appropriate strength is placed in

2 proximity to the handle of the handgun; or

3 ‘‘(iii) a removable hammer or striker.

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

5 ‘‘(A) the manufacture or importation of a hand6 gun, by a licensed manufacturer or licensed im7 porter, for use by the United States or a department

8 or agency of the United States or a State or a de9 partment, agency, or political subdivision of a State;

10 or

11 ‘‘(B) the manufacture or importation by a li12 censed manufacturer or licensed importer for the

13 purposes of testing or experimentation authorized by

14 the Secretary.

15 ‘‘(4) This subsection shall not be construed to pre16 empt or limit in any way any causes of action available

17 under Federal law or the law of any State against a manu18 facturer of a firearm.’’.

19 SEC. 102. CONSUMER PRODUCT SAFETY COMMISSION

20 STUDY.

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

22 law, the Consumer Product Safety Commission, in con23 sultation with the Bureau of Alcohol, Tobacco and Fire24 arms, shall conduct a study to determine how the safety

25 of handguns can be improved so as to prevent their unau-
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1 thorized use or discharge by children who have not at2 tained 18 years of age. The study shall include the testing

3 and evaluation of—

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

5 handgun, prevent the handgun from being dis6 charged, and that can be removed or deactivated by

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

8 electro-mechanically operated combination lock;

9 (2) locking devices that are incorporated into

10 the design of a handgun, that, when activated, pre11 vent a handgun from being discharged, and that can

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

13 electronically, or electro-mechanically operated com14 bination lock;

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

16 a mechanically, electronically, or electro-mechanically

17 operated lock that, when activated, prevents access

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

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

20 the date of the enactment of this Act, the Consumer Prod21 uct Safety Commission shall submit to the Congress a re22 port that details the results of the study required by sub23 section (a) and that includes recommendations on how

24 handgun safety can be improved and how changes in
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1 handgun design can reduce unauthorized access to guns

2 by children who have not attained 18 years of age.

3 (c) LIMITATION ON AUTHORIZATION OF APPROPRIA4 TIONS.—To carry out this section, there are authorized

5 to be appropriated to the Director of the Consumer Prod6 uct Safety Commission $1,500,000 for fiscal year 2000.

7 TITLE II—THE CHILDREN’S FIRE8 ARMS AGE LIMIT ACT OF 1999

9 SEC. 201. EXTENSION OF JUVENILE HANDGUN BAN TO

10 SEMIAUTOMATIC ASSAULT WEAPONS.

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

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

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

14 (A);

15 (2) by striking the period at the end of sub16 paragraph (B) and inserting ‘‘; or’’; and

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

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

19 SEC. 202. INCREASED PENALTY FOR TRANSFERRING HAND20 GUN OR SEMIAUTOMATIC ASSAULT WEAPON

21 TO JUVENILE FOR USE IN A CRIME OF VIO22 LENCE.

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

24 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 1999

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 fol23 lowing:

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—CHILDREN’S FIREARM

13 ACCESS PREVENTION

14 SEC. 401. CHILDREN AND FIREARMS SAFETY.

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

16 United States Code, is amended by inserting ‘‘or remov17 ing’’ after ‘‘deactivating’’.

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

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

20 as added by section 101 of this Act, the following:

21 ‘‘(aa) PROHIBITION AGAINST GIVING JUVENILES AC22 CESS TO CERTAIN FIREARMS.—

23 ‘‘(1) DEFINITION OF JUVENILE.—In this sub24 section, the term ‘juvenile’ means an individual who

25 has not attained the age of 18 years.
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1 ‘‘(2) PROHIBITION.—Except as provided in

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

3 keep a loaded firearm, or an unloaded firearm and

4 ammunition for the firearm, any of which has been

5 shipped or transported in interstate or foreign com6 merce or otherwise substantially affects interstate or

7 foreign commerce, within any premise that is under

8 the custody or control of that person if that person

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

10 capable of gaining access to the firearm without the

11 permission of the parent or legal guardian of the ju12 venile.

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

14 apply if—

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

16 or safety device for the firearm;

17 ‘‘(B) the person is a peace officer, a mem18 ber of the Armed Forces, or a member of the

19 National Guard, and the juvenile obtains the

20 firearm during, or incidental to, the perform21 ance of the official duties of the person in that

22 capacity;

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

24 discharges, the firearm in a lawful act of self25 defense or defense of 1 or more other persons;
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1 ‘‘(D) the person has no reasonable expecta2 tion, based on objective facts and cir3 cumstances, that a juvenile is likely to be

4 present on the premises on which the firearm is

5 kept; or

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

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

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

9 States Code, is amended by adding at the end the fol10 lowing:

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

12 (as defined in section 922(aa)) obtains access to the fire13 arm and thereby causes death or bodily injury to the juve14 nile or to any other person, or exhibits the firearm either

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

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

17 than 1 year, or both.’’.

18 (d) ROLE OF LICENSED FIREARMS DEALERS.—Sec19 tion 926 of title 18, United States Code, is amended by

20 adding at the end the following:

21 ‘‘(d) CONTENTS OF FORM.—The Secretary shall en22 sure that a copy of section 922(aa) appears on the form

23 required to be obtained by a licensed dealer from a pro24 spective transferee of a firearm.’’.
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1 (e) NO EFFECT ON STATE LAW.—Nothing in this

2 section or the amendments made by this section shall be

3 construed to preempt any provision of the law of any

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

5 injuring themselves or others with firearms.

6 TITLE V—THE CHILDREN’S FIRE7 ARM INJURY SURVEILLANCE

8 ACT OF 1999

9 SEC. 501. SHORT TITLE.

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

11 Injury Surveillance Act of 1999’’.

12 SEC. 502. SURVEILLANCE PROGRAM REGARDING INJURIES

13 TO CHILDREN RESULTING FROM FIREARMS.

14 (a) IN GENERAL.—

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

16 Health and Human Services may make grants to

17 State and local departments of health and State and

18 local law enforcement agencies for purposes of estab19 lishing and maintaining children’s firearm-related in20 jury surveillance systems.

21 (2) ADMINISTRATION OF PROGRAM.—The Sec22 retary of Health and Human Services shall carry out

23 this section acting through the Director of the Cen24 ters for Disease Control and Prevention. Such Direc25 tor shall carry out this section through the Director
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1 of the National Center for Injury Prevention and

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

3 of the Center’’).

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

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

6 used to establish systems for gathering information re7 garding fatal and nonfatal firearm injuries involving chil8 dren who have not attained 21 years of age, including in9 formation with respect to—

10 (1) mortality;

11 (2) morbidity;

12 (3) disability;

13 (4) the type and characteristic of the firearm

14 used in the shooting;

15 (5) the relationship of the victim to the perpe16 trator; and

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

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

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

20 give priority to States and communities in which firearm21 related injuries for children are a significant public health

22 problem.

23 (d) AUTHORIZATION OF APPROPRIATIONS.—For the

24 purpose of carrying out this section, there is authorized
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1 to be appropriated $5,000,000 for each of the fiscal years

2 2000 through 2004.

3 TITLE VI—CHILDREN’S GUN VIO4 LENCE PREVENTION EDU5 CATION

6 SEC. 601. SHORT TITLE; PURPOSES.

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

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

9 1999’’.

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

11 (1) to award grants to assist local educational

12 agencies, in consultation with community groups and

13 law enforcement agencies, to educate children about

14 preventing gun violence; and

15 (2) to assist communities in developing partner16 ships between public schools, community organiza17 tions, law enforcement, and parents in educating

18 children about preventing gun violence.

19 SEC. 602. COMPETITIVE GRANTS FOR CHILDREN’S GUN VIO20 LENCE PREVENTION EDUCATION.

21 (a) ALLOCATION OF COMPETITIVE GRANTS.—

22 (1) RESERVATION.—From amounts appro23 priated under subsection (j) for a fiscal year, the

24 Secretary shall reserve 1 percent to award grants to
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1 the outlying areas in accordance with the purposes

2 of this title.

3 (2) GRANTS BY THE SECRETARY.—For any fis4 cal year for which the amount appropriated to carry

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

6 amounts appropriated under subsection (j) and not

7 reserved under paragraph (1), the Secretary is au8 thorized to award grants, on a competitive basis,

9 under subsection (b).

10 (3) GRANTS BY THE STATES.—

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

12 which the amount appropriated to carry out

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

14 amounts appropriated under subsection (j) and

15 not reserved under paragraph (1), the Secretary

16 shall make allotments to State educational

17 agencies pursuant to subparagraph (B) to en18 able the State educational agencies to award

19 grants, on a competitive basis, under subsection

20 (b).

21 (B) ALLOTMENT FORMULA.—Except as

22 provided in subparagraph (C), the Secretary

23 shall allot funds appropriated under subsection

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

25 fiscal year among the States as follows:
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1 (i) 75 percent of such funds shall be

2 allotted proportionately based upon the

3 population that is less than 18 years of age

4 in the State;

5 (ii) 25 percent of such funds shall be

6 allotted proportionately based upon the

7 population that is less than 18 years of age

8 in the State that is incarcerated.

9 (C) MINIMUM ALLOTMENT.—If the

10 amount appropriated to carry out this title ex11 ceeds $50,000,000 for a fiscal year, each State

12 shall receive a minimum allotment for the fiscal

13 year of not less than $500,000.

14 (b) AUTHORIZATION OF COMPETITIVE GRANTS.—

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

16 educational agency, as the case may be, is author17 ized to award grants to local educational agencies

18 for the purpose of educating children about pre19 venting gun violence.

20 (2) ASSURANCES.—

21 (A) DISTRIBUTION.—The Secretary or the

22 State educational agency, as the case may be,

23 shall ensure that not less than 90 percent of

24 the funds allotted under this title to the State
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1 are distributed to local educational agencies in

2 the State.

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

4 Secretary or the State educational agency, as

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

6 extent practicable—

7 (i) an equitable geographic distribu8 tion of grant awards;

9 (ii) an equitable distribution of grant

10 awards among programs that serve public

11 elementary school students, public sec12 ondary school students, and a combination

13 of both public elementary school students

14 and secondary school students; and

15 (iii) that urban, rural and suburban

16 areas are represented within the grants

17 that are awarded.

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

19 subsection, the Secretary or the State educational

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

21 local educational agency that—

22 (A) coordinates with other Federal, State,

23 and local programs that educate children about

24 personal health, safety, and responsibility, in25 cluding programs carried out under the Safe
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1 and Drug-Free Schools and Communities Act

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

3 (B) serves a population with a high inci4 dence of students found in possession of a

5 weapon on school property, or students sus6 pended or expelled for bringing a weapon onto

7 school grounds or engaging in violent behavior

8 on school grounds; and

9 (C) forms a partnership composed of not

10 less than 1 representative from each of the fol11 lowing:

12 (i) Another local educational agency.

13 (ii) A public or private nonprofit

14 agency or organization with experience in

15 violence prevention.

16 (iii) A local law enforcement agency.

17 (4) PEER REVIEW; CONSULTATION.—

18 (A) PEER REVIEW PANEL.—

19 (i) IN GENERAL.—Before grants are

20 awarded, the Secretary shall submit grant

21 applications to a peer review panel for

22 evaluation.

23 (ii) COMPOSITION.—Such panel shall

24 be composed of not less than 1 representa25 tive from each of the following:
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1 (I) A local educational agency.

2 (II) A State educational agency.

3 (III) A local law enforcement

4 agency.

5 (IV) A public or private nonprofit

6 organization with experience in vio7 lence prevention.

8 (B) SUBMISSION TO ATTORNEY GEN9 ERAL.—The Secretary shall submit grant appli10 cations to the Attorney General for consulta11 tion.

12 (c) PARTNERSHIPS PERMITTED.—A local educational

13 agency may carry out activities under this section in part14 nership with 1 or more of the following:

15 (1) A public or private nonprofit agency or or16 ganization with experience in violence prevention.

17 (2) A local law enforcement agency.

18 (3) An institution of higher education.

19 (d) LOCAL APPLICATIONS; REPORTS.—

20 (1) LOCAL APPLICATIONS.—

21 (A) IN GENERAL.—Each local educational

22 agency that wishes to receive a grant under this

23 title shall submit an application to the Sec24 retary or the State educational agency, as ap25 propriate, that includes—
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1 (i) a description of the proposed ac2 tivities to be funded by the grant and how

3 each activity will further the goal of edu4 cating children about preventing gun vio5 lence;

6 (ii) how the program will be coordi7 nated with other programs that educate

8 children about personal health, safety, and

9 responsibility, including programs carried

10 out under the Safe and Drug-Free Schools

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

12 7101 et seq.); and

13 (iii) the age and number of children

14 that the programs will serve.

15 (B) EXCEPTION.—A State educational

16 agency may, with the approval of a local edu17 cational agency, submit an application on behalf

18 of such local educational agency or a consor19 tium of such agencies.

20 (2) REPORTS.—Each local educational agency

21 that receives a grant under this title shall submit a

22 report to the Secretary and to the State educational

23 agency not later than 18 months and 36 months

24 after the grant is awarded. Each report shall include

25 information regarding—
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1 (A) the activities conducted to educate

2 children about gun violence;

3 (B) how the program will continue to edu4 cate children about gun violence in the future;

5 and

6 (C) how the grant is being coordinated

7 with other Federal, State, and local programs

8 that educate children about personal health,

9 safety, and responsibility, including programs

10 carried out under the Safe and Drug-Free

11 Schools and Communities Act of 1994.

12 (e) AUTHORIZED ACTIVITIES.—

13 (1) REQUIRED ACTIVITIES.—Grants authorized

14 under subsection (b) shall meet the minimum stand15 ards established by the Secretary in consultation

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

17 following activities:

18 (A) Supporting existing programs that

19 educate children about personal health, safety,

20 and responsibility, including programs carried

21 out under the Safe and Drug-Free Schools and

22 Communities Act of 1994.

23 (B) Educating children about the effects of

24 gun violence.
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1 (C) Educating children to identify dan2 gerous situations in which guns are involved

3 and how to avoid and prevent such situations.

4 (D) Educating children how to identify

5 threats and other indications that their peers

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

7 and what steps the children can take in such

8 situations.

9 (E) Developing programs to give children

10 access to adults to whom the children can re11 port in a confidential manner about problems

12 relating to guns.

13 (2) PERMISSIBLE ACTIVITIES.—Grants author14 ized under subsection (b) may be used for the fol15 lowing:

16 (A) Encouraging schoolwide programs and

17 partnerships that involve teachers, students,

18 parents, administrators, other staff, and mem19 bers of the community in reducing gun inci20 dents in public elementary schools and sec21 ondary schools.

22 (B) Establishing programs that assist par23 ents in helping educate their children about gun

24 safety and the prevention of gun violence.
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1 (C) Providing ongoing professional devel2 opment for public school staff and administra3 tors to identify the causes and effects of gun vi4 olence and risk factors and student behavior

5 that may result in gun violence, including train6 ing sessions to review and update school crisis

7 response plans and school policies for pre8 venting the presence of guns on school grounds

9 and facilities;

10 (D) Providing technical assistance for

11 school psychologists and counselors to provide

12 timely counseling and evaluations, in accord13 ance with State and local laws, of students who

14 possess a weapon on school grounds.

15 (E) Improving security on public elemen16 tary and secondary school campuses to prevent

17 outside persons from entering school grounds

18 with guns.

19 (F) Assisting public schools and commu20 nities in developing crisis response plans when

21 guns are found on school campuses and when

22 gun-related incidents occur.

23 (f) STATE APPLICATIONS; ACTIVITIES AND RE24 PORTS.—

25 (1) STATE APPLICATIONS.—
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1 (A) IN GENERAL.—Each State desiring to

2 receive funds under this title shall, through its

3 State educational agency, submit an application

4 to the Secretary at such time and in such man5 ner as the Secretary shall require. Such applica6 tion shall describe—

7 (i) the manner in which funds under

8 this title for State activities and competi9 tive grants will be used to fulfill the pur10 poses of this title;

11 (ii) the manner in which the activities

12 and projects supported by this title will be

13 coordinated with other State and Federal

14 education, law enforcement, and juvenile

15 justice programs, including programs car16 ried out under the Safe and Drug-Free

17 Schools and Communities Act of 1994;

18 (iii) the manner in which States will

19 ensure an equitable geographic distribution

20 of grant awards; and

21 (iv) the criteria which will be used to

22 determine the impact and effectiveness of

23 the funds used pursuant to this title.

24 (B) SUBMISSION.—A State educational

25 agency may submit an application to receive a
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1 grant under this title under paragraph (1) or as

2 an amendment to the application the State edu3 cational agency submits under the Safe and

4 Drug-Free Schools and Communities Act of

5 1994.

6 (2) STATE ACTIVITIES.—Of appropriated

7 amounts allotted to the States under subsection

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

9 not more than 10 percent for activities to further

10 the purposes of this title, including—

11 (A) providing technical assistance to local

12 educational agencies in the State;

13 (B) performing ongoing research into the

14 causes of gun violence among children and

15 methods to prevent gun violence among chil16 dren; and

17 (C) providing ongoing professional develop18 ment for public school staff and administrators

19 to identify the causes and indications of gun vi20 olence.

21 (3) STATE REPORTS.—Each State educational

22 agency receiving an allotment under this title shall

23 submit a report to the Secretary, and to the Com24 mittees on Education and the Workforce and the

25 Judiciary of the House of Representatives, and the
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1 Committees on Health, Education, Labor, and Pen2 sions and the Judiciary of the Senate, not later than

3 12 months and 36 months after receipt of the grant

4 award. Each report shall include information

5 regarding—

6 (A) the progress of local educational agen7 cies that received a grant award under this title

8 in the State in educating children about pre9 venting gun violence;

10 (B) the progress of State activities under

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

12 and

13 (C) how the State is coordinating funds al14 lotted under this title with other State and Fed15 eral education, law enforcement, and juvenile

16 justice programs, including programs carried

17 out under the Safe and Drug-Free Schools and

18 Communities Act of 1994.

19 (g) SUPPLEMENT NOT SUPPLANT.—A State edu20 cational agency or local educational agency shall use funds

21 received under this title only to supplement the amount

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

23 be made available from non-Federal sources for reducing

24 gun violence among children and educating children about

25 preventing gun violence, and not to supplant such funds.
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1 (h) DISPLACEMENT.—A local educational agency that

2 receives a grant award under this title shall ensure that

3 persons hired to carry out the activities under this title

4 do not displace persons already employed.

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

6 construed to affect home schools.

7 (j) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated to carry out this section

9 $60,000,000 for each of fiscal years 2000, 2001, and

10 2002.

11 SEC. 603. DISSEMINATION OF INFORMATION.

12 (a) GUIDELINES.—

13 (1) ESTABLISHMENT.—Before awarding a

14 grant under section 602, the Secretary shall consult

15 with the Attorney General to establish guidelines for

16 gun violence prevention education programs for chil17 dren.

18 (2) PUBLICATION AND DISTRIBUTION.—The

19 guidelines established pursuant to paragraph (1)

20 shall be published in the Federal Register not later

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

22 Act and disseminated to each State educational

23 agency and local educational agency that applies to

24 receive a grant under section 602.
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1 (b) MODEL DISSEMINATION.—The Secretary shall

2 include on the Internet site of the Department of Edu3 cation a description of programs that receive grants under

4 section 602.

5 (c) GRANT PROGRAM NOTIFICATION.—The Secretary

6 shall publicize the competitive grant program authorized

7 under section 602 through its Internet site, publications,

8 and public service announcements.

9 SEC. 604. DEFINITIONS.

10 For purposes of this title—

11 (1) the terms ‘‘elementary school’’, ‘‘local edu12 cational agency’’, ‘‘secondary school’’, and ‘‘State

13 educational agency’’ have the meanings given the

14 terms in section 14101 of the Elementary and Sec15 ondary Education Act of 1965 (20 U.S.C. 8701);

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

17 American Samoa, the Commonwealth of the North18 ern Mariana Islands, the United States Virgin Is19 lands, the Republic of the Marshall Islands, the Fed20 erated States of Micronesia, and the Republic of

21 Palau;

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

23 of Education; and
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1 (4) the term ‘‘State’’ means each of the 50

2 States, the District of Columbia, and the Common3 wealth of Puerto Rico.

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

5 AND COMMUNITIES ACT OF 1994.

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

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

8 is amended—

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

10 after the semicolon;

11 (2) by redesignating subparagraph (C) as sub12 paragraph (D); and

13 (3) by inserting after subparagraph (B) the fol14 lowing:

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

16 timely counseling (without requiring the hiring

17 of additional staff) to—

18 ‘‘(i) and evaluations of any public

19 school student, in accordance with State

20 and local law, who possesses a weapon on

21 school grounds or who threatens to bring

22 or use a weapon on school grounds; and

23 ‘‘(ii) and advice to public school stu24 dents, staff, and administrators after an
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1 incident of gun-related violence on school

2 grounds; and’’.

3 TITLE VII—THE CHILDREN’S

4 FIREARM TRACKING ACT OF

5 1999

6 SEC. 701. YOUTH CRIME GUN INTERDICTION INITIATIVE.

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

8 to expand the number of cities and counties directly par9 ticipating in the Youth Crime Gun Interdiction Initiative

10 (in this section referred to as the ‘‘YCGII’’) to 37 cities

11 or counties by October 1, 2000, to 50 cities or counties

12 by October 1, 2002, and to 75 cities or counties by Octo13 ber 1, 2003.

14 (2) Cities and counties selected for participation in

15 the YCGII shall be selected by the Secretary of the Treas16 ury and in consultation with Federal, State and local law

17 enforcement officials.

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

19 the information provided by the YCGII, facilitate the iden20 tification and prosecution of individuals illegally traf21 ficking firearms to individuals who have not attained 24

22 years of age.

23 (2) The Secretary of the Treasury shall share infor24 mation derived from the YCGII with State and local law
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1 enforcement agencies through on-line computer access, as

2 soon as such capability is available.

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

4 grants (in the form of funds or equipment) to States, cit5 ies, and counties for purposes of assisting such entities

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

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

8 (A) to hire or assign additional personnel for

9 the gathering, submission and analysis of tracing

10 data submitted to the Bureau of Alcohol, Tobacco

11 and Firearms under the YCGII;

12 (B) to hire additional law enforcement per13 sonnel for the purpose of identifying and arresting

14 individuals illegally trafficking firearms; and

15 (C) to purchase additional equipment, including

16 automatic data processing equipment and computer

17 software and hardware, for the timely submission

18 and analysis of tracing data.

Æ