[House Report 106-718]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-718
======================================================================
SECURE OUR SCHOOLS ACT
_______
July 10, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hyde, from the Committee on the Judiciary, submitted the following
R E P O R T
[To accompany H.R. 4108]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 4108) amending the Omnibus Crime Control and Safe
Streets Act of 1968 to make grants to improve security at
schools, including the placement and use of metal detectors,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
TABLE OF CONTENTS
Page
The Amendment.............................................. 2
Purpose and Summary........................................ 3
Background and Need for the Legislation.................... 3
Committee Consideration.................................... 4
Vote of the Committee...................................... 4
Committee Oversight Findings............................... 4
Committee on Government Reform Findings.................... 4
New Budget Authority and Tax Expenditures.................. 4
Congressional Budget Office Cost Estimate.................. 4
Constitutional Authority Statement......................... 6
Section-by-Section Analysis and Discussion................. 6
Changes in Existing Law Made by the Bill, as Reported...... 7
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Our Schools Act''.
SEC. 2. MATCHING GRANT PROGRAM FOR SCHOOL SECURITY.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
is amended by inserting after part Z the following new part:
``PART AA--MATCHING GRANT PROGRAM FOR SCHOOL SECURITY
``SEC. 2701. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General is authorized to make
grants to States, units of local government, and Indian tribes to
provide improved security, including the placement and use of metal
detectors and other deterrent measures, at schools and on school
grounds.
``(b) Uses of Funds.--Grants awarded under this section shall be
distributed directly to the State, unit of local government, or Indian
tribe, and shall be used to improve security at schools and on school
grounds in the jurisdiction of the grantee through one or more of the
following:
``(1) Placement and use of metal detectors, locks,
lighting, and other deterrent measures.
``(2) Security assessments.
``(3) Security training of personnel and students.
``(4) Coordination with local law enforcement.
``(5) Any other measure that, in the determination of the
Attorney General, may provide a significant improvement in
security.
``(c) Preferential Consideration.--In awarding grants under this
part, the Attorney General shall give preferential consideration, if
feasible, to an application from a jurisdiction that has a demonstrated
need for improved security, has a demonstrated need for financial
assistance, and has evidenced the ability to make the improvements for
which the grant amounts are sought.
``(d) Matching Funds.--
``(1) The portion of the costs of a program provided by a
grant under subsection (a) may not exceed 50 percent.
``(2) Any funds appropriated by Congress for the activities
of any agency of an Indian tribal government or the Bureau of
Indian Affairs performing law enforcement functions on any
Indian lands may be used to provide the non-Federal share of a
matching requirement funded under this subsection.
``(3) The Attorney General may provide, in the guidelines
implementing this section, for the requirement of paragraph (1)
to be waived or altered in the case of a recipient with a
financial need for such a waiver or alteration.
``(e) Equitable Distribution.--In awarding grants under this part,
the Attorney General shall ensure, to the extent practicable, an
equitable geographic distribution among the regions of the United
States and among urban, suburban, and rural areas.
``(f) Administrative Costs.--The Attorney General may reserve not
more than 2 percent from amounts appropriated to carry out this Act for
administrative costs.
``SEC. 2702. APPLICATIONS.
``(a) In General.--To request a grant under this part, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Attorney General at such time, in such
manner, and accompanied by such information as the Attorney General may
require. Each application shall--
``(1) include a detailed explanation of--
``(A) the intended uses of funds provided under the
grant; and
``(B) how the activities funded under the grant
will meet the purpose of this part; and
``(2) be accompanied by an assurance that the application
was prepared after consultation with individuals not limited to
law enforcement officers (such as school violence researchers,
child psychologists, social workers, teachers, principals, and
other school personnel) to ensure that the improvements to be
funded under the grant are--
``(A) consistent with a comprehensive approach to
preventing school violence; and
``(B) individualized to the needs of each school at
which those improvements are to be made.
``(b) Guidelines.--Not later than 90 days after the date of the
enactment of this part, the Attorney General shall promulgate
guidelines to implement this section (including the information that
must be included and the requirements that the States, units of local
government, and Indian tribes must meet) in submitting the applications
required under this section.
``SEC. 2703. ANNUAL REPORT TO CONGRESS.
``Not later than November 30th of each year, the Attorney General
shall submit a report to the Congress regarding the activities carried
out under this part. Each such report shall include, for the preceding
fiscal year, the number of grants funded under this part, the amount of
funds provided under those grants, and the activities for which those
funds were used.
``SEC. 2704. DEFINITIONS.
``For purposes of this part--
``(1) the term `school' means a public elementary or
secondary school;
``(2) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level; and
``(3) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)).
``SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
the following amounts:
``(1) $60,000,000 for fiscal year 2001.
``(2) $60,000,000 for fiscal year 2002.
``(3) $60,000,000 for fiscal year 2003.''.
Purpose and Summary
The purpose of H.R. 4108, the ``Secure Our Schools Act,''
is to amend title I of the Omnibus Crime Control and Safe
Streets Act of 1968 to authorize the appropriation of $60
million for each of fiscal years 2001 through 2003 in grants to
State and local governments and Indian tribes to improve
security at schools. Up to 50% of the costs of security
enhancement programs would be paid by the Federal Government
through such grants, and money would be distributed directly to
qualifying States, units of local government, and Indian
tribes. Grants could be used for the placement and use of metal
detectors, locks, lighting, and other deterrent measures,
security assessments, security training of personnel and
students, coordination with local law enforcement, and any
other measure that the Attorney General determines may provide
a significant improvement in security.
Background and Need for the Legislation
Over the past few years, public concern over school safety
has grown tremendously, fueled in part by tragic shootings at
Columbine High School in Littleton, Colorado, and Westside
Middle School in Jonesboro, Arkansas. The shootings in these
and other schools across the Nation have demonstrated the
continued need to improve school safety. Safe and secure
schools facilitate teaching and learning, while violence, or
the threat of violence, diverts attention and valuable
resources away from the educational mission.
The safety of children in the Nation's schools is a
community and national concern, and as such, schools alone
should not be solely responsible for providing funding for
security measures. H.R. 4108 would give State and local
governments an incentive to improve school security by
providing matching grants.
Committee Consideration
On May 24, 2000, the Committee on the Judiciary met in open
session and ordered reported favorably the bill H.R. 4108, as
amended, by voice vote, a quorum being present.
Vote of the Committee
Mr. Rothman offered an amendment that would make several
technical and clarifying changes to the bill that improve the
administration of the program. The amendment was adopted by
voice vote.
Mr. Scott offered an amendment requiring additional input
in connection with the application to ensure a comprehensive
approach to preventing school violence. The amendment was
agreed to by voice vote.
Vote on final passage: passed by voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the committee reports that the
findings and recommendations of the committee, based in
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform Findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 3(c)(4) of rule XIII of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the committee sets forth, with
respect to the bill H.R. 4108, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 403 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 5, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4108, the Secure
Our Schools Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable John Conyers Jr.
Ranking Democratic Member
H.R. 4108--Secure Our Schools Act.
SUMMARY
H.R. 4108 would authorize the appropriation of $60 million
for each of fiscal years 2001 through 2003 for the Department
of Justice to make grants to state and local governments and
Indian tribes to improve security at schools. Assuming
appropriation of the authorized amounts, CBO estimates that
implementing H.R. 4108 would cost $177 million over the 2001-
2005 period. This legislation would not affect direct spending
or receipts, so pay-as-you-go procedures would not apply.
H.R. 4108 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and could benefit state, local, and tribal governments that
receive the grants established by the bill. Any costs incurred
by these governments to provide matching funds would be
voluntary.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
For this estimate, CBO assumes that the amounts authorized
in H.R. 4108 will be appropriated by the start of each fiscal
year and that outlays will follow historical spending patterns
for similar grant programs. The estimated budgetary impact of
H.R. 4108 is shown in the following table. The costs of this
legislation fall within budget function 750 (administration of
justice).
By fiscal year, in millions of dollars
----------------------------------------------------------------------------------------------------------------
2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level 60 60 60 0 0
Estimated Outlays 13 36 57 47 24
----------------------------------------------------------------------------------------------------------------
PAY-AS-YOU-GO CONSIDERATIONS:
None.
ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS
H.R. 4108 contains no intergovernmental mandates as defined
in UMRA. The bill would establish a matching grant program for
state, local, and tribal governments to provide improved
security at schools and on school grounds. The grant funds
could be used for specific security activities and equipment,
with preferential consideration given to the neediest schools.
The bill would require that a recipient provide at least 50
percent matching funds, unless the Attorney General waives or
alters the requirement based on the recipient's financial need.
The bill also would require the grants to be distributed in an
geographically equitable manner. Any costs incurred by state,
local, and tribal governments to provide matching funds would
be voluntary.
ESTIMATED IMPACT ON THE PRIVATE-SECTOR
H.R. 4108 would impose no new private-sector mandates as
defined in UMRA.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Shelley
Finlayson (225-3220)
Impact on the Private Sector: John Harris (226-2618)
ESTIMATE APPROVED BY:
Peter H. Fontaine
Deputy Assistant Director for Budget Analysis
Constitutional Authority Statement
Pursuant to 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the committee finds the authority for this
legislation in Article I, section 8 of the Constitution.
Section-by-Section Analysis and Discussion
Sec. 1 Short Title.
This section provides that the short title of the bill is
the ``Secure Our Schools Act.''
Sec. 2. Matching Grant Program for School Security.
This section amends title I of the Omnibus Crime Control
and Safe Streets Act of 1968 by creating a matching grant
program for school security. This program would be inserted as
``Part AA--Matching Grant Program for School Security,'' and is
comprised of five sections, sections 2701 through 2705. Section
2701 authorizes the Attorney General to establish the grant
program and award grants directly to States, units of local
government, and Indian tribes to improve school security.
Section 2701 also delineates how grant money may be used to
improve security in schools and on school grounds, and it would
permit the Attorney General to give preferential consideration
to grant applications that have demonstrated a need for
improved security or a need for financial assistance.
Additionally, section 2701 establishes the matching funds
criteria and requires that the Attorney General, to the extent
practicable, ensure equitable geographic distribution of grant
money among the regions of the United States and among urban,
suburban and rural areas.
Section 2702 provides that applications for grants be
submitted to the Attorney General. Each application shall
include a detailed explanation of the intended use of the funds
and how the activities funded under the grant will meet the
purpose of this legislation. Additionally, section 2702
specifies that, within 90 days after enactment of the act, the
Attorney General shall promulgate guidelines for submitting
grant applications.
Section 2703 provides that not later than November 30th of
each year, the Attorney General shall submit a report to the
Congress regarding the activities carried out under this act.
Section 2704 defines several terms used in the act.
Section 2705 authorizes $60 million in appropriations
annually for fiscal years 2001 through 2003.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
PART AA OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
PART AA--MATCHING GRANT PROGRAM FOR SCHOOL SECURITY
SEC. 2701. PROGRAM AUTHORIZED.
(a) In General.--The Attorney General is authorized to make
grants to States, units of local government, and Indian tribes
to provide improved security, including the placement and use
of metal detectors and other deterrent measures, at schools and
on school grounds.
(b) Uses of Funds.--Grants awarded under this section shall
be distributed directly to the State, unit of local government,
or Indian tribe, and shall be used to improve security at
schools and on school grounds in the jurisdiction of the
grantee through one or more of the following:
(1) Placement and use of metal detectors, locks,
lighting, and other deterrent measures.
(2) Security assessments.
(3) Security training of personnel and students.
(4) Coordination with local law enforcement.
(5) Any other measure that, in the determination of
the Attorney General, may provide a significant
improvement in security.
(c) Preferential Consideration.--In awarding grants under
this part, the Attorney General shall give preferential
consideration, if feasible, to an application from a
jurisdiction that has a demonstrated need for improved
security, has a demonstrated need for financial assistance, and
has evidenced the ability to make the improvements for which
the grant amounts are sought.
(d) Matching Funds.--
(1) The portion of the costs of a program provided
by a grant under subsection (a) may not exceed 50
percent.
(2) Any funds appropriated by Congress for the
activities of any agency of an Indian tribal government
or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used
to provide the non-Federal share of a matching
requirement funded under this subsection.
(3) The Attorney General may provide, in the
guidelines implementing this section, for the
requirement of paragraph (1) to be waived or altered in
the case of a recipient with a financial need for such
a waiver or alteration.
(e) Equitable Distribution.--In awarding grants under this
part, the Attorney General shall ensure, to the extent
practicable, an equitable geographic distribution among the
regions of the United States and among urban, suburban, and
rural areas.
(f) Administrative Costs.--The Attorney General may reserve
not more than 2 percent from amounts appropriated to carry out
this Act for administrative costs.
SEC. 2702. APPLICATIONS.
(a) In General.--To request a grant under this part, the
chief executive of a State, unit of local government, or Indian
tribe shall submit an application to the Attorney General at
such time, in such manner, and accompanied by such information
as the Attorney General may require. Each application shall--
(1) include a detailed explanation of--
(A) the intended uses of funds provided
under the grant; and
(B) how the activities funded under the
grant will meet the purpose of this part; and
(2) be accompanied by an assurance that the
application was prepared after consultation with
individuals not limited to law enforcement officers
(such as school violence researchers, child
psychologists, social workers, teachers, principals,
and other school personnel) to ensure that the
improvements to be funded under the grant are--
(A) consistent with a comprehensive
approach to preventing school violence; and
(B) individualized to the needs of each
school at which those improvements are to be
made.
(b) Guidelines.--Not later than 90 days after the date of
the enactment of this part, the Attorney General shall
promulgate guidelines to implement this section (including the
information that must be included and the requirements that the
States, units of local government, and Indian tribes must meet)
in submitting the applications required under this section.
SEC. 2703. ANNUAL REPORT TO CONGRESS.
Not later than November 30th of each year, the Attorney
General shall submit a report to the Congress regarding the
activities carried out under this part. Each such report shall
include, for the preceding fiscal year, the number of grants
funded under this part, the amount of funds provided under
those grants, and the activities for which those funds were
used.
SEC. 2704. DEFINITIONS.
For purposes of this part--
(1) the term ``school'' means a public elementary
or secondary school;
(2) the term ``unit of local government'' means a
county, municipality, town, township, village, parish,
borough, or other unit of general government below the
State level; and
(3) the term ``Indian tribe'' has the same meaning
as in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)).
SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part the following amounts:
(1) $60,000,000 for fiscal year 2001.
(2) $60,000,000 for fiscal year 2002.
(3) $60,000,000 for fiscal year 2003.