[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 735 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 735

              To protect children from firearms violence.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 1999

  Mr. Kennedy (for himself, Mrs. Boxer, Mr. Durbin, and Mr. Schumer) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
              To protect children from firearms violence.

    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 1999''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                   TITLE I--CHILDREN'S FIREARM SAFETY

Sec. 101. Prohibition on manufacture or importation of unsafe handguns.
Sec. 102. Consumer Product Safety Commission study.
                TITLE II--CHILDREN'S FIREARMS AGE LIMIT

Sec. 201. Extension of juvenile handgun ban to semiautomatic assault 
                            weapons.
Sec. 202. Increased penalty for transferring handgun or semiautomatic 
                            assault weapon to juvenile for use in a 
                            crime of violence.
            TITLE III--RESPONSIBILITIES OF FIREARMS DEALERS

Sec. 301. Automatic revocation of license of firearms dealer who 
                            willfully sells firearm to minor.
Sec. 302. Two forms of identification required from firearms purchasers 
                            under age 24.
Sec. 303. Minimum safety and security standards for gun shops.
             TITLE IV--CHILDREN'S FIREARM ACCESS PREVENTION

Sec. 401. Children and firearms safety.
            TITLE V--CHILDREN'S FIREARM INJURY SURVEILLANCE

Sec. 501. Surveillance program regarding injuries to children resulting 
                            from firearms.
         TITLE VI--CHILDREN'S GUN VIOLENCE PREVENTION EDUCATION

Sec. 601. Short title; purposes.
Sec. 602. Competitive grants for children's gun violence prevention 
                            education.
Sec. 603. Dissemination of information.
Sec. 604. Definitions.
Sec. 605. Amendment to Safe and Drug-Free Schools and Communities Act 
                            of 1994.
                 TITLE VII--CHILDREN'S FIREARM TRACKING

Sec. 701. Youth Crime Gun Interdiction Initiative.

                   TITLE I--CHILDREN'S FIREARM SAFETY

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

    (b) Prohibition.--Section 922 of title 18, United States Code, is 
amended by inserting after subsection (y) the following:
    ``(z) Manufacture or Importation of Unsafe Handguns.--
            ``(1) In general.--Beginning 18 months after the date of 
        enactment of this subsection, subject to paragraph (2), it 
        shall be unlawful for any person to manufacture or import an 
        unsafe handgun.
            ``(2) Exceptions.--Paragraph (1) does not apply to the 
        manufacture or importation of a handgun by a licensed 
        manufacturer or licensed importer--
                    ``(A) 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) for the purpose of testing or experimentation 
                authorized by the Secretary.
            ``(3) Rule of construction.--Nothing in this subsection may 
        be construed to preempt or limit any cause of action available 
        under any Federal or State law against a manufacturer of a 
        firearm.
            ``(4) Unsafe handgun defined.--In this subsection, the term 
        `unsafe handgun'--
                    ``(A) means--
                            ``(i) any handgun that 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 steel plate from a 
                        height of 1 meter--
                                    ``(I) from the normal firing 
                                position;
                                    ``(II) from the upside down 
                                position;
                                    ``(III) from the on grip position;
                                    ``(IV) on the muzzle position;
                                    ``(V) on either side;
                                    ``(VI) on the exposed hammer or 
                                striker or, if there is no hammer or 
                                striker, the rearmost part of the 
                                firearm; and
                                    ``(VII) from any other position 
                                that the Secretary determines to be 
                                necessary to determine whether the 
                                handgun is subject to accidental 
                                discharge;
                            ``(ii) any semiautomatic pistol that does 
                        not have a magazine disconnect safety that 
                        prevents the pistol from being fired once the 
                        magazine or clip is removed from the weapon; 
                        and
                            ``(iii) any handgun that is sold without a 
                        mechanism reasonably designed, under rules 
determined by the Secretary, to prevent the discharge of the weapon by 
an unauthorized user, including a mechanism that is--
                                    ``(I) a detachable, key-activated 
                                or combination lock that prevents the 
                                trigger from being pulled or the hammer 
                                from striking the primer;
                                    ``(II) a solenoid use limitation 
                                device that prevents, by use of a 
                                magnetically activated relay, the 
                                firing of the handgun unless a magnet 
                                of the appropriate strength is placed 
                                in proximity to the handle of the 
                                handgun; or
                                    ``(III) a removable hammer or 
                                striker; and
                    ``(B) does not include--
                            ``(i) any handgun with a trigger resistance 
                        equal to not less than a 10 pound pull;
                            ``(ii) any handgun with a child resistant 
                        trigger mechanism reasonably designed to 
                        prevent a child who has not attained the age of 
                        5 years from operating the weapon when it is 
                        ready to fire, including a mechanism with a 
                        trigger resistance equal to not less than a 10 
                        pound pull; or
                            ``(iii) any other handgun that is designed 
                        so that the hand of an average child who has 
                        not attained the age of 5 years is unable to 
                        grip the trigger, as determined by the 
                        Secretary by regulation.''.

SEC. 102. CONSUMER PRODUCT SAFETY COMMISSION STUDY.

    (a) Definitions.--In this section--
            (1) the term ``child'' means an individual who has not 
        attained the age of 18 years; and
            (2) the term ``handgun'' has the meaning given that term in 
        section 921(a) of title 18, United States Code.
    (b) Study.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Director of the Consumer Product Safety Commission, in 
        consultation with the Director of the Bureau of Alcohol, 
        Tobacco and Firearms, shall conduct a study to determine the 
        means by which the safety of handguns can be improved in order 
        to prevent the authorized use or discharge of handguns by 
        children.
            (2) Testing and evaluation.--The study under this 
        subsection shall include the testing and evaluation of--
                    (A) locking devices that--
                            (i) if installed on a handgun, prevent the 
                        handgun from being discharged;
                            (ii) can be removed or deactivated by means 
                        of a key or a mechanically, electronically, or 
                        electromechanically operated combination lock;
                    (B) locking devices that--
                            (i) are incorporated into the design of a 
                        handgun;
                            (ii) if activated, prevent a handgun from 
                        being discharged; and
                            (iii) can be deactivated by means of a key 
                        or a mechanically, electronically, or 
                        electromechanically operated combination lock; 
                        and
                    (C) storage boxes, cases, or safes equipped with a 
                mechanically, electronically, or electromechanically 
                operated lock that, if activated, prevents access to a 
                firearm located in the storage box, case, or safe.
    (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Director of the Consumer Product Safety 
Commission shall submit to Congress a report, which shall include--
            (1) the results of the study conducted under subsection 
        (b); and
            (2) recommendations regarding--
                    (A) the means by which handgun safety can be 
                improved; and
                    (B) the manner in which changes in handgun design 
                would potentially reduce unauthorized access to 
                handguns by children.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,500,000 for fiscal year 2000.

                TITLE II--CHILDREN'S FIREARMS AGE LIMIT

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) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        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--RESPONSIBILITIES OF FIREARMS DEALERS

SEC. 301. AUTOMATIC REVOCATION OF LICENSE OF FIREARMS DEALER WHO 
              WILLFULLY SELLS FIREARM TO MINOR.

    Section 923(e) of title 18, United States Code, is amended by 
adding at the end 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 the age 
of 18 years.''.

SEC. 302. TWO 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 case to 
believe that the transferee has not attained the age of 24 years, 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--CHILDREN'S FIREARM ACCESS PREVENTION

SEC. 401. CHILDREN AND FIREARMS SAFETY.

    (a) Definition.--Section 921(a)(34)(A) of title 18, United States 
Code, is amended by inserting ``or removing'' after ``deactivating''.
    (b) Prohibition.--Section 922 of title 18, United States Code, is 
amended by inserting after subsection (z), as added by section 101(b) 
of this Act, the following:
    ``(aa) Prohibition Against Giving Juveniles Access to Certain 
Firearms.--
            ``(1) Definition of juvenile.--In this subsection, the term 
        `juvenile' means an individual who has not attained the age of 
        18 years.
            ``(2) Prohibition.--Except as provided in paragraph (3), it 
        shall be unlawful for any person to keep 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, within any premise that is under the custody 
        or control of that person if that person knows, or reasonably 
        should know, that a juvenile is capable of gaining access to 
        the firearm without the permission of the parent or legal 
        guardian of the juvenile.
            ``(3) Exceptions.--Paragraph (2) does 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;
                    ``(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; or
                    ``(E) the juvenile obtains the firearm as a result 
                of an unlawful entry by any person.''.
    (c) Penalties.--Section 924(a) of title 18, United States Code, is 
amended by adding at the end the following:
    ``(7) Whoever violates section 922(aa), if a juvenile (as defined 
in section 922(aa)) obtains access to the firearm and thereby causes 
death or bodily injury to the juvenile or to any other person, or 
exhibits the firearm either in a public place, or in violation of 
section 922(q), shall be fined not more than $10,000, imprisoned not 
more than 1 year, or both.''.
    (d) Role of Licensed Firearms Dealers.--Section 926 of title 18, 
United States Code, is amended by adding at the end the following:
    ``(d) Contents of Form.--The Secretary shall ensure that a copy of 
section 922(aa) appears on the form required to be obtained by a 
licensed dealer from a prospective transferee of a firearm.''.
    (e) No Effect on State Law.--Nothing in this section or the 
amendments made by this section shall be construed to preempt any 
provision of the law of any State, the purpose of which is to prevent 
juveniles from injuring themselves or others with firearms.

            TITLE V--CHILDREN'S FIREARM INJURY SURVEILLANCE

SEC. 501. 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 
        (referred to in this section 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 the age of 21 years, 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 fiscal years 2000 through 2004.

         TITLE VI--CHILDREN'S GUN VIOLENCE PREVENTION EDUCATION

SEC. 601. SHORT TITLE; PURPOSES.

    (a) Short Title.--This title may be cited as the ``Children's Gun 
Violence Prevention Education Act of 1999''.
    (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 preventing gun 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 GUN VIOLENCE PREVENTION 
              EDUCATION.

    (a) Allocation of Competitive Grants.--
            (1) Reservation.--From amounts appropriated under 
        subsection (j) for a fiscal year, the Secretary shall reserve 1 
        percent to award grants to the outlying areas in accordance 
        with the purposes of this title.
            (2) Grants by the secretary.--For any fiscal year for which 
        the amount appropriated to carry out this title does not exceed 
        $50,000,000 and from amounts appropriated under subsection (j) 
        and not reserved under paragraph (1), the Secretary is 
        authorized to award grants, on a competitive basis, under 
        subsection (b).
            (3) Grants by the states.--
                    (A) In general.--For any fiscal year for which the 
                amount appropriated to carry out this title exceeds 
                $50,000,000 and from amounts appropriated under 
                subsection (j) and not reserved under paragraph (1), 
                the Secretary shall make allotments to State 
                educational agencies pursuant to subparagraph (B) to 
                enable the State educational agencies to award grants, 
                on a competitive basis, under subsection (b).
                    (B) Allotment formula.--Except as provided in 
                subparagraph (C), the Secretary shall allot funds 
                appropriated under subsection (j) and not reserved 
                under paragraph (1) for a fiscal year among the States 
                as follows:
                            (i) 75 percent of such funds shall be 
                        allotted proportionately based upon the 
                        population that is less than 18 years of age in 
                        the State;
                            (ii) 25 percent of such funds shall be 
                        allotted proportionately based upon the 
                        population that is less than 18 years of age in 
                        the State that is incarcerated.
                    (C) Minimum allotment.--If the amount appropriated 
                to carry out this title exceeds $50,000,000 for a 
                fiscal year, each State shall receive a minimum 
                allotment for the fiscal year of not less than 
                $500,000.
    (b) Authorization of Competitive Grants.--
            (1) In general.--The Secretary or the State educational 
        agency, as the case may be, is authorized to award grants to 
        local educational agencies for the purpose of educating 
        children about preventing gun violence.
            (2) Assurances.--
                    (A) Distribution.--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 to the State are distributed to local 
                educational agencies in the State.
                    (B) Awards.--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 
                        public elementary school students and secondary 
                        school students; and
                            (iii) that urban, rural and suburban areas 
                        are represented within the grants that are 
                        awarded.
            (3) 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; and
                    (C) forms a partnership composed of not less than 1 
                representative from each of the following:
                            (i) Another local educational agency.
                            (ii) A public or private nonprofit agency 
                        or organization with experience in violence 
                        prevention.
                            (iii) A local law enforcement agency.
            (4) Peer review; consultation.--
                    (A) Peer review panel.--
                            (i) In general.--Before grants are awarded, 
                        the Secretary shall submit grant applications 
                        to a peer review panel for evaluation.
                            (ii) Composition.--Such panel shall be 
                        composed of not less than 1 representative from 
                        each of the following:
                                    (I) A local educational agency.
                                    (II) A State educational agency.
                                    (III) A local law enforcement 
                                agency.
                                    (IV) A public or private nonprofit 
                                organization with experience in 
                                violence prevention.
                    (B) Submission to attorney general.--The Secretary 
                shall submit grant applications to the Attorney General 
                for consultation.
    (c) Partnerships Permitted.--A local educational agency may carry 
out activities under this section in partnership with 1 or more of the 
following:
            (1) A public or private nonprofit agency or organization 
        with experience in violence prevention.
            (2) A local law enforcement agency.
            (3) An institution of higher education.
    (d) Local Applications; Reports.--
            (1) Local applications.--
                    (A) In general.--Each local educational agency that 
                wishes to receive a grant under this title shall submit 
                an application to the Secretary or the State 
                educational agency, as appropriate, that includes--
                            (i) 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;
                            (ii) 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
                            (iii) the age and number of children that 
                        the programs will serve.
                    (B) 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.
            (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.
    (e) Authorized Activities.--
            (1) Required activities.--Grants authorized under 
        subsection (b) shall meet the minimum standards established by 
        the Secretary in consultation with the Attorney General, and 
        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.
                    (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 the children 
                can take in such situations.
                    (E) Developing programs to give children access to 
                adults to whom the children 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 schools and secondary schools.
                    (B) Establishing programs that assist parents in 
                helping educate their children about gun 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 guns.
                    (F) Assisting public schools and communities in 
                developing crisis response plans when guns are found on 
                school campuses and when gun-related incidents occur.
    (f) State Applications; Activities and Reports.--
            (1) State applications.--
                    (A) In general.--Each State desiring to receive 
                funds under this title shall, through its State 
                educational agency, submit an application to the 
                Secretary 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 programs carried 
                        out under 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) Submission.--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 the State educational agency submits under 
                the Safe and Drug-Free Schools and Communities Act of 
                1994.
            (2) State activities.--Of appropriated amounts allotted to 
        the States under subsection (a)(3)(B), the State educational 
        agency may reserve not more than 10 percent for activities to 
        further the purposes of this title, including--
                    (A) providing technical assistance to local 
                educational agencies 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.
            (3) State reports.--Each State educational agency receiving 
        an allotment under this title shall submit a report to the 
        Secretary, and to the Committees on Education and the Workforce 
        and the Judiciary of the House of Representatives, and the 
        Committees on Health, Education, Labor, and Pensions and the 
        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 preventing gun violence;
                    (B) the progress of State activities under 
                paragraph (2) to advance the goals of this title; and
                    (C) how the State is coordinating funds allotted 
                under this title with other State and Federal 
                education, law enforcement, and juvenile justice 
                programs, including programs carried out under the Safe 
                and Drug-Free Schools and Communities Act of 1994.
    (g) Supplement Not Supplant.--A State educational agency 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 preventing gun 
violence, 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 is authorized to be 
appropriated to carry out this section $60,000,000 for each of fiscal 
years 2000, 2001, and 2002.

SEC. 603. DISSEMINATION OF INFORMATION.

    (a) Guidelines.--
            (1) Establishment.--Before awarding a grant under section 
        602, the Secretary shall consult with the Attorney General to 
        establish guidelines for gun violence prevention education 
        programs for children.
            (2) Publication and distribution.--The guidelines 
        established pursuant to paragraph (1) shall be published in the 
        Federal Register not later than 90 days after the date of the 
        enactment of this Act and disseminated to each State 
        educational agency and local educational agency that applies to 
        receive a grant under section 602.
    (b) 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.
    (c) Grant Program Notification.--The Secretary shall publicize the 
competitive grant program authorized under section 602 through its 
Internet site, publications, and public service announcements.

SEC. 604. DEFINITIONS.

    For purposes of this title--
            (1) the terms ``elementary school'', ``local educational 
        agency'', ``secondary school'', and ``State educational 
        agency'' have the meanings given the terms in section 14101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8701);
            (2) the term ``outlying area'' means Guam, American Samoa, 
        the Commonwealth of the Northern Mariana Islands, the United 
        States Virgin Islands, the Republic of the Marshall Islands, 
        the Federated States of Micronesia, and the Republic of Palau;
            (3) the term ``Secretary'' means the Secretary of 
        Education; and
            (4) the term ``State'' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.

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) in subparagraph (B), by striking ``and'' after the 
        semicolon;
            (2) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) to the extent practicable, provide timely 
                counseling (without requiring the hiring of additional 
                staff) to--
                            ``(i) and evaluations of any public school 
                        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; and''.

                 TITLE VII--CHILDREN'S FIREARM TRACKING

SEC. 701. YOUTH CRIME GUN INTERDICTION INITIATIVE.

    (a) In General.--
            (1) Target participation.--The Secretary of the Treasury 
        (referred to in this section as the ``Secretary'') shall take 
        such actions as may be necessary to increase the number of 
        cities and counties directly participating in the Youth Crime 
        Gun Interdiction Initiative (referred to in this section as the 
        ``YCGII'') to--
                    (A) 37 cities or counties by not later than October 
                1, 2000;
                    (B) 50 cities or counties by not later than October 
                1, 2002; and
                    (C) 75 cities or counties by not later than October 
                1, 2003.
            (2) Selection.--Cities and counties selected for 
        participation in the YCGII shall be selected by the Secretary 
        in consultation with Federal, State, and local law enforcement 
        officials.
    (b) Identification and Prosecution of Offenders.--The Secretary 
shall--
            (1) utilizing the information provided by the YCGII, 
        facilitate the identification and prosecution of individuals 
        illegally trafficking firearms (as defined in section 921(a) of 
        title 18, United States Code) to individuals who have not 
        attained the age of 24 years; and
            (2) 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) Grants Authorized.--
            (1) In general.--The Secretary shall award grants (in the 
        form of funds or equipment) to States, cities, and counties for 
        purposes of assisting those entities in the tracing of firearms 
        and participation in the YCGII.
            (2) Use of grants.--Each grant under this subsection shall 
        be used to--
                    (A) 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) hire additional law enforcement personnel for 
                the purpose of identifying and arresting individuals 
                illegally trafficking firearms; and
                    (C) 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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