SAFER AMERICA FOR EVERYONE'S CHILDREN ACT (SAFE CHILDREN ACT), H.R. 5218 -- HON. BENJAMIN A. GILMAN (Extensions of Remarks - September 20, 2000)

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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,
This Act may be cited as the ``Safer America For Everyone's Children (SAFE Children) Act.''
There are authorized to be approriated $10,000,000 for fiscal year 2002 to carry out titles I, II, and IV.
The Attorney General is authorized to provide grants to units of local government that comply with the requirements of section 102(a).
(a) IN GENERAL.--
(1) GUN BUYBACK.--
(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.--
(3) OPPORTUNITIES DURING NON-SCHOOL HOURS.--
(b) PRIORITY.--
(c) FEDERAL SHARE.--
(1) IN GENERAL.--
(2) NON-FEDERAL SHARE.--
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).
(a) LOCAL REPORTS.--
(b) REPORT TO CONGRESS.--
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.
The Attorney General is authorized to provide grants to States that comply with the requirements of section 202(a).
(a) IN GENERAL.
(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.
(c) FEDERAL SHARE.
(1) IN GENERAL.
(2) NON-FEDERAL SHARE.
A State that receives a grant award under this title may use funds received to enforce programs described in section 202(a).
(a) LOCAL REPORTS.
(b) REPORT TO CONGRESS.
This subtitle may be cited as the ``Juvenile Assault Weapon Loophole Closure Act''.
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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)''.
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.
This subtitle may be cited as the ``Community Protection Act''.
(a) IN GENERAL.
``(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
(a) IN GENERAL.
``(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
``(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.

(a) COUNSELING DEMONSTRATION.--
(1) IN GENERAL.
(2) PRIORITY.
(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.
(4) DURATION
(5) MAXIMUM GRANT
(b) APPLICATIONS
(1) IN GENERAL
(2) CONTENTS
(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
(2) PROGRAM REQUIREMENTS
(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
(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
(4) DISSEMINATION
(5) LIMIT ON ADMINISTRATION
(d) DEFINITIONS
(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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