Grant program for States for school safety and security

(a)

Definitions

In this section:(1)

Eligible entity

The term eligible entity means—(A)a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801);(B)an Indian Tribe or Tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or (C)an elementary school or secondary school, as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).(2)

State

The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.(b)

Transfer of funds

The amount appropriated for Energy Efficiency Improvements and Renewable Energy Improvements at Public School Facilities, as authorized under section 40541 of the Infrastructure Investment and Jobs Act (42 U.S.C. 18831), under the Infrastructure Investments and Jobs Appropriations Act (division B of Public Law 117–58) is transferred to the Attorney General to carry out subsection (c).(c)

Grant program for states for school safety and security

(1)

In general

The Attorney General shall use the amount transferred under subsection (b) to award grants to States from allotments under paragraph (2) for each of fiscal years 2023 through 2027. From the amount transferred, $100,000,000 shall be available to be allotted for each fiscal year. (2)

State allotments

(A)

Allotment

(i)

In general

Subject to clauses (ii) and (iii), from the amount available to be allotted for a fiscal year under paragraph (1), the Attorney General shall allot to each State for the fiscal year an amount that bears the same relationship to the amount available as the number of individuals residing in the State who are aged 5 through 17, bears to the number of such individuals residing in all States.(ii)

Small state minimum

No State receiving an allotment under this subparagraph for a fiscal year shall receive less than 0.75 percent of the total amount allotted under this subparagraph for the fiscal year.(iii)

Puerto rico

The amount allotted under this subparagraph to the Commonwealth of Puerto Rico for a fiscal year may not exceed 0.75 percent of the total amount allotted under this subparagraph for the fiscal year.(B)

Reallotment

If a State does not receive an allotment under this paragraph for a fiscal year, the Attorney General shall reallot the amount of the State’s allotment to the remaining States for the fiscal year in accordance with this paragraph.(3)

Use of allotment

Each State that receives an allotment under paragraph (2) for a fiscal year shall—(A)reserve not less than 95 percent of the allotment to make subgrants to eligible entities under paragraph (4);(B)reserve not more than 1 percent of the allotment for the administrative costs of carrying out its responsibilities under this section, including public reporting on how funds made available under this section are being expended by eligible entities; and(C)use the amount made available to the State and not reserved under subparagraphs (A) and (B) for activities designed to support eligible entities in identifying, planning, and implementing school security improvements. (4)

Subgrants to eligible entities

(A)

In general

Each State that receives an allotment under paragraph (2) shall award subgrants to eligible entities to support the eligible entities in identifying, planning, and implementing school security improvements. (B)

Applications

An eligible entity that desires to receive a subgrant grant under this paragraph shall submit an application to the State at such time, in such manner, and accompanied by such information as the State may require.(C)

Use of subgrant funds

An eligible entity that receives a subgrant under this paragraph shall use the subgrant funds, subject to any rules established by the State, 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), in accordance with the needs of the school;(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 notification to relevant law enforcement and first responders during crisis situations;(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 digital content monitoring technology to assist in the monitoring of communication on school-provided platforms, as long as the system does not transmit data outside of the United States and uses human review instead of automated alerts to increase safety of school students and staff; (vi)implementing any technology or measure, or installing any infrastructure, for school safety reinforcement, including bullet-resistant doors and windows; and(vii)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. (D)

Restriction on DOJ

The Attorney General may not promulgate a rule that restricts a State's ability to determine the eligible uses of subgrant funds awarded under this paragraph.(5)

Matching requirements

(A)

State match

Each State that receives a grant under this section shall provide non-Federal matching funds equal to 20 percent of the amount of the grant toward the cost of carrying out the activities described in this section.(B)

Eligible entity match

(i)

In general

Each eligible entity that receives a subgrant under this section shall provide matching funds, in cash or through in-kind contributions, from Federal, State, local, or private sources in an amount equal to 5 percent of the amount of the subgrant toward the cost of carrying out the activities described in this section.(ii)

Waiver

(I)

In general

A State may waive the matching funds requirement under clause (i), on a case-by-case basis, upon a showing of exceptional circumstances, such as—(aa)the difficulty of raising matching funds for a program to serve a rural area;(bb)the difficulty of raising matching funds in areas with a concentration of local educational agencies or schools with a high percentage of students aged 5 through 17—(AA)who are in poverty, as counted in the most recent census data approved by the Attorney General;(BB)who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);(CC)whose families receive assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or(DD)who are eligible to receive medical assistance under the Medicaid program; and(cc)the difficulty of raising funds on tribal land.(II)

State to cover eligible entity match

A State that waives the matching funds requirement under clause (i), shall provide the amount waived in addition to the State match required under subparagraph (A). (iii)

Consideration

A State shall not consider an eligible entity's ability to match funds when determining which eligible entity will receive subgrants under this section.