[Congressional Record Volume 153, Number 68 (Thursday, April 26, 2007)]
[Senate]
[Pages S5199-S5200]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Obama):
  S. 1228. A bill to amend section 485(f) of the Higher Education Act 
of 1965 regarding law enforcement emergencies; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Reord.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1228

       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 ``Campus Law Enforcement 
     Emergency Response Act of 2007''.

     SEC. 2. LAW ENFORCEMENT EMERGENCIES.

       Section 485(f) of the Higher Education Act of 1965 (20 
     U.S.C. 1092(f)) is amended--
       (1) by redesignating paragraphs (9) through (15) as 
     paragraphs (10) through (16), respectively;
       (2) by inserting after paragraph (8) the following:
       ``(9)(A) Each institution of higher education participating 
     in any program under this title shall develop and distribute 
     as part of the report described in paragraph (1)--
       ``(i) a statement of policy regarding the institution's law 
     enforcement emergency response program; and
       ``(ii) statistics concerning the occurrence of law 
     enforcement emergencies on the campus of the institution.
       ``(B) In this paragraph:
       ``(i) The term `campus' has the meaning given the term in 
     paragraph 6(A)(i), except that the term includes--
       ``(I) a noncampus building or property, as defined in 
     paragraph (6)(A)(ii), of an institution of higher education; 
     and
       ``(II) any public property, as defined in paragraph 
     (6)(A)(iii), of an institution of higher education.
       ``(ii) The term `law enforcement emergency' means a 
     shooting, the presence of an armed and dangerous person, a 
     bomb threat, the presence of an unauthorized hazardous or 
     toxic material that poses a threat to health and safety, a 
     lock-down, a reverse evacuation, or any other comparable type 
     of incident, on the campus of an institution of higher 
     education, that involves the participation of one or more law 
     enforcement agencies.
       ``(C) The policy described in subparagraph (A) shall 
     address the following:
       ``(i) Procedures students, employees, and others on the 
     campus of the institution will be directed to follow if a law 
     enforcement emergency occurs.
       ``(ii) Procedures the institution and law enforcement 
     agencies will follow to inform students, employees, and 
     others on the campus of the institution about a law 
     enforcement emergency on the campus and will follow to direct 
     the actions of the students, employees, and others. Such 
     procedures may include e-mail alerts, telephone alerts, text-
     message alerts, radio announcements, television alerts, 
     audible alert signals, and public address announcements.
       ``(D) Each institution participating in any program under 
     this title shall test the institution's law enforcement 
     emergency response policy and procedures on at least an 
     annual basis.
       ``(E) Each institution participating in any program under 
     this title shall make reports to the students, employees, and 
     others on the campus of the institution, not later than 30 
     minutes after the discovery of a law enforcement emergency on 
     the campus, through the procedures described in subparagraph 
     (C)(ii).
       ``(F) The Secretary and the Attorney General shall jointly 
     have the authority--
       ``(i) to review, monitor, and ensure compliance with this 
     paragraph;
       ``(ii) to advise institutions of higher education on model 
     law enforcement emergency response policies, procedures, and 
     practices; and
       ``(iii) to disseminate information concerning those 
     policies, procedures, and practices.
       ``(G) Campus law enforcement emergency response grants.--
       ``(i) Program authority.--The Secretary may make grants to 
     institutions of higher education or consortia of such 
     institutions, or enter into contracts with such institutions, 
     consortia, and other organizations, to develop, implement, 
     operate, improve, test, or disseminate campus law enforcement 
     emergency response policies, procedures, or programs.

[[Page S5200]]

       ``(ii) Awards.--Grants and contracts under this 
     subparagraph shall be awarded--

       ``(I) on a competitive basis; and
       ``(II) for a period not to exceed 1 year.

       ``(iii) Applications.--An institution of higher education, 
     a consortium, or an organization that desires to receive a 
     grant or enter into a contract under this subparagraph shall 
     submit an application to the Secretary at such time, in such 
     manner, and containing or accompanied by such information as 
     the Secretary may reasonably require by regulation.
       ``(iv) Participation.--In awarding grants and contracts 
     under this subparagraph, the Secretary shall make every 
     effort to ensure--

       ``(I) the equitable participation of institutions of higher 
     education that are eligible to participate in programs under 
     this title;
       ``(II) the equitable geographic participation of such 
     institutions; and
       ``(III) the equitable participation of such institutions 
     with large and small enrollments.

       ``(v) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subparagraph 
     $5,000,000 for fiscal year 2008 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.''.

  Mr. DURBIN. Mr. President, I rise today to introduce the Campus Law 
Enforcement Emergency Response Act of 2007. This legislation takes 
several important steps to enhance the security of college and 
university campuses, including ensuring that schools have created and 
tested emergency response procedures and notification systems.
  We will never forget the tragic events at Virginia Tech on April 16, 
2007, when a mentally ill gunman brutally murdered 32 men and women 
over a period of several hours. This horrible incident demonstrated the 
need for colleges and universities to develop and test procedures for 
responding to emergency situations that pose a large-scale threat to 
public safety. In the era we live in today, college campuses may be 
viewed as inviting targets for those who seek to terrorize or kill. We 
have to be prepared for the possibility of mass-casualty attacks on our 
college campuses, and we have to be ready to respond to them if they 
occur.
  Many schools in my home State of Illinois and elsewhere have taken 
measures, both before and after the Virginia Tech shootings, to 
safeguard against such emergency incidents. However, there are nearly 
4,300 colleges and universities in the country, serving over 17 million 
students and millions more faculty, staff and campus visitors each 
year. We need to ensure that all of these institutions have effective 
law enforcement emergency response procedures in place, and we need to 
provide guidance and assistance for schools that need it.
  The Campus Law Enforcement Emergency Response Act would ensure that 
institutions of higher education meet baseline preparedness and testing 
requirements for law enforcement emergencies. The bill would expand the 
focus of the Clery Act, an existing law that requires colleges and 
universities to issue annual reports on campus crime and crime security 
measures, to cover ``law enforcement emergency'' situations. The term 
``law enforcement emergency'' as defined in the bill would include 
situations that occur on a college campus that involve a law 
enforcement response and that pose a potential threat of continuing 
danger. Such situations would include ``a shooting, the presence of an 
armed and dangerous person, a bomb threat, the presence of an 
unauthorized hazardous or toxic material that poses a threat to health 
and safety, a lock-down, a reverse evacuation, or any other comparable 
type of incident on the campus . . . that involves the participation of 
one or more law enforcement agencies.'' Because of the threat of large-
scale dangers that these types of emergency incidents pose to the 
campus community, additional preparations should be made for them.
  First, the bill would require higher education institutions to 
develop and distribute policies regarding the institution's law 
enforcement emergency response program. These policies would have to 
specify the procedures students and employees should follow if a law 
enforcement emergency occurs and the procedures that the school and its 
partner law enforcement agencies would follow to inform and guide 
students and employees in case of such an emergency. Under this bill, 
schools are encouraged to establish notification procedures such as e-
mail alerts, telephone alerts, text-message alerts, radio 
announcements, television alerts, audible alert signals, and public 
address announcements.
  The bill would also require institutions to test their law 
enforcement emergency response procedures at least annually. Such 
testing is crucial for ensuring the efficient and effective 
coordination of law enforcement response activities with the actions of 
those on campus.
  In addition, this legislation would require institutions to provide 
notice to the campus community through its notification procedures no 
later than 30 minutes after the discovery of a law enforcement 
emergency. Many have pointed out that over 2 hours passed between the 
discovery of the first shootings on the Virginia Tech campus and the 
initial threat notification to the Virginia Tech community. In the 
interim period, the Virginia Tech gunman moved across campus and shot 
many more victims. A 30-minute notification requirement provides enough 
time for law enforcement agencies to assess an emergency situation and 
to issue, at minimum, an alert notifying the campus community about the 
possibility of further danger.
  The bill would give the Departments of Education and Justice joint 
authority to review, monitor, and ensure compliance with the bill's 
requirements. Given the Department of Justices experience in dealing 
with law enforcement emergencies, joint authority and coordination with 
the Department of Education will provide a significant benefit to 
schools. Additionally, the bill would authorize the Education and 
Justice Departments to advise schools on model law enforcement 
emergency response procedures and to disseminate information about 
these procedures. The bill would further require schools to report 
statistics on the actual occurrence of law enforcement emergencies at 
each school.
  Finally, the bill would create a competitive grant program, to be 
administered by the Department of Education, to help institutions 
develop, implement, operate, improve, test, and disseminate campus law 
enforcement emergency response programs. The program would be 
authorized for 5 years, at $5 million for the first year and for such 
sums as may be necessary thereafter.
  The tragedy at Virginia Tech should cause us to reassess numerous 
laws in an effort to prevent such tragedies from happening in the 
future. We need to reevaluate the State and Federal laws that allowed a 
man to purchase guns and ammunition despite a prior determination of 
mental illness by a court. We need to take a hard look at mental health 
in this country and to craft policies that identify and provide support 
for those with signs of mental illness. We must also work to strengthen 
the security of our primary and secondary schools in order to safeguard 
against shootings and other dangerous incidents on those school 
grounds. These issues will be the subject of discussions in the days to 
come, and enhancing the preparedness of our college campuses for law 
enforcement emergencies must be a part of those discussions as well.
  Sadly, we cannot guarantee that a mass tragedy will never occur again 
on an American campus. But it is imperative that the Government, law 
enforcement agencies, and school administrations work together to guard 
against mass-casualty threats as best we can and to be ready to respond 
if they occur. The Campus Law Enforcement Emergency Response Act will 
help ensure that those who live, work, and study at our colleges and 
universities can do so more safely. I urge the Congress to pass this 
important and critical legislation.
                                 ______