School Shooting Safety and Preparedness Act

IB Union Calendar No. 584 116TH CONGRESS 2D SESSION H. R. 4301 [Report No. 116–701] To require the Secretary of Education, in consultation with the Attorney General and the Secretary of Health and Human Services, to publish an annual report on indicators of school crime and safety that includes data on school shootings, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 12, 2019 Ms. GABBARD (for herself, Mrs. MCBATH, and Mrs. HAYES) introduced the following bill; which was referred to the Committee on Education and Labor DECEMBER 28, 2020 Additional sponsors: Mr. TRONE, Mr. DESAULNIER, Mr. SABLAN, Mr. TAKANO, Ms. SEWELL of Alabama, Mr. MORELLE, Ms. WILSON of Flor- ida, Mr. SUOZZI, Mrs. TRAHAN, Mr. DANNY K. DAVIS of Illinois, Ms. NORTON, Mr. KRISHNAMOORTHI, Mr. SCHRADER, Mr. LEVIN of Michi- gan, Ms. UNDERWOOD, Ms. JAYAPAL, Mr. GREEN of Texas, Ms. GARCIA of Texas, Mrs. LEE of Nevada, Ms. OMAR, Ms. BONAMICI, Mr. LARSON of Connecticut, Mr. CUELLAR, Mr. SOTO, Mr. HASTINGS, Ms. ESHOO, Ms. SCHAKOWSKY, Mrs. KIRKPATRICK, Ms. ROYBAL-ALLARD, Mrs. LURIA, Mrs. DINGELL, Ms. MATSUI, Ms. MENG, Mr. DEFAZIO, Mr. KHANNA, Mr. SHERMAN, Mr. CICILLINE, Mrs. DAVIS of California, Mr. COURTNEY, Mr. NORCROSS, Ms. WILD, Ms. ADAMS, Mr. GRIJALVA, Ms. STEVENS, Mr. THOMPSON of Mississippi, Ms. SHALALA, Mr. BLU- MENAUER, Ms. LOFGREN, Mr. RUSH, Mr. CARSON of Indiana, and Mr. RASKIN DECEMBER 28, 2020 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on September 12, 2019] VerDate Sep 11 2014 21:14 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4301.RH H4301 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4301 RH A BILL To require the Secretary of Education, in consultation with the Attorney General and the Secretary of Health and Human Services, to publish an annual report on indica- tors of school crime and safety that includes data on school shootings, and for other purposes. VerDate Sep 11 2014 21:14 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H4301.RH H4301 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4301 RH 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 Shooting Safety 4 and Preparedness Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) TITLE 18 DEFINITIONS.—The terms ‘‘fire- 8 arm’’ and ‘‘ammunition’’ have the meanings given 9 such terms in section 921 of title 18, United States 10 Code. The term ‘‘large capacity ammunition feeding 11 device’’ has the meaning given such term in section 12 921 of title 18, Unites States Code, as in effect on 13 September 1, 2004. 14 (2) MASS SHOOTING.—The term ‘‘mass shooting’’ 15 means a shooting during which three or more individ- 16 uals, not including the shooter, were injured or killed 17 in one location or in multiple locations in close prox- 18 imity. 19 (3) SCHOOL.—The term ‘‘school’’ means— 20 (A) an early childhood education program 21 (as defined in section 103 of the Higher Edu- 22 cation Act of 1965 (20 U.S.C. 1003)); 23 VerDate Sep 11 2014 21:14 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H4301.RH H4301 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4301 RH (B) an elementary school (as defined in sec- 1 tion 8101 of the Elementary and Secondary 2 Education Act of 1965 (20 U.S.C. 7801)); 3 (C) a secondary school (as defined in sec- 4 tion 8101 of the Elementary and Secondary 5 Education Act of 1965 (20 U.S.C. 7801)); and 6 (D) an institution of higher education (as 7 defined in section 102 of the Higher Education 8 Act of 1965 (20 U.S.C. 1002)). 9 (4) SCHOOL SHOOTING.—The term ‘‘school shoot- 10 ing’’— 11 (A) means an event or occurrence— 12 (i) during which one or more individ- 13 uals were injured or killed by a firearm; 14 and 15 (ii) that occurred— 16 (I) in, or on the grounds of, a 17 school, even if before or after school 18 hours; 19 (II) while the victim was trav- 20 eling to or from a regular session at 21 school; or 22 (III) while the victim was attend- 23 ing or traveling to or from an official 24 school sponsored event; and 25 VerDate Sep 11 2014 21:14 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H4301.RH H4301 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4301 RH (B) does not include an accidental shooting. 1 SEC. 3. ANNUAL REPORT ON INDICATORS OF SCHOOL 2 CRIME AND SAFETY. 3 (a) IN GENERAL.—The Secretary of Education, in 4 consultation with the Attorney General and the Secretary 5 of Health and Human Services, shall publish not less fre- 6 quently than on an annual basis a report on indicators of 7 school crime and safety. Such report shall be produced by 8 the National Center for Education Statistics of the Depart- 9 ment of Education in consultation with the Bureau of Jus- 10 tice Statistics of the Department of Justice. Such report 11 shall include, at a minimum, an updated version of the in- 12 formation provided in the National Center for Education 13 Statistics report NCES 2019–047 issued in April 2019, and 14 the data described in subsections (b) and (d). 15 (b) STATISTICS ON SCHOOL SHOOTINGS.—In col- 16 lecting data on school shootings to be compiled in the an- 17 nual report described in subsection (a), the National Center 18 for Education Statistics shall collect at a minimum the fol- 19 lowing data annually: 20 (1) The number of school shootings that have 21 taken place nationwide. 22 (2) Of the school shootings described in para- 23 graph (1), the number that were mass shootings. 24 VerDate Sep 11 2014 21:14 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H4301.RH H4301 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4301 RH (3) Of the school shootings described in para- 1 graph (1), the number that were suicides. 2 (4) The number of people killed in each school 3 shooting, including— 4 (A) the number of people whose cause of 5 death was attributable to wound by firearm; and 6 (B) the number of people having some other 7 cause of death. 8 (5) The number of people injured in each school 9 shooting, including— 10 (A) the number of people wounded by fire- 11 arm; and 12 (B) the number of people injured in some 13 other manner. 14 (6) The time of the shooting and whether it oc- 15 curred during school hours. 16 (7) The demographics of each school, including— 17 (A) the locale code of the school, as deter- 18 mined by the Secretary of Education; and 19 (B) student demographic data disaggregated 20 by— 21 (i) economically disadvantaged stu- 22 dents as compared to students who are not 23 economically disadvantaged; 24 VerDate Sep 11 2014 21:14 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H4301.RH H4301 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4301 RH (ii) each major racial and ethnic 1 group; 2 (iii) children with disabilities as com- 3 pared to children without disabilities; and 4 (iv) English proficiency status. 5 (8) The personal characteristics of each victim in 6 the shooting, including, at a minimum, the victim’s— 7 (A) age; 8 (B) gender; 9 (C) race; 10 (D) ethnicity; and 11 (E) nationality. 12 (9) The personal characteristics of the shooter, 13 including, at a minimum the shooter’s— 14 (A) age; 15 (B) gender; 16 (C) race; 17 (D) ethnicity; 18 (E) nationality; and 19 (F) relationship to the school. 20 (10) The motivation of the shooter, including 21 any real or perceived bias based on race, religion, eth- 22 nicity, nationality, or sex (including sexual orienta- 23 tion or gender identity). 24 (11) How the shooting was stopped, including— 25 VerDate Sep 11 2014 21:14 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H4301.RH H4301 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 4301 RH (A) whether the shooter was injured or 1 killed, and if so, by whom; and 2 (B) if not, what was the other outcome of 3 the incident (such as escape, arrest, or suicide). 4 (12) The number and type of firearms and am- 5 munition that were used in each shooting, includ- 6 ing— 7 (A) the make and model of the firearm; 8 (B) the manufacturer of the firearm; 9 (C) the make and model of the ammunition; 10 (D) the manufacturer of the ammunition; 11 (E) whether a large capacity ammunition 12 feeding device was present at the scene or used 13 during the shooting; and 14 (F) the number of rounds of ammunition 15 fired by the shooter over the course of the shoot- 16 ing. 17 (13) Where each of the firearms used in each 18 shooting was obtained and how, including— 19 (A) whether the firearm was registered; and 20 (B) whether the firearm was purchased 21 from a licensed gun dealer or an unlicensed sale. 22 (14) If the original purchaser was not the shoot- 23 er, what was, if any, the original purchaser’s rela- 24 tionship to the shooter. 25 VerDate Sep 11 2014 21:14 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H4301.RH H4301 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 4301 RH (15) If the original purchaser was not the shooter 1 and the firearm was obtained from the shooter’s home, 2 the gun storage practices being used in the home, and 3 whether the gun owner was charged with failing to 4 properly secure his or her firearm. 5 (16) Whether the school had one or more teach- 6 ers, as that term is defined in section 8553 of the Ele- 7 mentary and Secondary Education Act of 1965 (20 8 U.S.C. 7943), who were armed, and if so, whether 9 such armed teacher or teachers stopped the incident 10 by shooting the shooter. 11 (17) How long did the shooting last (the approx- 12 imate elapsed time between the first and last shots 13 fired). 14 (18) What was the response time of law enforce- 15 ment. 16 (c) HISTORIC STATISTICS ON SCHOOL SHOOTINGS.— 17 The Secretary of Education shall direct the National Center 18 for Education Statistics— 19 (1) to collect, to the extent practicable, the data 20 required in subsection (b) for shootings that occurred 21 before the date of the enactment of this Act; and 22 (2) to publish such data as revisions to the most 23 applicable annual reports on indicators of school 24 crime and safety issued by the National Center for 25 VerDate Sep 11 2014 21:14 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H4301.RH H4301 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 4301 RH Education Statistics before the date of the enactment 1 of this Act. 2 (d) SAFETY AND PREVENTION.—In collecting data on 3 school shootings to be compiled in the annual report de- 4 scribed in subsection (a), the National Center for Education 5 Statistics shall collect, at a minimum, information on the 6 existence or absence of the following measures at the time 7 of the shooting at schools where a school shooting occurred 8 in the previous year: 9 (1) Physical security measures, including— 10 (A) building envelopes and interiors de- 11 signed to protect occupants from human threats; 12 and 13 (B) other physical security measures de- 14 signed to avert and restrict violence. 15 (2) Other types of security measures, including 16 measures designed to preserve open learning environ- 17 ments that positively influence student behavior. 18 (3) A communication plan with local law en- 19 forcement. 20 (4) A response plan that includes coordination 21 with local agencies (law enforcement, fire department, 22 hospitals, etc). 23 VerDate Sep 11 2014 21:14 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H4301.RH H4301 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 4301 RH (5) An active shooter response plan (including 1 the use of an alert system to notify students, faculty, 2 and parents or guardians). 3 (6) Any other similar type of safety or preven- 4 tion measure in place at the time of the school shoot- 5 ing. 6 (e) RULE OF CONSTRUCTION.—In collecting data on 7 school shootings to be compiled in the annual report de- 8 scribed in subsection (a), any data disaggregation required 9 by subsection (b) shall not be required in the case where 10 such disaggregation would reveal personally identifiable in- 11 formation about any individual. 12 VerDate Sep 11 2014 21:14 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H4301.RH H4301 pamtmann on DSKBC07HB2PROD with BILLS Union Calendar No. 584 116TH CONGRESS 2D SESSION H. R. 4301 [Report No. 116–701] A BILL To require the Secretary of Education, in consulta- tion with the Attorney General and the Secretary of Health and Human Services, to publish an an- nual report on indicators of school crime and safety that includes data on school shootings, and for other purposes. DECEMBER 28, 2020 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed VerDate Sep 11 2014 21:14 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\H4301.RH H4301 pamtmann on DSKBC07HB2PROD with BILLS