[House Report 108-303]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-303
======================================================================
 
     REAUTHORIZATION OF MATCHING GRANT PROGRAM FOR SCHOOL SECURITY

                                _______
                                

October 7, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2685]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 2685) to amend the Omnibus Crime Control and Safe Streets 
Act of 1968 to reauthorize the Matching Grant Program for 
School Security, having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Vote of the Committee............................................     2
Committee Oversight Findings.....................................     2
New Budget Authority and Tax Expenditures........................     2
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     4
Constitutional Authority Statement...............................     4
Section-by-Section Analysis and Discussion.......................     4
Changes in Existing Law Made by the Bill, as Reported............     4
Markup Transcript................................................     4

                          Purpose and Summary

    H.R. 2685 would reauthorize the Secure Our Schools grant 
program, which is currently authorized through fiscal year 
2003. H.R. 2685 would extend the authorization through 2008. 
The Secure Our Schools program provides matching grants to 
State and local governments to help cover the cost of security 
measures such as the placement and use of metal detectors, 
locks, lighting, and other deterrent measures; security 
assessments; security training for students and personnel; 
coordination with local law enforcement; and other measures 
that could significantly increase a school's security.

                Background and Need for the Legislation

    The Secure Our Schools program gives grant recipients the 
opportunity to purchase school safety equipment and to 
establish programs to enhance school safety efforts. The 
program addresses a variety of existing and emerging school 
security problems through responses that range from traditional 
to innovative and that rely on both new technology and the 
experience of school administrators and law enforcement 
professionals.
    The program is run through the Community Oriented Policing 
Services Office. The COPS Office expanded its range of programs 
in fiscal year 2002 to include Secure Our Schools. Secure Our 
Schools distributed $5 million to help 68 schools in high-risk 
areas respond to growing safety concerns. Grantees are required 
to contribute a local match of 50 percent towards the total 
cost of the approved grant project.
    The Committee notes that it is currently working on a 
broader reform of COPS Office programs to be included in the 
Department of Justice Authorization bill, H.R. 3036. The Secure 
Our Schools program may be included within that broader reform.

                                Hearings

    No hearings were held on H.R. 2685 in the Committee on the 
Judiciary.

                        Committee Consideration

    On September 24, 2003, the Committee met in open session 
and ordered favorably reported the bill H.R. 2685 without 
amendment by voice vote, a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the Committee's consideration of 
H.R. 2685.

                      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 on 
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.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives 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. 2685, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                                September 30, 2003.
Hon. F. James Sensenbrenner, Jr.,
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. 2685, a bill to 
amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
reauthorize the Matching Grant Program for School Security.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                               Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 2685--A bill to amend the Omnibus Crime Control and Safe Streets 
        Act of 1968 to reauthorize the Matching Grant Program for 
        School Security

    Summary: H.R. 2685 would authorize the appropriation of $30 
million for each of fiscal years 2004 through 2008 for the 
Department of Justice to make grants to state and local 
governments to improve school security. CBO estimates that 
implementing the bill would cost $113 million over the 2004-
2008 period, subject to appropriation of the authorized 
amounts. Enacting H.R. 2685 would not affect direct spending or 
revenues.
    H.R. 2685 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would benefit state, local, and tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2685 is shown in the following table. 
CBO assumes that the amounts authorized by the bill will be 
appropriated near the start of each fiscal year and that 
outlays will follow the historical rate of spending for similar 
programs. The costs of this legislation fall within budget 
function 750 (administration of justice).

------------------------------------------------------------------------
                                         By fiscal year, in millions of
                                                   dollars--
                                      ----------------------------------
                                        2004   2005   2006   2007   2008
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization level..................     30     30     30     30     30
Estimated outlays....................      7     18     29     30     30
------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 2685 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would extend a matching grant program 
for state, local, and tribal governments to provide improved 
security at schools and on school grounds. Any costs to those 
governments would be incurred voluntarily as conditions of 
federal aid.
    Estimate prepared by: Federal Costs: Mark Grabowicz. Impact 
on State, Local, and Tribal Governments: Melissa Merrell. 
Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    H.R. 2685 reauthorizes funding for the Secure Our Schools 
grant program. This program makes matching grants to States and 
local governments to cover the cost of school security 
mechanisms and the Committee expects that the grants will be 
used to make schools safer.

                   Constitutional Authority Statement

    Pursuant to clause 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

    Section 1. Reauthorization Of Matching Grant Program For 
School Security. This section extends the authorization for 
this program--which is set to expire at the end of fiscal year 
2003--until the end of fiscal year 2008.

         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 (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

 SECTION 2705 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968


SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
part $30,000,000 for each of fiscal years 2001 through [2003] 
2008.

            Markup Transcript, Wednesday, September 24, 2003

    Pursuant to notice, I now call up the bill H.R. 2685 to 
amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
reauthorize the Matching Grant Program for School Security, for 
purposes of markup and move its favorable recommendation to the 
House.
    Without objection, the bill will be considered as read and 
open for amendment at any point.
    [H.R. 2685 follows:]
    
    
    Chairman Sensenbrenner. We do need to move along. Are there 
amendments?
    Mr. Conyers. I move the previous question.
    Chairman Sensenbrenner. If there are no amendments, a 
reporting quorum is present. Those in favor of reporting the 
bill favorably will say aye? Opposed, no?
    The ayes appear to have it. The ayes have it, and the 
motion to report favorably is agreed to.
    Without objection, all members may introduce statements 
into the record. Without objection, the chairman is authorized 
to move to go to conference pursuant to House Rules. Without 
objection, the staff is directed to make any technical and 
conforming changes, and all members will be given 2 days as 
provided by the rules in which to submit additional, 
dissenting, supplemental, or minority views.

                     Statement of John Conyers, Jr.

    I am a strong supporter of the bill before us today, legislation 
that amends the Omnibus Crime Control and Safe Street Act of 1968 to 
reauthorize the ``Matching Grant Program for School Security.''
    The level of gun (and other acts of random) violence occurring at 
our schools is increasing at an astonishing rate.
    --March 24, 1998, four girls and a teacher were shot to death and 
10 other wounded in Jonesboro, Arkansas, when two teenage boys, ages 11 
and 13, opened fire from the woods.
    --December 1, 1997, three students were killed and five others 
wounded in West Paducah, Kentucky by a 14 year old student at Heath 
High School.
    --And we all remember the tragic events that occurred on April 20, 
1999 in Littleton, Colorado. On that day, two young men wearing long, 
black trench coats opened fire in a suburban high school, injuring 20 
students, killing as many as 15.
    H.R. 2685 seeks to address this problem. It reauthorizes a 
voluntary matching grant program for school security. Fifty percent of 
the costs of providing increased security is covered by the federal 
government, while the other fifty percent is paid for by the 
participating state, locality, or Indian tribe.
    The bill specifically directs the Attorney General to make grants 
($30 million for each of the fiscal years 2004-2008) to states, units 
of local government, and Indian tribes for school security. The grants 
will be distributed directly to these entities. The grants may be used 
for the following purposes:
         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;
         any other measure that the Director determines may 
        provide a significant improvement in security.
    Last year, the ``Secure Our Schools'' program distributed $5 
million in grants that helped 68 schools in 27 states purchase and 
implement school security measures. These measures included the 
installation of new metal detectors and security cameras, training 
personnel in security issues, and working with local law enforcement on 
coordinated efforts designed to keep schools safe and secure.
    While we haven't met with much success in our past efforts to keep 
guns out of the hands of dangerous individuals, hopefully the steps we 
are taking today will prevent innocent children from becoming future 
victims. I strongly urge my colleagues to support this commonsense 
proposal.
                                 ______
                                 

                       Statement of Howard Coble

    In the past decade we have been terrified by images on the news of 
violence in our schools. We have witnessed school shootings across this 
country from Littleton, CO to Paducah, KY, and now just a few days ago, 
another attempt, in Denver, CO. It seems no school system and no city 
is immune to violence in its schools. Despite recent declines in the 
victimization rates at school, students age 12 through 18 were victims 
of about 700,000 violent crimes and 1.2 million crimes of theft at 
school in the year 2000. Violence, theft, bullying, drugs, and firearms 
remain problems in many schools throughout the country indicating that 
more remains to be done to make our schools safer.
    H.R. 2685, as introduced, would reauthorize the Secure Our Schools 
grant program from 2003 until 2008. The Secure Our Schools program 
provides grants to help cover the cost of security measures such as the 
placement and use of metal detectors, locks, lighting, and other 
deterrent measures; security assessments; security training for 
students and personnel; coordination with local law enforcement; and 
other measures that could significantly increase the school's security.
    This legislation and the program it reauthorizes cannot solve the 
problem of school violence; however, it is one additional measure we 
can give to the schools to help them prevent violence and keep the 
focus in the schools on learning. The Secure Our Schools (SOS) program 
gives grant recipients the opportunity to establish and enhance school 
safety equipment and programs to continue to enhance school safety 
efforts within their communities. The program addresses a variety of 
existing and emerging problems relating to school security, through 
responses that range from traditional to innovative, and rely on new 
technology and the experience of school administrators and law 
enforcement professionals.
    In fiscal year 2002, the program distributed $5 million to help 68 
schools in high risk areas respond to growing safety concerns. Grantees 
are required to contribute a local match of 50 percent towards the 
total cost of the approved grant project. The program is run through 
the Community Oriented Policing System, which expanded its range of 
programs in fiscal year 2002 to include Secure Our Schools. Although I 
fully support the markup of this legislation today and the 
reauthorization of this program, I am also aware that the COPS program 
is under discussion as one of the items we may include in the DOJ 
reauthorization bill and this program could be included in that vehicle 
as well.
    I thank my colleagues and urge your support of this legislation.
                                 ______
                                 

                 Statement of Robert C. ``Bobby'' Scott

    Thank you, Mr. Chairman for holding this markup on H.R. 2685. In 
the 106th Congress, in the wake of the Columbine and other school 
violence incidents, we passed the ``Secure Our Schools Act'', to 
provide a 50% matching grant program to States, units of local 
government, and Indian tribes to help pay for improved school security, 
including the placement and use of metal detectors and other deterrent 
measures in schools and on school grounds. The bill was sponsored by 
Congressman Steve Rothman of New Jersey, then a member of this 
Committee, along with then Chairman Hyde, Ranking Members Conyers, 
myself and 7 other members of this Committee. The program has proven to 
be very useful helping to provide for safer schools.
    The authorization for the program ends this year. The need for 
security in our schools continues, including the need to upgrade 
existing equipment to obtain more effective units. H.R. 2685 continues 
the program and extends its authorization to 2008. I urge my colleagues 
to support the bill.
                                 ______
                                 

                    Statement of Sheila Jackson-Lee

    Mr. Chairman and Mr. Ranking Member, thank you, once again, for 
your efforts to coordinate this markup hearing on the bills that we 
have before the Committee. I was an original co-sponsor of this bill, 
and I therefore support this bill, H.R. 2685, to reauthorize the 
Marching Grant Program for School Security, which would otherwise 
expire at the end of Fiscal Year 2003. Reauthorizing this grant program 
to the end of Fiscal Year 2008 is both reasonable and necessary for the 
pressing needs of our high-risk schools.
    Under the ``Secure Our Schools Act,'' or the Omnibus Crime Control 
and Safe Streets Act of 1968 codified as 42 U.S.C. Sec. 3789d, 
municipalities can apply for funds to install metal detectors, locks, 
improved lighting, and other deterrent measures that will help keep 
students safe. Additionally, resources can be used for school security 
assessments, security training of personnel and students, and for 
improved coordination with local law enforcement officials. The 
``Security Our Schools Act'' is a voluntary, matching grant program 
that calls for the federal government to pay for 50 percent of the 
security measures, with the state or local government covering the 
remainder of the cost.
    The Omnibus Crime Control and Safe Streets Act of 1968 is 
noteworthy as the first federal program designed specifically as a 
block grant. It was passed during the Johnson Administration to address 
concerns over rising crime rates and an abundance of civil 
disturbances. It also reflected President Johnson's policy beliefs that 
the federal government should do more to assist state and local law 
enforcementagencies. Funds were allocated to states on a per capita 
formula to be used in any purpose associated with reducing crime.
    The reauthorization of this bill to continue funding of the Secure 
Our Schools grant program will provide benefits that will potentially 
alleviate problems in Houston, Texas as well. In my Congressional 
District, the Houston Independent School District (HISD) is the largest 
school district in Texas, made up of two contiguous school feeder 
patterns and serving 212,000 students. The HISD includes students from 
90 countries, of whom 53% are Hispanic, 34% are African American, 11% 
are Caucasian, and 2% are Asian Americans. There are 59,000 limited-
English-proficient students, a population larger than 90% of all school 
districts in the nation. Unfortunately, the school district is burdened 
by poverty, juvenile crime, violent behavior, delinquency, truancy, 
alcohol and drug use, and other adverse social conditions. Student 
involvement with alcohol and drugs is over-represented at every grade 
level. Even at the elementary school level, rates of marijuana use 
doubled from 2% in 1996 to 4% in 1998. The school district also has 
high rates of school violence and victimization, suspensions, drop-out, 
truancy, and expulsions. Therefore, it is vital that the high-risk 
schools in Houston's HISD have access to the aid provided by the 
``Secure Our Schools'' grant program, or H.R. 2685.
    Mr. Chairman and Mr. Ranking Member, thank you for this 
opportunity.

    The business for which this markup has been called having 
been completed, the committee stands adjourned.
    [Whereupon, at 12:32 p.m., the committee was adjourned.]

                                
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