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H.R. 3665 (116th): School Violence Prevention and Mitigation Act of 2019


The text of the bill below is as of Jul 10, 2019 (Introduced). The bill was not enacted into law.


I

116th CONGRESS

1st Session

H. R. 3665

IN THE HOUSE OF REPRESENTATIVES

July 10, 2019

(for himself and Mr. Deutch) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To establish a grant program to encourage schools to conduct independent facility security risk assessments and make hard security improvements, and for other purposes.

1.

Short title

This Act may be cited as the School Violence Prevention and Mitigation Act of 2019.

2.

School Security Grant

The Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting after part BB the following:

CC

Risk assessment and hard security grant

2901.

Independent facility security risk assessments

(a)

In general

Beginning not later than 180 days after the date of enactment of this part, the Director of the Office of Community Oriented Policing Services (referred to in this part as the COPS Director) shall award grants to public schools to have independent facility security risk assessments performed.

(b)

Application

(1)

In general

To be eligible to receive a grant under this section, a public school shall submit to the COPS Director an application at such time, in such manner, and containing such information as the COPS Director may require, including—

(A)

the size of the school;

(B)

a comprehensive report on the financial state of the school, including any Federal, State, or local funds used in the school’s budget; and

(C)

a certification to the Attorney General that the school is unable to cover the cost of an independent facility security risk assessment without the grant awarded under this section.

(2)

Priority

The COPS Director, in awarding a grant under this section, shall give priority to applications of public schools that have experienced an event in which an individual inflicts deadly harm or attempts to inflict deadly harm against multiple individuals.

(c)

Ineligibility

(1)

In general

A public school shall be ineligible to receive a grant under this section if it—

(A)

received a grant under this section or section 2902 in the previous 5 fiscal years; or

(B)

receives a grant under section 2902 in the same fiscal year.

(2)

Exception

Notwithstanding paragraph (1), in the case that a grant recipient experiences an event in which an individual inflicts deadly harm or attempts to inflict deadly harm against multiple individuals, such grant recipient shall be eligible to receive an additional grant under this section or section 2902 in the fiscal year after the date of the event.

2902.

Hard security improvements

(a)

In general

Beginning not later than 180 days after the date of enactment of this part, the COPS Director shall award grants to public schools for the purpose of making hard security improvements to schools.

(b)

Application

(1)

In general

To be eligible to receive a grant under this section, a public school shall submit to the COPS Director an application at such time, in such manner, and containing such information as the COPS Director may require, which application shall include—

(A)

the size of the school;

(B)

a comprehensive report on the financial state of the school, including any Federal, State, or local funds used in the school’s budget;

(C)

a comprehensive description of previous improvements made to the school meant to address school security related vul­ner­a­bil­i­ties;

(D)

the specific products and services that will be purchased with the grant funds and an estimate of such costs and services; and

(E)

the results of the school’s most recent independent facility security risk assessment.

(2)

Priority

The COPS Director, in awarding a grant under this section, shall give priority to applications of schools that—

(A)

have experienced an event in which an individual inflicts deadly harm or attempts to inflict deadly harm against multiple individuals; or

(B)

have a higher tier of vulnerability score according to a school’s most recent independent facility security risk assessment.

(c)

Ineligibility

(1)

In general

A public school shall be ineligible to receive a grant under this section if—

(A)

a public school received a grant under this section in the previous 5 fiscal years; or

(B)

a public school receives a grant under section 2901 in the same fiscal year.

(2)

Exception

Notwithstanding paragraph (1), in the case that a grant recipient experiences an event in which an individual inflicts deadly harm or attempts to inflict deadly harm against multiple individuals, such grant recipient shall be eligible to receive an additional grant under this section or section 2901 in any fiscal year after the date on which the event occurred.

(d)

Matching funds

(1)

In general

The Federal share of a grant received under this part may not exceed 50 percent of the hard security improvement costs.

(2)

Waiver

The COPS Director may waive in whole or in part, the matching requirement under paragraph (1) in the case that the recipient has a financial need for such waiver.

(e)

Grant conditions

A recipient of a grant under this section shall—

(1)

use the grant to make hard security improvements identified as necessary by the most recent independent facility security risk assessment;

(2)

in the case that a panic alarm is not installed or operable according to the independent facility risk assessment, use the grant for the installation of at least 1 panic alarm for use in a school security emergency, including a non-fire evacuation, lockdown, or active shooter situation, which alarm—

(A)

shall be directly linked to the local law enforcement agency that is closest in proximity to the grant recipient;

(B)

shall immediately transmit a signal or message to such law enforcement agency upon activation; and

(C)

shall not be audible within the public school building;

(3)

before entering into a contract with a vendor, obtain written confirmation from the law enforcement agency or entity that conducted the independent facility security risk assessment that the improvement will mitigate a vulnerability identified in the independent facility security risk assessment; and

(4)

ensure that hard security improvements comply with local building code requirements and standards.

2903.

Information dissemination; reports

(a)

Information dissemination

(1)

In general

The COPS Director shall disseminate to each local educational agency in the United States information about the availability of grants under sections 2901 and 2902.

(2)

Event notice

Not later than 30 days after an event in which an individual inflicts deadly harm or attempts to inflict deadly harm against multiple individuals occurs in a public school, the Director shall contact verbally the head of such public school to provide notice of priority eligibility for grants under sections 2901 and 2902 and to offer technical assistance in navigating the application process.

(b)

Grant recipient report

Not later than 1 year after receiving a grant under section 2901 or 2902, the grant recipient shall submit to the COPS Director a copy of the results of each independent facility security risk assessment and a list of each hard improvement for which the grant funds were used by the recipient.

(c)

COPS Director Report

Not later than 2 years after the date of enactment of this part, and annually thereafter, the COPS Director shall submit to the appropriate congressional committees a report on the national state of physical security in schools, which shall include the contents of any information submitted by a grant recipient under subsection (b).

2904.

Tiers of vulnerability

(a)

In general

The COPS Director, in consultation with school safety experts, including school resource officers, shall issue guidelines implementing this part. Such guidelines shall include a 4-tier scale for assessing security vulnerabilities of schools in independent facility security risk assessments. In the 4-tier scale developed under this subsection, tier 4 shall indicate the highest level of vulnerability.

(b)

Factors

The factors to be considered in determining a school facility’s level of vulnerability include—

(1)

the amount of violence occurring on campus involving deadly weapons, including knives longer than 3 inches, firearms, and explosives;

(2)

the number of trespassers who have gained access to campus in the last 3 years;

(3)

the ability of a school to carry out an active shooter drill; and

(4)

the state of existing school security related infrastructure.

2905.

Definitions

In this part:

(1)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on the Judiciary and the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate.

(2)

Hard security improvements

The term hard security improvements means improvements to the infrastructure of school property perimeter, parking lot perimeter, building perimeter, entrance and exit points of the school building, video monitoring equipment, alert notification equipment, the interior and perimeter of the classroom, and any other physical improvements related to camera systems and related hardware, alarm and notification technology, and visitor management technologies deemed eligible for improvement by the COPS Director.

(3)

Independent facility security risk assessment

The term independent facility security risk assessment means an assessment that—

(A)

identifies active shooter and related security vulnerabilities of public schools, considering security factors, including the strength and maintenance levels of the property perimeter, parking lot perimeter, building perimeter, and classroom and interior perimeter, and the presence of a silent security system signal generated by the manual activation of a device intended to signal a life-threatening or emergency situation requiring a response from law enforcement;

(B)

is conducted by—

(i)

an individual or entity qualified under the Department of Homeland Security Protective Security Advisor Program; or

(ii)

a State or Federal law enforcement agency; and

(C)

categorizes the security needs of a facility using the 4 tiers developed by the COPS Director pursuant to section 2904.

(4)

Public school

The term public school means a public elementary school or a public secondary school, including an elementary school or a secondary school that is predominately funded by an Indian tribal government.

2906.

Authorization of appropriations

There is authorized to be appropriated to carry out this part $200,000,000 for each of fiscal years 2020 through 2030, of which—

(1)

$75,000,000 shall be made available for grants for independent facility security risk assessment; and

(2)

$125,000,000 shall be made available for grants for hard security improvements.

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