Securing Our Schools Act of 2023

Subjects: Education


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1082 Introduced in Senate (IS)]

&lt;DOC&gt;






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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