[Congressional Record Volume 154, Number 146 (Monday, September 15, 2008)]
[House]
[Pages H8083-H8085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 SCHOOL SAFETY ENHANCEMENTS ACT OF 2008

  Mr. SCOTT of Virginia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 2352) to enhance the safety of elementary schools, 
secondary schools, and institutions of higher education, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2352

       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 Safety Enhancements 
     Act of 2008''.

    TITLE I--ELEMENTARY AND SECONDARY EDUCATION SAFETY ENHANCEMENTS

     SEC. 101. GRANT PROGRAM FOR SCHOOL SECURITY.

       Section 2701 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3797a) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``Placement'' and inserting 
     ``Installation''; and
       (ii) by inserting ``surveillance equipment,'' after 
     ``detectors,'';
       (B) by redesignating paragraph (5) as paragraph (6); and
       (C) by inserting after paragraph (4) the following:
       ``(5) Establishment of hotlines or tiplines for the 
     reporting of potentially dangerous students and 
     situations.'';
       (2) by striking subsection (d)(1) and inserting the 
     following:
       ``(1) The Federal share of the costs of a program provided 
     by a grant under subsection (a) shall be not more than 80 
     percent of the total of such costs.''; and
       (3) by adding at the end the following:
       ``(g) Interagency Task Force.--Not later than 60 days after 
     the date of enactment of the School Safety Enhancements Act 
     of 2008, the Director and the Secretary of Education, or the 
     designee of the Secretary, shall establish an interagency 
     task force to develop and promulgate a set of advisory school 
     safety guidelines. The advisory school safety guidelines 
     shall be published in the Federal Register by not later than 
     one year after such date of enactment. In developing the 
     final advisory school safety guidelines, the interagency task 
     force shall consult with stakeholders and interested parties, 
     including parents, teachers, and agencies.''.

     SEC. 102. APPLICATIONS.

       Section 2702(a)(2) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797b(a)(2)) is amended to 
     read as follows:
       ``(2) be accompanied by a report, signed by the chief 
     education officer and the attorney general or other chief law 
     enforcement executive of the State, unit of local government, 
     or Indian tribe, certifying that each proposed use of the 
     grant funds will be--
       ``(A) an effective means for improving the safety of one or 
     more schools;
       ``(B) consistent with a comprehensive approach to 
     preventing school violence; and
       ``(C) individualized to the needs of each school at which 
     those improvements are to be made.''.

     SEC. 103. ANNUAL REPORT TO CONGRESS.

       Section 2703 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3797c) is amended by striking ``and 
     the activities for which those funds were used'' and 
     inserting ``and a detailed itemization of how those funds 
     were utilized''.

     SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

       Section 2705 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3797e) is amended by striking 
     ``$30,000,000 for each of fiscal years 2001 through 2009'' 
     and inserting ``$50,000,000 for each of the fiscal years 2009 
     and 2010''.

     SEC. 105. ADDITIONAL AMENDMENT.

       Paragraph (5) of section 2701(b) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3797a(b)) (as 
     amended by section 101 of this Act) is further amended by 
     inserting ``, including hazardous conditions'' after ``and 
     situations''.

     SEC. 106. ADDITIONAL AMENDMENT TO THE GRANT PROGRAM FOR 
                   SCHOOL SECURITY.

       Section 2701(b) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C.

[[Page H8084]]

     3797a(b)) (as amended by sections 101 and 105 of this Act) is 
     further amended by inserting after paragraph (4) the 
     following new paragraph (and redesignating the succeeding 
     paragraphs accordingly):
       ``(5) Development and implementation of safety measures to 
     protect students in the event of a terrorist attack or other 
     hazardous condition or situation.''.

            TITLE II--HIGHER EDUCATION SECURITY ENHANCEMENT

     SEC. 201. REQUIREMENT FOR CAMPUS SAFETY ASSESSMENTS.

       Section 485 of the Higher Education Act of 1965 (20 U.S.C. 
     1092) is amended by adding at the end the following:
       ``(n) Campus Safety Assessment.--Each eligible institution 
     participating in any program under this title shall conduct 
     an annual campus safety assessment that shall be prepared 
     through consultation between the institution's staff, 
     including safety and security personnel, and local law 
     enforcement officials.''.

     SEC. 202. REQUIREMENT FOR CAMPUS EMERGENCY RESPONSE PLANS.

       Section 485 of the Higher Education Act of 1965, as amended 
     in section 201 (20 U.S.C. 1092), is further amended by adding 
     at the end the following:
       ``(o) Campus Emergency Response Plan.--Each eligible 
     institution participating in any program under this title 
     shall develop and implement a campus emergency response plan 
     to address a comprehensive set of emergency situations, 
     including the following:
       ``(1) Natural disasters.
       ``(2) Active shooter situations.
       ``(3) Terrorist attacks.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Scott) and the gentleman from California (Mr. Issa) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. I yield myself as much time as I may consume.
  Mr. Speaker, H.R. 2352, the School Safety Enhancements Act of 2008, 
is a vital piece of legislation aimed at ensuring the safety of the 
students in our Nation's schools.
  Over the last decade we've seen horrific school shootings and 
violence in at least 27 States. Ensuring the safety of our students and 
teachers at all levels is obviously a priority.
  Sponsored by the gentleman from New Jersey (Mr. Rothman), H.R. 2352 
addresses this problem by providing increased funding for improving 
school security and making the grant program more accessible to schools 
in poor communities.
  Specifically, the bill raises the authorization level of Federal 
grants from $30 million to $50 million for Fiscal Years 2009 and 2010. 
It also decreases the matching non-Federal funds requirement from 50 
percent to 20 percent, raising the Federal portion from 50 percent to 
80 percent. This change in funding ratios brings the percentage more in 
line with the traditional split for school grants, and would bring 
much-needed help to many schools.
  Finally, the bill amends the Higher Education Act to require 
participating institutions to conduct annual campus assessments and 
develop and implement a campus emergency response plan. I urge my 
colleagues to support the legislation.
  I reserve the balance of my time.
  Mr. ISSA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 2352, the School Safety 
Enhancement Act of 2008. Each day roughly 160,000 children miss school 
because they are afraid of violent incident: 100,000 children take a 
weapon to school, often a gun, more often a knife; 14,000 young people 
are attacked on school property each year; 6,250 teachers are 
threatened each day; and 260 teachers are assaulted. This has to stop.
  Normally, the Federal Government doesn't have a role in the day-to-
day activities of public schools. In this case, when, in fact, a future 
workforce is endangered, and the widespread use of these kinds of 
techniques is often done by gangs and other organized crime links that, 
in fact, we are fighting on another front.
  So, Mr. Speaker, I rise in support of this because we cannot put all 
of our money into fighting gangs on the street. We have to do something 
to secure schools. We have to make sure that gang membership is not 
necessary just to go to class.
  Mr. Speaker, this is a bipartisan bill. This is a bill that, in fact, 
was first introduced by, many of the provisions were first introduced 
by Republicans. It is one of those bills that has transcended the 
change in the administration, change in leadership of the House. And I 
hope that we will continue to have this kind of work, finding smarter 
ways, better ways to stem crime on the street, including stemming crime 
in the classroom.
  I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as he may 
consume to the gentleman from New Jersey (Mr. Rothman), the sponsor of 
the legislation.
  Mr. ROTHMAN. I thank the gentleman from Virginia not only for the 
time but also for his leadership on the Subcommittee on Crime, 
Terrorism, and Homeland Security.
  I also want to thank my friend and colleague from California (Mr. 
Issa) for all his support in moving this legislation forward.
  I also want to recognize the ranking member of the subcommittee, Mr. 
Gohmert from Texas. I also would like to acknowledge the leadership of 
Chairman Conyers and Ranking Member Lamar Smith.
  Mr. Speaker, we are often asked, as Members of Congress, why don't 
you people do anything important? Well, today we're about to do 
something very important.
  Back in 2000, when I was a member of the Judiciary Committee, I 
received two different letters from two different young girls in two 
different middle schools in my district. And the letters basically 
said, Congressman, we're afraid to go to school. There are gangs, there 
are wise guys, there are kids on drugs. We're not sure who's coming in 
and out of our school. And we're constantly looking over our shoulders 
wondering if someone's going to hurt us. Aren't you supposed to be 
doing something about that? You adults, protecting us kids?
  As the father of two kids then, now of two kids and three stepkids, 
it really did strike me very deeply. And I went to our chairman, may he 
rest in peace, Chairman Henry Hyde, and I told him about the situation. 
I told him I had an idea. I said that we should have a matching grant 
program so it wouldn't be a Federal mandate, that schools that wanted 
to participate could, those that didn't want to didn't have to. But 
those who wanted to get metal detectors, new locks on their doors, 
security training for their personnel, they could apply to the Federal 
Government through the Justice Department for a grant, a 50/50 grant; 
the schools put up half, the Feds put up the other half. And if the 
schools were really destitute and out of money and could demonstrate 
that, as well as a real need, the Federal Government would pay 100 
percent.
  This was at the time right after Watergate, rather, after the Clinton 
impeachment. Needless to say, there was disagreement amongst the 
parties. The Republicans were in charge.
  The bill passed unanimously out of the House Judiciary Committee and 
then came to the floor and passed unanimously. And since then, more 
than 3,400 schools nationwide have benefited, have added security 
cameras and metal detectors and new locks to limit entranceways and 
egresses from the schools. More than 177 schools in the Garden State of 
New Jersey, my State. And I've gotten letters and phone calls and 
people stopping me on the street thanking me, Congressman, thank you 
for protecting us.
  This year, 7 years after we passed the Secure Our Schools, actually 
we passed it in 2001, we have an improvement, the School Safety 
Enhancements Act.
  What we found, unfortunately, was that the $30 million authorized 
level wasn't enough money to cover all the schools in the country who 
wanted to participate, who wanted to put up half the money for these 
security improvements for their schools. There wasn't enough money to 
go around. So we made our case to the subcommittee and to the full 
committee, and they

[[Page H8085]]

were kind enough to work with us and introduce this bill, the School 
Safety Enhancements Act, to raise the dollar amount from $30 million 
authorized to $50 million authorized.
  The other changes we made were to change the Federal match so that 
the Federal Government could provide even a larger percentage than the 
50/50 percentage. We know how strapped local property taxpayers are 
back home, and so that's the least we could do from the Federal 
Government.
  We also added a couple of other things, as Chairman Scott referred 
to, namely, a campus safety assessment program to implement a campus 
emergency response plan that would have to be established at all of our 
universities across the country so that parents who are sending their 
kids to these universities and colleges would know that, at the very 
least, there was a plan if, God forbid, there was a tragedy.
  We worked very closely, we also established a hot line for call in 
for kids and others to report problems.
  We worked with Senator Barbara Boxer from the Senate who was 
instrumental in helping us in that body in adding some of these 
provisions.
  Again, this has complete flexibility. This is not a Federal mandate. 
Schools have to make the applications on the merits of their need for 
these safety improvements and for the financial contribution from the 
Federal Government. But they're willing to kick in their own dollars to 
help pay for these security improvements, metal detectors, locks on 
doors, locks on windows and training for security personnel.
  It doesn't get better than this when we can provide the money for 
even more schools and to protect even more students. That's our job, 
our responsibility as Members of Congress, to protect the people, as 
moms and dads, aunts and uncles, grandparents and friends of kids. My 
goodness, there's nothing more important than preventing harm to our 
children.
  I urge the adoption of this bill.

                              {time}  1715

  Mr. ISSA. Mr. Speaker, I yield back my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I appreciate everyone working 
together on this legislation. Schools will be safer if the bill passes. 
I would hope that it would be the pleasure of the House to pass the 
bill.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I support H.R. 2353, the 
``School Safety Enhancements Act of 2007'', which is aimed at making 
America a safer place. The bill under consideration addresses health 
and safety issues for children. I support this bill and I urge my 
colleagues to support this bill.
  H.R. 2353 is necessary and will ensure the protection and safety of 
our children in a learning environment. Violence at our schools have 
increased at an alarming rate in states such as California, Colorado, 
Illinois, Louisiana, Minnesota, Missouri, Ohio, Pennsylvania, 
Tennessee, Vermont, Virginia, Washington, and Wisconsin over the last 
few years. H.R. 2352 seeks to curb that stem of violence.
  H.R. 2352 increases authorized annual funding from $30 million to $50 
million for FY 2008-2009 for the Secure Our Schools grant program, and 
decreases the non-federal grant participation percentage from 50 
percent to 20 percent. It requires institutions of higher education to 
conduct annual campus safety assessments and develop and implement 
campus emergency response plans.
  This bill seeks to address the violence in our schools. It will 
ensure the safety of students and teachers and will make sure that 
education is the paramount concern of educators.
  The Act also increases the federal portion of the funding from 50 
percent to 80 percent, which decreases the non-federal portion from 50 
percent to 20 percent. According to the Community Oriented Policing 
Services (COPS) Office of the Department of Justice, which administers 
the Secure Our Schools grants, many of the poorer communities that need 
help the most have been unable to participate in the program because 
they cannot afford the previously required 50 percent non-federal grant 
match. The proposed change in non-federal funding is more in line with 
the COPS traditional 75/25 percent split, and should allow more 
participation in the program.
  The Act increases the possible uses of funding to include 
surveillance equipment, hotlines to report potentially dangerous 
situations and capital improvements to make school facilities more 
secure. Finally, the Act requires the establishment of an interagency 
task force to develop and promulgate advisory school safety guidelines.
  The Act amends the existing requirements for grant applications, and 
requires each grant application to be accompanied by a report, signed 
by the chief education officer and the attorney general or other chief 
legal officer, demonstrating that the proposed use of the grant funds 
is an effective means for improving school safety, is consistent with a 
comprehensive approach to preventing school violence, and meets the 
individualized needs of the particular school.
  Finally, the Act amends the Higher Education Act and requires each 
eligible participating institution to conduct an annual campus safety 
assessment, and develop and implement a campus emergency response plan 
to address emergency situations, including natural disasters, active 
shooter situations, and terrorist attacks. The bill is sponsored by Mr. 
Rothman, and has 52 cosponsors.


           my three amendments that were offered and accepted

  I have three amendments that I offered and that were accepted 
concerning this bill. The first extended the current requirement of 
establishing a hotline or tipline to include the reporting of hazardous 
conditions, including the presence of hazardous chemicals.
  The second one requires schools to develop and implement safety 
measures to protect students in the event of a terrorist attack or 
other hazardous condition or situation. It would further require that 
no funds would be disbursed unless the school had a safety plan in 
place to respond to a terrorist attach or other hazardous condition or 
situation.
  The need for schools to respond to hazardous conditions or situations 
is necessary because often children are confronted with hazardous 
conditions and they simply ignore them. This has been a big problem in 
the Houston Independent School district. For example, in Key Middle 
School students were getting sick because they were learning in 
classrooms where mold was growing on the walls and ceilings. The 
students saw the mold and were getting sick but they did not know how 
to respond. These amendments would ensure that children are aware of 
the toxicity of these chemicals and organic substances. This is a real 
threat. Key Middle School was subsequently closed because of the severe 
health risks posed to students. My call for student awareness, training 
and prevention as pertains to a terrorist attack does not need mach 
explanation. In light of the tragic events of 9/11, we can never be too 
cautious with schooling and protecting our children. Children need to 
know what to do and how to respond to dangerous situations during a 
terrorist threat.
  My last amendment goes to the heart of administrative practice. The 
original bill required that a taskforce create guidelines. Because the 
taskforce is to be established within 30 days of enactment of this act, 
my amendment allows the taskforce to convene and within 60 days issue a 
preliminary advisory school safety guideline and after that time it 
should provide the public with an opportunity through notice and 
comment and publish a final advisory school safety guideline not later 
than 30 days after the preliminary guidelines. This is good 
administrative practice and ensures public participation by students, 
teachers, and parents.
  I urge my colleagues to support this very important bill.
  Mr. SCOTT of Virginia. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Scott) that the House suspend the rules 
and pass the bill, H.R. 2352, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ISSA. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________