[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.

                                
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