[Congressional Record Volume 144, Number 79 (Wednesday, June 17, 1998)]
[Senate]
[Pages S6492-S6496]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KENNEDY (for himself, Mrs. Boxer, Mr. Durbin, Mr. Dodd, 
        and Mr. Reed):
  S. 2185. A bill to protect children from firearms violence; to the 
Committee on the Judiciary.


                 children's gun violence prevention act

  Mr. KENNEDY. Mr. President, I rise to introduce the Children's Gun 
Violence Prevention Act, together with Senator Boxer, Senator Durbin, 
Senator Dodd and Senator Reed.
  The continuing epidemic of gun violence involving children demands 
action by Congress.
  The wave of school shootings in communities across the country is a 
wake-up call for the nation. We need to do more--and we can do more--to 
protect children from guns.
  Every day in the United States, 14 children are killed by a gun; 24 
percent of children say they have access to a gun at home; 10 percent 
have recently carried a gun to school.
  We need to deal more effectively with all aspects of the culture of 
violence that is killing our children. The legislation we propose today 
is a concrete step to do more to keep children safe from gun violence.
  I know that some in Congress are reluctant to challenge the National 
Rifle Association, but there are common sense steps that we can take 
and should take to protect children from guns. Our bill says that gun 
owners must take responsibility for securing their guns so that 
children can't use them. It says that gun dealers must be more vigilant 
in not selling guns and ammunition to children. It says we must develop 
child-proof safety locks and other child safety features for guns. We 
do more today to regulate the safety of toy guns than real guns, and 
that's a national disgrace.
  The legislation we are introducing today is the least we can do to 
stop more schoolyard tragedies and to deal more responsibly with the 
festering crisis of gun violence involving children.
  In a press conference earlier today, we heard what gun violence has 
done to Susan Wilson of Jonesboro with the loss of her daughter 
Brittheny, and what it has done to the families in Oregon, and the 
thousands of other families who lose children to gun violence every 
year, and we know that action is needed.
  I want to commend Sarah Brady and Handgun Control for their 
leadership on this legislation, and for bringing us to this point 
today.
  Practical steps can clearly be taken to protect children more 
effectively from guns, and to promote greater responsibility by 
parents, gun manufacturers, and gun dealers alike. This legislation 
calls for such steps and it deserves to be enacted this year by this 
Congress.
  Mr. President, I ask that the full text and a description of the bill 
be included in the Record.
  There being no objection, the items were ordered to be printed in the 
Record, as follows:

                                S. 2185

       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.

[[Page S6493]]

         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 case 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:

[[Page S6494]]

       ``(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--

[[Page S6495]]

       (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

[[Page S6496]]

     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.
                                  ____


           The Children's Gun Violence Prevention Act of 1998


           title i--the children's firearm safety act of 1998

       Imposes, after 18 months, new safety standards on the 
     manufacture and importation of handguns requiring: a child 
     resistant trigger standard; a child resistant safety lock, a 
     magazine disconnect safety for pistols; a manual safety and 
     practice of a drop test.
       Authorizes the Consumer Product Safety Commission to study, 
     test and evaluate various technologies and means of making 
     guns more child-resistant and reporting back to Congress 
     within 12 months on its findings.


         title ii--the children's firearm age limit act of 1998

       Extends the current ban on juvenile handguns transfers and 
     possession to semi-automatic assault rifles and assault 
     shotguns.


  title iii--the childrens firearm dealer's responsibility act of 1998

       Requires two forms of ID for purchases under the age of 24.


     title iv--the children's firearm access prevention act of 1998

       Imposes fines on a gun owner of up to $10,000 if a child 
     gains access to a loaded firearm and criminal penalties and 
     imprisonment if the gun is used in a act of violence.


    title v--the children's firearm injury surveillance act of 1998

       Authorizes $10 million to CDC's National Injury Prevention 
     and Control Center over three for grants to state and local 
     governments for development of children's firearm injury 
     surveillance systems.


    title vi--the children's firearm violence education act of 1998

       Authorizes $50 million a year for competitive Department of 
     Education grants to state and local education agencies for 
     children's firearm education programs.


         title vii--the children's firearm tracking act of 1998

       Authorizes $10 million over five years for expansion of the 
     Youth Crime Gun Interdiction Initiative.
                                 ______