I 116TH CONGRESS 1ST SESSION H. R. 3665 To establish a grant program to encourage schools to conduct independent facility security risk assessments and make hard security improvements, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 10, 2019 Mr. WILLIAMS (for himself and Mr. DEUTCH) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish a grant program to encourage schools to conduct independent facility security risk assessments and make hard security improvements, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘School Violence Pre- 4 vention and Mitigation Act of 2019’’. 5 SEC. 2. SCHOOL SECURITY GRANT. 6 The Omnibus Crime Control and Safe Streets Act of 7 1968 is amended by inserting after part BB the following: 8 VerDate Sep 11 2014 21:16 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3665.IH H3665 jspears on DSK30JT082PROD with BILLS 2 •HR 3665 IH ‘‘PART CC—RISK ASSESSMENT AND HARD 1 SECURITY GRANT 2 ‘‘SEC. 2901. INDEPENDENT FACILITY SECURITY RISK AS- 3 SESSMENTS. 4 ‘‘(a) IN GENERAL.—Beginning not later than 180 5 days after the date of enactment of this part, the Director 6 of the Office of Community Oriented Policing Services (re- 7 ferred to in this part as the ‘COPS Director’) shall award 8 grants to public schools to have independent facility secu- 9 rity risk assessments performed. 10 ‘‘(b) APPLICATION.— 11 ‘‘(1) IN GENERAL.—To be eligible to receive a 12 grant under this section, a public school shall submit 13 to the COPS Director an application at such time, 14 in such manner, and containing such information as 15 the COPS Director may require, including— 16 ‘‘(A) the size of the school; 17 ‘‘(B) a comprehensive report on the finan- 18 cial state of the school, including any Federal, 19 State, or local funds used in the school’s budg- 20 et; and 21 ‘‘(C) a certification to the Attorney Gen- 22 eral that the school is unable to cover the cost 23 of an independent facility security risk assess- 24 ment without the grant awarded under this sec- 25 tion. 26 VerDate Sep 11 2014 21:16 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3665.IH H3665 jspears on DSK30JT082PROD with BILLS 3 •HR 3665 IH ‘‘(2) PRIORITY.—The COPS Director, in 1 awarding a grant under this section, shall give pri- 2 ority to applications of public schools that have expe- 3 rienced an event in which an individual inflicts dead- 4 ly harm or attempts to inflict deadly harm against 5 multiple individuals. 6 ‘‘(c) INELIGIBILITY.— 7 ‘‘(1) IN GENERAL.—A public school shall be in- 8 eligible to receive a grant under this section if it— 9 ‘‘(A) received a grant under this section or 10 section 2902 in the previous 5 fiscal years; or 11 ‘‘(B) receives a grant under section 2902 12 in the same fiscal year. 13 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 14 (1), in the case that a grant recipient experiences an 15 event in which an individual inflicts deadly harm or 16 attempts to inflict deadly harm against multiple in- 17 dividuals, such grant recipient shall be eligible to re- 18 ceive an additional grant under this section or sec- 19 tion 2902 in the fiscal year after the date of the 20 event. 21 ‘‘SEC. 2902. HARD SECURITY IMPROVEMENTS. 22 ‘‘(a) IN GENERAL.—Beginning not later than 180 23 days after the date of enactment of this part, the COPS 24 VerDate Sep 11 2014 21:16 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3665.IH H3665 jspears on DSK30JT082PROD with BILLS 4 •HR 3665 IH Director shall award grants to public schools for the pur- 1 pose of making hard security improvements to schools. 2 ‘‘(b) APPLICATION.— 3 ‘‘(1) IN GENERAL.—To be eligible to receive a 4 grant under this section, a public school shall submit 5 to the COPS Director an application at such time, 6 in such manner, and containing such information as 7 the COPS Director may require, which application 8 shall include— 9 ‘‘(A) the size of the school; 10 ‘‘(B) a comprehensive report on the finan- 11 cial state of the school, including any Federal, 12 State, or local funds used in the school’s budg- 13 et; 14 ‘‘(C) a comprehensive description of pre- 15 vious improvements made to the school meant 16 to address school security related vulnerabili- 17 ties; 18 ‘‘(D) the specific products and services 19 that will be purchased with the grant funds and 20 an estimate of such costs and services; and 21 ‘‘(E) the results of the school’s most recent 22 independent facility security risk assessment. 23 VerDate Sep 11 2014 21:16 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3665.IH H3665 jspears on DSK30JT082PROD with BILLS 5 •HR 3665 IH ‘‘(2) PRIORITY.—The COPS Director, in 1 awarding a grant under this section, shall give pri- 2 ority to applications of schools that— 3 ‘‘(A) have experienced an event in which 4 an individual inflicts deadly harm or attempts 5 to inflict deadly harm against multiple individ- 6 uals; or 7 ‘‘(B) have a higher tier of vulnerability 8 score according to a school’s most recent inde- 9 pendent facility security risk assessment. 10 ‘‘(c) INELIGIBILITY.— 11 ‘‘(1) IN GENERAL.—A public school shall be in- 12 eligible to receive a grant under this section if— 13 ‘‘(A) a public school received a grant under 14 this section in the previous 5 fiscal years; or 15 ‘‘(B) a public school receives a grant under 16 section 2901 in the same fiscal year. 17 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 18 (1), in the case that a grant recipient experiences an 19 event in which an individual inflicts deadly harm or 20 attempts to inflict deadly harm against multiple in- 21 dividuals, such grant recipient shall be eligible to re- 22 ceive an additional grant under this section or sec- 23 tion 2901 in any fiscal year after the date on which 24 the event occurred. 25 VerDate Sep 11 2014 21:16 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3665.IH H3665 jspears on DSK30JT082PROD with BILLS 6 •HR 3665 IH ‘‘(d) MATCHING FUNDS.— 1 ‘‘(1) IN GENERAL.—The Federal share of a 2 grant received under this part may not exceed 50 3 percent of the hard security improvement costs. 4 ‘‘(2) WAIVER.—The COPS Director may waive 5 in whole or in part, the matching requirement under 6 paragraph (1) in the case that the recipient has a 7 financial need for such waiver. 8 ‘‘(e) GRANT CONDITIONS.—A recipient of a grant 9 under this section shall— 10 ‘‘(1) use the grant to make hard security im- 11 provements identified as necessary by the most re- 12 cent independent facility security risk assessment; 13 ‘‘(2) in the case that a panic alarm is not in- 14 stalled or operable according to the independent fa- 15 cility risk assessment, use the grant for the installa- 16 tion of at least 1 panic alarm for use in a school se- 17 curity emergency, including a non-fire evacuation, 18 lockdown, or active shooter situation, which alarm— 19 ‘‘(A) shall be directly linked to the local 20 law enforcement agency that is closest in prox- 21 imity to the grant recipient; 22 ‘‘(B) shall immediately transmit a signal 23 or message to such law enforcement agency 24 upon activation; and 25 VerDate Sep 11 2014 21:16 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3665.IH H3665 jspears on DSK30JT082PROD with BILLS 7 •HR 3665 IH ‘‘(C) shall not be audible within the public 1 school building; 2 ‘‘(3) before entering into a contract with a ven- 3 dor, obtain written confirmation from the law en- 4 forcement agency or entity that conducted the inde- 5 pendent facility security risk assessment that the im- 6 provement will mitigate a vulnerability identified in 7 the independent facility security risk assessment; 8 and 9 ‘‘(4) ensure that hard security improvements 10 comply with local building code requirements and 11 standards. 12 ‘‘SEC. 2903. INFORMATION DISSEMINATION; REPORTS. 13 ‘‘(a) INFORMATION DISSEMINATION.— 14 ‘‘(1) IN GENERAL.—The COPS Director shall 15 disseminate to each local educational agency in the 16 United States information about the availability of 17 grants under sections 2901 and 2902. 18 ‘‘(2) EVENT NOTICE.—Not later than 30 days 19 after an event in which an individual inflicts deadly 20 harm or attempts to inflict deadly harm against 21 multiple individuals occurs in a public school, the 22 Director shall contact verbally the head of such pub- 23 lic school to provide notice of priority eligibility for 24 grants under sections 2901 and 2902 and to offer 25 VerDate Sep 11 2014 21:16 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3665.IH H3665 jspears on DSK30JT082PROD with BILLS 8 •HR 3665 IH technical assistance in navigating the application 1 process. 2 ‘‘(b) GRANT RECIPIENT REPORT.—Not later than 1 3 year after receiving a grant under section 2901 or 2902, 4 the grant recipient shall submit to the COPS Director a 5 copy of the results of each independent facility security 6 risk assessment and a list of each hard improvement for 7 which the grant funds were used by the recipient. 8 ‘‘(c) COPS DIRECTOR REPORT.—Not later than 2 9 years after the date of enactment of this part, and annu- 10 ally thereafter, the COPS Director shall submit to the ap- 11 propriate congressional committees a report on the na- 12 tional state of physical security in schools, which shall in- 13 clude the contents of any information submitted by a 14 grant recipient under subsection (b). 15 ‘‘SEC. 2904. TIERS OF VULNERABILITY. 16 ‘‘(a) IN GENERAL.—The COPS Director, in consulta- 17 tion with school safety experts, including school resource 18 officers, shall issue guidelines implementing this part. 19 Such guidelines shall include a 4-tier scale for assessing 20 security vulnerabilities of schools in independent facility 21 security risk assessments. In the 4-tier scale developed 22 under this subsection, tier 4 shall indicate the highest level 23 of vulnerability. 24 VerDate Sep 11 2014 21:16 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3665.IH H3665 jspears on DSK30JT082PROD with BILLS 9 •HR 3665 IH ‘‘(b) FACTORS.—The factors to be considered in de- 1 termining a school facility’s level of vulnerability include— 2 ‘‘(1) the amount of violence occurring on cam- 3 pus involving deadly weapons, including knives 4 longer than 3 inches, firearms, and explosives; 5 ‘‘(2) the number of trespassers who have gained 6 access to campus in the last 3 years; 7 ‘‘(3) the ability of a school to carry out an ac- 8 tive shooter drill; and 9 ‘‘(4) the state of existing school security related 10 infrastructure. 11 ‘‘SEC. 2905. DEFINITIONS. 12 ‘‘In this part: 13 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- 14 TEES.—The term ‘appropriate congressional com- 15 mittees’ means the Committee on the Judiciary and 16 the Committee on Education and Labor of the 17 House of Representatives and the Committee on the 18 Judiciary and the Committee on Health, Education, 19 Labor, and Pensions of the Senate. 20 ‘‘(2) HARD SECURITY IMPROVEMENTS.—The 21 term ‘hard security improvements’ means improve- 22 ments to the infrastructure of school property perim- 23 eter, parking lot perimeter, building perimeter, en- 24 trance and exit points of the school building, video 25 VerDate Sep 11 2014 21:16 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3665.IH H3665 jspears on DSK30JT082PROD with BILLS 10 •HR 3665 IH monitoring equipment, alert notification equipment, 1 the interior and perimeter of the classroom, and any 2 other physical improvements related to camera sys- 3 tems and related hardware, alarm and notification 4 technology, and visitor management technologies 5 deemed eligible for improvement by the COPS Di- 6 rector. 7 ‘‘(3) INDEPENDENT FACILITY SECURITY RISK 8 ASSESSMENT.—The term ‘independent facility secu- 9 rity risk assessment’ means an assessment that— 10 ‘‘(A) identifies active shooter and related 11 security vulnerabilities of public schools, consid- 12 ering security factors, including the strength 13 and maintenance levels of the property perim- 14 eter, parking lot perimeter, building perimeter, 15 and classroom and interior perimeter, and the 16 presence of a silent security system signal gen- 17 erated by the manual activation of a device in- 18 tended to signal a life-threatening or emergency 19 situation requiring a response from law enforce- 20 ment; 21 ‘‘(B) is conducted by— 22 ‘‘(i) an individual or entity qualified 23 under the Department of Homeland Secu- 24 VerDate Sep 11 2014 21:16 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3665.IH H3665 jspears on DSK30JT082PROD with BILLS 11 •HR 3665 IH rity Protective Security Advisor Program; 1 or 2 ‘‘(ii) a State or Federal law enforce- 3 ment agency; and 4 ‘‘(C) categorizes the security needs of a fa- 5 cility using the 4 tiers developed by the COPS 6 Director pursuant to section 2904. 7 ‘‘(4) PUBLIC SCHOOL.—The term ‘public 8 school’ means a public elementary school or a public 9 secondary school, including an elementary school or 10 a secondary school that is predominately funded by 11 an Indian tribal government. 12 ‘‘SEC. 2906. AUTHORIZATION OF APPROPRIATIONS. 13 ‘‘There is authorized to be appropriated to carry out 14 this part $200,000,000 for each of fiscal years 2020 15 through 2030, of which— 16 ‘‘(1) $75,000,000 shall be made available for 17 grants for independent facility security risk assess- 18 ment; and 19 ‘‘(2) $125,000,000 shall be made available for 20 grants for hard security improvements.’’. 21 Æ VerDate Sep 11 2014 21:16 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H3665.IH H3665 jspears on DSK30JT082PROD with BILLS