[House Report 118-207]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-207
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PROTECTING HUNTING HERITAGE AND EDUCATION ACT
_______
September 20, 2023.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Ms. Foxx, from the Committee on Education and the Workforce, submitted
the following
R E P O R T
[To accompany H.R. 5110]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 5110) to amend the Elementary and
Secondary Education Act of 1965 to clarify that the prohibition
on the use of Federal education funds for certain weapons does
not apply to the use of such weapons for training in archery,
hunting, or other shooting sports, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Hunting Heritage and
Education Act''.
SEC. 2. CLARIFICATION OF PROHIBITION ON USE OF FEDERAL EDUCATION FUNDS
FOR CERTAIN WEAPONS AND RELATED TRAINING.
Section 8526(7) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7906(7)) is amended by inserting ``, except that this
paragraph shall not apply to the use of funds under this Act for
activities carried out under programs authorized by this Act that are
otherwise permissible under such programs and that provide students
with educational instruction or educational enrichment activities, such
as archery, hunting, other shooting sports, or culinary arts'' before
the period at the end.
Purpose
Students should have access to a well-rounded education and
safe, healthy recreation. Federal funds under the Elementary
and Secondary Education Act (ESEA) should continue to be
available for these kinds of activities, which should include
access to the necessary equipment. And H.R. 5110, the
Protecting Hunting Heritage and Education Act, is designed to
clarify that such funds can be used for these purposes. In
August, Rep. Mark Green (R-TN) and Rep. Richard Hudson (R-NC)
introduced H.R. 5110, the Protecting Hunting Heritage and
Education Act. The bill amends ESEA to clarify that the
prohibition on the use of ESEA funds for certain weapons does
not apply to programs for instruction or educational enrichment
activities such as archery, hunting, other shooting sports, or
culinary programs.
Committee Action
117TH CONGRESS
Second Session--Hearings
On February 16, 2022, the Committee's Subcommittee on Early
Childhood, Elementary, and Secondary Education (ECESE) held a
hearing on ``Serving All Students: Promoting a Healthier, More
Supportive School Environment.'' The purpose of the hearing was
to examine school safety practices, such as seclusion and
restraint and corporal punishment, and proposals to fund school
districts' efforts to create positive school climates.
Testifying before the subcommittee were Mr. Max Eden, Research
Fellow, American Enterprise Institute, Washington D.C.; Ms.
Kristen Harper, Vice President For Public Policy and
Engagement, Child Trends, Bethesda, MD; Mr. Guy Stephens,
Founder and Executive Director, Alliance Against Seclusion and
Restraint, Solomons, MD; and Ms. Morgan Craven, National
Director of Policy, Advocacy and Community Engagement,
Intercultural Development Research Association, San Antonio,
TX.
On May 26, 2022, the Committee on Education and the
Workforce held a hearing on ``Examining the Policies and
Priorities of the U.S. Department of Education.'' The purpose
of the hearing was to review the Fiscal Year 2023 budget
priorities of the U.S. Department of Education and school
safety was discussed. Testifying before the Committee was The
Honorable Miguel Cardona, Secretary, U.S. Department of
Education, Washington, D.C.
On September 20, 2022, the Committee's Subcommittee on
Early Childhood, Elementary, and Secondary Education (ECESE)
held a hearing on ``Back to School: Meeting Students' Academic,
Social and Emotional Needs.'' The purpose of the hearing was to
examine how states and school districts are meeting the
academic and mental health needs of students. Testifying before
the subcommittee were Dr. Penny Schwinn, Commissioner,
Tennessee Department of Education, Nashville, TN; Dr. Aaliyah
A. Samuel, President and Chief Executive Officer, Collaborative
for Academic, Social, and Emotional Learning, Chicago, IL; Dr.
Matthew Blomstedt, Commissioner, Nebraska Department of
Education, Lincoln, NE; and Ms. Phyllis Jordan, Associate
Director, Future Ed, Georgetown University, Washington, D.C.
Legislative Action
On September 29, 2021, Rep. Debbie Wasserman Schultz (D-FL)
introduced H.R. 5428, the School Shooting Preparedness and
Safety Act, with Reps. Lucy McBath (D-GA) and Jahana Hayes (D-
CT) as original co-sponsors. The bill was referred solely to
the Committee on Education and Labor.
On March 16, 2022, the Committee considered H.R. 5428 in
legislative session and reported it favorably, as amended, to
the House of Representatives by a recorded vote of 27-21. The
Committee considered the following amendments to H.R. 5428:
1. Rep. McBath offered an Amendment in the Nature of
a Substitute (ANS) to make conforming and technical
changes to the bill. The amendment was adopted by a
voice vote.
2. Rep. Burgess Owens (R-UT) offered an amendment to
the ANS, representing the minority substitute. The
Owens amendment struck the definitions and mentions of
``school shooting'' and ``mass shooting'' from the bill
and would require the Department of Education to
consult with the Department of Homeland Security in
collecting and publishing data on school safety while
eliminating the detailed data collection on school
shooting collected by the underlying bill. The
amendment was defeated by a recorded vote of 21-28.
3. Rep. Elise Stefanik (R-NY) offered an amendment to
include data collection and reporting on the
implementation of bail reform, the presence of school
resource officers at schools, and the implementation of
alternative discipline practices in school districts
that have experienced a school shooting. The amendment
was defeated by a recorded vote of 22-27.
4. Rep. Rick Allen (R-GA) offered an amendment to
include a study regarding school safety and school
choice, including whether increased school choice
increases perceptions of school safety. The amendment
was defeated by a recorded vote of 22-27.
On July 26, 2022, Rep. John Joyce (R-PA) introduced H. Res.
1273 to direct the President to provide certain documents to
the House of Representatives in relation to communication
between the executive branch and the American Federation of
Teachers (AFT) regarding reopening schools and supporting safe,
in-person learning. On September 15, 2022, the Committee
considered H. Res. 1273 in legislative session and reported it
unfavorably, as amended, to the House of Representatives by a
vote of 28-21. The resolution was not considered on the House
floor.
118TH CONGRESS
First Session--Hearings
On February 8, 2023, the Committee on Education and the
Workforce held a hearing on ``American Education in Crisis.''
The purpose of the hearing was to examine the state of American
education, including the need to add transparency and
accountability, to update the education system to serve the
needs of students and families, and to protect and restore the
rights of parents to have a say in their children's education;
issues around school safety also were discussed. Testifying
before the Committee were Ms. Virginia Gentles, Director,
Education Freedom Center, Independent Women's Forum, Arlington,
VA; Dr. Monty Sullivan, President, Louisiana Community and
Technical College System, Baton Rouge, LA; Mr. Scott Pulsipher,
President, Western Governors University, Salt Lake City, UT;
and Mr. Jared Polis, Governor, State of Colorado, Denver, CO.
Legislative action
On August 1, 2023, Rep. Mark Green (R-TN) introduced H.R.
5110, the Protecting Hunting Heritage and Education Act, with
Rep. Richard Hudson (R-NC) as an original co-sponsor. The bill
was referred solely to the Committee on Education and the
Workforce. On September 14, 2023, the Committee considered H.R.
5110 in legislative session and reported it favorably, as
amended, to the House of Representatives by a recorded vote of
42-0. The Committee considered the following amendments to H.R.
5110:
1. Rep. Glenn Grothman (R-WI) offered an Amendment in
the Nature of a Substitute (ANS) to clarify the
prohibition on use of federal education funds for
certain weapons and related training. The amendment was
adopted by voice vote.
Committee Views
INTRODUCTION
Students should have access to a well-rounded education and
safe, healthy recreation. This includes access to a wide range
of activities including programs such as school-based archery,
hunting, and culinary arts classes. There is ample evidence
that these classes are good for students, teach them safe
habits, and help build self-esteem, patience, and discipline.
Federal funds under the Elementary and Secondary Education Act
(ESEA) should continue to be available for these kinds of
activities, which should include access to the necessary
equipment. H.R. 5110, the Protecting Hunting Heritage and
Education Act, is designed to clarify that such funds can be
used for these purposes.
Background on the importance of a wide range of activities in education
While the General Education Provisions Act bans the
Department of Education from dictating curriculum,\1\ ESEA
recognizes the importance of access to a ``well-rounded
education'' and authorizes federal funding for such
programming.\2\ In addition to the core academic subjects and
those associated with ``typical'' academic disciplines, the
ESEA definition of ``well-rounded education'' includes ``arts,
career and technical education, health, physical education, and
any other subject, as determined by the State or local
educational agency, with the purpose of providing all students
access to an enriched curriculum and educational
experience.''\3\ Research has shown the importance of a well-
rounded education and ensuring students acquire skills that
promote solution oriented actions, working together, and
critical thinking.\4\
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\1\General Education Provisions Act, 20 U.S.C. Sec. 1232(a) (``No
provision of any applicable program shall be construed to authorize any
department, agency, officer, or employee of the United States to
exercise any direction, supervision, or control over the curriculum,
program of instruction, administration, or personnel of any educational
institution, school, or school system, or over the selection of library
resources, textbooks, or other printed or published instructional
materials by any educational institution or school system, or to
require the assignment or transportation of students or teachers in
order to overcome racial imbalance.'').
\2\20 U.S.C. Sec. 7117.
\3\20 U.S.C. Sec. 7802.
\4\Nat'l Ctr. on Time & Learning, A Well-Rounded Education, Nat'l
Ctr. on Time & Learning: Rsch, https://timeandlearning.org/research/
well-rounded-education (last visited Sep. 18, 2023).
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For example, some schools offer archery programming for
their students. According to the National Archery in the
Schools Program (NASP), more than one million students in
nearly 9,000 schools participate in archery annually. According
to NASP, 58 percent of participating students say they feel
more connected with their school, 40 percent say they are more
engaged in the classroom, and 91 percent pursue (or want to
pursue) other outdoor activities thanks to NASP.\5\ There are
also a number of schools that offer hunter education courses.
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\5\Nat'l Archery in the Schs. Program, Students Love Archery, Nat'l
Archery in the Schs. Program: Magic of NASP, https://
www.naspschools.org/magic-of-nasp/ (last visited Sept. 18, 2023).
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Other schools offer courses in the culinary arts. Such
courses can help students learn lifetime skills, promote
healthy habits, and pique interest in the culinary arts career
field.\6\ Students taking such courses have reported not only
learning culinary skills but also increased self-confidence.\7\
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\6\Healthy-Food-Choices-In-Schools, Cooking with Kids in Schools:
Why It Is Important, Healthy Food Choices In Schs. (June 12, 2019)
https://healthy-food-choices-in-schools.extension.org/cooking-with-
kids-in-schools-why-it-is-important/.
\7\Julian Ward, North Bend High School's culinary class gives
students cooking skills and self-confidence, The World (Dec. 19, 2019)
https://theworldlink.com/news/local/education/north-bend-high-schools-
culinary-class-gives-students-cooking-skills-and-self-confidence/
article_9c323517-baa6-593a-9210-f0f6fabbf960.html.
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Recent changes to the law
The Bipartisan Safer Communities Act (BSCA), enacted in
June 2022, included a provision to prohibit ESEA funds from
being used ``for the provision to any person of a dangerous
weapon'' or ``training in the use of a dangerous weapon.''\8\
Federal law defines ``dangerous weapon'' as ``a weapon, device,
instrument, material, or substance, animate or inanimate, that
is used for, or is readily capable of, causing death or serious
bodily injury, except that such term does not include a
pocketknife with a blade of less than 2 1/2 inches in
length.''\9\ The Department indicated that the language means
that schools cannot use ESEA funds for programs that use such
equipment. Bipartisan Senate negotiators did not intend to
restrict use of ESEA funds on educational programming for
students using ``dangerous weapons,'' such as archery, hunting,
and culinary arts classes.
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\8\Bipartisan Safer Communities Act, Pub. L. No. 117-159,
Sec. 13401, 136 Stat. 1313, 1338 (2022).
\9\Id.; See 18 U.S.C. 930(g)(2).
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There is bipartisan support for clarifying that school and
extra-curricular programs for students that use equipment that
could be categorized as ``dangerous weapons,'' such as archery,
hunting, and culinary arts classes, are permissible use of ESEA
funds. As such, the Committee considered H.R. 5110 and reported
out the bill favorably with a unanimous vote.
CONCLUSION
It is important that students receive a well-rounded
education. Programs such as hunting, archery, culinary arts
courses, and other educational and enrichment programs can
provide such an education. These opportunities should continue
to remain available to students, and schools should be
permitted to use federal funds to support these classes. The
Protecting Hunting Heritage and Education Act will ensure that
schools have clarity that federal funds may continue to be used
for students to participate in such programs.
Summary
H.R. 5110, the Protecting Hunting Heritage and Education
Act, amends ESEA to clarify that the prohibition on the use of
ESEA funds for certain weapons does not apply to programs for
instruction or educational enrichment activities such as
archery, hunting, other shooting sports, or culinary arts.
H.R. 5110 SECTION-BY-SECTION SUMMARY
Section 1. Short title
Names the bill: ``Protecting Hunting
Heritage and Education Act''
Section 2--Clarification of prohibition on use of federal education
funds for certain weapons and related training
Amends section 8526(7) of ESEA to clarify
that the prohibition on the use of federal funds for
training in certain weapons does not apply to
activities carried out under programs authorized by
ESEA that are otherwise permissible and that provide
students with educational instruction or educational
enrichment activities, such as archery, hunting, other
shooting sports, or culinary arts.
EXPLANATION OF AMENDMENTS
The amendments, including the amendment in the nature of a
substitute, are explained in the body of this report.
APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
Section 102(b)3 of Public Law 104-1 requires a description
of the application of this bill to the legislative branch. H.R.
5110 amends ESEA to clarify that the prohibition on the use of
ESEA funds for certain weapons does not apply to programs for
instruction or educational enrichment activities such as
archery, hunting, other shooting sports, or culinary arts. H.R.
5110 is applicable only to recipients of ESEA funds and
therefore does not affect the legislative branch.
Unfunded Mandate Statement
Pursuant to Section 423 of the Congressional Budget and
Impoundment Control Act of 1974, Pub. L. No. 93-344 (as amended
by Section 101(a)(2) of the Unfunded Mandates Reform Act of
1995, Pub. L. No. 104-4), the Committee adopts as its own the
cost estimate prepared by the Director of the Congressional
Budget Office (CBO) pursuant to section 402 of the
Congressional Budget and Impoundment Control Act of 1974.
Earmark Statement
H.R. 5110 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
Roll Call Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee Report to include for
each record vote on a motion to report the measure or matter
and on any amendments offered to the measure or matter the
total number of votes for and against and the names of the
Members voting for and against.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Statement of General Performance Goals and Objectives
In accordance with clause (3)(c) of rule XIII of the Rules
of the House of Representatives, the goal of H.R. 5110 amends
ESEA to clarify that the prohibition on the use of ESEA funds
for certain weapons does not apply to programs for instruction
or educational enrichment activities such as archery, hunting,
other shooting sports, or culinary arts.
Duplication of Federal Programs
No provision of H.R. 5110 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the committee's oversight findings and recommendations are
reflected in the body of this report.
Required Committee Hearing and Related Hearings
In compliance with clause 3(c)(6) of rule XIII of the Rules
of the House of Representatives the following hearing held
during the 118th Congress was used to develop or consider H.R.
5110: on February 8, 2023, the Committee on Education and the
Workforce held a hearing on ``American Education in Crisis.''
New Budget Authority and CBO Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following estimate for H.R. 5110 from the Director of the
Congressional Budget Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 5110 would amend the Elementary and Secondary
Education Act of 1965 to allow schools to use federal education
funds to purchase or use dangerous weapons (as defined in law)
to train students in archery, hunting, other shooting sports,
or culinary arts. CBO estimates that the cost to the Department
of Education to implement the bill would be insignificant; any
spending would be subject to the availability of appropriated
funds.
The CBO staff contact for this estimate is Garrett
Quenneville. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Committee Cost Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison of the
costs that would be incurred in carrying out H.R. 5110.
However, clause 3(d)(2)(B) of that rule provides that this
requirement does not apply when, as with the present report,
the committee adopts as its own the cost estimate of the bill
being prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
* * * * * * *
TITLE VIII--GENERAL PROVISIONS
* * * * * * *
PART F--UNIFORM PROVISIONS
* * * * * * *
Subpart 2--Other Provisions
* * * * * * *
SEC. 8526. PROHIBITED USES OF FUNDS.
No funds under this Act may be used--
(1) for construction, renovation, or repair of any
school facility, except as authorized under this Act;
(2) for transportation unless otherwise authorized
under this Act;
(3) to develop or distribute materials, or operate
programs or courses of instruction directed at youth,
that are designed to promote or encourage sexual
activity, whether homosexual or heterosexual;
(4) to distribute or to aid in the distribution by
any organization of legally obscene materials to minors
on school grounds;
(5) to provide sex education or HIV-prevention
education in schools unless that instruction is age
appropriate and includes the health benefits of
abstinence;
(6) to operate a program of contraceptive
distribution in schools; or
(7) for the provision to any person of a dangerous
weapon, as defined in section 930(g)(2) of title 18,
United States Code, or training in the use of a
dangerous weapon, except that this paragraph shall not
apply to the use of funds under this Act for activities
carried out under programs authorized by this Act that
are otherwise permissible under such programs and that
provide students with educational instruction or
educational enrichment activities, such as archery,
hunting, other shooting sports, or culinary arts.
* * * * * * *
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