[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5218 Introduced in House (IH)]







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.

    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 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 requirements 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 Firearms, with respect 
                to each 6-month period during 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 violence 
        initiatives that implement comprehensive strategies to ensure a 
        learning environment at school that is safe and drug-free.
            (3) Opportunities during non-school hours.--Activities to 
        meet the child care needs of parents during non-school hours, 
        including before- and after-school, weekends, holidays, and 
        vacation periods. Such activities shall be designed to focus on 
        the social, physical, emotional, moral, or cognitive well being 
        of students and may include leadership development, character 
        training, delinquency prevention, sports and recreation, arts, 
        tutoring, academic enrichment, or other activities to meet the 
        needs of the local community.
    (b) Priority.--In awarding grants under this section, the Attorney 
General shall give priority to applications from eligible units of 
local government that have the highest number of children aged 5 though 
17 and highest rate of violent crime.
    (c) Federal Share.--
            (1) In general.--The Federal share of the cost of expanding 
        a program described in subsection (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 expanding 
        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 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 subsection (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 support 
        organizations and units of local governments that promote safe 
        schools and gun safety.
    (b) Priority.--In awarding grants under this section, the Attorney 
General shall give priority to applications from eligible States that 
have the highest number of children aged 5 though 17 and the highest 
rate of violent crime.
    (c) Federal Share.--
            (1) In general.--The Federal share of the cost of carrying 
        out a program described in subsection (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 subsection (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 AMMUNITION 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) Paragraph (1)'' and 
        inserting ``(B) Subparagraph (A)'';
            (3) by inserting before paragraph (3) the following:
    ``(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 Enforcement Act of 1994''.

                  Subtitle B--Community Protection Act

SEC. 311. SHORT TITLE.

    This subtitle may be cited as the ``Community Protection 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:
``Sec. 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 individual 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 prohibit or 
        restrict the possession of concealed firearms on their 
        property; or
            ``(2) prohibit or restrict the possession of firearms on 
        any State or local government property, installation, 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 supervise the 
        prevention, detection, investigation, or prosecution of, or the 
        incarceration of any person for, any violation of law, and has 
        statutory powers of arrest;
            ``(2) is authorized by the agency to carry a firearm;
            ``(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 qualify 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 employed 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 ENFORCEMENT OFFICERS FROM 
              STATE LAWS PROHIBITING THE CARRYING OF CONCEALED 
              FIREARMS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
further amended by inserting after section 926B the following:
``Sec. 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 individual who is a qualified 
retired 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 prohibit or 
        restrict the possession of concealed firearms on their 
        property; or
            ``(2) prohibit or restrict the possession of firearms on 
        any State or local government property, installation, building, 
        base, or park.
    ``(c) As used in this section, the term `qualified retired 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, detection, 
        investigation, or prosecution of, or the incarceration 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 aggregate 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, during 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 receiving 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 officers.''.

               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 innovative 
                approaches for initiating or expanding school 
                psychological counseling; and
                    (C) show the greatest potential for replication and 
                dissemination.
            (3) Equitable distribution.--In awarding grants under this 
        section, the Secretary shall ensure an equitable geographic 
        distribution among the regions of the United States and among 
        urban, suburban, 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 section shall not 
        exceed $400,000 for any fiscal year.
    (b) Applications.--
            (1) In general.--Each local educational agency 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 personal, social, 
                emotional, and behavioral needs of such population, and 
                the current school psychological counseling resources 
                available for meeting 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 education, 
                businesses, labor organizations, community groups, 
                social service agencies, and other public or private 
                entities to enhance the program and promote school-
                linked services integration;
                    (E) describe collaborative efforts with 
                institutions of higher education which specifically 
                seek to enhance or improve graduate programs 
                specializing in the preparation of school 
                psychologists;
                    (F) document that the applicant has the personnel 
                qualified to develop, implement, and administer the 
                program;
                    (G) describe how any diverse cultural populations, 
                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, increase 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, teachers, school 
                administrators, and community leaders 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 section shall be 
        used to initiate or expand school psychological 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 approach to 
                psychological counseling;
                    (C) increase the range, availability, quantity, and 
                quality of psychological counseling services in the 
                schools of the local educational agency;
                    (D) expand psychological counseling services only 
                through qualified school psychologists;
                    (E) use innovative approaches to increase 
                children's understanding of peer and family 
                relationships, work and self, decisionmaking, academic 
                and career planning, or to improve social functioning;
                    (F) provide psychological counseling services that 
                are well-balanced among classroom group and small group 
                counseling, individual counseling, and consultation 
                with parents, teachers, administrators, and other pupil 
                services personnel;
                    (G) include inservice training for school 
                psychologists;
                    (H) involve parents of participating students in 
                the design, implementation, and evaluation of a 
                psychological counseling program;
                    (I) involve collaborative efforts with institutions 
                of higher education, businesses, labor organizations, 
                community groups, social service agencies, or other 
                public or private entities to enhance the program and 
                promote school-linked services integration; and
                    (J) evaluate annually the effectiveness and 
                outcomes of the psychological counseling services and 
                activities assisted under this section.
            (3) Report.--The Secretary shall issue a report evaluating 
        the programs assisted pursuant to each grant under this 
        subsection at the end of each grant period in accordance with 
        section 1, but in no case later than January 30, 2004.
            (4) Dissemination.--The Secretary shall make the programs 
        assisted under this section available for dissemination, either 
        through the National Diffusion Network or other appropriate 
        means.
            (5) Limit on administration.--Not more than five percent of 
        the amounts made available under this section in any fiscal 
        year shall be used for administrative costs to carry out this 
        section.
    (d) Definitions.--For purposes of this section--
            (1) the term ``school psychologist'' means an individual 
        who--
                    (A) possesses a minimum of 60 graduate semester 
                hours in school psychology from an institution of 
                higher education and has completed 1,200 clock hours in 
                a supervised school psychology internship, of which 600 
                hours shall be in the school setting;
                    (B) possesses State licensure or certification in 
                the State in which the individual works; or
                    (C) in the absence of such State licensure or 
                certification, possesses national certification by the 
                National School Psychology Certification Board;
            (2) the terms ``elementary school'', ``local educational 
        agency'', and ``secondary school'' have the same meanings given 
        such terms in section 14101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8801); and
            (3) the term ``Secretary'' means the Secretary of 
        Education.
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