II 118th CONGRESS 1st Session S. 1082 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.

1. Short title This Act may be cited as the Securing Our Schools Act of 2023 . 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). . 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; . 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. . 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 ). 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. 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.