II 

108TH CONGRESS 

1ST SESSION S. 1951 

To promote rural safety and improve rural law enforcement. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 25, 2003

Mr. DASCHLE (for himself and Mr. JOHNSON) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL

To promote rural safety and improve rural law enforcement.

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 ‘‘Rural Safety Act of 

5 2003’’. 

6 TITLE I—SMALL COMMUNITY 

7 LAW ENFORCEMENT IM8 PROVEMENT GRANTS 

9 SEC. 101. SMALL COMMUNITY GRANT PROGRAM. 

10 Section 1703 of title I of the Omnibus Crime Control 

11 and Safe Streets Act of 1968 (42 U.S.C. 3796dd–2) is 

12 amended by adding at the end the following: 
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1 ‘‘(d) RETENTION GRANTS.—

2 ‘‘(1) IN GENERAL.—The Attorney General may 

3 make grants to units of local government and tribal 

4 governments located outside a Standard Metropoli5 tan Statistical Area, which grants shall be targeted 

6 specifically for the retention for 1 additional year of 

7 police officers funded through the COPS Universal 

8 Hiring Program, the COPS FAST Program, the 

9 Tribal Resources Grant Program-Hiring, or the 

10 COPS in Schools Program. 

11 ‘‘(2) PREFERENCE.—In making grants under 

12 this subsection, the Attorney General shall give pref13 erence to grantees that demonstrate financial hard14 ship or severe budget constraint that impacts the en15 tire local budget and may result in the termination 

16 of employment for police officers described in para17 graph (1). 

18 ‘‘(3) LIMIT ON GRANT AMOUNTS.—The total 

19 amount of a grant made under this subsection shall 

20 not exceed 20 percent of the original grant to the 

21 grantee. 

22 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

23 ‘‘(A) IN GENERAL.—There are authorized 

24 to be appropriated to carry out this subsection 
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1 $15,000,000 for each of fiscal years 2005 

2 through 2009. 

3 ‘‘(B) SET-ASIDE.—Of the amount made 

4 available for grants under this subsection for 

5 each fiscal year, 10 percent shall be awarded to 

6 tribal governments.’’. 

7 SEC. 102. SMALL COMMUNITY TECHNOLOGY GRANT PRO8 GRAM. 

9 Section 1701 of title I of the Omnibus Crime Control 

10 and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is 

11 amended by striking subsection (k) and inserting the fol12 lowing: 

13 ‘‘(k) LAW ENFORCEMENT TECHNOLOGY PRO14 GRAM.—

15 ‘‘(1) IN GENERAL.—Grants made under sub16 section (a) may be used to assist the police depart17 ments of units of local government and tribal gov18 ernments located outside a Standard Metropolitan 

19 Statistical Area, in employing professional, scientific, 

20 and technological advancements that will help those 

21 police departments to—

22 ‘‘(A) improve police communications 

23 through the use of wireless communications, 

24 computers, software, videocams, databases, and 

25 other hardware and software that allow law en-
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1 forcement agencies to communicate and operate 

2 more effectively; and 

3 ‘‘(B) develop and improve access to crime 

4 solving technologies, including DNA analysis, 

5 photo enhancement, voice recognition, and other 

6 forensic capabilities. 

7 ‘‘(2) COST SHARE REQUIREMENT.—A recipient 

8 of a grant made under subsection (a) and used in 

9 accordance with this subsection shall provide match10 ing funds from non-Federal sources in an amount 

11 equal to not less than 10 percent of the total 

12 amount of the grant made under this subsection, 

13 subject to a waiver by the Attorney General for ex14 treme hardship. 

15 ‘‘(3) ADMINISTRATION.—The COPS Office 

16 shall administer the grant program under this sub17 section. 

18 ‘‘(4) NO SUPPLANTING.—Federal funds pro19 vided under this subsection shall be used to supple20 ment and not to supplant local funds allocated to 

21 technology. 

22 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

23 ‘‘(A) IN GENERAL.—There are authorized 

24 to be appropriated $40,000,000 for each of fis-
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1 cal years 2005 through 2009 to carry out this 

2 subsection. 

3 ‘‘(B) SET-ASIDE.—Of the amount made 

4 available for grants under this subsection for 

5 each fiscal year, 10 percent shall be awarded to 

6 tribal governments.’’. 

7 SEC. 103. RURAL 9–1–1 SERVICE. 

8 (a) PURPOSE.—The purpose of this section is to pro9 vide access to, and improve a communications infrastruc10 ture that will ensure a reliable and seamless communica11 tion between, law enforcement, fire, and emergency med12 ical service providers in units of local government and trib13 al governments located outside a Standard Metropolitan 

14 Statistical Area and in States. 

15 (b) AUTHORITY TO MAKE GRANTS.—The Office of 

16 Justice Programs of the Department of Justice shall make 

17 grants, in accordance with such regulations as the Attor18 ney General may prescribe, to units of local government

19 and tribal governments located outside a Standard Metro20 politan Statistical Area for the purpose of establishing or 

21 improving 9–1–1 service in those communities. Priority in 

22 making grants under this section shall be given to commu23 nities that do not have 9–1–1 service. 

24 (c) DEFINITION.—In this section, the term ‘‘9–1–1 

25 service’’ refers to telephone service that has designated 9–
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1 1–1 as a universal emergency telephone number in the 

2 community served for reporting an emergency to appro3 priate authorities and requesting assistance. 

4 (d) LIMIT ON GRANT AMOUNT.—The total amount 

5 of a grant made under this section shall not exceed 

6 $250,000. 

7 (e) FUNDING.—

8 (1) IN GENERAL.—There are authorized to be 

9 appropriated to carry out this section $25,000,000 

10 for fiscal year 2005, to remain available until ex11 pended. 

12 (2) SET-ASIDE.—Of the amount made available 

13 for grants under this section, 10 percent shall be 

14 awarded to tribal governments. 

15 SEC. 104. JUVENILE OFFENDER ACCOUNTABILITY. 

16 (a) PURPOSES.—The purposes of this section are 

17 to—

18 (1) hold juvenile offenders accountable for their 

19 offenses; 

20 (2) involve victims and the community in the 

21 juvenile justice process; 

22 (3) obligate the offender to pay restitution to 

23 the victim and to the community through community 

24 service or through financial or other forms of res25 titution; and 
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1 (4) equip juvenile offenders with the skills need2 ed to live responsibly and productively. 

3 (b) AUTHORITY TO MAKE GRANTS.—The Office of 

4 Justice Programs of the Department of Justice shall make 

5 grants, in accordance with such regulations as the Attor6 ney General may prescribe, to units of rural local govern7 ments and tribal governments located outside a Standard 

8 Metropolitan Statistical Area to establish restorative jus9 tice programs, such as victim and offender mediation, 

10 family and community conferences, family and group con11 ferences, sentencing circles, restorative panels, and repar12 ative boards, as an alternative to, or in addition to, incar13 ceration. 

14 (c) PROGRAM CRITERIA.—A program funded by a 

15 grant made under this section shall—

16 (1) be fully voluntary by both the victim and 

17 the offender (who must admit responsibility), once 

18 the prosecuting agency has determined that the case 

19 is appropriate for this program; 

20 (2) include as a critical component account21 ability conferences, at which the victim will have the 

22 opportunity to address the offender directly, to de23 scribe the impact of the offense against the victim, 

24 and the opportunity to suggest possible forms of res25 titution; 
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1 (3) require that conferences be attended by the 

2 victim, the offender and, when possible, the parents 

3 or guardians of the offender, and the arresting offi4 cer; and 

5 (4) provide an early, individualized assessment 

6 and action plan to each juvenile offender in order to 

7 prevent further criminal behavior through the devel8 opment of appropriate skills in the juvenile offender 

9 so that the juvenile is more capable of living produc10 tively and responsibly in the community. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—

12 (1) IN GENERAL.—There are authorized to be 

13 appropriated to carry out this section—

14 (A) $10,000,000 for fiscal year 2005 for 

15 grants to establish programs; and 

16 (B) $5,000,000 for each of fiscal years 

17 2006 and 2007 to continue programs estab18 lished in fiscal year 2005. 

19 (2) SET-ASIDE.—Of the amount made available 

20 for grants under this section for each fiscal year, 10 

21 percent shall be awarded to tribal governments. 
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1 TITLE II—CRACKING DOWN ON 

2 METHAMPHETAMINE 

3 SEC. 201. METHAMPHETAMINE TREATMENT PROGRAMS IN 

4 RURAL AREAS. 

5 Subpart I of part B of title V of the Public Health 

6 Service Act (42 U.S.C. 290bb et seq.) is amended by in7 serting after section 509 the following: 

8 ‘‘SEC. 510. METHAMPHETAMINE TREATMENT PROGRAMS IN 

9 RURAL AREAS. 

10 ‘‘(a) IN GENERAL.—The Secretary, acting through 

11 the Director of the Center for Substance Abuse Treat12 ment, shall make grants to community-based public and 

13 nonprofit private entities for the establishment of sub14 stance abuse (particularly methamphetamine) prevention 

15 and treatment pilot programs in units of local government 

16 and tribal governments located outside a Standard Metro17 politan Statistical Area. 

18 ‘‘(b) ADMINISTRATION.—Grants made in accordance 

19 with this section shall be administered by a single State 

20 agency designated by a State to ensure a coordinated ef21 fort within that State. 

22 ‘‘(c) APPLICATION.—To be eligible to receive a grant 

23 under subsection (a), a public or nonprofit private entity 

24 shall prepare and submit to the Secretary an application 
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1 at such time, in such manner, and containing such infor2 mation as the Secretary may require. 

3 ‘‘(d) USE OF FUNDS.—A recipient of a grant under 

4 this section shall use amounts received under the grant 

5 to establish a methamphetamine abuse prevention and 

6 treatment pilot program that serves one or more rural 

7 areas. Such a pilot program shall—

8 ‘‘(1) have the ability to care for individuals on 

9 an in-patient basis; 

10 ‘‘(2) have a social detoxification capability, with 

11 direct access to medical services within 50 miles; 

12 ‘‘(3) provide neuro-cognitive skill development 

13 services to address brain damage caused by meth14 amphetamine use; 

15 ‘‘(4) provide after-care services, whether as a 

16 single-source provider or in conjunction with commu17 nity-based services designed to continue neuro-cog18 nitive skill development to address brain damage 

19 caused by methamphetamine use;

20 ‘‘(5) provide appropriate training for the staff 

21 employed in the program; and 

22 ‘‘(6) use scientifically based best practices in 

23 substance abuse treatment, particularly in meth24 amphetamine treatment. 
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1 ‘‘(e) AMOUNT OF GRANTS.—The amount of a grant 

2 under this section shall be at least $19,000 but not greater 

3 than $100,000. 

4 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

5 ‘‘(1) IN GENERAL.—There is authorized to be 

6 appropriated $2,000,000 to carry out this section. 

7 ‘‘(2) SET-ASIDE.—Of the amount made avail8 able for grants under this section, 10 percent shall 

9 be awarded to tribal governments to ensure the pro10 vision of services under this section.’’. 

11 SEC. 202. METHAMPHETAMINE PREVENTION EDUCATION. 

12 Section 519E of the Public Health Service Act (42 

13 U.S.C. 290bb–25e) is amended—

14 (1) in subsection (c)(1)—

15 (A) in subparagraph (F), by striking 

16 ‘‘and’’ at the end; 

17 (B) in subparagraph (G), by striking the 

18 period and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(H) to fund programs that educate rural 

21 communities, particularly parents, teachers, and 

22 others who work with youth, concerning the 

23 early signs and effects of methamphetamine 

24 use, however, as a prerequisite to receiving 

25 funding, these programs shall—
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1 ‘‘(i) prioritize methamphetamine pre2 vention and education; 

3 ‘‘(ii) have past experience in commu4 nity coalition building and be part of an 

5 existing coalition that includes medical and 

6 public health officials, educators, youth7 serving community organizations, and 

8 members of law enforcement; 

9 ‘‘(iii) utilize professional prevention 

10 staff to develop research and science-based 

11 prevention strategies for the community to 

12 be served; 

13 ‘‘(iv) demonstrate the ability to oper14 ate a community-based methamphetamine 

15 prevention and education program; 

16 ‘‘(v) establish prevalence of use 

17 through a community needs assessment; 

18 ‘‘(vi) establish goals and objectives 

19 based on a needs assessment; and 

20 ‘‘(vii) demonstrate measurable out21 comes on a yearly basis.’’; 

22 (2) in subsection (e)—

23 (A) by striking ‘‘subsection (a), 

24 $10,000,000’’ and inserting ‘‘subsection (a)—

25 ‘‘(1) $10,000,000’’; 
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1 (B) by striking the period at the end and 

2 inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(2) $5,000,000 for each of fiscal years 2005 

5 through 2009 to carry out the programs referred to 

6 in subsection (c)(1)(H).’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(f) SET-ASIDE.—Of the amount made available for 

9 grants under this section, 10 percent shall be used to as10 sist tribal governments. 

11 ‘‘(g) AMOUNT OF GRANTS.—The amount of a grant 

12 under this section, with respect to each rural community 

13 involved, shall be at least $19,000 but not greater than 

14 $100,000.’’. 

15 SEC. 203. METHAMPHETAMINE CLEANUP. 

16 (a) IN GENERAL.—The Attorney General shall, 

17 through the Department of Justice or through grants to 

18 States or units of local government and tribal governments 

19 located outside a Standard Metropolitan Statistical Area, 

20 in accordance with such regulations as the Attorney Gen21 eral may prescribe, provide for—

22 (1) the cleanup of methamphetamine labora23 tories and related hazardous waste in units of local 

24 government and tribal governments located outside a 

25 Standard Metropolitan Statistical Area; and 
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1 (2) the improvement of contract-related re2 sponse time for cleanup of methamphetamine labora3 tories and related hazardous waste in units of local 

4 government and tribal governments located outside a 

5 Standard Metropolitan Statistical Area by providing 

6 additional contract personnel, equipment, and facili7 ties. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—

9 (1) IN GENERAL.—There is authorized to be 

10 appropriated $20,000,000 for fiscal year 2005 to 

11 carry out this section. 

12 (2) FUNDING ADDITIONAL.—Amounts author13 ized by this section are in addition to amounts oth14 erwise authorized by law. 

15 (3) SET-ASIDE.—Of the amount made available 

16 for grants under this section, 10 percent shall be 

17 awarded to tribal governments. 

18 TITLE III—LAW ENFORCEMENT 

19 TRAINING 

20 SEC. 301. SMALL TOWN AND RURAL TRAINING PROGRAM. 

21 (a) IN GENERAL.—There is established a Rural Po22 licing Institute, which shall be administered by the Na23 tional Center for State and Local Law Enforcement 

24 Training of the Federal Law Enforcement Training Cen-
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1 ter (FLETC) as part of the Small Town and Rural Train2 ing (STAR) Program to—

3 (1) assess the needs of law enforcement in units 

4 of local government and tribal governments located 

5 outside a Standard Metropolitan Statistical Area; 

6 (2) develop and deliver expert training pro7 grams regarding topics such as drug enforcement, 

8 airborne counterdrug operations, domestic violence, 

9 hate and bias crimes, computer crimes, law enforce10 ment critical incident planning related to school 

11 shootings, and other topics identified in the training 

12 needs assessment to law enforcement officers in 

13 units of local government and tribal governments lo14 cated outside a Standard Metropolitan Statistical 

15 Area; and 

16 (3) conduct outreach efforts to ensure that 

17 training programs under the Rural Policing Institute 

18 reach law enforcement officers in units of local gov19 ernment and tribal governments located outside a 

20 Standard Metropolitan Statistical Area. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—

22 (1) IN GENERAL.—There are authorized to be 

23 appropriated $10,000,000 for fiscal year 2005, and 

24 $5,000,000 for each of fiscal years 2006 through 
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1 2009 to carry out this section, including contracts, 

2 staff, and equipment. 

3 (2) SET-ASIDE.—Of the amount made available 

4 for grants under this section for each fiscal year, 10 

5 percent shall be awarded to tribal governments. 

6 TITLE IV—SECURE STORAGE OF 

7 FIREARMS ACT OF 2003

8 SEC. 401. SHORT TITLE. 

9 This title may be cited as the ‘‘Secure Storage of 

10 Firearms Act of 2003’’. 

11 SEC. 402. FINDINGS. 

12 Congress makes the following findings: 

13 (1) Helping responsible gun owners to provide 

14 for the secure storage of firearms in their homes 

15 would reduce access by children to firearms and help 

16 protect children from both accidental and intentional 

17 shootings, and would make firearms less likely to be 

18 stolen and later used in the commission of crimes.

19 (2) Americans own over 223,000,000 firearms, 

20 including 77,000,000 handguns, and approximately 

21 41 percent of American households contain at least 

22 1 firearm. 

23 (3) Approximately 25 percent of middle school 

24 and high school children have handled a firearm 

25 without adult supervision, and an estimated 90 per-
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1 cent of accidental shootings by children are linked to 

2 the presence of an unlocked, loaded firearm in the 

3 home. 

4 (4) In 1998—

5 (A) 121 children under the age of 15 and 

6 260 persons between the ages of 15 and 24 

7 were killed in accidental shootings; 

8 (B) 154 children under the age of 15 and 

9 2,510 persons between the ages of 15 and 24 

10 committed suicide using a firearm; and 

11 (C) 317 children under the age of 15 and 

12 4,559 persons between the ages of 15 and 24 

13 were murdered with a firearm. 

14 (5) As of 1998, suicide was the sixth leading 

15 cause of death among children between the ages of 

16 5 and 14 and the third leading cause of death 

17 among people between the ages of 15 and 24. Fire18 arms were used in 57 percent of all suicides. 

19 (6) In February 1999, an analysis of firearms 

20 used in crimes committed during the 3 preceding 

21 years in 27 cities was released by the Bureau of Al22 cohol, Tobacco and Firearms. The Bureau of Alco23 hol, Tobacco and Firearms found that 35 percent of 

24 the 76,260 guns used in crimes committed by 18- to 

25 24-year-olds had been stolen from private residences 
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1 or gun dealers. Many of these guns were undoubt2 edly stolen during the course of the more than 

3 5,000,000 burglaries committed in the United States 

4 each year. 

5 SEC. 403. DEMONSTRATION PROGRAM FOR LAW ENFORCE6 MENT GUN SAFES AND GUN STORAGE RACKS. 

7 (a) IN GENERAL.—Title I of the Omnibus Crime 

8 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 

9 et seq.) is amended by adding at the end the following: 

10 ‘‘PART CC—DEMONSTRATION PROGRAM FOR 

11 LAW ENFORCEMENT GUN SAFES AND GUN 

12 STORAGE RACKS 

13 ‘‘SEC. 2901. DEFINITIONS. 

14 ‘‘In this part—

15 ‘‘(1) the term ‘Director’ means the Director of 

16 the Bureau of Justice Assistance of the Department 

17 of Justice; 

18 ‘‘(2) the term ‘firearm’ has the meaning given 

19 the term in section 921(a) of title 18, United States 

20 Code; 

21 ‘‘(3) the term ‘gun safe’ means a safe, gun safe, 

22 gun case, lock box, or other device that is designed 

23 to be or can be used to store a firearm and that is 

24 designed to be unlocked only by means of a key, a 

25 combination, or other similar means; 
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1 ‘‘(4) the term ‘gun storage rack’ means a sta2 tionary device affixed to a permanent structure that 

3 is designed to be used to store a firearm and that 

4 is designed to be unlocked only by means of a key, 

5 a combination, or other similar means; 

6 ‘‘(5) the term ‘Indian tribe’ has the meaning 

7 given the term in section 4(e) of the Indian Self-De8 termination and Education Assistance Act (25 

9 U.S.C. 450b(e)); 

10 ‘‘(6) the term ‘law enforcement officer’ means 

11 any officer, agent, or employee of a State, unit of 

12 local government, or Indian tribe authorized by law 

13 or by a government agency to engage in or supervise 

14 the prevention, detection, or investigation of any vio15 lation of criminal law, or authorized by law to super16 vise sentenced criminal offenders; 

17 ‘‘(7) the term ‘qualified law enforcement officer’ 

18 means a State, local, or tribal law enforcement offi19 cer who— 

20 ‘‘(A) resides with, or is regularly visited in 

21 the residence of the officer by, 1 or more indi22 viduals who have not attained the age of 18 

23 years; and 
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1 ‘‘(B) regularly stores the firearm issued to 

2 that officer in the residence of that officer when 

3 the officer is off duty; 

4 ‘‘(8) the term ‘State’ means each of the 50 

5 States, the District of Columbia, the Commonwealth 

6 of Puerto Rico, the United States Virgin Islands, 

7 American Samoa, Guam, and the Northern Mariana 

8 Islands; and 

9 ‘‘(9) the term ‘unit of local government’ means 

10 a county, municipality, town, township, village, par11 ish, borough, or other unit of general government 

12 below the State level. 

13 ‘‘SEC. 2902. PROGRAM AUTHORIZED. 

14 ‘‘(a) IN GENERAL.—The Director may carry out a 

15 5-year demonstration program to make grants to States, 

16 units of local government, and Indian tribes to assist 

17 qualified law enforcement officers in the acquisition and 

18 installation of gun safes or gun storage racks in their resi19 dences. 

20 ‘‘(b) APPLICATIONS.—

21 ‘‘(1) IN GENERAL.—To request a grant make 

22 under this section, the chief executive of a State, 

23 unit of local government, or Indian tribe shall sub24 mit to the Director an application in such form and 
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1 containing such information as the Director may 

2 reasonably require. 

3 ‘‘(2) PREFERENTIAL CONSIDERATION.—In 

4 making grants under this section, the Director may 

5 give preferential consideration, if feasible, to an ap6 plication from a jurisdiction that—

7 ‘‘(A) has a strong community education 

8 program that emphasizes the need for, and pro9 vides specific information regarding, the safe 

10 storage of firearms; 

11 ‘‘(B) has the greatest need for gun safes 

12 and gun storage racks, based on the percentage 

13 of qualified law enforcement officers in the ju14 risdiction who do not have a gun safe or gun 

15 storage rack in their residence; or 

16 ‘‘(C) has, or will institute, a mandatory 

17 policy that requires qualified law enforcement

18 officers to use gun safes or gun storage racks 

19 whenever feasible. 

20 ‘‘(c) USES OF FUNDS.—Grants made under this sec21 tion shall be—

22 ‘‘(1) distributed directly to the State, unit of 

23 local government, or Indian tribe; and 

24 ‘‘(2) used to assist qualified law enforcement of25 ficers in the jurisdiction of the grantee in the acqui-
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1 sition and installation of gun safes or gun storage 

2 racks in their residences. 

3 ‘‘(d) ALLOCATION.—

4 ‘‘(1) SMALLER UNITS OF LOCAL GOVERN5 MENT.—Not less than 50 percent of the total 

6 amount made available for each fiscal year for 

7 grants under this section shall be made to units of 

8 local government with fewer than 100,000 residents. 

9 ‘‘(2) SET ASIDE.—Of the amounts made avail10 able for grants under this section, the Director shall 

11 set aside 10 percent, which shall be used by Indian 

12 tribes.’’. 

13 (b) REGULATIONS.—Not later than 90 days after the 

14 date of enactment of this Act, the Director of the Bureau 

15 of Justice Assistance of the Department of Justice shall 

16 promulgate regulations to implement section 2902(b)(1) 

17 of title I of the Omnibus Crime Control and Safe Streets 

18 Act of 1968 (as added by this section), which shall include 

19 a description of the information that must be included in 

20 each application submitted under that section and the re21 quirements that the States, units of local government, and 

22 Indian tribes must meet in submitting those applications. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 1001(a) of title I of the Omnibus Crime Control and Safe 
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1 Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by 

2 adding at the end the following: 

3 ‘‘(24) There are authorized to be appropriated to 

4 carry out part CC, $10,000,000 for each of fiscal years 

5 2005 through 2009.’’. 

6 SEC. 404. CREDIT FOR PURCHASE OF GUN SAFES AND GUN 

7 STORAGE RACKS. 

8 (a) CREDIT FOR PURCHASE OF GUN SAFES AND GUN

9 STORAGE RACKS.—

10 (1) IN GENERAL.—Subpart A of part IV of sub11 chapter A of chapter 1 of the Internal Revenue Code 

12 of 1986 (relating to nonrefundable personal credits) 

13 is amended by adding at the end the following: 

14 ‘‘SEC. 25B. GUN SAFES AND GUN STORAGE RACKS. 

15 ‘‘(a) IN GENERAL.—In the case of an individual, 

16 there shall be allowed as a credit against the tax imposed 

17 by this chapter for the taxable year an amount equal to 

18 so much of the gun safe or gun storage rack acquisition 

19 expenses paid during such taxable year by such individual 

20 as do not exceed $100. 

21 ‘‘(b) GUN SAFE OR GUN STORAGE RACK ACQUISI22 TION EXPENSES.—For purposes of this section, the term 

23 ‘gun safe or gun storage rack acquisition expenses’ means 

24 expenses for the acquisition and installation of a gun safe 

25 (as defined in section 2901 of title I of the Omnibus Crime 
24

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1 Control and Safe Streets Act of 1968) or gun storage rack 

2 (as defined in section 2901 of title I of the Omnibus Crime 

3 Control and Safe Streets Act of 1968) in the residence 

4 of the taxpayer. 

5 ‘‘(c) SPECIAL RULES.—

6 ‘‘(1) DENIAL OF DOUBLE BENEFIT.—No deduc7 tion shall be allowed under this chapter for any ex8 penditure for which credit is allowed under this sec9 tion. 

10 ‘‘(2) MARRIED COUPLES MUST FILE JOINT RE11 TURN.—If the taxpayer is married at the close of 

12 the taxable year, the credit shall be allowed under 

13 subsection (a) only if the taxpayer and the tax14 payer’s spouse file a joint return for the taxable 

15 year. 

16 ‘‘(3) MARITAL STATUS.—Marital status shall be 

17 determined in accordance with section 7703. 

18 ‘‘(d) ELECTION TO HAVE CREDIT NOT APPLY.—A 

19 taxpayer may elect to have this section not apply for any 

20 taxable year. 

21 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

22 such regulations as may be necessary to carry out the pro23 visions of this section.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions for subpart A of part IV of subchapter A of 
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1 chapter 1 of the Internal Revenue Code of 1986 is 

2 amended by inserting after the item relating to sec3 tion 25A the following new item:

‘‘Sec. 25B. Gun safes and gun storage racks.’’.

4 (3) EFFECTIVE DATE.—The amendments made 

5 by this subsection shall apply to taxable years begin6 ning after December 31, 2004. 

7 (b) NOTIFICATION OF TAX CREDIT.—

8 (1) NEW LICENSED DEALERS.—

9 (A) IN GENERAL.—Section 923(d)(1) of 

10 title 18, United States Code, is amended—

11 (i) in subparagraph (F), by striking 

12 ‘‘and’’ at the end; 

13 (ii) in subparagraph (G), by striking 

14 the period at the end and inserting ‘‘; 

15 and’’; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(H) in the case of an application to be licensed 

19 as a dealer, the applicant certifies that the applicant 

20 will comply with the notification requirement of sec21 tion 922(z).’’. 

22 (B) EFFECTIVE DATE.—The amendments 

23 made by this paragraph shall apply with respect 

24 to any application submitted under section 923 
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1 of title 18, United States Code, on or after Jan2 uary 1, 2005. 

3 (2) EXISTING LICENSED DEALERS.—

4 (A) IN GENERAL.—Section 922 of title 18, 

5 United States Code, is amended by inserting 

6 after subsection (y) the following: 

7 ‘‘(z) SECURE STORAGE OF FIREARMS TAX CRED8 IT.—It shall be unlawful for any licensed dealer to sell, 

9 deliver, or otherwise transfer a firearm to any person, un10 less the licensed dealer notifies that person of the income 

11 tax credit for which the individual may be eligible under 

12 section 25B of the Internal Revenue Code of 1986 for gun 

13 safe or gun storage rack acquisition expenses.’’. 

14 (B) PENALTY.—Section 924(a) of title 18, 

15 United States Code, is amended by adding at 

16 the end the following: 

17 ‘‘(7) A licensed dealer who knowingly violates section 

18 922(z) shall be fined not more than $100.’’. 

19 (C) EFFECTIVE DATE.—The amendments 

20 made by this paragraph shall apply with respect 

21 to any sale, delivery, or transfer of a firearm 

22 occurring on or after January 1, 2005.

Æ