[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4301 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4301

    To require the Secretary of Education, in consultation with the 
  Attorney General and the Secretary of Health and Human Services, to 
publish an annual report on indicators of school crime and safety that 
       includes data on school shootings, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 2019

 Ms. Gabbard (for herself, Mrs. McBath, and Mrs. Hayes) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

_______________________________________________________________________

                                 A BILL


 
    To require the Secretary of Education, in consultation with the 
  Attorney General and the Secretary of Health and Human Services, to 
publish an annual report on indicators of school crime and safety that 
       includes data on school shootings, 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 ``School Shooting Safety and 
Preparedness Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Title 18 definitions.--The terms ``firearm'' and 
        ``ammunition'' have the meanings given such terms in section 
        921 of title 18, United States Code. The term ``large capacity 
        ammunition feeding device'' has the meaning given such term in 
        section 921 of title 18, Unites States Code, as in effect on 
        September 1, 2004.
            (2) Mass shooting.--The term ``mass shooting'' means a 
        shooting during which three or more individuals, not including 
        the shooter, were injured or killed in one location or in 
        multiple locations in close proximity.
            (3) School.--The term ``school'' means--
                    (A) an early childhood education program (as 
                defined in section 103 of the Higher Education Act of 
                1965 (20 U.S.C. 1003));
                    (B) an elementary school (as defined in section 
                8101 of the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 7801));
                    (C) a secondary school (as defined in section 8101 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 7801)); and
                    (D) an institution of higher education (as defined 
                in section 102 of the Higher Education Act of 1965 (20 
                U.S.C. 1002)).
            (4) School shooting.--The term ``school shooting''--
                    (A) means an event or occurrence--
                            (i) during which one or more individuals 
                        were injured or killed by a firearm; and
                            (ii) that occurred--
                                    (I) in, or on the grounds of, a 
                                school, even if before or after school 
                                hours;
                                    (II) while the victim was traveling 
                                to or from a regular session at school; 
                                or
                                    (III) while the victim was 
                                attending or traveling to or from an 
                                official school sponsored event; and
                    (B) does not include an accidental shooting.

SEC. 3. ANNUAL REPORT ON INDICATORS OF SCHOOL CRIME AND SAFETY.

    (a) In General.--The Secretary of Education, in consultation with 
the Attorney General and the Secretary of Health and Human Services, 
shall publish not less frequently than on an annual basis a report on 
indicators of school crime and safety. Such report shall be produced by 
the National Center for Education Statistics of the Department of 
Education in consultation with the Bureau of Justice Statistics of the 
Department of Justice. Such report shall include, at a minimum, an 
updated version of the information provided in the National Center for 
Education Statistics report NCES 2019-047 issued in April 2019, and the 
data described in subsections (b) and (d).
    (b) Statistics on School Shootings.--In collecting data on school 
shootings to be compiled in the annual report described in subsection 
(a), the National Center on Education Statistics shall collect at a 
minimum the following data annually:
            (1) The number of school shootings that have taken place 
        nationwide.
            (2) The number of mass shootings that have taken place 
        nationwide.
            (3) The number of school shootings that were suicides.
            (4) The number of people killed in each school shooting.
            (5) The number of people injured in each school shooting.
            (6) The time of the shooting and whether it occurred during 
        school hours.
            (7) The age, gender, race, ethnicity, and nationality of 
        each victim in each shooting.
            (8) The age, gender, race, ethnicity, nationality, and 
        relationship to the school of each shooter.
            (9) The motivation of the shooter, including any real or 
        perceived bias.
            (10) How the shooting was stopped, including--
                    (A) whether the shooter was injured or killed, and 
                if so, by whom; and
                    (B) if not, what was the other outcome of the 
                incident (such as escape, arrest, or suicide).
            (11) The number and type of firearms and ammunition were 
        used in each shooting, including--
                    (A) the make and model of the firearm;
                    (B) the manufacturer of the firearm;
                    (C) the make and model of the ammunition;
                    (D) the manufacturer of the ammunition;
                    (E) whether a large capacity ammunition feeding 
                device was present at the scene or used during the 
                shooting; and
                    (F) the number of rounds of ammunition fired by the 
                shooter over the course of the shooting.
            (12) Criminal records of the shooter that indicate a 
        tendency toward violence.
            (13) Where each of the firearms used in each shooting was 
        obtained and how, including--
                    (A) whether the firearm was registered; and
                    (B) whether the firearm was purchased from a 
                licensed gun dealer or an unlicensed sale.
            (14) If the original purchaser was not the shooter, what 
        was, if any, the original purchaser's relationship to the 
        shooter.
            (15) If the original purchaser was not the shooter and the 
        firearm was obtained from the shooter's home, the gun storage 
        practices being used in the home, and whether the gun owner was 
        charged with failing to properly secure his or her firearm.
            (16) Whether the school had armed teachers, as that term is 
        defined in section 8553 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7943), and if so, whether such 
        armed teachers stopped the incident by shooting the shooter.
            (17) How long did the shooting last (the approximate 
        elapsed time between the first and last shots fired).
            (18) What was the response time of law enforcement.
    (c) Historic Statistics on School Shootings.--To the extent 
practicable, the Secretary of Education shall direct the National 
Center on Education Statistics to collect the data required in 
subsection (b) for shootings that occurred prior to the date of the 
enactment of this Act, and publish such data as a revision to any 
annual report on indicators of school crime and safety issued by the 
National Center on Education Statistics prior to the date of the 
enactment of this Act.
    (d) Safety and Prevention.--In collecting data on school shootings 
to be compiled in the annual report described in subsection (a), the 
National Center on Education Statistics shall collect, at a minimum, 
information on the existence or absence of the following safety and 
prevention measures at the time of the shooting at schools where a 
school shooting occurred in the previous year:
            (1) Structural physical security measures.
            (2) School structural features that are designed with best 
        practices to avert and restrict violence while preserving open 
        learning environments that positively influence student 
        behavior.
            (3) A communication plan with local law enforcement.
            (4) A response plan that includes coordination with local 
        agencies (law enforcement, fire department, hospitals, etc.).
            (5) An active shooter response plan.
            (6) Any other similar type of safety or prevention measure 
        in place at the time of the school shooting.
    (e) Rule of Construction.--In collecting data on school shootings 
to be compiled in the annual report described in subsection (a), any 
data disaggregation required by subsection (b) shall not be required in 
the case where the number of students in a disaggregated subgroup is 
insufficient to yield statistically reliable data or the results would 
reveal personally identifiable information about an individual student.
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