Securing Our Schools Act of 2023

II 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 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 ‘‘Securing Our Schools 4 Act of 2023’’. 5 SEC. 2. NONPROFIT SECURITY GRANT PROGRAM. 6 Section 2009 of the Homeland Security Act of 2002 7 (6 U.S.C. 609a) is amended— 8 (1) in subsection (e), by striking ‘‘2022 through 9 2028’’ and inserting ‘‘2023 through 2029’’; 10 VerDate Sep 11 2014 22:35 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1082.IS S1082 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1082 IS (2) by redesignating subsection (i) as subsection 1 (l); 2 (3) by inserting after subsection (h) the fol- 3 lowing: 4 ‘‘(i) FEEDBACK.— 5 ‘‘(1) IN GENERAL.—If the Administrator denies 6 an application for a grant under this section, not 7 later than 120 days after the date of the denial, the 8 Administrator shall— 9 ‘‘(A) notify the applicant; and 10 ‘‘(B) provide an explanation for the denial. 11 ‘‘(2) EXPLANATION.—An explanation described 12 in paragraph (1)(B) shall include information identi- 13 fying the reason for the denial of the application, in- 14 cluding— 15 ‘‘(A) any factors that led to a lower score 16 or rank compared to other applicants; and 17 ‘‘(B) an identification of any deficiencies in 18 the application. 19 ‘‘(j) ADMINISTRATIVE COSTS AND TECHNICAL AS- 20 SISTANCE.—A State through which the Administrator 21 makes a grant to an eligible nonprofit organization under 22 this section shall receive a 5-percent increase in the 23 amount of the grant— 24 ‘‘(1) for administrative costs; and 25 VerDate Sep 11 2014 22:35 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1082.IS S1082 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1082 IS ‘‘(2) to provide technical assistance to the eligi- 1 ble nonprofit organization. 2 ‘‘(k) APPLICATION UPDATE AND IMPROVEMENTS.— 3 ‘‘(1) PUBLIC MEETING.—Not later than 90 4 days after the date of enactment of the Securing 5 Our Schools Act of 2023, the Administrator shall 6 hold a public meeting to solicit recommendations on 7 updating the application process for a grant under 8 this section. 9 ‘‘(2) REPORT.—Not later than 180 days after 10 the date of enactment of the Securing Our Schools 11 Act of 2023, the Administrator shall— 12 ‘‘(A) develop recommendations to mod- 13 ernize and update the application process for a 14 grant under this section, which shall include 15 considerations for— 16 ‘‘(i) establishing a more streamlined 17 application process; 18 ‘‘(ii) establishing greater uniformity in 19 the application process among all appli- 20 cants and the guidance provided to States 21 through which the Administrator makes 22 grants to eligible nonprofit organizations 23 under this section; 24 VerDate Sep 11 2014 22:35 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1082.IS S1082 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1082 IS ‘‘(iii) ensuring that the application 1 template is compatible with the latest or 2 most widely used version of software pro- 3 grams; and 4 ‘‘(iv) coordinating with the Adminis- 5 trator of General Services to ensure that 6 applications submitted under this section 7 are compatible across online platforms of 8 the Federal Government; and 9 ‘‘(B) submit to the Committee on Home- 10 land Security and Governmental Affairs of the 11 Senate and the Committee on Homeland Secu- 12 rity of the House of Representatives a report 13 that includes— 14 ‘‘(i) the recommendations developed 15 under subparagraph (A); and 16 ‘‘(ii) a description of whether the rec- 17 ommendations developed under subpara- 18 graph (A) are consistent with feedback re- 19 ceived at the public meeting required under 20 paragraph (1). 21 ‘‘(3) IMPLEMENTATION OF RECOMMENDA- 22 TIONS.—Not later than 270 days after the date of 23 enactment of the Securing Our Schools Act of 2023, 24 VerDate Sep 11 2014 22:35 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1082.IS S1082 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1082 IS the Administrator shall implement the recommenda- 1 tions developed under paragraph (2)(A). 2 ‘‘(4) PAPERWORK REDUCTION ACT WAIVER.— 3 For the purpose of meeting the deadlines established 4 under this subsection, the Secretary may waive the 5 application of subchapter I of chapter 35 of title 44, 6 United States Code, to the requirements of this sub- 7 section.’’; and 8 (4) in subsection (l), as so redesignated— 9 (A) by amending paragraph (1) to read as 10 follows: 11 ‘‘(1) IN GENERAL.—There is authorized to be 12 appropriated for grants under this section— 13 ‘‘(A) $360,000,000 for fiscal year 2023, of 14 which— 15 ‘‘(i) $180,000,000 shall be for recipi- 16 ents in high-risk urban areas that receive 17 funding under section 2003; and 18 ‘‘(ii) $180,000,000 shall be for recipi- 19 ents in jurisdictions that do not so receive 20 such funding; and 21 ‘‘(B) $480,000,000 for each of fiscal years 22 2024 through 2029.’’; 23 (B) in paragraph (2), by striking ‘‘2028’’ 24 and inserting ‘‘2029’’; and 25 VerDate Sep 11 2014 22:35 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1082.IS S1082 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1082 IS (C) by adding at the end the following: 1 ‘‘(3) HIGH-RISK URBAN AREAS.—Of the 2 amounts made available to carry out this section for 3 each of fiscal years 2024 through 2029, not less 4 than 0.35 percent shall be for grants to eligible re- 5 cipients located in each high-risk urban area receiv- 6 ing grants under section 2003. 7 ‘‘(4) SALARIES AND EXPENSES.—Of the 8 amounts made available to carry out this section in 9 any fiscal year, the Administrator may transfer to 10 another account of the Federal Emergency Manage- 11 ment Agency not more than 3 percent for salaries 12 and administrative expenses, including any necessary 13 expenses to provide feedback or technical assistance 14 to applicants for a grant under this section in ac- 15 cordance with subsection (j).’’. 16 SEC. 3. SECURING SCHOOLS. 17 (a) IN GENERAL.— 18 (1) APPROPRIATION.—There are authorized to 19 be appropriated, and there are appropriated, to the 20 Secretary of Education to carry out subpart 1 of 21 part A of title IV of the Elementary and Secondary 22 Education Act of 1965 (20 U.S.C. 7111), 23 $2,560,000,000 for fiscal years 2024 through 2033. 24 VerDate Sep 11 2014 22:35 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1082.IS S1082 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1082 IS (2) SCHOOL SECURITY.—The Secretary of Edu- 1 cation shall use 50 percent of the funds appropriated 2 under paragraph (1) to carry out clause (v) of sec- 3 tion 4104(b)(3)(B) of the Elementary and Sec- 4 ondary Education Act of 1965 (20 U.S.C. 5 7114(b)(3)(B)). 6 (b) ELEMENTARY AND SECONDARY EDUCATION ACT 7 OF 1965.—Section 4104 of the Elementary and Secondary 8 Education Act of 1965 (20 U.S.C. 7114) is amended in 9 subsection (b)(3)(B)— 10 (1) in clause (iii), by striking ‘‘and’’ at the end; 11 and 12 (2) by inserting after clause (iv) the following: 13 ‘‘(v) improving school conditions for 14 student learning, by enabling local edu- 15 cational agencies to use funds available 16 under subsection (a)(3) for the purpose of 17 planning and designing school buildings 18 and facilities, installing infrastructure, and 19 implementing technology or other meas- 20 ures, that strengthen security on school 21 premises, which may include— 22 ‘‘(I) controlling access to school 23 premises or facilities, through the use 24 of metal detectors, or other measures, 25 VerDate Sep 11 2014 22:35 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1082.IS S1082 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1082 IS or technology, with evidence-based ef- 1 fectiveness (to the extent the State in- 2 volved determines that such evidence 3 is reasonably available), which may in- 4 clude— 5 ‘‘(aa) secured campus exter- 6 nal gate or locked doors or check- 7 in points; 8 ‘‘(bb) active shooter alert 9 systems; 10 ‘‘(cc) access control; 11 ‘‘(dd) internal door locks; 12 ‘‘(ee) peepholes for class- 13 room doors; 14 ‘‘(ff) school site alarm and 15 protection systems; 16 ‘‘(gg) metal detectors or x- 17 ray machines (including port- 18 able); 19 ‘‘(hh) door locking mecha- 20 nisms and access control doors; 21 ‘‘(ii) increased lighting on 22 school grounds; 23 ‘‘(jj) emergency call boxes; 24 ‘‘(kk) two-way radios; 25 VerDate Sep 11 2014 22:35 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1082.IS S1082 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 1082 IS ‘‘(ll) emergency alerts; 1 ‘‘(mm) surveillance cameras 2 or systems and infrastructure 3 (such as poles and wiring); 4 ‘‘(nn) software costs and 5 warranties; 6 ‘‘(oo) fencing and gating; 7 and 8 ‘‘(pp) emergency generators 9 to provide back-up power for 10 phone systems, critical lighting, 11 and essential outlets; 12 ‘‘(II) implementing any tech- 13 nology or measure, or installing any 14 infrastructure, to cover and conceal 15 students within the school during cri- 16 sis situations; 17 ‘‘(III) implementing technology 18 to provide coordination with law en- 19 forcement and notification to relevant 20 law enforcement and first responders 21 during such a situation, which shall 22 include— 23 ‘‘(aa) emergency planning 24 and preparation; 25 VerDate Sep 11 2014 22:35 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1082.IS S1082 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 1082 IS ‘‘(bb) emphasis on a school 1 safety plan with buy in from all 2 elements of the school commu- 3 nity, including board members, 4 employees, students, parents, law 5 enforcers, government and busi- 6 ness leaders, the media, and local 7 residents; 8 ‘‘(cc) school implementation 9 of threat assessment programs; 10 ‘‘(dd) development of dis- 11 trict-based mandatory incident 12 reporting systems; 13 ‘‘(ee) establishment of local 14 school safety advisory groups (in- 15 cluding parents, families, judges, 16 first responders, health and 17 human service professionals, and 18 mental health professionals); 19 ‘‘(ff) evidence-based training 20 for school resource officers, 21 school personnel, and students to 22 prevent student violence to enable 23 them to recognize and quickly re- 24 spond to warning signs; 25 VerDate Sep 11 2014 22:35 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1082.IS S1082 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 1082 IS ‘‘(gg) development and oper- 1 ations of anonymous reporting 2 systems; 3 ‘‘(hh) evidence-based school 4 threat assessment and crisis 5 intervention teams; 6 ‘‘(ii) programs to facilitate 7 coordination with local law en- 8 forcement; 9 ‘‘(jj) liability and insurance 10 for school districts; 11 ‘‘(kk) trauma-informed 12 training for school staff on re- 13 sponses to active shooter situa- 14 tions; and 15 ‘‘(ll) community engagement 16 for planning and implementing 17 safety policies and procedures; 18 ‘‘(IV) implementing any tech- 19 nology or measure, including hiring 20 school security officers, or installing 21 any infrastructure, with evidence- 22 based effectiveness (to the extent the 23 State involved determines that such 24 evidence is reasonably available) to in- 25 VerDate Sep 11 2014 22:35 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1082.IS S1082 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 1082 IS crease the safety of school students 1 and staff; 2 ‘‘(V) implementing any tech- 3 nology or measure, or installing any 4 infrastructure, for school safety rein- 5 forcement, including bullet-resistant 6 doors and windows; and 7 ‘‘(VI) implementing any tech- 8 nology or system that would reduce 9 the time needed to disseminate official 10 information to parents regarding the 11 safety of their children during and im- 12 mediately following a crisis;’’. 13 SEC. 4. IMPROVING SCHOOL SECURITY THROUGH THE 14 COPS ON THE BEAT PROGRAM. 15 Section 1701(b) of title I of the Omnibus Crime Con- 16 trol and Safe Streets Act of 1968 (34 U.S.C. 10381(b)) 17 is amended— 18 (1) in paragraph (22), by striking ‘‘and’’ at the 19 end; 20 (2) in paragraph (23), by striking the period at 21 the end and inserting a semicolon; and 22 (3) by adding at the end the following: 23 ‘‘(24) to pay salaries and expenses of school re- 24 source officers at public, charter, and private ele- 25 VerDate Sep 11 2014 22:35 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1082.IS S1082 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •S 1082 IS mentary schools and secondary schools (as such 1 terms are defined under section 8101 of the Elemen- 2 tary and Secondary Education Act of 1965 (20 3 U.S.C. 7801)); and 4 ‘‘(25) to improve physical school security at 5 public, charter, and private elementary schools and 6 secondary schools (as such terms are defined under 7 section 8101 of the Elementary and Secondary Edu- 8 cation Act of 1965 (20 U.S.C. 7801)) by obtaining 9 security equipment to protect students in schools 10 and equip law enforcement officers responding to 11 school security issues and installing physical struc- 12 ture improvements, including— 13 ‘‘(A) fencing, external gates, door locks, 14 and check-in points, to establish a secured cam- 15 pus; 16 ‘‘(B) active shooter alert systems; 17 ‘‘(C) access controls; 18 ‘‘(D) internal door locks; 19 ‘‘(E) school site alarm and protection sys- 20 tems; 21 ‘‘(F) metal detector or x-ray machines (in- 22 cluding portable machines); 23 ‘‘(G) ballistic safety equipment for schools 24 and responding law enforcement officers; 25 VerDate Sep 11 2014 22:35 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1082.IS S1082 pbinns on DSKJLVW7X2PROD with $$_JOB 14 •S 1082 IS ‘‘(H) increased lighting on school grounds; 1 ‘‘(I) emergency call boxes; 2 ‘‘(J) two-way radios; 3 ‘‘(K) emergency alert systems; 4 ‘‘(L) surveillance cameras or systems, in- 5 cluding infrastructure for such systems such as 6 poles and wiring; 7 ‘‘(M) software costs and warranties; and 8 ‘‘(N) emergency generators to provide 9 back-up power for phone systems, critical light- 10 ing, and essential outlets.’’. 11 SEC. 5. STUDENT MENTAL HEALTH. 12 (a) STUDENT ACCESS TO MENTAL [Text truncated for display. Full text available on Congress.gov.]