[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1082 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1082
To provide for safe schools and safe communities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Cruz (for himself and Mr. Barrasso) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide for safe schools and safe communities.
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 ``Securing Our Schools Act of 2023''.
SEC. 2. NONPROFIT SECURITY GRANT PROGRAM.
Section 2009 of the Homeland Security Act of 2002 (6 U.S.C. 609a)
is amended--
(1) in subsection (e), by striking ``2022 through 2028''
and inserting ``2023 through 2029'';
(2) by redesignating subsection (i) as subsection (l);
(3) by inserting after subsection (h) the following:
``(i) Feedback.--
``(1) In general.--If the Administrator denies an
application for a grant under this section, not later than 120
days after the date of the denial, the Administrator shall--
``(A) notify the applicant; and
``(B) provide an explanation for the denial.
``(2) Explanation.--An explanation described in paragraph
(1)(B) shall include information identifying the reason for the
denial of the application, including--
``(A) any factors that led to a lower score or rank
compared to other applicants; and
``(B) an identification of any deficiencies in the
application.
``(j) Administrative Costs and Technical Assistance.--A State
through which the Administrator makes a grant to an eligible nonprofit
organization under this section shall receive a 5-percent increase in
the amount of the grant--
``(1) for administrative costs; and
``(2) to provide technical assistance to the eligible
nonprofit organization.
``(k) Application Update and Improvements.--
``(1) Public meeting.--Not later than 90 days after the
date of enactment of the Securing Our Schools Act of 2023, the
Administrator shall hold a public meeting to solicit
recommendations on updating the application process for a grant
under this section.
``(2) Report.--Not later than 180 days after the date of
enactment of the Securing Our Schools Act of 2023, the
Administrator shall--
``(A) develop recommendations to modernize and
update the application process for a grant under this
section, which shall include considerations for--
``(i) establishing a more streamlined
application process;
``(ii) establishing greater uniformity in
the application process among all applicants
and the guidance provided to States through
which the Administrator makes grants to
eligible nonprofit organizations under this
section;
``(iii) ensuring that the application
template is compatible with the latest or most
widely used version of software programs; and
``(iv) coordinating with the Administrator
of General Services to ensure that applications
submitted under this section are compatible
across online platforms of the Federal
Government; and
``(B) submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a report that includes--
``(i) the recommendations developed under
subparagraph (A); and
``(ii) a description of whether the
recommendations developed under subparagraph
(A) are consistent with feedback received at
the public meeting required under paragraph
(1).
``(3) Implementation of recommendations.--Not later than
270 days after the date of enactment of the Securing Our
Schools Act of 2023, the Administrator shall implement the
recommendations developed under paragraph (2)(A).
``(4) Paperwork reduction act waiver.--For the purpose of
meeting the deadlines established under this subsection, the
Secretary may waive the application of subchapter I of chapter
35 of title 44, United States Code, to the requirements of this
subsection.''; and
(4) in subsection (l), as so redesignated--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--There is authorized to be appropriated
for grants under this section--
``(A) $360,000,000 for fiscal year 2023, of which--
``(i) $180,000,000 shall be for recipients
in high-risk urban areas that receive funding
under section 2003; and
``(ii) $180,000,000 shall be for recipients
in jurisdictions that do not so receive such
funding; and
``(B) $480,000,000 for each of fiscal years 2024
through 2029.'';
(B) in paragraph (2), by striking ``2028'' and
inserting ``2029''; and
(C) by adding at the end the following:
``(3) High-risk urban areas.--Of the amounts made available
to carry out this section for each of fiscal years 2024 through
2029, not less than 0.35 percent shall be for grants to
eligible recipients located in each high-risk urban area
receiving grants under section 2003.
``(4) Salaries and expenses.--Of the amounts made available
to carry out this section in any fiscal year, the Administrator
may transfer to another account of the Federal Emergency
Management Agency not more than 3 percent for salaries and
administrative expenses, including any necessary expenses to
provide feedback or technical assistance to applicants for a
grant under this section in accordance with subsection (j).''.
SEC. 3. SECURING SCHOOLS.
(a) In General.--
(1) Appropriation.--There are authorized to be
appropriated, and there are appropriated, to the Secretary of
Education to carry out subpart 1 of part A of title IV of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7111), $2,560,000,000 for fiscal years 2024 through 2033.
(2) School security.--The Secretary of Education shall use
50 percent of the funds appropriated under paragraph (1) to
carry out clause (v) of section 4104(b)(3)(B) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(B)).
(b) Elementary and Secondary Education Act of 1965.--Section 4104
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114)
is amended in subsection (b)(3)(B)--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by inserting after clause (iv) the following:
``(v) improving school conditions for
student learning, by enabling local educational
agencies to use funds available under
subsection (a)(3) for the purpose of planning
and designing school buildings and facilities,
installing infrastructure, and implementing
technology or other measures, that strengthen
security on school premises, which may
include--
``(I) controlling access to school
premises or facilities, through the use
of metal detectors, or other measures,
or technology, with evidence-based
effectiveness (to the extent the State
involved determines that such evidence
is reasonably available), which may
include--
``(aa) secured campus
external gate or locked doors
or check-in points;
``(bb) active shooter alert
systems;
``(cc) access control;
``(dd) internal door locks;
``(ee) peepholes for
classroom doors;
``(ff) school site alarm
and protection systems;
``(gg) metal detectors or
x-ray machines (including
portable);
``(hh) door locking
mechanisms and access control
doors;
``(ii) increased lighting
on school grounds;
``(jj) emergency call
boxes;
``(kk) two-way radios;
``(ll) emergency alerts;
``(mm) surveillance cameras
or systems and infrastructure
(such as poles and wiring);
``(nn) software costs and
warranties;
``(oo) fencing and gating;
and
``(pp) emergency generators
to provide back-up power for
phone systems, critical
lighting, and essential
outlets;
``(II) implementing any technology
or measure, or installing any
infrastructure, to cover and conceal
students within the school during
crisis situations;
``(III) implementing technology to
provide coordination with law
enforcement and notification to
relevant law enforcement and first
responders during such a situation,
which shall include--
``(aa) emergency planning
and preparation;
``(bb) emphasis on a school
safety plan with buy in from
all elements of the school
community, including board
members, employees, students,
parents, law enforcers,
government and business
leaders, the media, and local
residents;
``(cc) school
implementation of threat
assessment programs;
``(dd) development of
district-based mandatory
incident reporting systems;
``(ee) establishment of
local school safety advisory
groups (including parents,
families, judges, first
responders, health and human
service professionals, and
mental health professionals);
``(ff) evidence-based
training for school resource
officers, school personnel, and
students to prevent student
violence to enable them to
recognize and quickly respond
to warning signs;
``(gg) development and
operations of anonymous
reporting systems;
``(hh) evidence-based
school threat assessment and
crisis intervention teams;
``(ii) programs to
facilitate coordination with
local law enforcement;
``(jj) liability and
insurance for school districts;
``(kk) trauma-informed
training for school staff on
responses to active shooter
situations; and
``(ll) community engagement
for planning and implementing
safety policies and procedures;
``(IV) implementing any technology
or measure, including hiring school
security officers, or installing any
infrastructure, with evidence-based
effectiveness (to the extent the State
involved determines that such evidence
is reasonably available) to increase
the safety of school students and
staff;
``(V) implementing any technology
or measure, or installing any
infrastructure, for school safety
reinforcement, including bullet-
resistant doors and windows; and
``(VI) implementing any technology
or system that would reduce the time
needed to disseminate official
information to parents regarding the
safety of their children during and
immediately following a crisis;''.
SEC. 4. IMPROVING SCHOOL SECURITY THROUGH THE COPS ON THE BEAT PROGRAM.
Section 1701(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10381(b)) is amended--
(1) in paragraph (22), by striking ``and'' at the end;
(2) in paragraph (23), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(24) to pay salaries and expenses of school resource
officers at public, charter, and private elementary schools and
secondary schools (as such terms are defined under section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)); and
``(25) to improve physical school security at public,
charter, and private elementary schools and secondary schools
(as such terms are defined under section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801)) by
obtaining security equipment to protect students in schools and
equip law enforcement officers responding to school security
issues and installing physical structure improvements,
including--
``(A) fencing, external gates, door locks, and
check-in points, to establish a secured campus;
``(B) active shooter alert systems;
``(C) access controls;
``(D) internal door locks;
``(E) school site alarm and protection systems;
``(F) metal detector or x-ray machines (including
portable machines);
``(G) ballistic safety equipment for schools and
responding law enforcement officers;
``(H) increased lighting on school grounds;
``(I) emergency call boxes;
``(J) two-way radios;
``(K) emergency alert systems;
``(L) surveillance cameras or systems, including
infrastructure for such systems such as poles and
wiring;
``(M) software costs and warranties; and
``(N) emergency generators to provide back-up power
for phone systems, critical lighting, and essential
outlets.''.
SEC. 5. STUDENT MENTAL HEALTH.
(a) Student Access to Mental Health Program Fund.--
(1) Definitions.--In this subsection:
(A) Eligible school.--The term ``eligible school''
means a school in which the lowest grade at the school
is not lower than grade 6 and the highest grade at the
school is not higher than grade 12.
(B) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(2) Student access to mental health program fund.--
(A) In general.--From the funds made available to
carry out section 2001 of the American Rescue Plan Act
of 2021 (20 U.S.C. 3401 note), $10,000,000,000 shall be
transferred to establish the ``Student Access to Mental
Health Program Fund'', to remain available through
September 30, 2032. The Secretary shall use amounts
available in such Fund to award grants to States, from
allocations under subparagraph (B), to enable the
States to support the salary of a mental health
professional in eligible schools located in the State.
(B) Allocation.--From the amounts available in the
Fund established under subparagraph (A), the Secretary
shall make an allocation to each State in the same
proportion as the number of eligible schools located in
the State.
(C) Partnership.--
(i) In general.--A State awarded a grant
under this subsection shall comply with the
following:
(I) The State shall use the grant
funds to cover the cost of the salary,
which shall be not more than $55,000,
for 10 years for a mental health
professional to serve eligible schools
located in the State. Such mental
health professional shall serve not
more than 5 eligible schools in any
school year by rotating among the
schools for not less than 1 day a week
at each such school.
(II) The State shall expend non-
Federal funds to pay for the other
costs of recruitment, training, and
benefits for each such mental health
professional, and any other expenses
related to such employment.
(ii) Conditions of grants.--A State awarded
a grant under this subsection shall require
that each eligible school served by the grant--
(I) provide to the parents of any
student enrolled in the school who has
not reached age 19 who meets with a
mental health professional employed at
the school with all counseling records
and mental health assessments for such
student;
(II) not teach Critical Race Theory
or include Critical Race Theory in any
school program; and
(III) not advocate for abortion or
abortion services in any form.
(b) Funds for Programs.--The unobligated balance of funds made
available to carry out sections 2021 and 6002 of the American Rescue
Plan Act of 2021 (Public Law 117-2) shall be transferred to, and evenly
divided among, the following programs:
(1) Project AWARE State Educational Agency Grant Program
carried out by the Secretary of Health and Human Services.
(2) Student Support and Academic Enrichment Grant Program
carried out by the Secretary of Education.
(3) Community Mental Health Services Block Grant Program
carried out by the Secretary of Health and Human Services.
(4) Children's Mental Health Initiative of the Substance
Abuse and Mental Health Services Administration.
(c) Best Practices.--
(1) ESEA definitions.--In this subsection, the terms
``elementary school'' and ``secondary school'' have the
meanings given the terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Development and dissemination of best practices.--Not
later than 1 year after the date of enactment of this Act, the
Administrator of the Substance Abuse and Mental Health Services
Administration, the Secretary of Health and Human Services, and
the Secretary of Education shall work in consultation to--
(A) develop best practices for identifying warning
signs of mental health problems with students and
identify warning signs for teachers and administrator
that a student is at high-risk for violence,
specifically for a mass shooting;
(B) develop best practices for identifying warning
signs of mental health problems with children and
identify warning signs for individuals who work at a
social service agency that a child under the age of 18
is at high-risk for violence, specifically for a mass
shooting; and
(C) disseminate the best practices developed under
subparagraphs (A) and (B) to each elementary school and
secondary school in the United States, and publish the
best practices on a publicly accessible website of the
Department of Education and the Substance Abuse and
Mental Health Services Administration.
(d) GAO Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on how many elementary schools and
secondary schools in the United States have a mental health
provider for students, how many students take advantage of the
mental health services, the main causes for students to access
the services.
(2) ESEA definitions.--In this subsection, the terms
``elementary school'' and ``secondary school'' have the
meanings given the terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 6. AUTHORIZATION AND APPROPRIATIONS OF FUNDS.
The unobligated balance of funds made available to carry out
section 18003 of division B of the CARES Act (Public Law 116-136; 134
Stat. 565), section 313 of the Coronavirus Response and Relief
Supplemental Appropriations Act, 2021 (division M of Public Law 116-
260; 134 Stat. 1929), and section 2001 of the American Rescue Plan Act
of 2021 (20 U.S.C. 3401 note) shall be transferred to the Secretary of
Education to be used to carry out this Act in an amount not to exceed
$38,000,000,000.
SEC. 7. NO FEDERAL FUNDING FOR ABORTIONS.
(a) In General.--No funds authorized or appropriated by this Act,
or an amendment made by this Act, shall be expended for any abortion or
counseling that results in encouraging, facilitating, or referral for
an abortion.
(b) Health Benefits Coverage.--No funds authorized or appropriated
by this Act, or an amendment made by this Act, shall be expended for
health benefits coverage that includes coverage of abortion.
(c) Exceptions.--The limitations established in paragraphs (a) and
(b) shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
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