II

103D CONGRESS

1ST SESSION S. 1630

To require the withholding of Federal highway funds for States that do

not require the immediate revocation of the drivers license of an individual who is found in possession of a handgun on the premises of an

elementary or secondary school located in the State, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 5 (legislative day, NOVEMBER 2), 1993

Mr. BINGAMAN (for himself, Mr. PRYOR, and Mr. DODD) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To require the withholding of Federal highway funds for

States that do not require the immediate revocation of

the drivers license of an individual who is found in possession of a handgun on the premises of an elementary

or secondary school located in the State, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. HANDGUNS IN SCHOOLS LIMITATIONS.

2 (a) ESTABLISHMENT.—Chapter 1 of title 23, United

3 States Code, is amended by adding at the end the follow4 ing new section:

5 ‘‘§ 161. Handguns in Schools Limitations

6 ‘‘(a) WITHHOLDING OF FUNDS FOR NONCOMPLI7 ANCE.—

8 ‘‘(1) GENERAL RULE.—Beginning with fiscal

9 year 1995 (or a later date determined pursuant to

10 paragraph (2)(A)), the Secretary shall withhold the

11 applicable percentage specified in paragraph (2) of

12 the amount required to be apportioned to a State

13 under paragraphs (1), (2), (5), and (6) of section

14 104(b) for the fiscal year, if, for any period during

15 the immediately preceding fiscal year, the State does

16 not have in effect a State law that meets the re17 quirements of subsection (c).

18 ‘‘(2) APPLICABLE PERCENTAGES.—

19 ‘‘(A) FIRST FISCAL YEAR.—For fiscal year

20 1995, or the fiscal year immediately following

21 the expiration of the first regular legislative ses22 sion following the date of enactment of this sec23 tion, whichever is later, the applicable percent24 age shall be 5 percent.

25 ‘‘(B) SUBSEQUENT FISCAL YEARS.—For

26 fiscal year 1996, and each subsequent fiscal
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1 year, or for the second fiscal year after the ex2 piration of the first regular legislative session

3 following the date of enactment of this section,

4 whichever is later, and for each subsequent fis5 cal year, the applicable percentage shall be 10

6 percent.

7 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI8 ANCE AND NONCOMPLIANCE.—

9 ‘‘(1) PERIOD OF AVAILABILITY.—Any funds

10 withheld under this section that would otherwise

11 have been apportioned to a State shall remain avail12 able for apportionment to the State until the end of

13 the fourth fiscal year following the fiscal year for

14 which the funds were made available.

15 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

16 AFTER COMPLIANCE.—If, before the last day of the

17 period for which funds withheld under this section

18 from apportionment are to remain available for ap19 portionment to a State under paragraph (1), the

20 State makes effective a State law that meets the re21 quirements of subsection (c), as soon as practicable

22 after the effective date of the law, the Secretary

23 shall apportion to the State the withheld funds re24 maining available for apportionment to the State

25 pursuant to paragraph (1).
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1 ‘‘(3) EFFECT OF NONCOMPLIANCE.—If, on the

2 termination of the period for which funds withheld

3 under this section from apportionment are available

4 for apportionment to a State under paragraph (1),

5 the State does not have in effect a State law that

6 meets the requirements of subsection (c), the sums

7 not obligated shall lapse, or, in the case of funds

8 withheld from apportionment under section

9 104(b)(5), the funds shall lapse and be made avail10 able by the Secretary for projects in accordance with

11 section 118(b).

12 ‘‘(c) REQUIREMENTS FOR STATE LAW.—

13 ‘‘(1) IN GENERAL.—The Secretary shall con14 sider a State law as meeting the requirements of

15 this subsection if the State law includes—

16 ‘‘(A) the requirements for first offenses

17 and subsequent offenses pursuant to para18 graphs (2) and (3); and

19 ‘‘(B) the exemptions described in para20 graph (4).

21 ‘‘(2) FIRST OFFENSES.—A State law that

22 meets the requirements of this subsection shall

23 specify—

24 ‘‘(A) that on receipt of notification of the

25 principal (or equivalent official) of an elemen-
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1 tary school or a secondary school located in the

2 State that an individual was found in posses3 sion of a handgun on the premises of the school

4 who is not subject to an exemption described in

5 paragraph (4), the head of the State entity re6 sponsible for issuing drivers licenses for the op7 eration of motor vehicles shall, pursuant to such

8 procedures as the head (or appropriate State

9 entity) establishes—

10 ‘‘(i) in the case of an individual who

11 holds a drivers license issued by the State,

12 revoke the drivers license of the individual;

13 or

14 ‘‘(ii) in the case of an individual who

15 does not hold a drivers license issued by

16 the State (including any individual who

17 has not attained the age required under

18 State law to hold a drivers license), take

19 such action as is necessary to ensure that

20 the individual is subject to the restrictions

21 referred to in subparagraph (B)(ii);

22 ‘‘(B)(i) a revocation period of 5 years ap23 plicable to an individual referred to in subpara24 graph (A)(i) beginning on the date on which the

25 head of a State entity referred to in subpara-
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1 graph (A) revokes the drivers license of the in2 dividual; and

3 ‘‘(ii) a withholding period—

4 ‘‘(I) of 5 years, in the case of an indi5 vidual referred to in subparagraph (A)(ii)

6 who has attained the age required under

7 the law of the State to hold a drivers li8 cense; and

9 ‘‘(II) in the case of an individual re10 ferred to in subparagraph (A)(ii) who has

11 not attained the age required under the

12 law of the State to hold a drivers license,

13 that begins on the date on which the head

14 of a State entity referred to in such sub15 paragraph takes action pursuant to such

16 subparagraph and ends on the later of—

17 ‘‘(aa) the date on which the indi18 vidual attains the age of 18; or

19 ‘‘(bb) the date that is 5 years

20 after the head takes the action; and

21 ‘‘(C) that during a withholding period or

22 revocation period described in subparagraph

23 (B), the State may not issue or reissue a driv24 ers license to the individual who is subject to

25 the withholding or revocation.
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1 ‘‘(3) SUBSEQUENT OFFENSES.—A State law

2 that meets the requirements of this subsection shall

3 specify that if, during the 5-year period beginning

4 on the date on which the head of a State entity re5 ferred to in paragraph (2)(A) revokes a drivers li6 cense of an individual pursuant to paragraph

7 (2)(A)(i), or in the case of an individual who does

8 not hold a drivers license, takes an action pursuant

9 to paragraph (2)(A)(ii), the head receives a notifica10 tion with respect to the individual by a principal (or

11 equivalent official) pursuant to paragraph (2)(A),

12 the head shall, pursuant to such procedures as the

13 head (or appropriate State entity) shall establish—

14 ‘‘(A)(i) in the case of an individual who

15 holds a drivers license issued by the State, re16 voke the drivers license for a 10-year period

17 (beginning on the date on which the head re18 ceives the notification) during which the State

19 may not reissue a drivers license to the individ20 ual; or

21 ‘‘(ii) in the case of an individual who does

22 not hold a drivers license issued by the State,

23 take such action as may be necessary to ensure

24 that the individual may not be issued a drivers

25 license by the State during a period (beginning
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1 on the date the head receives the notification)

2 equal to—

3 ‘‘(I) 10 years; plus

4 ‘‘(II) the untolled amount of a revoca5 tion or withholding period applicable to the

6 individual that has been established pursu7 ant to paragraph (2)(B) (if any), as of the

8 date the head takes an action under this

9 subsection; and

10 ‘‘(B) ensure that during an applicable pe11 riod specified in subparagraph (A), no individ12 ual subject to a revocation or withholding of a

13 drivers license may be issued a drivers license

14 by the State.

15 ‘‘(4) EXEMPTIONS.—A State law that meets the

16 requirements of this subsection shall specify that the

17 requirements of paragraphs (2) and (3) shall not

18 apply to the possession of a handgun—

19 ‘‘(A) on private property that is not part

20 of the premises of a school;

21 ‘‘(B) if—

22 ‘‘(i) the individual possessing the

23 handgun is licensed to possess the hand24 gun by the State in which the elementary
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1 school or secondary school is located or by

2 a political subdivision of the State; and

3 ‘‘(ii) the State or political subdivision

4 of the State required that, as a condition

5 of the issuance of the license, an appro6 priate law enforcement authority of the

7 State or political subdivision of the State

8 verified that the individual is qualified pur9 suant to applicable laws to hold the license;

10 ‘‘(C) that is—

11 ‘‘(i) not loaded; and

12 ‘‘(ii) in a locked container, or a locked

13 firearms rack that is on a motor vehicle;

14 ‘‘(D) by an individual for use in a program

15 approved by the appropriate official of an ele16 mentary school or secondary school (or entity of

17 the State or political subdivision of the State

18 responsible for the administration of the ele19 mentary school or secondary school);

20 ‘‘(E) by an individual in accordance with a

21 contract that the appropriate official of the ele22 mentary school or secondary school (or entity of

23 the State or political subdivision of the State

24 responsible for the administration of the ele25 mentary school or secondary school) has en-
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1 tered into with the individual or employer of the

2 individual;

3 ‘‘(F) by a law enforcement officer acting in

4 an official capacity; or

5 ‘‘(G) that is unloaded and possessed by an

6 individual while traversing the premises of the

7 elementary or secondary school for the purpose

8 of gaining access to public or private lands open

9 to hunting, if the entry on the premises of the

10 elementary school or secondary school is au11 thorized by the appropriate official of the school

12 (or entity of the State or political subdivision of

13 the State responsible for the administration of

14 the elementary school or secondary school).

15 ‘‘(d) DEFINITIONS.—As used in this section:

16 ‘‘(1) ELEMENTARY SCHOOL.—The term ‘ele17 mentary school’ has the meaning provided the term

18 in 1471(8) of the Elementary and Secondary Edu19 cation Act of 1965 (20 U.S.C. 2891(8)).

20 ‘‘(2) HANDGUN.—The term ‘handgun’ means—

21 ‘‘(A) a firearm that has a short stock and

22 is designed to be held and fired by the use of

23 a single hand; or
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1 ‘‘(B) any combination of parts from which

2 a firearm described in subparagraph (A) can be

3 assembled.

4 ‘‘(3) PREMISES.—With respect to an elemen5 tary school or secondary school, the term ‘premises’

6 includes the school building and the grounds of the

7 school.

8 ‘‘(4) SECONDARY SCHOOL.—The term ‘second9 ary school’ has the meaning provided the term in

10 section 1471(21) of the Elementary and Secondary

11 Education Act of 1965 (20 U.S.C. 2891(21)).’’.

12 (b) CONFORMING AMENDMENT.—The analysis for

13 chapter 1 of title 23, United States Code, is amended by

14 adding at the end the following new item:

‘‘161. Handguns in schools limitations.’’.

15 (c) STATUTORY CONSTRUCTION.—Nothing in this

16 section or the amendments made by this section is in17 tended to limit the authority of the government of a State

18 or political subdivision of a State to enact and enforce a

19 law that imposes a penalty that exceeds or supplements

20 the penalties specified in section 161 of title 23, United

21 States Code (as added by subsection (a)).

Æ