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H.R. 5473 (ih) To assist workers who are displaced by trade or technology through no [Introduced in House] ...
106th CONGRESS 2d Session H. R. 5472 To provide grants for the purchase of firearms to States and units of local government that enforce certain rules designed to protect the public from the misuse of handguns. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES October 12, 2000 Mrs. Tauscher (for herself, Mrs. McCarthy of New York, Mr. Blagojevich, Mr. Blumenauer, Ms. Carson, Mr. Crowley, Ms. Jackson-Lee of Texas, Ms. Lee, Mrs. Maloney of New York, Mr. McGovern, Ms. Millender-McDonald, Mr. Moran of Virginia, Mr. Nadler, Mrs. Napolitano, Ms. Norton, Ms. Pelosi, Ms. Schakowsky, Mrs. Jones of Ohio, Ms. Velazquez, Ms. Woolsey, Mr. Lipinski, Mr. Rangel, Mr. Matsui, Mr. Hastings of Florida, Mr. Engel, Ms. McCarthy of Missouri, Mr. Kennedy of Rhode Island, and Mr. Weiner) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To provide grants for the purchase of firearms to States and units of local government that enforce certain rules designed to protect the public from the misuse of handguns. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safer Guns for Safer Communities Act''. SEC. 2. PURPOSE. The purposes of this Act are to encourage firearms importers, manufacturers, and dealers to import, make, market, and sell firearms in a responsible manner so as to protect the public from the misuse of handguns, and to provide for the responsible disposition of the firearms obtained by law enforcement agencies which are no longer needed by such agencies. SEC. 3. FINDINGS. The Congress finds the following: (1) According to the Department of Health and Human Services, 3,793 children and adolescents under 20 years of age were killed with firearms in 1998. (2) The National Institute of Justice reported in a national survey that, in 1994, 44,000,000 people--approximately 35 percent of households--owned 192,000,000 firearms, 65,000,000 of which were handguns. 74 percent of those people were reported to own more than 1 firearm. Nearly 50 percent of those people keep 1 or more firearms in an unsecured place and without trigger locks. (3) In August 1999, the Department of Education reported that, on an average day, more than 10 students are expelled for bringing guns to school, and that nearly 4,000 students were expelled in 1997-1998 for carrying a firearm onto school grounds. (4) According to an article published in the Journal of the American Medical Association in 1999, gunshot injuries in the United States in 1994 will result in $2,300,000,000 in lifetime medical costs. Nearly half of these costs will be borne by United States taxpayers. (5) According to the Bureau of Alcohol, Tobacco and Firearms, over 4,300,000 new firearms were available in the United States in 1998. SEC. 4. GRANT PROGRAM. (a) Program Authorized.--The Attorney General, in consultation with the Secretary of Housing and Urban Development and the Secretary of the Treasury, may provide a total of not more than 50 grants to eligible States and units of local government for a period not to exceed 3 years. (b) Eligibility.--To be eligible to receive a grant award or funds under this section, a State or unit of local government shall submit a written application to the Attorney General that contains such information as the Attorney General may reasonably require and includes-- (1) a commitment by the applicant that the applicant (or, if funds provided to the applicant under this section are to be provided to a qualified association of law enforcement officers for the purchase of a firearm, a commitment by the association that the association) will not purchase a firearm from an importer or manufacturer of firearms unless-- (A) the Secretary of the Treasury has certified that, during the 1-year period preceding the date of the certification, the importer or manufacturer has been in compliance with section 5 of this Act, and, during the 5-year period preceding the date of the certification, importer or manufacturer has not been convicted of a violation of chapter 44 of title 18, United States Code, that could have been punished by a term of imprisonment exceeding 1 year; and (B) the firearm was most recently imported into the United States by an importer who is so certified, or was manufactured by a manufacturer who is so certified; (2) a commitment by the applicant, and a certification by the Secretary of the Treasury, that the applicant has in effect rules and regulations requiring each law enforcement agency under the jurisdiction of the applicant to comply with section 6; (3) a commitment by the applicant that, during the year for which the grant award is made under this section, the applicant will expend, from non-Federal sources, for the purchase of firearms to be acquired with the grant funds, an amount equal to not less than 25 percent of the amount of the grant award; and (4) a commitment by the applicant that the applicant will, in accordance with guidelines established by the Attorney General, identify and collect data regarding the purchase and disposal of firearms pursuant to this Act. (c) Use of Funds.--An entity that receives grant funds under this section shall use such grant funds only to purchase firearms from a licensed importer or licensed manufacturer who is in compliance with section 5. (d) Withhold Payments.-- (1) In general.--If the Attorney General, in consultation with the Secretary of the Treasury, finds that a recipient of grant funds provided under this section has violated a commitment made by the recipient pursuant to subsection (b), the Attorney General shall withhold from the applicant for the grant any payments that would otherwise be made to the applicant under this section. (2) Redistribution.--Any funds that are withheld under paragraph (1) shall be redistributed to other grantees that are eligible to receive funds under this section. (e) Duties of the Attorney General.--The Attorney General of the United States-- (1) shall to the extent practicable, provide an equitable distribution of grants under this section among the regions of the United States and among urban, suburban, and rural areas; (2) shall provide for the evaluation of programs implemented pursuant to this section, which may include outcome measures such as crime and victimization indicators, gun- related crime, quality of life measures, and community perceptions; (3) shall issue such guidelines and regulations as may be necessary to carry out the responsibilities of the Attorney General under this section; and (4) may reserve for administrative expenses not more than 5 percent of the funds made available to carry out this section. (f) Duties of the Secretary of the Treasury.--The Secretary of the Treasury-- (1) shall evaluate applications submitted pursuant to this section, and make certifications, as appropriate, under subsection (b)(2); (2) shall evaluate annually importers and manufacturers from whom grantees under this section obtain firearms to determine whether the importers and manufacturers are in compliance with the conditions set forth in section 5, and advise the Attorney General of the determinations; (3) shall evaluate annually the rules and regulations of the grantees under this section to determine whether the grantees are in compliance with section 5, and advise the Attorney General of the determinations; (4) shall issue such guidelines and regulations, consistent with the guidelines and regulations issued under subsection (e)(4), as may be necessary to carry out the responsibilities of the Secretary of the Treasury under this section; and (5) may reserve for administrative expenses not more than 5 percent of the funds made available to carry out this section. (g) Report.--Not later than 6 months after funds are paid to a grantee under this section, the grantee shall submit to the Attorney General a written report that describes how the funds have been used. (h) Limitations on Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section not more than $50,000,000 for each of the fiscal years 2001 through 2003. (2) Allocation.--An amount equal to 95 percent of the amount appropriated pursuant to paragraph (1) for a fiscal year shall be made available to the Attorney General of the United States, and an amount equal to 5 percent of the appropriated amount shall be made available to the Secretary of the Treasury. SEC. 5. CODE OF CONDUCT. (a) Requirements.-- (1) Product standards.-- (A) Applicable to handguns.-- (i) Second ``hidden'' serial number.--The licensee shall not import, manufacture, or offer for sale a handgun unless the handgun has, on the exterior, a visible serial number, and has, on the interior frame or receiver, a second serial number that is visible only with the aid of an optical instrument. (ii) External locking device.--During the 24-month period beginning with the date of the enactment of this Act, the licensee shall not offer for sale a handgun that is not supplied with an external locking device that, when locked, prevents the operation of the handgun. (iii) Internal locking device.--After the 24-month period described in clause (ii), the licensee shall not import, manufacture, or offer for sale a handgun that does not incorporate a locking system which prevents the handgun from being operated without a key, combination, or use of another mechanism unique to the handgun. (iv) Smart gun technology.--The licensee-- (I) shall expend an amount equal to not less than 2 percent of the annual firearms sales revenues of the licensee on the development of a technology that recognizes only authorized users and permits a handgun to be used only by authorized persons; and (II) beginning 36 months after the date of the enactment of this Act, shall not import, design, manufacture, or offer for sale a handgun (other than a curio) that does not incorporate the technology, except that this requirement shall not apply to a handgun model that is in production as of such date of enactment. (v) Child safety.--Beginning 12 months after the date of the enactment of this Act, the licensee shall not import, manufacture, or offer for sale a handgun that can be readily fired by a child who has not attained 6 years of age. (vi) Minimum barrel length.--The licensee shall not import, manufacture, or offer for sale a handgun unless the barrel of the handgun is at least 3 inches in length or the average group diameter test result for the handgun is 1.7 inches or less at 7 yards, 3.9 inches or less at 14 yards, and 6.3 inches or less at 21 yards. For purposes of this clause, the average group diameter test result for a handgun is the arithmetic mean of the results of 3 separate trials, each performed on a different handgun of the same make and model as the handgun, and in each of which, 5 rounds are fired from the handgun at a target from the specified distance and the greatest distance in inches between the center of the holes made in the test target is the result of the trial. (vii) Performance tests.--The licensee shall not import, manufacture, or offer for sale a handgun unless the handgun model has passed the following tests: (I) The handgun does not show any hairline crack or other evidence of material failure after a cartridge loaded to generate excess pressure (as set forth in accepted specifications for cartridges of this type) has been fired from each chamber of the handgun. (II) The handgun does not malfunction after the first 20 of 600 rounds are fired from the handgun, and has 6 or fewer malfunctions and has no crack or breakage of an operating part of the handgun that increases the danger of injury after 600 rounds are fired from the handgun, in the manner described in this subclause. For purposes of this subclause, a malfunction caused by a failure to clean and lubricate, or by defective ammunition, shall be disregarded. In the firing of the handgun, the firing shall cease after each 100 rounds are fired and shall resume after any loose screws are tightened, the handgun is cleaned, or an empty magazine or cylinder is refilled to capacity, except that if the handgun loads other than with a detachable magazine, the firing shall cease for 10 minutes after each 50 rounds are fired. The handgun shall be fired using the ammunition recommended in the handgun manual, or if none is recommended, any standard ammunition of the correct caliber in new condition. (viii) Drop test.--The licensee shall not import, manufacture, or offer for sale a
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