[Congressional Record (Bound Edition), Volume 146 (2000), Part 13]
[Extensions of Remarks]
[Pages 18780-18782]
[From the U.S. Government Publishing Office, www.gpo.gov]



  SAFER AMERICA FOR EVERYONE'S CHILDREN ACT (SAFE CHILDREN ACT), H.R. 
                                  5218

                                 ______
                                 

                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                     Wednesday, September 20, 2000

  Mr. GILMAN. Mr. Speaker, today I am introducing H.R. 5218, the Safer 
America for Everyone's Children Act, or SAFE Children Act. The SAFE 
Children Act is a nine point program which will reward those States and 
communities who work to keep guns out of the hands of children, promote 
opportunities for students, and support programs which keep our kids 
off the streets and away from drugs. By supporting communities who take 
the initiative to combat school violence, we are allowing parents and 
educators to work together to make the decisions which will effectively 
help our children and provide an appropriate and common sense solution.
  The SAFE Children Act creates new SAFE communities and SAFE States 
block grants which can be used to supplement, expand, or enforce 
programs which combat school violence. To be eligible for the new 
grants, ``SAFE communities'' will have to offer a biannual gun buyback 
program, provide working programs to create safe and drug-free schools, 
and offer after-school programs, which focus on the social, physical, 
emotional, moral, or cognitive well being of students. ``SAFE States'' 
will have to enact legislation to require individuals to be 21 years 
old to purchase a handgun, require safety locks to be sold with 
firearms at the time of sale, and create a public-private partnership 
to support organizations and municipalities who promote safe schools 
and gun safety.
  Furthermore, the Safe Children Act creates a school counseling 
demonstration program to award grants to schools to establish or expand 
school psychological counseling programs, offering individual schools 
the opportunity and funding necessary to have on-site or on-contract 
child psychologists to assist troubled students. Additionally, the 
measure promotes the safety of law enforcement personnel by prohibiting 
the importation of large capacity ammunition feeding devices and 
exempts qualified law enforcement officers and retired officers from 
state laws prohibiting the carrying of concealed firearms.
  Mr. Speaker, since the tragedy at Columbine High School, I have been 
meeting with parents, teachers, students, and law enforcement 
officials, to discuss the root of the problems in our nation's schools 
and find a resolution. The Safe Children Act is an important first 
step, because it promotes and supports community initiative and 
inclusion.
  It is obvious that no one solution exists for solving the increase in 
school shootings, but it is imperative that we all dedicate ourselves 
to working together within our families and communities to stop the 
violence among our youth. The real solution to combating school 
violence will not be found in the halls of Congress, rather in our 
schools, homes, and communities throughout our nation. The Safe 
Children Act will reward those communities which work together to 
provide a safer America for everyone's children.

                               H.R. 5218

                                 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 approriated $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

[[Page 18781]]

     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 9a) 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 through 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

[[Page 18782]]

     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 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 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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