I

106TH CONGRESS

2D SESSION H. R. 5218

To provide grant funds to units of local government that comply with certain

requirements and to amend certain Federal firearms laws.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 20, 2000

Mr. GILMAN introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education

and the Workforce, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To provide grant funds to units of local government that

comply with certain requirements and to amend certain

Federal firearms laws.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Safer America For

5 Everyone’s Children (SAFE Children) Act’’.

6 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated $10,000,000

8 for fiscal year 2002 to carry out titles I, II, and IV.
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1 TITLE I—SAFE COMMUNITIES

2 SEC. 101. PROGRAM AUTHORIZED.

3 The Attorney General is authorized to provide grants

4 to units of local government that comply with the require5 ments of section 102(a).

6 SEC. 102. ELIGIBILITY REQUIREMENTS.

7 (a) IN GENERAL.—To be a eligible to receive a grant

8 under this title, a unit of local government shall have in

9 effect, for a period of not less than 1 year, the following

10 programs:

11 (1) GUN BUYBACK.—A program under which—

12 (A) the unit of local government offers to

13 purchase any semiautomatic firearm for $100,

14 and to purchase any other firearm for $50;

15 (B) the offer is renewed not less frequently

16 than every 6 months; and

17 (C) the unit of local government transmits

18 to the Bureau of Alcohol, Tobacco and Fire19 arms, with respect to each 6-month period dur20 ing which the program is in effect, a report on

21 the volume and types of firearms obtained

22 through the program during the period.

23 (2) SCHOOL VIOLENCE INITIATIVES.—School vi24 olence initiatives that implement comprehensive
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1 strategies to ensure a learning environment at school

2 that is safe and drug-free.

3 (3) OPPORTUNITIES DURING NON-SCHOOL

4 HOURS.—Activities to meet the child care needs of

5 parents during non-school hours, including before6 and after-school, weekends, holidays, and vacation

7 periods. Such activities shall be designed to focus on

8 the social, physical, emotional, moral, or cognitive

9 well being of students and may include leadership

10 development, character training, delinquency preven11 tion, sports and recreation, arts, tutoring, academic

12 enrichment, or other activities to meet the needs of

13 the local community.

14 (b) PRIORITY.—In awarding grants under this sec15 tion, the Attorney General shall give priority to applica16 tions from eligible units of local government that have the

17 highest number of children aged 5 though 17 and highest

18 rate of violent crime.

19 (c) FEDERAL SHARE.—

20 (1) IN GENERAL.—The Federal share of the

21 cost of expanding a program described in subsection

22 (a) may not exceed 80 percent.

23 (2) NON-FEDERAL SHARE.—The non-Federal

24 share of a grant under this title shall be 20 percent

25 of the cost of expanding the activities described in
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1 subsection (a) and may be in cash or in kind, fairly

2 evaluated (including the provision of equipment,

3 services, or facilities), from State or local sources.

4 SEC. 103. USES OF FUNDS.

5 A unit of local government that receives a grant

6 award under this title may use funds received to expand

7 programs described in section 102(a).

8 SEC. 104. REPORTS.

9 (a) LOCAL REPORTS.—Each unit of local government

10 that receives a grant award under this title shall submit

11 an annual report to the Attorney General regarding the

12 effectiveness of the programs expanded through such

13 award.

14 (b) REPORT TO CONGRESS.—The Attorney General

15 shall compile the results of reports submitted under sub16 section (a) and submit such information on an annual

17 basis to the appropriate committees of Congress.

18 SEC. 105. DEFINITION.

19 For purposes of this title and title II, the term ‘‘unit

20 of local government’’ means a county, municipality, town,

21 township, village, parish, borough, Indian tribe, or other

22 general purpose political subdivision of a State.
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1 TITLE II—SAFE STATES

2 SEC. 201. PROGRAM AUTHORIZED.

3 The Attorney General is authorized to provide grants

4 to States that comply with the requirements of section

5 202(a).

6 SEC. 202. ELIGIBILITY REQUIREMENTS.

7 (a) IN GENERAL.—To be a eligible to receive a grant

8 under this title, a State shall have in effect laws which—

9 (1) impose criminal penalties on a person who

10 purchases a handgun in the State if the person has

11 not attained 21 years of age;

12 (2) require each person who is licensed under

13 section 923 of title 18, United States Code, to sell

14 a secure gun storage or safety device (as defined in

15 section 921(a)(34) of such title) with each firearm

16 sold by the person; and

17 (3) create a public-private partnership to sup18 port organizations and units of local governments

19 that promote safe schools and gun safety.

20 (b) PRIORITY.—In awarding grants under this sec21 tion, the Attorney General shall give priority to applica22 tions from eligible States that have the highest number

23 of children aged 5 though 17 and the highest rate of vio24 lent crime.

25 (c) FEDERAL SHARE.—
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1 (1) IN GENERAL.—The Federal share of the

2 cost of carrying out a program described in sub3 section (a) may not exceed 80 percent.

4 (2) NON-FEDERAL SHARE.—The non-Federal

5 share of a grant under this title shall be 20 percent

6 of the cost of carrying out the activities described in

7 subsection (a) and may be in cash or in kind, fairly

8 evaluated (including the provision of equipment,

9 services, or facilities), from State sources.

10 SEC. 203. USES OF FUNDS.

11 A State that receives a grant award under this title

12 may use funds received to enforce programs described in

13 section 202(a).

14 SEC. 204. REPORTS.

15 (a) LOCAL REPORTS.—Each State that receives a

16 grant award under this title shall submit an annual report

17 to the Attorney General regarding the effectiveness of the

18 program implemented with such award.

19 (b) REPORT TO CONGRESS.—The Attorney General

20 shall compile the results of reports submitted under sub21 section (a) and submit such information on an annual

22 basis to the appropriate committees of Congress.
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1 TITLE III—FEDERAL FIREARMS

2 LAWS

3 Subtitle A—Ban on Importation of

4 Large Capacity Ammunition

5 Feeding Devices

6 SEC. 301. SHORT TITLE.

7 This subtitle may be cited as the ‘‘Juvenile Assault

8 Weapon Loophole Closure Act’’.

9 SEC. 302. BAN ON IMPORTING LARGE CAPACITY AMMUNI10 TION FEEDING DEVICES.

11 Section 922(w) of title 18, United States Code, is

12 amended—

13 (1) in paragraph (1), by striking ‘‘(1) Except as

14 provided in paragraph (2)’’ and inserting ‘‘(1)(A)

15 Except as provided in subparagraph (B)’’;

16 (2) in paragraph (2), by striking ‘‘(2) Para17 graph (1)’’ and inserting ‘‘(B) Subparagraph (A)’’;

18 (3) by inserting before paragraph (3) the fol19 lowing:

20 ‘‘(2) It shall be unlawful for any person to import

21 a large capacity ammunition feeding device.’’; and

22 (4) in paragraph (4)—

23 (A) by striking ‘‘(1)’’ each place it appears

24 and inserting ‘‘(1)(A)’’; and
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1 (B) by striking ‘‘(2)’’ and inserting

2 ‘‘(1)(B)’’.

3 SEC. 303. DEFINITION OF LARGE CAPACITY AMMUNITION

4 FEEDING DEVICE.

5 Section 921(a)(31) of title 18, United States Code,

6 is amended by striking ‘‘manufactured after the date of

7 enactment of the Violent Crime Control and Law Enforce8 ment Act of 1994’’.

9 Subtitle B—Community Protection

10 Act

11 SEC. 311. SHORT TITLE.

12 This subtitle may be cited as the ‘‘Community Pro13 tection Act’’.

14 SEC. 312. EXEMPTION OF QUALIFIED LAW ENFORCEMENT

15 OFFICERS FROM STATE LAWS PROHIBITING

16 THE CARRYING OF CONCEALED FIREARMS.

17 (a) IN GENERAL.—Chapter 44 of title 18, United

18 States Code, is amended by inserting after section 926A

19 the following:

20 ‘‘§ 926B. Carrying of concealed firearms by qualified

21 law enforcement officers

22 ‘‘(a) Notwithstanding any other provision of the law

23 of any State or any political subdivision thereof, an indi24 vidual who is a qualified law enforcement officer and who

25 is carrying the identification required by subsection (d)
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1 may carry a concealed firearm that has been shipped or

2 transported in interstate or foreign commerce, subject to

3 subsection (b).

4 ‘‘(b) This section shall not be construed to supersede

5 or limit the laws of any State that—

6 ‘‘(1) permit private persons or entities to pro7 hibit or restrict the possession of concealed firearms

8 on their property; or

9 ‘‘(2) prohibit or restrict the possession of fire10 arms on any State or local government property, in11 stallation, building, base, or park.

12 ‘‘(c) As used in this section, the term ‘qualified law

13 enforcement officer’ means an employee of a governmental

14 agency who—

15 ‘‘(1) is authorized by law to engage in or super16 vise the prevention, detection, investigation, or pros17 ecution of, or the incarceration of any person for,

18 any violation of law, and has statutory powers of ar19 rest;

20 ‘‘(2) is authorized by the agency to carry a fire21 arm;

22 ‘‘(3) is not the subject of any disciplinary action

23 by the agency; and
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1 ‘‘(4) meets standards, if any, established by the

2 agency which require the employee to regularly qual3 ify in the use of a firearm.

4 ‘‘(d) The identification required by this subsection is

5 the official badge and photographic identification issued

6 by the governmental agency for which the individual is em7 ployed as a law enforcement officer.’’.

8 (b) CLERICAL AMENDMENT.—The table of sections

9 for such chapter is amended by inserting after the item

10 relating to section 926A the following:

‘‘926B. Carrying of concealed firearms by qualified law enforcement officers.’’.

11 SEC. 313. EXEMPTION OF QUALIFIED RETIRED LAW EN12 FORCEMENT OFFICERS FROM STATE LAWS

13 PROHIBITING THE CARRYING OF CON14 CEALED FIREARMS.

15 (a) IN GENERAL.—Chapter 44 of title 18, United

16 States Code, is further amended by inserting after section

17 926B the following:

18 ‘‘§ 926C. Carrying of concealed firearms by qualified

19 retired law enforcement officers

20 ‘‘(a) Notwithstanding any other provision of the law

21 of any State or any political subdivision thereof, an indi22 vidual who is a qualified retired law enforcement officer

23 and who is carrying the identification required by sub24 section (d) may carry a concealed firearm that has been
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1 shipped or transported in interstate or foreign commerce,

2 subject to subsection (b).

3 ‘‘(b) This section shall not be construed to supersede

4 or limit the laws of any State that—

5 ‘‘(1) permit private persons or entities to pro6 hibit or restrict the possession of concealed firearms

7 on their property; or

8 ‘‘(2) prohibit or restrict the possession of fire9 arms on any State or local government property, in10 stallation, building, base, or park.

11 ‘‘(c) As used in this section, the term ‘qualified re12 tired law enforcement officer’ means an individual who—

13 ‘‘(1) retired in good standing from service with

14 a public agency as a law enforcement officer, other

15 than for reasons of mental instability;

16 ‘‘(2) before such retirement, was authorized by

17 law to engage in or supervise the prevention, detec18 tion, investigation, or prosecution of, or the incarcer19 ation of any person for, any violation of law, and

20 had statutory powers of arrest;

21 ‘‘(3)(A) before such retirement, was regularly

22 employed as a law enforcement officer for an aggre23 gate of 5 years or more; or

24 ‘‘(B) retired from service with such agency,

25 after completing any applicable probationary period
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1 of such service, due to a service-connected disability,

2 as determined by such agency;

3 ‘‘(4) has a nonforfeitable right to benefits under

4 the retirement plan of the agency;

5 ‘‘(5) during the most recent 12-month period

6 or, if the agency requires active duty officers to do

7 so with lesser frequency than every 12 months, dur8 ing such most recent period as the agency requires

9 with respect to active duty officers, has completed,

10 at the expense of the individual, a program approved

11 by the State for training or qualification in the use

12 of firearms; and

13 ‘‘(6) is not prohibited by Federal law from re14 ceiving a firearm.

15 ‘‘(d) The identification required by this subsection is

16 photographic identification issued by the State in which

17 the agency for which the individual was employed as a law

18 enforcement officer is located.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections

20 for such chapter is further amended by inserting after the

21 item relating to section 926B the following:

‘‘926C. Carrying of concealed firearms by qualified retired law enforcement officers.’’.
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1 TITLE IV—SCHOOL

2 PSYCHOLOGICAL COUNSELING

3 SEC. 401. SCHOOL COUNSELING DEMONSTRATION.

4 (a) COUNSELING DEMONSTRATION.—

5 (1) IN GENERAL.—The Secretary may award

6 grants or enter into contracts under this section to

7 establish or expand elementary and secondary school

8 counseling programs.

9 (2) PRIORITY.—In awarding grants under this

10 section, the Secretary shall give special consideration

11 to applications describing programs that—

12 (A) demonstrate the greatest need for new

13 or additional counseling services among the

14 children in the schools served by the applicant;

15 (B) propose the most promising and inno16 vative approaches for initiating or expanding

17 school psychological counseling; and

18 (C) show the greatest potential for replica19 tion and dissemination.

20 (3) EQUITABLE DISTRIBUTION.—In awarding

21 grants under this section, the Secretary shall ensure

22 an equitable geographic distribution among the re23 gions of the United States and among urban, subur24 ban, and rural areas.
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1 (4) DURATION.—A grant under this section

2 shall be awarded for a period not to exceed three

3 years.

4 (5) MAXIMUM GRANT.—A grant under this sec5 tion shall not exceed $400,000 for any fiscal year.

6 (b) APPLICATIONS.—

7 (1) IN GENERAL.—Each local educational agen8 cy desiring a grant under this section shall submit

9 an application to the Secretary at such time, in such

10 manner, and accompanied by such information as

11 the Secretary may reasonably require.

12 (2) CONTENTS.—Each application for a grant

13 under this section shall—

14 (A) describe the school population to be

15 targeted by the program, the particular per16 sonal, social, emotional, and behavioral needs of

17 such population, and the current school psycho18 logical counseling resources available for meet19 ing such needs;

20 (B) describe the activities, services, and

21 training to be provided by the program and the

22 specific approaches to be used to meet the

23 needs described in subparagraph (A);
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1 (C) describe the methods to be used to

2 evaluate the outcomes and effectiveness of the

3 program;

4 (D) describe the collaborative efforts to be

5 undertaken with institutions of higher edu6 cation, businesses, labor organizations, commu7 nity groups, social service agencies, and other

8 public or private entities to enhance the pro9 gram and promote school-linked services inte10 gration;

11 (E) describe collaborative efforts with in12 stitutions of higher education which specifically

13 seek to enhance or improve graduate programs

14 specializing in the preparation of school psy15 chologists;

16 (F) document that the applicant has the

17 personnel qualified to develop, implement, and

18 administer the program;

19 (G) describe how any diverse cultural pop20 ulations, if applicable, would be served through

21 the program;

22 (H) assure that the funds made available

23 under this part for any fiscal year will be used

24 to supplement and, to the extent practicable, in25 crease the level of funds that would otherwise
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1 be available from non-Federal sources for the

2 program described in the application, and in no

3 case supplant such funds from non-Federal

4 sources; and

5 (I) assure that the applicant will appoint

6 an advisory board composed of parents, school

7 counselors, school psychologists, school social

8 workers, other pupil services personnel, teach9 ers, school administrators, and community lead10 ers to advise the local educational agency on the

11 design and implementation of the program.

12 (c) USE OF FUNDS.—

13 (1) IN GENERAL.—Grant funds under this sec14 tion shall be used to initiate or expand school psy15 chological counseling programs that comply with the

16 requirements in paragraph (2).

17 (2) PROGRAM REQUIREMENTS.—Each program

18 assisted under this section shall—

19 (A) be comprehensive in addressing the

20 personal, social, and emotional well being of all

21 students;

22 (B) use a developmental, preventive ap23 proach to psychological counseling;

24 (C) increase the range, availability, quan25 tity, and quality of psychological counseling
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1 services in the schools of the local educational

2 agency;

3 (D) expand psychological counseling serv4 ices only through qualified school psychologists;

5 (E) use innovative approaches to increase

6 children’s understanding of peer and family re7 lationships, work and self, decisionmaking, aca8 demic and career planning, or to improve social

9 functioning;

10 (F) provide psychological counseling serv11 ices that are well-balanced among classroom

12 group and small group counseling, individual

13 counseling, and consultation with parents,

14 teachers, administrators, and other pupil serv15 ices personnel;

16 (G) include inservice training for school

17 psychologists;

18 (H) involve parents of participating stu19 dents in the design, implementation, and eval20 uation of a psychological counseling program;

21 (I) involve collaborative efforts with insti22 tutions of higher education, businesses, labor

23 organizations, community groups, social service

24 agencies, or other public or private entities to
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1 enhance the program and promote school-linked

2 services integration; and

3 (J) evaluate annually the effectiveness and

4 outcomes of the psychological counseling serv5 ices and activities assisted under this section.

6 (3) REPORT.—The Secretary shall issue a re7 port evaluating the programs assisted pursuant to

8 each grant under this subsection at the end of each

9 grant period in accordance with section 1, but in no

10 case later than January 30, 2004.

11 (4) DISSEMINATION.—The Secretary shall

12 make the programs assisted under this section avail13 able for dissemination, either through the National

14 Diffusion Network or other appropriate means.

15 (5) LIMIT ON ADMINISTRATION.—Not more

16 than five percent of the amounts made available

17 under this section in any fiscal year shall be used for

18 administrative costs to carry out this section.

19 (d) DEFINITIONS.—For purposes of this section—

20 (1) the term ‘‘school psychologist’’ means an in21 dividual who—

22 (A) possesses a minimum of 60 graduate

23 semester hours in school psychology from an in24 stitution of higher education and has completed

25 1,200 clock hours in a supervised school psy-
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1 chology internship, of which 600 hours shall be

2 in the school setting;

3 (B) possesses State licensure or certifi4 cation in the State in which the individual

5 works; or

6 (C) in the absence of such State licensure

7 or certification, possesses national certification

8 by the National School Psychology Certification

9 Board;

10 (2) the terms ‘‘elementary school’’, ‘‘local edu11 cational agency’’, and ‘‘secondary school’’ have the

12 same meanings given such terms in section 14101 of

13 the Elementary and Secondary Education Act of

14 1965 (20 U.S.C. 8801); and

15 (3) the term ‘‘Secretary’’ means the Secretary

16 of Education.

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