[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 255 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 255
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
January 30, 2001
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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