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 Com-
mittee 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Safer America For
Everyone’s Children (SAFE Children) Act’’.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000
for fiscal year 2002 to carry out titles I, II, and IV.
TITLE I—SAFE COMMUNITIES
SEC. 101. PROGRAM AUTHORIZED.
The Attorney General is authorized to provide grants
to units of local government that comply with the require-
ments of section 102(a).
SEC. 102. ELIGIBILITY REQUIREMENTS.
(a) IN GENERAL.—To be a eligible to receive a grant
under this title, a unit of local government shall have in
effect, for a period of not less than 1 year, the following
programs:
(1) GUN BUYBACK.—A program under which—
(A) the unit of local government offers to
purchase any semiautomatic firearm for $100,
and to purchase any other firearm for $50;
(B) the offer is renewed not less frequently
than every 6 months; and
(C) the unit of local government transmits
to the Bureau of Alcohol, Tobacco and Fire-
arms, with respect to each 6-month period dur-
ing which the program is in effect, a report on
the volume and types of firearms obtained
through the program during the period.
(2) SCHOOL VIOLENCE INITIATIVES.—School vi-
olence initiatives that implement comprehensive
subsection (a) and may be in cash or in kind, fairly
evaluated (including the provision of equipment,
services, or facilities), from State or local sources.
SEC. 103. USES OF FUNDS.
A unit of local government that receives a grant
award under this title may use funds received to expand
programs described in section 102(a).
SEC. 104. REPORTS.
(a) LOCAL REPORTS.—Each unit of local government
that receives a grant award under this title shall submit
an annual report to the Attorney General regarding the
effectiveness of the programs expanded through such
award.
(b) REPORT TO CONGRESS.—The Attorney General
shall compile the results of reports submitted under sub-
section (a) and submit such information on an annual
basis to the appropriate committees of Congress.
SEC. 105. DEFINITION.
For purposes of this title and title II, the term ‘‘unit
of local government’’ means a county, municipality, town,
township, village, parish, borough, Indian tribe, or other
general purpose political subdivision of a State.
TITLE II—SAFE STATES
SEC. 201. PROGRAM AUTHORIZED.
The Attorney General is authorized to provide grants
to States that comply with the requirements of section
202(a).
SEC. 202. ELIGIBILITY REQUIREMENTS.
(a) IN GENERAL.—To be a eligible to receive a grant
under this title, a State shall have in effect laws which—
(1) impose criminal penalties on a person who
purchases a handgun in the State if the person has
not attained 21 years of age;
(2) require each person who is licensed under
section 923 of title 18, United States Code, to sell
a secure gun storage or safety device (as defined in
section 921(a)(34) of such title) with each firearm
sold by the person; and
(3) create a public-private partnership to sup-
port organizations and units of local governments
that promote safe schools and gun safety.
(b) PRIORITY.—In awarding grants under this sec-
tion, the Attorney General shall give priority to applica-
tions from eligible States that have the highest number
of children aged 5 though 17 and the highest rate of vio-
lent crime.
(c) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share of the
cost of carrying out a program described in sub-
section (a) may not exceed 80 percent.
(2) NON-FEDERAL
SHARE.—The non-Federal
share of a grant under this title shall be 20 percent
of the cost of carrying out the activities described in
subsection (a) and may be in cash or in kind, fairly
evaluated (including the provision of equipment,
services, or facilities), from State sources.
SEC. 203. USES OF FUNDS.
A State that receives a grant award under this title
may use funds received to enforce programs described in
section 202(a).
SEC. 204. REPORTS.
(a) LOCAL REPORTS.—Each State that receives a
grant award under this title shall submit an annual report
to the Attorney General regarding the effectiveness of the
program implemented with such award.
(b) REPORT TO CONGRESS.—The Attorney General
shall compile the results of reports submitted under sub-
section (a) and submit such information on an annual
basis to the appropriate committees of Congress.
TITLE III—FEDERAL FIREARMS
LAWS
Subtitle A—Ban on Importation of
Large 
Capacity 
Ammunition
Feeding Devices
SEC. 301. SHORT TITLE.
This subtitle may be cited as the ‘‘Juvenile Assault
Weapon Loophole Closure Act’’.
SEC. 302. BAN ON IMPORTING LARGE CAPACITY AMMUNI-
TION FEEDING DEVICES.
Section 922(w) of title 18, United States Code, is
amended—
(1) in paragraph (1), by striking ‘‘(1) Except as
provided in paragraph (2)’’ and inserting ‘‘(1)(A)
Except as provided in subparagraph (B)’’;
(2) in paragraph (2), by striking ‘‘(2) Para-
graph (1)’’ and inserting ‘‘(B) Subparagraph (A)’’;
(3) by inserting before paragraph (3) the fol-
lowing:
‘‘(2) It shall be unlawful for any person to import
a large capacity ammunition feeding device.’’; and
(4) in paragraph (4)—
(A) by striking ‘‘(1)’’ each place it appears
and inserting ‘‘(1)(A)’’; and
(B) by striking ‘‘(2)’’ and inserting
‘‘(1)(B)’’.
SEC. 303. DEFINITION OF LARGE CAPACITY AMMUNITION
FEEDING DEVICE.
Section 921(a)(31) of title 18, United States Code,
is amended by striking ‘‘manufactured after the date of
enactment of the Violent Crime Control and Law Enforce-
ment Act of 1994’’.
Subtitle B—Community Protection
Act
SEC. 311. SHORT TITLE.
This subtitle may be cited as the ‘‘Community Pro-
tection Act’’.
SEC. 312. EXEMPTION OF QUALIFIED LAW ENFORCEMENT
OFFICERS FROM STATE LAWS PROHIBITING
THE CARRYING OF CONCEALED FIREARMS.
(a) IN GENERAL.—Chapter 44 of title 18, United
States Code, is amended by inserting after section 926A
the following:
‘‘§ 926B. Carrying of concealed firearms by qualified
law enforcement officers
‘‘(a) Notwithstanding any other provision of the law
of any State or any political subdivision thereof, an indi-
vidual who is a qualified law enforcement officer and who
is carrying the identification required by subsection (d)
may carry a concealed firearm that has been shipped or
transported in interstate or foreign commerce, subject to
subsection (b).
‘‘(b) This section shall not be construed to supersede
or limit the laws of any State that—
‘‘(1) permit private persons or entities to pro-
hibit or restrict the possession of concealed firearms
on their property; or
‘‘(2) prohibit or restrict the possession of fire-
arms on any State or local government property, in-
stallation, building, base, or park.
‘‘(c) As used in this section, the term ‘qualified law
enforcement officer’ means an employee of a governmental
agency who—
‘‘(1) is authorized by law to engage in or super-
vise the prevention, detection, investigation, or pros-
ecution of, or the incarceration of any person for,
any violation of law, and has statutory powers of ar-
rest;
‘‘(2) is authorized by the agency to carry a fire-
arm;
‘‘(3) is not the subject of any disciplinary action
by the agency; and
‘‘(4) meets standards, if any, established by the
agency which require the employee to regularly qual-
ify in the use of a firearm.
‘‘(d) The identification required by this subsection is
the official badge and photographic identification issued
by the governmental agency for which the individual is em-
ployed as a law enforcement officer.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for such chapter is amended by inserting after the item
relating to section 926A the following:
‘‘926B. Carrying of concealed firearms by qualified law enforcement officers.’’.
SEC. 313. EXEMPTION OF QUALIFIED RETIRED LAW EN-
FORCEMENT OFFICERS FROM STATE LAWS
PROHIBITING 
THE 
CARRYING 
OF 
CON-
CEALED FIREARMS.
(a) IN GENERAL.—Chapter 44 of title 18, United
States Code, is further amended by inserting after section
926B the following:
‘‘§ 926C. Carrying of concealed firearms by qualified
retired law enforcement officers
‘‘(a) Notwithstanding any other provision of the law
of any State or any political subdivision thereof, an indi-
vidual who is a qualified retired law enforcement officer
and who is carrying the identification required by sub-
section (d) may carry a concealed firearm that has been
shipped or transported in interstate or foreign commerce,
subject to subsection (b).
‘‘(b) This section shall not be construed to supersede
or limit the laws of any State that—
‘‘(1) permit private persons or entities to pro-
hibit or restrict the possession of concealed firearms
on their property; or
‘‘(2) prohibit or restrict the possession of fire-
arms on any State or local government property, in-
stallation, building, base, or park.
‘‘(c) As used in this section, the term ‘qualified re-
tired law enforcement officer’ means an individual who—
‘‘(1) retired in good standing from service with
a public agency as a law enforcement officer, other
than for reasons of mental instability;
‘‘(2) before such retirement, was authorized by
law to engage in or supervise the prevention, detec-
tion, investigation, or prosecution of, or the incarcer-
ation of any person for, any violation of law, and
had statutory powers of arrest;
‘‘(3)(A) before such retirement, was regularly
employed as a law enforcement officer for an aggre-
gate of 5 years or more; or
‘‘(B) retired from service with such agency,
after completing any applicable probationary period
of such service, due to a service-connected disability,
as determined by such agency;
‘‘(4) has a nonforfeitable right to benefits under
the retirement plan of the agency;
‘‘(5) during the most recent 12-month period
or, if the agency requires active duty officers to do
so with lesser frequency than every 12 months, dur-
ing such most recent period as the agency requires
with respect to active duty officers, has completed,
at the expense of the individual, a program approved
by the State for training or qualification in the use
of firearms; and
‘‘(6) is not prohibited by Federal law from re-
ceiving a firearm.
‘‘(d) The identification required by this subsection is
photographic identification issued by the State in which
the agency for which the individual was employed as a law
enforcement officer is located.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for such chapter is further amended by inserting after the
item relating to section 926B the following:
‘‘926C. Carrying of concealed firearms by qualified retired law enforcement offi-
cers.’’.
TITLE IV—SCHOOL
PSYCHOLOGICAL COUNSELING
SEC. 401. SCHOOL COUNSELING DEMONSTRATION.
(a) COUNSELING DEMONSTRATION.—
(1) IN GENERAL.—The Secretary may award
grants or enter into contracts under this section to
establish or expand elementary and secondary school
counseling programs.
(2) PRIORITY.—In awarding grants under this
section, the Secretary shall give special consideration
to applications describing programs that—
(A) demonstrate the greatest need for new
or additional counseling services among the
children in the schools served by the applicant;
(B) propose the most promising and inno-
vative approaches for initiating or expanding
school psychological counseling; and
(C) show the greatest potential for replica-
tion and dissemination.
(3) EQUITABLE
DISTRIBUTION.—In awarding
grants under this section, the Secretary shall ensure
an equitable geographic distribution among the re-
gions of the United States and among urban, subur-
ban, and rural areas.
(4) DURATION.—A grant under this section
shall be awarded for a period not to exceed three
years.
(5) MAXIMUM GRANT.—A grant under this sec-
tion shall not exceed $400,000 for any fiscal year.
(b) APPLICATIONS.—
(1) IN GENERAL.—Each local educational agen-
cy desiring a grant under this section shall submit
an application to the Secretary at such time, in such
manner, and accompanied by such information as
the Secretary may reasonably require.
(2) CONTENTS.—Each application for a grant
under this section shall—
(A) describe the school population to be
targeted by the program, the particular per-
sonal, social, emotional, and behavioral needs of
such population, and the current school psycho-
logical counseling resources available for meet-
ing such needs;
(B) describe the activities, services, and
training to be provided by the program and the
specific approaches to be used to meet the
needs described in subparagraph (A);
(C) describe the methods to be used to
evaluate the outcomes and effectiveness of the
program;
(D) describe the collaborative efforts to be
undertaken with institutions of higher edu-
cation, businesses, labor organizations, commu-
nity groups, social service agencies, and other
public or private entities to enhance the pro-
gram and promote school-linked services inte-
gration;
(E) describe collaborative efforts with in-
stitutions of higher education which specifically
seek to enhance or improve graduate programs
specializing in the preparation of school psy-
chologists;
(F) document that the applicant has the
personnel qualified to develop, implement, and
administer the program;
(G) describe how any diverse cultural pop-
ulations, if applicable, would be served through
the program;
(H) assure that the funds made available
under this part for any fiscal year will be used
to supplement and, to the extent practicable, in-
crease the level of funds that would otherwise
be available from non-Federal sources for the
program described in the application, and in no
case supplant such funds from non-Federal
sources; and
(I) assure that the applicant will appoint
an advisory board composed of parents, school
counselors, school psychologists, school social
workers, other pupil services personnel, teach-
ers, school administrators, and community lead-
ers to advise the local educational agency on the
design and implementation of the program.
(c) USE OF FUNDS.—
(1) IN GENERAL.—Grant funds under this sec-
tion shall be used to initiate or expand school psy-
chological counseling programs that comply with the
requirements in paragraph (2).
(2) PROGRAM REQUIREMENTS.—Each program
assisted under this section shall—
(A) be comprehensive in addressing the
personal, social, and emotional well being of all
students;
(B) use a developmental, preventive ap-
proach to psychological counseling;
(C) increase the range, availability, quan-
tity, and quality of psychological counseling