[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4073 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4073

              To protect children from firearms violence.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 1998

 Mrs. McCarthy of New York (for herself, Mrs. Roukema, Mr. Porter, Mr. 
 Boehlert, Mrs. Lowey, Mr. Moran of Virginia, Mr. Shays, Mrs. Morella, 
 Mr. Castle, Mr. Davis of Virginia, Mrs. Kennelly of Connecticut, Mr. 
    Ackerman, Mr. Schumer, Mr. Pascrell, Mr. Engel, Mr. Manton, Mr. 
Delahunt, Ms. Carson, Mr. Lipinski, Ms. Eshoo, Mr. Markey, Ms. Jackson-
Lee of Texas, Ms. Harman, Ms. Pelosi, Mr. Kleczka, Ms. Kilpatrick, Mrs. 
 Tauscher, Mr. Wexler, Mr. Kennedy of Rhode Island, Mr. Moakley, Mrs. 
   Capps, Mrs. Maloney of New York, Mr. Blumenauer, Mr. Rothman, Mr. 
  Matsui, Mr. Tierney, Mr. McGovern, Mr. McDermott, and Ms. Lofgren) 
 introduced the following bill; which was referred to the Committee on 
   the Judiciary, and in addition to the Committees on Commerce, and 
Education and the Workforce, 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Children's Gun 
Violence Prevention Act of 1998''.
    (b) Table of Contents.--The table of contents for 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.
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.

           TITLE I--THE CHILDREN'S FIREARM SAFETY ACT OF 1998

SEC. 101. PROHIBITION ON MANUFACTURE OR IMPORTATION OF UNSAFE HANDGUNS.

    Section 922 of title 18, United States Code, is amended by 
inserting after subsection (x) the following:
    ``(y)(1) Beginning on the date that is 18 months after the date of 
enactment of this subsection it shall be unlawful for any person to 
manufacture or import an unsafe handgun.
    ``(2) The term `unsafe handgun' means--
            ``(A) any handgun which the Secretary determines, when new, 
        fires in any of 5 successive trials in which the handgun 
        (loaded with an empty case with a primer installed and having 
        built-in manual handgun safety devices deactivated so that the 
        handgun is ready to fire) is dropped onto a solid slab of 
        concrete from a height of one meter from each of the following 
        positions:
                    ``(i) normal firing position;
                    ``(ii) upside down;
                    ``(iii) on grip;
                    ``(iv) on the muzzle;
                    ``(v) on either side;
                    ``(vi) on the exposed hammer or striker;
                    ``(vii) if there is no hammer or striker, the 
                rearmost part of the firearm; and
                    ``(viii) any other position which the Secretary 
                determines is necessary to determine whether the 
                handgun is subject to accidental discharge;
            ``(B) any handgun without a child resistant trigger 
        mechanism reasonably designed to prevent a child who has not 
        attained 5 years of age from operating the weapon when it is 
        ready to fire. Such mechanism may include:
                    ``(i) any handgun without a trigger resistant to a 
                ten pound pull; or
                    ``(ii) any handgun, under rules determined by the 
                Secretary, which is designed so that the hand of an 
                average child who has not attained 5 years of age is 
                unable to grip the trigger;
            ``(C) any semiautomatic pistol which does not have a 
        magazine safety disconnect that prevents the pistol from being 
        fired once the magazine or clip is removed from the weapon.
            ``(D) a handgun sold without a mechanism reasonable 
        designed, under rules determined by the Secretary, to prevent 
        the discharge of the weapon by unauthorized users, including 
        but not limited to the following devices:
                    ``(i) a detachable, key activated or combination 
                lock which prevents the trigger form being pulled or 
                the hammer form striking the primer; or
                    ``(ii) a solenoid use-limitation device which 
                prevents, by use of a magnetically activated relay, the 
                firing of the weapon unless a magnet of the appropriate 
                strength is placed in proximity to the handle of the 
                gun.
    ``(3) Paragraph (1) shall not apply to--
            ``(A) the manufacture or importation of a handgun, by a 
        licensed manufacturer or licensed importer, for use by the 
        United States or a department or agency of the United States or 
        a State or a department, agency, or political subdivision of a 
        State; or
            ``(B) the manufacture or importation by a licensed 
        manufacturer or licensed importer for the purposes of testing 
        or experimentation authorized by the Secretary.
    ``(4) This subsection shall not be construed to preempt or limit in 
any way any causes of action available under the law of any State 
against a manufacturer of a firearm.''.

SEC. 102. CONSUMER PRODUCT SAFETY COMMISSION STUDY.

    (a) Study.--Notwithstanding any other provision of law, the 
Consumer Product Safety Commission, in consultation with the Bureau of 
Alcohol, Tobacco and Firearms, shall conduct a study to determine how 
the safety of handguns can be improved so as to prevent their 
unauthorized use or discharge by children who have not attained 18 
years of age. The study shall include the testing and evaluation of--
            (1) locking devices that, while installed on a handgun, 
        prevent the handgun from being discharged, and that can be 
        removed or deactivated by means of a key or a mechanically, 
        electronically, or electro-mechanically operated combination 
        lock;
            (2) locking devices that are incorporated into the design 
        of a handgun, that, when activated, prevent a handgun from 
        being discharged, and that can be deactivated by means of a key 
        or a mechanically, electronically, or electro-mechanically 
        operated combination lock;
            (3) storage boxes, cases, or safes equipped with a 
        mechanically, electronically, or electro-mechanically operated 
        lock that, when activated, prevents access to a firearm located 
        in the storage box, case, or safe.
    (b) Report to the Congress.--Within 1 year after the date of the 
enactment of this Act, the Consumer Product Safety Commission shall 
submit to the Congress a report that details the results of the study 
required by subsection (a) and that includes recommendations on how 
handgun safety can be improved and how changes in handgun design can 
reduce unauthorized access to guns by children who have not attained 18 
years of age.
    (c) Limitation on Authorization of Appropriations.--To carry out 
this section, there are authorized to be appropriated to the Director 
of the Consumer Product Safety Commission $1,500,000 for fiscal year 
1999.

        TITLE II--THE CHILDREN'S FIREARMS AGE LIMIT ACT OF 1998

SEC. 201. EXTENSION OF JUVENILE HANDGUN BAN TO SEMIAUTOMATIC ASSAULT 
              WEAPONS.

    Section 922(x) of title 18, United States Code, is amended in each 
of paragraphs (1) and (2)--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(C) a semiautomatic assault weapon.''.

SEC. 202. INCREASED PENALTY FOR TRANSFERRING HANDGUN OR SEMIAUTOMATIC 
              ASSAULT WEAPON TO JUVENILE FOR USE IN A CRIME OF 
              VIOLENCE.

    Section 924(a)(6)(B)(ii) of title 18, United States Code, is 
amended by striking ``10'' and inserting ``20''.

 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.

    Section 923(e) of title 18, United States Code, is amended by 
inserting after the 3rd sentence the following: ``The Secretary, after 
notice and opportunity for hearing, shall revoke the license of a 
dealer who willfully sells a firearm to an individual who has not 
attained 18 years of age.''.

SEC. 302. 2 FORMS OF IDENTIFICATION REQUIRED FROM FIREARMS PURCHASERS 
              UNDER AGE 24.

    Section 922(t)(1)(C) of title 18, United States Code, is amended by 
inserting ``(or, if the licensee knows or has reasonable cause to 
believe that the transferee has not attained 24 years of age, 2)'' 
before ``valid''.

SEC. 303. MINIMUM SAFETY AND SECURITY STANDARDS FOR GUN SHOPS.

    (a) In General.--Section 923 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(m) Safety and Security Standards for Gun Shops.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary of the Treasury, 
        acting through the Director of the Bureau of Alcohol, Tobacco, 
        and Firearms, shall issue final regulations that establish 
        minimum firearm safety and security standards that shall apply 
        to dealers who are issued a license under this section.
            ``(2) Minimum standards.--The regulations issued under this 
        subsection shall include minimum safety and security standards 
        for--
                    ``(A) a place of business in which a dealer covered 
                by the regulations conducts business or stores 
                firearms;
                    ``(B) windows, the front door, storage rooms, 
                containers, alarms, and other items of a place of 
                business referred to in subparagraph (A) that the 
                Secretary of the Treasury, acting through the Director 
                of the Bureau of Alcohol, Tobacco and Firearms, 
                determines to be appropriate; and
                    ``(C) the storage and handling of the firearms 
                contained in a place of business referred to in 
                subparagraph (A).''.
    (b) Inspections.--Section 923(g)(1) of title 18, United States 
Code, is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking ``, and'' and 
                inserting a semicolon;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(iii) with respect the place of business of a licensed 
        dealer, the safety and security measures taken by the dealer to 
        ensure compliance with the regulations issued under subsection 
        (m).''; and
            (2) in subparagraph (B)--
                    (A) in the matter preceding clause (i), by 
                inserting ``and the place of business of a licensed 
                dealer'' after ``licensed dealer'';
                    (B) in clause (ii), by striking ``or'' at the end;
                    (C) in clause (iii), by striking the period at the 
                end and inserting ``; or''; and
                    (D) by adding at the end the following:
            ``(iv) not more than once during any 12-month period, for 
        ensuring compliance by a licensed dealer with the regulations 
        issued under subsection (m).''.
    (c) Penalties.--Section 924(a)(1) of title 18, United States Code, 
is amended--
            (1) in subparagraph (C), by striking ``or'' at the end;
            (2) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) being a licensed dealer, knowingly fails to 
                comply with any applicable regulation issued under 
                section 923(m); and''.

     TITLE IV--THE CHILDREN'S FIREARM ACCESS PREVENTION ACT OF 1998

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Children's Firearm Access 
Prevention Act of 1998''.

SEC. 402. CHILDREN AND FIREARMS SAFETY.

    (a) Secure Gun Storage or Safety Device.--Section 921(a) of title 
18, United States Code, is amended by adding at the end the following:
    ``(34) The term `secure gun storage or safety device' means--
            ``(A) a device that, when installed on a firearm, is 
        designed to prevent the firearm from being operated without 
        first deactivating or removing the device;
            ``(B) a device incorporated into the design of the firearm 
        that is designed to prevent the operation of the firearm by 
        anyone not having access to the device; or
            ``(C) a safe, gun safe, gun case, lock box, or other device 
        that is designed to be or can be used to store a firearm and 
        that is designed to be unlocked only by means of a key, a 
        combination, or other similar means.''.
    (b) Prohibition and Penalties.--Section 922 of such title is 
further amended by adding at the end the following:
    ``(z)(1) In this subsection, the term `juvenile' means an 
individual who has not attained 18 years of age.
    ``(2) Except as provided in paragraph (3), any person who--
            ``(A) keeps a loaded firearm, or an unloaded firearm and 
        ammunition for the firearm, any of which has been shipped or 
        transported in interstate or foreign commerce or otherwise 
        substantially affects interstate or foreign commerce, on 
        premises under the custody or control of the person; and
            ``(B) knows, or reasonably should know, that a juvenile is 
        capable of gaining access to the firearm without the permission 
        of a parent or legal guardian of the juvenile;
shall, if a juvenile obtains access to the firearm and thereby causes 
death or bodily injury to the juvenile or any other person, or exhibits 
the firearm in a public place or in violation of subsection (q), be 
imprisoned not more than 1 year, fined not more than $10,000, or both.
    ``(3) Paragraph (2) shall not apply if--
            ``(A) the person uses a secure gun storage or safety device 
        for the firearm;
            ``(B) the person is a peace officer, a member of the Armed 
        Forces, or a member of the National Guard, and the juvenile 
        obtains the firearm during, or incidental to, the performance 
        of the official duties of the person in that capacity;
            ``(C) the juvenile obtains, or obtains and discharges, the 
        firearm in a lawful act of self-defense or defense of 1 or more 
        other persons; or
            ``(D) the person has no reasonable expectation, based on 
        objective facts and circumstances, that a juvenile is likely to 
        be present on the premises on which the firearm is kept.
    ``(4) This subsection shall not be construed to preempt any 
provision of the law of any State, the purpose of which is to prevent 
children from injuring themselves or others with firearms, or to 
preempt or limit in any way any causes of action available under the 
law of any State against a manufacturer of a firearm.''.
    (c) Role of Licensed Firearms Dealers.--Section 926 of such title 
is amended by adding at the end the following:
    ``(d) The Secretary shall ensure that a copy of section 922(z) 
appears on the form required to be obtained by a licensed dealer from a 
prospective transferee of a firearm.''.

    TITLE V--THE CHILDREN'S FIREARM INJURY SURVEILLANCE ACT OF 1998

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Children's Firearm Injury 
Surveillance Act of 1998''.

SEC. 502. SURVEILLANCE PROGRAM REGARDING INJURIES TO CHILDREN RESULTING 
              FROM FIREARMS.

    (a) In General.--
            (1) Program of grants.--The Secretary of Health and Human 
        Services may make grants to State and local departments of 
        health and State and local law enforcement agencies for 
        purposes of establishing and maintaining children's firearm-
        related injury surveillance systems.
            (2) Administration of program.--The Secretary of Health and 
        Human Services shall carry out this section acting through the 
        Director of the Centers for Disease Control and Prevention. 
        Such Director shall carry out this section through the Director 
        of the National Center for Injury Prevention and Control (in 
        this section referred to as the ``Director of the Center'').
    (b) Certain Uses of Grant.--The Director of the Center shall ensure 
that grants under subsection (a) are used to establish systems for 
gathering information regarding fatal and nonfatal firearm injuries 
involving children who have not attained 21 years of age, including 
information with respect to--
            (1) mortality;
            (2) morbidity;
            (3) disability;
            (4) the type and characteristic of the firearm used in the 
        shooting;
            (5) the relationship of the victim to the perpetrator; and
            (6) the time and circumstances of the shooting.
    (c) Priority for Certain States.--In making grants under this 
section, the Director of the Center shall give priority to States and 
communities in which firearm-related injuries for children are a 
significant public health problem.
    (d) Authorization of Appropriations.--For the purpose of carrying 
out this section, there is authorized to be appropriated $5,000,000 for 
each of the fiscal years 1999 through 2003.

         TITLE VI--THE CHILDREN'S FIREARM EDUCATION ACT OF 1998

SEC. 601. SHORT TITLE; PURPOSES.

    (a) Short Title.--This title may be cited as the ``Children's 
Firearm Education Act of 1998''.
    (b) Purposes.--The purposes of this title are--
            (1) to award grants to assist local educational agencies, 
        in consultation with community groups and law enforcement 
        agencies, to educate children about and preventing violence; 
        and
            (2) to assist communities in developing partnerships 
        between public schools, community organizations, law 
        enforcement, and parents in educating children about preventing 
        gun violence.

SEC. 602. COMPETITIVE GRANTS FOR CHILDREN'S FIREARM EDUCATION.

    (a) Allocation of Competitive Grants.--
            (1) Grants by the secretary.--For any fiscal year in which 
        the amount appropriated to carry out this title does not equal 
        or exceed $50,000,000, the Secretary is authorized to award 
        competitive grants described under subsection (b).
            (2) Grants by the states.--For any fiscal year in which the 
        amount appropriated to carry out this title exceeds 
        $50,000,000, the Secretary shall make allotments to State 
        educational agencies pursuant to subsection (a)(3) to award 
        competitive grants described in subsection (b).
            (3) Formula.--Except as provided in paragraph (4), funds 
        appropriated to carry out this title shall be allocated among 
        the States as follows:
                    (A) 75 percent of such amount shall be allocated 
                proportionately based upon the population that is less 
                than 18 years of age in the State;
                    (B) 25 percent of such amount shall be allocated 
                proportionately based upon the population that is less 
                than 18 years of age in the State that is incarcerated.
            (4) Minimum allotment.--If the amount appropriated to carry 
        out this title exceeds $50,000,000, each State shall receive a 
        minimum grant award each fiscal year of not less than $500,000.
    (b) Authorization of Competitive Grants.--The Secretary or the 
State educational agency, as the case may be, is authorized to award 
grants to eligible local educational agencies for the purposes of 
educating children about preventing gun violence.
            (1) Assurances.--
                    (A) The Secretary or the State educational agency, 
                as the case may be, shall ensure that not less than 90 
                percent of the funds allotted under this title are 
                distributed to local educational agencies.
                    (B) In awarding the grants, the Secretary or the 
                State educational agency, as the case may be, shall 
                ensure, to the maximum extent practicable--
                            (i) an equitable geographic distribution of 
                        grant awards;
                            (ii) an equitable distribution of grant 
                        awards among programs that serve public 
                        elementary school students, public secondary 
                        school students, and a combination of both; and
                            (iii) that urban, rural and suburban areas 
                        are represented within the grants that are 
                        awarded.
            (2) Priority.--In awarding grants under this subsection, 
        the Secretary or the State educational agency, as the case may 
        be, shall give priority to a local educational agency that--
                    (A) coordinates with other Federal, State, and 
                local programs that educate children about personal 
                health, safety, and responsibility, including programs 
                carried out under the Safe and Drug-Free Schools and 
                Communities Act of 1994 (20 U.S.C. 7101 et seq.);
                    (B) serves a population with a high incidence of 
                students found in possession of a weapon on school 
                property or students suspended or expelled for bringing 
                a weapon onto school grounds or engaging in violent 
                behavior on school grounds;
                    (C) forms a partnership that includes not less than 
                1 local educational agency working in consultation with 
                not less than 1 public or private nonprofit agency or 
                organization with experience in violence prevention or 
                1 local law enforcement agency.
            (3) Peer review; consultation.--
                    (A)(i) Before grants are awarded, the Secretary 
                shall submit grant applications to a peer review panel 
                for evaluation.
                    (ii) Such panel shall be composed of not less than 
                1 representative from a local educational agency, State 
                educational agency, a local law enforcement agency, and 
                a public or private nonprofit organization with 
                experience in violence prevention.
                    (B) The Secretary shall submit grant applications 
                to the Attorney General for consultation.
    (c) Eligible Grant Recipients.--
            (1) In general.--Except as provided in paragraph (2), an 
        eligible grant recipient is a local educational agency that may 
        work in partnership with 1 or more of the following:
                    (A) A public or private nonprofit agency or 
                organization with experience in violence prevention.
                    (B) A local law enforcement agency.
                    (C) An institution of higher education.
            (2) Exception.--A State educational agency may, with the 
        approval of a local educational agency, submit an application 
        on behalf of such local educational agency or a consortium of 
        such agencies.
    (d) Local Applications; Reports.--
            (1) Applications.--Each local educational agency that 
        wishes to receive a grant under this title shall submit an 
        application to the Secretary and the State educational agency 
        that includes--
                    (A) a description of the proposed activities to be 
                funded by the grant and how each activity will further 
                the goal of educating children about preventing gun 
                violence;
                    (B) how the program will be coordinated with other 
                programs that educate children about personal health, 
                safety, and responsibility, including programs carried 
                out under the Safe and Drug-Free Schools and 
                Communities Act of 1994 (20 U.S.C. 7101 et seq.); and
                    (C) the age and number of children that the 
                programs will serve.
            (2) Reports.--Each local educational agency that receives a 
        grant under this title shall submit a report to the Secretary 
        and to the State educational agency not later than 18 months 
        and 36 months after the grant is awarded. Each report shall 
        include information regarding--
                    (A) the activities conducted to educate children 
                about gun violence;
                    (B) how the program will continue to educate 
                children about gun violence in the future; and
                    (C) how the grant is being coordinated with other 
                Federal, State, and local programs that educate 
                children about personal health, safety, and 
                responsibility, including programs carried out under 
                the Safe and Drug-Free Schools and Communities Act of 
                1994 (20 U.S.C. 7101 et seq.).
    (e) Authorized Activities.--
            (1) Required activities.--Grants authorized under 
        subsection (b) shall be used for the following activities:
                    (A) Supporting existing programs that educate 
                children about personal health, safety, and 
                responsibility, including programs carried out under 
                the Safe and Drug-Free Schools and Communities Act of 
                1994 (20 U.S.C. 7101 et seq.).
                    (B) Educating children about the effects of gun 
                violence.
                    (C) Educating children to identify dangerous 
                situations in which guns are involved and how to avoid 
                and prevent such situations.
                    (D) Educating children how to identify threats and 
                other indications that their peers are in possession of 
                a gun and may use a gun, and what steps they can take 
                in such situations.
                    (E) Developing programs to give children access to 
                adults to whom they can report in a confidential manner 
                about problems relating to guns.
            (2) Permissible activities.--Grants authorized under 
        subsection (b) may be used for the following:
                    (A) Encouraging schoolwide programs and 
                partnerships that involve teachers, students, parents, 
                administrators, other staff, and members of the 
                community in reducing gun incidents in public 
                elementary and secondary schools.
                    (B) Establishing programs that assist parents in 
                helping educate their children about firearm safety and 
                the prevention of gun violence.
                    (C) Providing ongoing professional development for 
                public school staff and administrators to identify the 
                causes and effects of gun violence and risk factors and 
                student behavior that may result in gun violence, 
                including training sessions to review and update school 
                crisis response plans and school policies for 
                preventing the presence of guns on school grounds and 
                facilities.
                    (D) Providing technical assistance for school 
                psychologists and counselors to provide timely 
                counseling and evaluations, in accordance with State 
                and local laws, of students who possess a weapon on 
                school grounds.
                    (E) Improving security on public elementary and 
                secondary school campuses to prevent outside persons 
                from entering school grounds with firearms.
                    (F) Assisting public schools and communities in 
                developing crisis response plans when firearms are 
                found on school campuses and when gun-related incidents 
                occur.
    (f) State Applications; Activities and Reports.--
            (1) State applications.--
                    (A) Each State desiring to receive funds under this 
                title shall, through its State educational agency, 
                submit an application to the Secretary of Education at 
                such time and in such manner as the Secretary shall 
                require. Such application shall describe--
                            (i) the manner in which funds under this 
                        title for State activities and competitive 
                        grants will be used to fulfill the purposes of 
                        this title;
                            (ii) the manner in which the activities and 
                        projects supported by this title will be 
                        coordinated with other State and Federal 
                        education, law enforcement, and juvenile 
                        justice programs, including the Safe and Drug-
                        Free Schools and Communities Act of 1994;
                            (iii) the manner in which States will 
                        ensure an equitable geographic distribution of 
                        grant awards; and
                            (iv) the criteria which will be used to 
                        determine the impact and effectiveness of the 
                        funds used pursuant to this title.
                    (B) A State educational agency may submit an 
                application to receive a grant under this title under 
                paragraph (1) or as an amendment to the application it 
                submits under the Safe and Drug-Free Schools and 
                Communities Act of 1994.
            (3) State activities.--Of appropriated amounts allocated to 
        the States under subsection (a)(2), the State educational 
        agency may reserve not more than 10 percent for activities to 
        further the goals of this title, including--
                    (A) providing technical assistance to eligible 
                grant recipients in the State;
                    (B) performing ongoing research into the causes of 
                gun violence among children and methods to prevent gun 
                violence among children; and
                    (C) providing ongoing professional development for 
                public school staff and administrators to identify the 
                causes and indications of gun violence.
            (4) State reports.--Each State receiving an allotment under 
        this title shall submit a report to the Secretary and to the 
        Committees on Education and the Workforce and Judiciary of the 
        House of Representatives, and the Committees on Labor and Human 
        Resources and Judiciary of the Senate, not later than 12 months 
        and 36 months after receipt of the grant award. Each report 
        shall include information regarding--
                    (A) the progress of local educational agencies that 
                received a grant award under this title in the State in 
                educating children about firearms;
                    (B) the progress of State activities under 
                paragraph (1) to advance the goals of this title; and
                    (C) how the State is coordinating funds allocated 
                under this title with other State and Federal 
                education, law enforcement, and juvenile justice 
                programs, including the Safe and Drug-Free Schools and 
                Communities Act of 1994 (20 U.C.S.C. 7101 et seq.).
    (g) Supplement Not Supplant.--A State or local educational agency 
shall use funds received under this title only to supplement the amount 
of funds that would, in the absence of such Federal funds, be made 
available from non-Federal sources for reducing gun violence among 
children and educating children about firearms, and not to supplant 
such funds.
    (h) Displacement.--A local educational agency that receives a grant 
award under this title shall ensure that persons hired to carry out the 
activities under this title do not displace persons already employed.
    (i) Home Schools.--Nothing in this title shall be construed to 
affect home schools.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated for this section $60,000,000 for each of fiscal years 
1999, 2000, and 2001.

SEC. 603. DISSEMINATION OF BEST PRACTICES.

    (a) Model Dissemination.-- The Secretary shall include on the 
Internet site of the Department of Education a description of programs 
that receive grants under section 602.
    (b) Grant Program Notification.--The Secretary shall publicize the 
competitive grant program through its Internet site, publications, and 
public service announcements.

SEC. 604. DEFINITIONS.

    For purposes of this title--
            (1) the term ``local educational agency'' has the same 
        meaning given such term in section 14101(18) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 8701).
            (2) the term ``Secretary'' means the Secretary of 
        Education; and
            (3) the term ``State'' means each of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, Guam, 
        American Samoa, the Commonwealth of the Northern Mariana 
        Islands, and the United States Virgin Islands.

SEC. 605. AMENDMENT TO SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT 
              OF 1994.

    Section 4116(a)(1) of the Safe and Drug-Free Schools and 
Communities Act of 1994 (20 U.S.C. 7116) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and by inserting after subparagraph (B) the following:
                    ``(C) to the extent practicable, provide timely 
                counseling (without requiring the hiring of additional 
                staff)--
                            ``(i) and evaluations of any student, in 
                        accordance with State and local law, who 
                        possesses a weapon on school grounds or who 
                        threatens to bring or use a weapon on school 
                        grounds; and
                            ``(ii) and advice to public school 
                        students, staff, and administrators after an 
                        incident of gun-related violence on school 
                        grounds;''.

         TITLE VII--THE CHILDREN'S FIREARM TRACKING ACT OF 1998

SEC. 701. YOUTH CRIME GUN INTERDICTION INITIATIVE.

    (a)(1) The Secretary of the Treasury shall endeavor to expand the 
number of cities and counties directly participating in the Youth Crime 
Gun Interdiction Initiative (in this section referred to as the 
``YCGII'') to 75 cities or counties by October 1, 2000, to 150 cities 
or counties by October 1, 2002, and to 250 cities or counties by 
October 1, 2003.
    (2) Cities and counties selected for participation in the YCGII 
shall be selected by the Secretary of the Treasury and in consultation 
with Federal, State and local law enforcement officials.
    (b)(1) The Secretary of the Treasury shall, utilizing the 
information provided by the YCGII, facilitate the identification and 
prosecution of individuals illegally trafficking firearms to 
individuals who have not attained 24 years of age.
    (2) The Secretary of the Treasury shall share information derived 
from the YCGII with State and local law enforcement agencies through 
on-line computer access, as soon as such capability is available.
    (c)(1) The Secretary of the Treasury shall award grants (in the 
form of funds or equipment) to States, cities, and counties for 
purposes of assisting such entities in the tracing of firearms and 
participation in the YCGII.
    (2) Grants made under this part shall be used--
            (A) to hire or assign additional personnel for the 
        gathering, submission and analysis of tracing data submitted to 
        the Bureau of Alcohol, Tobacco and Firearms under the YCGII;
            (B) to hire additional law enforcement personnel for the 
        purpose of identifying and arresting individuals illegally 
        trafficking firearms; and
            (C) to purchase additional equipment, including automatic 
        data processing equipment and computer software and hardware, 
        for the timely submission and analysis of tracing data.
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