TEACH Act of 2023

Subjects: Education


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2991 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2991

   To eliminate the prohibition on training teachers with effective 
                defensive tools, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2023

Mr. Ogles (for himself, Mr. Gosar, Mr. Nehls, Mr. Jackson of Texas, Mr. 
 Cloud, Mrs. Boebert, Mr. Biggs, Mr. Mooney, Mr. Moore of Alabama, Mr. 
Amodei, Ms. Greene of Georgia, and Mr. Clyde) introduced the following 
    bill; which was referred to the Committee on Education and the 
  Workforce, and in addition to the Committee on the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To eliminate the prohibition on training teachers with effective 
                defensive tools, and for other purposes.

    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 ``Teachers Empowered Against 
Classroom Harm Act of 2023'' or the ``TEACH Act of 2023''.

SEC. 2. ELIMINATING BARRIERS BETWEEN WILLING SCHOOL STAFF AND THEIR 
              RIGHT TO DEFEND THEIR STUDENTS.

    (a) Eliminating Prohibition on Training Teachers With Effective 
Defensive Tools.--Section 8526 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7906) is amended--
            (1) in paragraph (5), by inserting ``or'' after the 
        semicolon;
            (2) in paragraph (6), by striking ``; or'' at the end and 
        inserting a period; and
            (3) by striking paragraph (7).
    (b) Prioritizing Funding for Schools That Protect Students.--
            (1) Prohibition.--
                    (A) In general.--The Secretary of Education may not 
                disburse to or obligate any funds for any State, local 
                government, or eligible entity (as defined in section 
                3) that restricts the possession of firearms in excess 
                of section 922(q) of title 18, United States Code, 
                within school zones as defined in section 921(a)(26) of 
                such title.
                    (B) Definitions.--In this paragraph:
                            (i) Local government.--The term ``local 
                        government'' means any county, parish, city, 
                        town, township, village or other general 
                        purpose political subdivision of a State with 
                        the power to levy taxes and expend Federal, 
                        State, and local funds and exercise 
                        governmental powers.
                            (ii) State.--The term ``State'' means each 
                        of the 50 States and the District of Columbia.
            (2) Conforming amendment.--Section 922(q) of title 18, 
        United States Code, is amended by striking paragraph (4).
    (c) Respecting the Right to Constitutionally Carry a Firearm as 
Protected by a Majority of These United States.--Section 922(q)(2)(B) 
of title 18, United States Code, is amended--
            (1) by redesignating clauses (iii) through (vii) as clauses 
        (iv) through (vii), respectively; and
            (2) by inserting after clause (ii) the following:
            ``(iii) if the individual possessing the firearm is 
        otherwise eligible or entitled to carry a firearm under the 
        laws of the State in which the school zone is located;''.

SEC. 3. HELPING WILLING STAFF AND SCHOOLS DEFEND STUDENTS FROM ARMED 
              INTRUDERS.

    (a) Grants for School Safety.--Notwithstanding section 4103(a)(3) 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7113(a)(3)) or any other provision of law, using the total amount of 
the funds reserved under such section 4103(a)(3) for a fiscal year, the 
Secretary of Education shall award grants, on a competitive basis, to 
eligible entities to enable such eligible entities to participate in 
defensive training programs designed to protect elementary schools and 
secondary schools from armed intruders, including covering the cost 
of--
            (1) instructor and program fees;
            (2) training supplies; and
            (3) educational materials.
    (b) Applications.--
            (1) Announcement.--Not later than October 1, 2023, or 120 
        days after the date of enactment of this Act, whichever occurs 
        later, the Secretary of Education shall announce an application 
        process for grant funding under this section.
            (2) Priority.--In approving grant applications under this 
        section, the Secretary shall give priority to eligible entities 
        with a commitment to protecting the right to keep and bear arms 
        for self-defense as protected by the Second Amendment to the 
        Constitution and affirmed by the Supreme Court's rulings in 
        District of Columbia v. Heller and NYSRPA v. Bruen.
            (3) Requirement.--
                    (A) In general.--For each fiscal year for which the 
                Secretary reserves funds under section 4103(a)(3) of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7113(a)(3)), the Secretary shall fully obligate 
                such funds by awarding grants to eligible entities 
                under this section in such fiscal year, except that the 
                funds reserved under such section 4103(a)(3) for the 
                first fiscal year that begins after the date of 
                enactment of this Act may be so fully obligated by not 
                later than the end of fiscal year that follows such 
                first fiscal year.
                    (B) Hiring freeze.--
                            (i) In general.--Subject to clause (ii), if 
                        the Secretary fails to comply with the 
                        requirements of subparagraph (A) for a fiscal 
                        year, beginning on October 1 of the succeeding 
                        fiscal year--
                                    (I) no individual may be appointed 
                                to any position within the Department 
                                of Education;
                                    (II) no new position may be 
                                established at the Department;
                                    (III) no officer or employee of the 
                                Department may be assigned any duties 
                                not assigned to that employee in the 
                                preceding fiscal year; and
                                    (IV) no officer or employee of the 
                                Department may be transferred to a duty 
                                station other than the duty station 
                                applicable to such officer or employee 
                                in the preceding fiscal year.
                            (ii) Exception for first year.--In a case 
                        in which the Secretary fails to comply with the 
                        requirements of subparagraph (A) in the first 
                        fiscal year that begins after the date of 
                        enactment of this Act, the hiring freeze 
                        described in subclauses (I) through (IV) of 
                        clause (i) shall take effect beginning on 
                        October 1 of the second succeeding fiscal year.
    (c) Termination of Hiring Freeze.--Any hiring freeze described in 
subclauses (I) through (IV) of subsection (b)(3)(B)(i) for a fiscal 
year shall be terminated on the date on which the Secretary of 
Education notifies the Committee on Education and the Workforce of the 
House of Representatives and the Committee on Health, Education, Labor, 
and Pensions of the Senate that any unobligated funds that have been 
reserved under section 4103(a)(3) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7113(a)(3)) for the preceding fiscal 
year have been awarded under this section to eligible entities.
    (d) Reporting Requirements.--
            (1) Report.--On the day when the Secretary establishes an 
        announcement of a grant application process under subsection 
        (b)(1), the Secretary of Education shall submit to the 
        Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate an accompanying report on the 
        efforts of the Department of Education to--
                    (A) create a streamlined grant application process 
                under this section; and
                    (B) request the minimum amount of information from 
                grant applicants.
            (2) Annual report.--The Secretary shall submit to the 
        Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate a report, on an annual basis, on the 
        following:
                    (A) The average amount of time between when a grant 
                applicant submits an application under this section and 
                the disbursement of funds to a grant applicant, and 
                efforts to reduce that average time.
                    (B) Any Department practices, procedures, and 
                rulemakings that could delay or limit accessibility to 
                grant disbursements.
    (e) Definitions.--In this section:
            (1) Defensive training program.--The term ``defensive 
        training program'' shall include any training or program that--
                    (A) instructs an individual on the best practices 
                for carrying a firearm on school property for defensive 
                purposes as approved by--
                            (i) a State or local government; or
                            (ii) school administrators, a school board, 
                        or other governing body of a school;
                    (B) instructs an individual on the best practices 
                for using or carrying, or storing (if applicable) a 
                firearm on school property for defensive purposes, 
                including--
                            (i) the protection of students from a 
                        violent criminal;
                            (ii) the interaction of armed citizens with 
                        first responders;
                            (iii) denying an intruder entry into a 
                        classroom or school facility; or
                            (iv) increasing an individual's accuracy 
                        with a firearm while under duress; and
                    (C) instructs individuals on the use of emergency 
                medical response equipment and traumatic injury kits.
            (2) Eligible entity.--The term ``eligible entity'' means 
        any of the following:
                    (A) A local educational agency, or a consortium of 
                local educational agencies.
                    (B) The Bureau of Indian Education.
                    (C) A private elementary school or secondary 
                school.
                    (D) An entity described in subparagraph (A), (B), 
                or (C), in partnership with--
                            (i) a nonprofit organization that has 
                        demonstrated experience in defensive training 
                        programs;
                            (ii) a business; or
                            (iii) an educational service agency.
                    (E) A nonprofit organization that has demonstrated 
                experience in defensive training programs.
            (3) ESEA terms.--The terms ``educational service agency'', 
        ``elementary school'', ``local educational agency'', 
        ``secondary school'', and ``Secretary'' have the meanings given 
        the terms in section 8101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
                                 &lt;all&gt;
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