[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1763 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1763
To promote rural safety and improve rural law enforcement.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 4, 2001
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.
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 ``Rural Safety Act of 2001''.
TITLE I--SMALL COMMUNITY LAW ENFORCEMENT IMPROVEMENT GRANTS
SEC. 101. SMALL COMMUNITY GRANT PROGRAM.
Section 1703 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by adding at the
end the following:
``(d) Retention Grants.--
``(1) In general.--The Attorney General may make grants to
units of local government and tribal governments located
outside a Standard Metropolitan Statistical Area, which grants
shall be targeted specifically for the retention for 1
additional year of police officers funded through the COPS
Universal Hiring Program, the COPS FAST Program, the Tribal
Resources Grant Program-Hiring, or the COPS in Schools Program.
``(2) Preference.--In making grants under this subsection,
the Attorney General shall give preference to grantees that
demonstrate financial hardship or severe budget constraint that
impacts the entire local budget and may result in the
termination of employment for police officers described in
paragraph (1).
``(3) Limit on grant amounts.--The total amount of a grant
made under this subsection shall not exceed 20 percent of the
original grant to the grantee.
``(4) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated to carry out this subsection $15,000,000
for each of fiscal years 2002 through 2006.
``(B) Set-aside.--Of the amount made available for
grants under this subsection for each fiscal year, 10
percent shall be awarded to tribal governments.''.
SEC. 102. SMALL COMMUNITY TECHNOLOGY GRANT PROGRAM.
Section 1701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended by striking
subsection (k) and inserting the following:--
``(k) Law Enforcement Technology Program.--
``(1) In general.--Grants made under subsection (a) may be
used to assist the police departments of units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area, in employing professional,
scientific, and technological advancements that will help those
police departments to--
``(A) improve police communications through the use
of wireless communications, computers, software,
videocams, databases and other hardware and software
that allow law enforcement agencies to communicate and
operate more effectively; and
``(B) develop and improve access to crime solving
technologies, including DNA analysis, photo
enhancement, voice recognition, and other forensic
capabilities.
``(2) Cost share requirement.--A recipient of a grant made
under subsection (a) and used in accordance with this
subsection shall provide matching funds from non-Federal
sources in an amount equal to not less than 10 percent of the
total amount of the grant made under this subsection, subject
to a waiver by the Attorney General for extreme hardship.
``(3) Administration.--The COPS Office shall administer the
grant program under this subsection.
``(4) No supplanting.--Federal funds provided under this
subsection shall be used to supplement and not to supplant
local funds allocated to technology.
``(5) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated $40,000,000 for each of fiscal years 2002
through 2006 to carry out this subsection.
``(B) Set-aside.--Of the amount made available for
grants under this subsection for each fiscal year, 10
percent shall be awarded to tribal governments.''.
SEC. 103. RURAL 9-1-1 SERVICE.
(a) Purpose.--The purpose of this section is to provide access to,
and improve a communications infrastructure that will ensure a reliable
and seamless communication between, law enforcement, fire, and
emergency medical service providers in units of local government and
tribal governments located outside a Standard Metropolitan Statistical
Area and in States.
(b) Authority To Make Grants.--The Office of Justice Programs of
the Department of Justice shall make grants, in accordance with such
regulations as the Attorney General may prescribe, to units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area for the purpose of establishing or
improving 9-1-1 service in those communities. Priority in making grants
under this section shall be given to communities that do not have 9-1-1
service.
(c) Definition.--In this section, the term ``9-1-1 service'' refers
to telephone service that has designated 9-1-1 as a universal emergency
telephone number in the community served for reporting an emergency to
appropriate authorities and requesting assistance.
(d) Limit on Grant Amount.--The total amount of a grant made under
this section shall not exceed $250,000.
(e) Funding.--
(1) In general.--There are authorized to be appropriated to
carry out this section $25,000,000 for fiscal year 2002, to
remain available until expended.
(2) Set-aside.--Of the amount made available for grants
under this section, 10 percent shall be awarded to tribal
governments.
SEC. 104. JUVENILE OFFENDER ACCOUNTABILITY.
(a) Purposes.--The purposes of this section are to--
(1) hold juvenile offenders accountable for their offenses;
(2) involve victims and the community in the juvenile
justice process;
(3) obligate the offender to pay restitution to the victim
and to the community through community service or through
financial or other forms of restitution; and
(4) equip juvenile offenders with the skills needed to live
responsibly and productively.
(b) Authority To Make Grants.--The Office of Justice Programs of
the Department of Justice shall make grants, in accordance with such
regulations as the Attorney General may prescribe, to units of rural
local governments and tribal governments located outside a Standard
Metropolitan Statistical Area to establish restorative justice
programs, such as victim and offender mediation, family and community
conferences, family and group conferences, sentencing circles,
restorative panels, and reparative boards, as an alternative to, or in
addition to, incarceration.
(c) Program Criteria.--A program funded by a grant made under this
section shall--
(1) be fully voluntary by both the victim and the offender
(who must admit responsibility), once the prosecuting agency
has determined that the case is appropriate for this program;
(2) include as a critical component accountability
conferences, at which the victim will have the opportunity to
address the offender directly, to describe the impact of the
offense against the victim, and the opportunity to suggest
possible forms of restitution;
(3) require that conferences be attended by the victim, the
offender and, when possible, the parents or guardians of the
offender, and the arresting officer; and
(4) provide an early, individualized assessment and action
plan to each juvenile offender in order to prevent further
criminal behavior through the development of appropriate skills
in the juvenile offender so that the juvenile is more capable
of living productively and responsibly in the community.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $10,000,000 for fiscal year 2002 for grants to
establish programs; and
(B) $5,000,000 for each of fiscal years 2003 and
2004 to continue programs established in fiscal year
2002.
(2) Set-aside.--Of the amount made available for grants
under this section for each fiscal year, 10 percent shall be
awarded to tribal governments.
TITLE II--CRACKING DOWN ON METHAMPHETAMINE
SEC. 201. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL AREAS.
Subpart I of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.) is amended by inserting after section 509 the
following:
``SEC. 510A. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL AREAS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Substance Abuse Treatment, shall make grants to
community-based public and nonprofit private entities for the
establishment of substance abuse (particularly methamphetamine)
prevention and treatment pilot programs in units of local government
and tribal governments located outside a Standard Metropolitan
Statistical Area.
``(b) Administration.--Grants made in accordance with this section
shall be administered by a single State agency designated by a State to
ensure a coordinated effort within that State.
``(c) Application.--To be eligible to receive a grant under
subsection (a), a public or nonprofit private entity shall prepare and
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
``(d) Use of Funds.--A recipient of a grant under this section
shall use amounts received under the grant to establish a
methamphetamine abuse prevention and treatment pilot program that
serves one or more rural areas. Such a pilot program shall--
``(1) have the ability to care for individuals on an in-
patient basis;
``(2) have a social detoxification capability, with direct
access to medical services within 50 miles;
``(3) provide neuro-cognitive skill development services to
address brain damage caused by methamphetamine use;
``(4) provide after-care services, whether as a single-
source provider or in conjunction with community-based services
designed to continue neuro-cognitive skill development to
address brain damage caused by methamphetamine use;
``(5) provide appropriate training for the staff employed
in the program; and
``(6) use scientifically-based best practices in substance
abuse treatment, particularly in methamphetamine treatment.
``(e) Amount of Grants.--The amount of a grant under this section
shall be at least $19,000 but not greater than $100,000.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$2,000,000 to carry out this section.
``(2) Set-aside.--Of the amount made available for grants
under this section, 10 percent shall be awarded to tribal
governments to ensure the provision of services under this
section.''.
SEC. 202. METHAMPHETAMINE PREVENTION EDUCATION.
Section 519E of the Public Health Service Act (42 U.S.C. 290bb-25e)
is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(H) to fund programs that educate rural
communities, particularly parents, teachers, and others
who work with youth, concerning the early signs and
effects of methamphetamine use, however, as a
prerequisite to receiving funding, these programs
shall--
``(i) prioritize methamphetamine prevention
and education;
``(ii) have past experience in community
coalition building and be part of an existing
coalition that includes medical and public
health officials, educators, youth-serving
community organizations, and members of law
enforcement;
``(iii) utilize professional prevention
staff to develop research and science based
prevention strategies for the community to be
served;
``(iv) demonstrate the ability to operate a
community-based methamphetamine prevention and
education program;
``(v) establish prevalence of use through a
community needs assessment;
``(vi) establish goals and objectives based
on a needs assessment; and
``(vii) demonstrate measurable outcomes on
a yearly basis.'';
(2) in subsection (e)--
(A) by striking ``subsection (a), $10,000,000'' and
inserting ``subsection (a)--
``(1) $10,000,000'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(2) $5,000,000 for each of fiscal years 2002 through 2006
to carry out the programs referred to in subsection
(c)(1)(H).''; and
(3) by adding at the end the following:
``(f) Set-Aside.--Of the amount made available for grants under
this section, 10 percent shall be used to assist tribal governments.
``(g) Amount of Grants.--The amount of a grant under this section,
with respect to each rural community involved, shall be at least
$19,000 but not greater than $100,000.''.
SEC. 203. METHAMPHETAMINE CLEANUP.
(a) In General.--The Attorney General shall, through the Department
of Justice or through grants to States or units of local government and
tribal governments located outside a Standard Metropolitan Statistical
Area, in accordance with such regulations as the Attorney General may
prescribe, provide for--
(1) the cleanup of methamphetamine laboratories and related
hazardous waste in units of local government and tribal
governments located outside a Standard Metropolitan Statistical
Area; and
(2) the improvement of contract-related response time for
cleanup of methamphetamine laboratories and related hazardous
waste in units of local government and tribal governments
located outside a Standard Metropolitan Statistical Area by
providing additional contract personnel, equipment, and
facilities.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$20,000,000 for fiscal year 2002 to carry out this section.
(2) Funding additional.--Amounts authorized by this section
are in addition to amounts otherwise authorized by law.
(3) Set-aside.--Of the amount made available for grants
under this section, 10 percent shall be awarded to tribal
governments.
TITLE III--LAW ENFORCEMENT TRAINING.
SEC. 301. SMALL TOWN AND RURAL TRAINING PROGRAM.
(a) In General.--There is established a Rural Policing Institute,
which shall be administered by the National Center for State and Local
Law Enforcement Training of the Federal Law Enforcement Training Center
(FLETC) as part of the Small Town and Rural Training (STAR) Program
to--
(1) assess the needs of law enforcement in units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area;
(2) develop and deliver export training programs regarding
topics such as drug enforcement, airborne counterdrug
operations, domestic violence, hate and bias crimes, computer
crimes, law enforcement critical incident planning related to
school shootings, and other topics identified in the training
needs assessment to law enforcement officers in units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area; and
(3) conduct outreach efforts to ensure that training
programs under the Rural Policing Institute reach law
enforcement officers in units of local government and tribal
governments located outside a Standard Metropolitan Statistical
Area.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$10,000,000 for fiscal year 2002, and $5,000,000 for each of
fiscal years 2003 through 2006 to carry out this section,
including contracts, staff, and equipment.
(2) Set-aside.--Of the amount made available for grants
under this section for each fiscal year, 10 percent shall be
awarded to tribal governments.
TITLE IV--SECURE STORAGE OF FIREARMS ACT OF 2001
SEC. 401. SHORT TITLE.
This title may be cited as the ``Secure Storage of Firearms Act of
2001''.
SEC. 402. FINDINGS.
Congress makes the following findings:
(1) Helping responsible gun owners to provide for the
secure storage of firearms in their homes would reduce access
by children to firearms and help protect children from both
accidental and intentional shootings, and would make firearms
less likely to be stolen and later used in the commission of
crimes.
(2) Americans own over 223,000,000 firearms, including
77,000,000 handguns, and approximately 41 percent of American
households contain at least 1 firearm.
(3) Approximately 25 percent of middle school and high
school children have handled a firearm without adult
supervision, and an estimated 90 percent of accidental
shootings by children are linked to the presence of an
unlocked, loaded firearm in the home.
(4) In 1998, the most recent year for which statistics are
available--
(A) 121 children under the age of 15 and 260
persons between the ages of 15 and 24 were killed in
accidental shootings;
(B) 154 children under the age of 15 and 2,510
persons between the ages of 15 and 24 committed suicide
using a firearm; and
(C) 317 children under the age of 15 and 4,559
persons between the ages of 15 and 24 were murdered
with a firearm.
(5) As of 1998, suicide was the sixth leading cause of
death among children between the ages of 5 and 14 and the third
leading cause of death among people between the ages of 15 and
24. Firearms were used in 57 percent of all suicides.
(6) In February 1999, an analysis of firearms used in
crimes committed during the 3 preceding years in 27 cities was
released by the Bureau of Alcohol, Tobacco and Firearms. The
Bureau of Alcohol, Tobacco and Firearms found that 35 percent
of the 76,260 guns used in crimes committed by 18- to 24-year-
olds had been stolen from private residences or gun dealers.
Many of these guns were undoubtedly stolen during the course of
the more than 5,000,000 burglaries committed in the United
States each year.
SEC. 403. DEMONSTRATION PROGRAM FOR LAW ENFORCEMENT GUN SAFES AND GUN
STORAGE RACKS.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at
the end the following:
``PART CC--DEMONSTRATION PROGRAM FOR LAW ENFORCEMENT GUN SAFES AND GUN
STORAGE RACKS
``SEC. 2901. DEFINITIONS.
``In this part--
``(1) the term `Director' means the Director of the Bureau
of Justice Assistance of the Department of Justice;
``(2) the term `firearm' has the meaning given the term in
section 921(a) of title 18, United States Code;
``(3) the term `gun safe' means a safe, gun safe, gun case,
lock box, or other device that is designed to be or can be used
to store a firearm and that is designed to be unlocked only by
means of a key, a combination, or other similar means;
``(4) the term `gun storage rack' means a stationary device
affixed to a permanent structure that is designed to be used to
store a firearm and that is designed to be unlocked only by
means of a key, a combination, or other similar means;
``(5) the term `Indian tribe' has the meaning given the
term in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e));
``(6) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders;
``(7) the term `qualified law enforcement officer' means a
State, local, or tribal law enforcement officer who--
``(A) resides with, or is regularly visited in the
residence of the officer by, 1 or more individuals who
have not attained the age of 18 years; and
``(B) regularly stores the firearm issued to that
officer in the residence of that officer when the
officer is off duty;
``(8) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands; and
``(9) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level.
``SEC. 2902. PROGRAM AUTHORIZED.
``(a) In General.--The Director may carry out a 5-year
demonstration program to make grants to States, units of local
government, and Indian tribes to assist qualified law enforcement
officers in the acquisition and installation of gun safes or gun
storage racks in their residences.
``(b) Applications.--
``(1) In general.--To request a grant make under this
section, the chief executive of a State, unit of local
government, or Indian tribe shall submit to the Director an
application in such form and containing such information as the
Director may reasonably require.
``(2) Preferential consideration.--In making grants under
this section, the Director may give preferential consideration,
if feasible, to an application from a jurisdiction that--
``(A) has a strong community education program that
emphasizes the need for, and provides specific
information regarding, the safe storage of firearms;
``(B) has the greatest need for gun safes and gun
storage racks, based on the percentage of qualified law
enforcement officers in the jurisdiction who do not
have a gun safe or gun storage rack in their residence;
or
``(C) has, or will institute, a mandatory policy
that requires qualified law enforcement officers to use
gun safes or gun storage racks whenever feasible.
``(c) Uses of Funds.--Grants made under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used to assist qualified law enforcement officers in
the jurisdiction of the grantee in the acquisition and
installation of gun safes or gun storage racks in their
residences.
``(d) Allocation.--
``(1) Smaller units of local government.--Not less than 50
percent of the total amount made available for each fiscal year
for grants under this section shall be made to units of local
government with fewer than 100,000 residents.
``(2) Set-aside.--Of the amounts made available for grants
under this section, the Director shall set-aside 10 percent,
which shall be used by Indian tribes.''.
(b) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Director of the Bureau of Justice Assistance
of the Department of Justice shall promulgate regulations to implement
section 2902(b)(1) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (as added by this section), which shall include a
description of the information that must be included in each
application submitted under that section and the requirements that the
States, units of local government, and Indian tribes must meet in
submitting those applications.
(c) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)) is amended by adding at the end the following:
``(24) There are authorized to be appropriated to carry out part
CC, $10,000,000 for each of fiscal years 2002 through 2006.''.
SEC. 404. CREDIT FOR PURCHASE OF GUN SAFES AND GUN STORAGE RACKS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by adding at the end the following:
``SEC. 25B. GUN SAFES AND GUN STORAGE RACKS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to so much of the gun safe or gun storage
rack acquisition expenses paid during such taxable year by such
individual as do not exceed $150.
``(b) Gun Safe or Gun Storage Rack Acquisition Expenses.--For
purposes of this section, the term `gun safe or gun storage rack
acquisition expenses' means expenses for the acquisition and
installation of a gun safe (as defined in section 2901 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968) or gun storage
rack (as defined in section 2901 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968) in the residence of the taxpayer.
``(c) Special Rules.--
``(1) Denial of double benefit.--No deduction shall be
allowed under this chapter for any expenditure for which credit
is allowed under this section.
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(3) Marital status.--Marital status shall be determined
in accordance with section 7703.
``(d) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply for any taxable year.
``(e) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section.''.
(2) Clerical amendment.--The table of sections for subpart
A of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by inserting after the item
relating to section 25A the following new item:
``Sec. 25B. Gun safes and gun storage
racks.''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2001.
(b) Notification of Tax Credit.--
(1) New licensed dealers.--
(A) In general.--Section 923(d)(1) of title 18,
United States Code, is amended--
(i) in subparagraph (F), by striking
``and'' at the end;
(ii) in subparagraph (G), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(H) in the case of an application to be licensed as a
dealer, the applicant certifies that the applicant will comply
with the notification requirement of section 922(z).''.
(B) Effective date.--The amendment made by this
paragraph shall apply with respect to any application
submitted under section 923 of title 18, United States
Code, on or after January 1, 2002.
(2) Existing licensed dealers.--
(A) In general.--Section 922 of title 18, United
States Code, is amended by inserting after subsection
(y) the following:
``(z) Secure Storage of Firearms Tax Credit.--It shall be unlawful
for any licensed dealer to sell, deliver, or otherwise transfer a
firearm to any person, unless the licensed dealer notifies that person
of the income tax credit for which the individual may be eligible under
section 25B of the Internal Revenue Code of 1986 for gun safe or gun
storage rack acquisition expenses.''.
(B) Penalty.--Section 924(a) of title 18, United
States Code, is amended by adding at the end the
following:
``(7) A licensed dealer who knowingly violates section 922(z) shall
be fined not more than $100.''.
(C) Effective date.--The amendments made by this
paragraph shall apply with respect to any sale,
delivery, or transfer of a firearm occurring on or
after January 1, 2002.
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