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H.R. 5473 (ih) To assist workers who are displaced by trade or technology through no [Introduced in House] ...


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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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