[House Report 116-91]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-91
======================================================================
SECURE COMMUNITIES AND SAFE SCHOOLS ACT
_______
May 30, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 2383]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2383) to amend the Homeland Security Act of 2002
to prohibit the expenditure of certain grant funds to purchase
firearms, and for other purposes, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 5
Federal Mandates Statement....................................... 6
Statement of General Performance Goals and Objectives............ 6
Duplicative Federal Programs..................................... 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
Minority Views................................................... 11
Purpose and Summary
The purpose of H.R. 2383, the ``Secure Communities and Safe
Schools Act,'' is to prevent Federal homeland security grant
dollars from being used to purchase firearms or firearm
accessories, particularly in schools. The bill would codify
restrictions on buying firearms or firearm accessories such as
ammunition, in schools or elsewhere, with State Homeland
Security Grant Program (SHSGP) or Urban Area Security
Initiative (UASI) funds.\1\
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\1\FEMA Preparedness Grants Manual. The Federal Emergency
Management Agency. April 2019. Accessed May 23, 2019. https://
www.fema.gov/media-library-data/1555010612902-
389f8b3351d06d759b01df2a8a851284/
FEMA_PreparednessGrantsManual_Final_508.pdf.
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Background and Need for Legislation
In recent years, there has been an added focus on school
security as school shootings have become more prevalent.
Estimates show that there were over 23 school shootings in the
first part of 2018 alone, which averaged more than one shooting
per week.\2\ In total, 113 people were tragical1y killed or
injured in a school shooting last year.\3\ According to media
reports, there were at least 15 school shootings in 2019.\4\ In
an effort to improve security in schools, there has been a push
to increase funding for school hardening and mental health
services.\5\ Some, including President Trump, have proposed
allowing Federal dollars to be used purchase firearms or
ammunition to arm teachers.\6\ In fact, at least one state's
governor asked President Trump to look into allowing homeland
security grants to be used for this purpose.\7\ Some states,
such as Florida, have moved forward with plans to arm teachers
in school,\8\ despite the fact that teachers\9\ and
families\10\ overwhelmingly oppose arming teachers in schools.
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\2\Ahmed, Saeed and Walker, Christina. ``There has been, on
average, 1 school shooting every week this year.'' CNN. May 25, 2018.
Accessed May 23, 2019. https://www.cnn.com/2018/03/02/us/school-
shootings-2018-list-trnd/index.html.
\3\Coughlan, Sean. ``2018 `worst year for US school shootings.'''
BBC. December 12, 2018. Accessed May 23, 2019. https://www.bbc.com/
news/business-46507514.
\4\Lou, Michelle and Walker, Christina. ``There have been 15 school
shootings in the US so far this year.'' CNN. May 9, 2019. Accessed May
23, 2019. https://www.cnn.com/2019/05/08/us/school-shootings-us-2019-
trnd/index.html.
\5\Weber, Andrew. ``Abbott Prioritizes Increasing Mental Health
Services, `Hardening' Schools To Reduce Shootings.'' NPR. May 30, 2018.
Accessed May 23, 2019. https://www.kut.org/post/abbott-prioritizes-
increasing-mental-health-services-hardening-schools-reduce-shootings.
\6\Landers, Elizabeth. ``Trump tweets support for arming teachers,
says `up to states.''' CNN. February 24, 2018. Accessed May 23, 2019.
https://www.cnn.com/2018/02/24/politics/trump-tweet-arming-teachers/
index.html.
\7\``LEGISLATION TO BLOCK FIREARM FUNDING FOR TEACHERS.''
Congresswoman Val Demings. April 29, 2019. Accessed May 23, 2019.
https://demings.house.gov/media/press-releases/legislation-block-
firearm-funding-teachers.
\8\Lemongello, Steven. ``DeSantis signs bill to arm teachers.'' May
8, 2019. Accessed May 23, 2019. https://www.orlandosentinel.com/
politics/os-ne-desantis-teachers-armed-bill-20190508-
dnp5senyo5gw5hczbbppkdgbmu-story.html.
\9\``Most U.S. Teachers Oppose Carrying Guns in Schools.'' Gallup.
March 16, 2018. Accessed May 23, 2019. https://news.gallup.com/poll/
229808/teachers-oppose-carrying-guns-schools.aspx.
\10\Postal, Leslie. ``Poll: Parents oppose arming teachers, fear
for kids' safety in school. July 17, 2018. Accessed May 23, 2019.
https://www.orlandosentinel.com/news/education/os-poll-parents-school-
safety-20180716-story.html.
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Arming teachers is not only opposed by school workers and
families but could result in schools being less safe and secure
as teachers are not trained law enforcement.\11\ Over the past
five years, there have been over 65 documented instances of
guns being mishandled in schools.\12\ There is some evidence
that the availability of firearms is closely related to
childhood gun fatalities.\13\
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\11\Arming Teachers is a dangerous proposal. Everytown for Gun
Safety. August 15, 2018. Accessed May 23, 2019. https://
everytownresearch.org/arming-teachers-dangerous-proposal/.
\12\Drane, Kelly. ``Every Incident of Mishandled Guns in Schools.''
Giffords Law Center. May 1, 2019. Accessed May 23, 2019. https://
giffords.org/2019/05/every-incident-of-mishandled-guns-in-schools/.
\13\Ingraham, Christopher. ``More than 26,000 children and teens
have been killed in gun violence since 1999.'' Washington Post. March
23, 2018. Accessed May 23, 2019. https://www.washingtonpost.com/news/
wonk/wp/2018/03/23/more-than-26000-children-and-teens-have-been-killed-
in-gun-violence-since-1999/?utm<term=.f44d9774dbcd.
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SHSGP is used to assist State, tribal, and local
governments with preparedness activities that address high-
priority preparedness gaps across all core capabilities where a
nexus to terrorism exists. UASI assists high-threat, high-
density urban areas to build and sustain the capabilities
necessary to prevent, protect against, mitigate, respond to,
and recover from terrorist attacks. These grants were
established to bolster terrorism preparedness and response
capabilities in the wake of the terrorist attacks on the United
States on September 11, 2001. In its seminal report, the
National Commission on Terrorist Attacks Upon the United States
(also referred to as the 9/11 Commission) recommended that
Congress provide funding, based on risk and vulnerability, to
support state and local efforts to develop robust preparedness
and response capabilities.\14\ The Committee has received
hearing testimony from witnesses stating that while the current
grants help recipients make critical investments in their
homeland security preparedness, more money is needed to protect
against the current, evolving threat landscape.\15\ Although
buying firearms with these funds is currently disallowed by
FEMA through administrative actions, this bill will make clear
for this and future Administrations that Congress will not
allow limited terrorism preparedness and response grants to be
diverted to purchase firearms, especially in schools.
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\14\The National Commission on Terrorist Attacks Upon the United
States, The 9/11 Commission Report 394-97 (2004).
\15\Improving the Federal Response: Perspectives on the State of
Emergency Management. 116th Congress. Chief James Waters,
Counterterrorism, New York Police Department. March 13, 2019. https://
homeland.house.gov/sites/democrats.homeland.house.gov/files/documents/
Testimony-Waters.pdf.
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Language prohibiting the use of UASI and SHSGP grants from
purchasing firearms and firearm accessories has received
bipartisan support as recently as the 115th Congress. The text
of this legislation was included in H.R. 4627, the ``Shielding
Public Spaces from Vehicular Terrorism Act,'' introduced by
then-Representative Dan Donovan (R-NY), which passed out of the
Committee on Homeland Security unanimously and passed the then-
Republican-controlled House by a voice vote. Additionally, a
bill introduced by Representative John Rutherford (R-FL), the
``STOP School Violence Act of 2018,'' that barred a Department
of Justice school safety grant program from being used to
purchase firearms or firearms trainings was included in
legislation that was signed into law.\16\
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\16\Public Law No. 115-141.
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H.R. 2383 is supported by the National Association of
School Resource Officers.
Hearings
The Committee did not hold a legislative hearing on H.R.
2383 in the 116th Congress; however, the Committee held the
following oversight hearings:
115th Congress
On April 23, 2018, the Committee held a hearing entitled
``Securing Our Communities: Federal Support to High-Risk Urban
Areas.'' The Committee received testimony from Mr. Thomas
DiNanno, Assistant Administrator for Grant Programs, Federal
Emergency Management Agency, Department of Homeland Security;
Mr. Brian Murphy, Acting Principal Deputy Under Secretary,
Office of Intelligence and Analysis, DHS; Bill Sweeney,
Assistant Director, Federal Bureau of Investigations; Mr. Chris
P. Currie, Director, Homeland Security and Justice Issues,
Government Accountability Office; Mr. John Miller, Deputy
Commissioner, New York Police Department; Chief Pfeifer, New
York City Fire Department; Mr. Joseph Esposito, Commissioner,
New York City Emergency Management; Mr. John Bilich, Chief
Security Officer, Port Authority of New York and New Jersey;
and Mr. Jared Maples, Director, New Jersey Office of Homeland
Security and Preparedness.
On July 9, 2018, the Committee held a hearing entitled
``Protecting Our Future: Addressing School Security Challenges
in America.'' The Committee received testimony from Mr. Jason
Botel, Deputy Assistant Secretary, Office of Elementary and
Secondary Education, U.S. Department of Education; Mr. Alan
Hanson, Principal Deputy Assistant Attorney General, Office of
Justice Programs, U.S. Department of Justice; Mr. Robert
Kolasky, Deputy Assistant Secretary, Office of Infrastructure
Protection, National Protection and Programs Directorate, U.S.
Department of Homeland Security; Mr. Jared Maples, Director,
Office of Homeland Security and Preparedness, State of New
Jersey; Mr. Ben Castillo, Director, Office of School
Preparedness and Emergency Planning, Department of Education,
State of New Jersey; Ms. Jeanne Hengemuhle, Commanding Officer,
Division of Human Resources Section, New Jersey State Police;
Mr. Timothy Gerity, President, New Jersey Association of School
Resource Officers; and Mr. Michael Reilly, President, Community
Education Council 31, Staten Island, New York.
116th Congress
On March 13, 2019, the Committee held a hearing entitled
``Improving the Federal Response: Perspectives on the State of
Emergency Management.'' The Committee received testimony from
Major Louis V. Bucchere, Commanding Officer, Emergency
Management Section, New Jersey State Police; Mr. Steve Reaves,
FEMA Local 4060 President, American Federation of Government
Employees (AFGE); Mr. Martin ``Marty'' Senterfitt, Fire Deputy
Chief & Director of Emergency Management, Monroe County,
Florida; and Mr. James Waters, Chief, Counterterrorism, NYPD.
Committee Consideration
The Committee met on May 15, 2019, with a quorum being
present, to consider H.R. 2383 and ordered the measure to be
reported to the House with a favorable recommendation, without
amendment, by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 2383.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises 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.
Congressional Budget Office Estimate, New Budget Authority, Entitlement
Authority, and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee adopts as its
own the estimate of the estimate of new budget authority,
entitlement authority, or tax expenditures or revenues
contained in the cost estimate prepared by the Director of the
Congressional Budget Office.
H.R. 2383 would prohibit federal funds provided by the
Federal Emergency Management Agency (FEMA) under two of the
agency's grant programs (the State Homeland Security Grant
Program and the Urban Areas Security Initiative) from being
used to purchase firearms or ammunition for use by teachers.
According to FEMA, the agency's current guidance and
policies prohibit the use of grants to purchase weapons and
ammunition. As a result, CBO estimates that H.R. 2383 would
have no effect on the federal budget.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 2383 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
2383 would require FEMA to continue its policy disallowing UASI
or SHSGP funding to be used to purchase firearms or firearm
accessories.
Advisory on Earmarks
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule
XXI.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
Secure Communities and Safe Schools Act''.
Sec. 2. Prohibition on expenditure of certain Homeland Security grant
funds to purchase firearms
This section would codify current FEMA grant guidance
restrictions on buying firearms or firearm accessories such as
ammunition, in schools or elsewhere, with SHSGP or UASI grant
funds.
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 italic and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to States and High-Risk Urban Areas
* * * * * * *
SEC. 2008. USE OF FUNDS.
(a) Permitted Uses.--The Administrator shall permit the
recipient of a grant under section 2003 or 2004 to use grant
funds to achieve target capabilities related to preventing,
preparing for, protecting against, and responding to acts of
terrorism, consistent with a State homeland security plan and
relevant local, tribal, and regional homeland security plans,
including by working in conjunction with a National Laboratory
(as defined in section 2(3) of the Energy Policy Act of 2005
(42 U.S.C. 15801(3))), through--
(1) developing and enhancing homeland security,
emergency management, or other relevant plans,
assessments, or mutual aid agreements;
(2) designing, conducting, and evaluating training
and exercises, including training and exercises
conducted under section 512 of this Act and section 648
of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 748);
(3) protecting a system or asset included on the
prioritized critical infrastructure list established
under section 2214(a)(2);
(4) purchasing, upgrading, storing, or maintaining
equipment, including computer hardware and software;
(5) ensuring operability and achieving
interoperability of emergency communications;
(6) responding to an increase in the threat level
under the Homeland Security Advisory System, or to the
needs resulting from a National Special Security Event;
(7) establishing, enhancing, and staffing with
appropriately qualified personnel State, local, and
regional fusion centers that comply with the guidelines
established under section 210A(i);
(8) enhancing school preparedness;
(9) enhancing the security and preparedness of secure
and nonsecure areas of eligible airports and surface
transportation systems;
(10) supporting public safety answering points;
(11) paying salaries and benefits for personnel,
including individuals employed by the grant recipient
on the date of the relevant grant application, to serve
as qualified intelligence analysts, regardless of
whether such analysts are current or new full-time
employees or contract employees;
(12) paying expenses directly related to
administration of the grant, except that such expenses
may not exceed 3 percent of the amount of the grant;
(13) any activity permitted under the Fiscal Year
2007 Program Guidance of the Department for the State
Homeland Security Grant Program, the Urban Area
Security Initiative (including activities permitted
under the full-time counterterrorism staffing pilot),
or the Law Enforcement Terrorism Prevention Program;
and
(14) any other appropriate activity, as determined by
the Administrator.
(b) Limitations on Use of Funds.--
(1) In general.--Funds provided under section 2003 or
2004 may not be used--
(A) to supplant State or local funds, except
that nothing in this paragraph shall prohibit
the use of grant funds provided to a State or
high-risk urban area for otherwise permissible
uses under subsection (a) on the basis that a
State or high-risk urban area has previously
used State or local funds to support the same
or similar uses; or
(B) for any State or local government cost-
sharing contribution.
(2) Personnel.--
(A) In general.--Not more than 50 percent of
the amount awarded to a grant recipient under
section 2003 or 2004 in any fiscal year may be
used to pay for personnel, including overtime
and backfill costs, in support of the permitted
uses under subsection (a).
(B) Waiver.--At the request of the recipient
of a grant under section 2003 or 2004, the
Administrator may grant a waiver of the
limitation under subparagraph (A).
(3) Limitations on discretion.--
(A) In general.--With respect to the use of
amounts awarded to a grant recipient under
section 2003 or 2004 for personnel costs in
accordance with paragraph (2) of this
subsection, the Administrator may not--
(i) impose a limit on the amount of
the award that may be used to pay for
personnel, or personnel-related, costs
that is higher or lower than the
percent limit imposed in paragraph
(2)(A); or
(ii) impose any additional limitation
on the portion of the funds of a
recipient that may be used for a
specific type, purpose, or category of
personnel, or personnel-related, costs.
(B) Analysts.--If amounts awarded to a grant
recipient under section 2003 or 2004 are used
for paying salary or benefits of a qualified
intelligence analyst under subsection (a)(10),
the Administrator shall make such amounts
available without time limitations placed on
the period of time that the analyst can serve
under the grant.
(4) Construction.--
(A) In general.--A grant awarded under
section 2003 or 2004 may not be used to acquire
land or to construct buildings or other
physical facilities.
(B) Exceptions.--
(i) In general.--Notwithstanding
subparagraph (A), nothing in this
paragraph shall prohibit the use of a
grant awarded under section 2003 or
2004 to achieve target capabilities
related to preventing, preparing for,
protecting against, or responding to
acts of terrorism, including through
the alteration or remodeling of
existing buildings for the purpose of
making such buildings secure against
acts of terrorism.
(ii) Requirements for exception.--No
grant awarded under section 2003 or
2004 may be used for a purpose
described in clause (i) unless--
(I) specifically approved by
the Administrator;
(II) any construction work
occurs under terms and
conditions consistent with the
requirements under section
611(j)(9) of the Robert T.
Stafford Disaster Relief and
Emergency Assistance Act (42
U.S.C. 5196(j)(9)); and
(III) the amount allocated
for purposes under clause (i)
does not exceed the greater of
$1,000,000 or 15 percent of the
grant award.
(5) Recreation.--Grants awarded under this subtitle
may not be used for recreational or social purposes.
(6) Firearms.--A grant awarded under section 2003 or
2004 may not be used to purchase firearms or firearms
accessories, such as ammunition, including for use by
teachers.
(c) Multiple-Purpose Funds.--Nothing in this subtitle shall
be construed to prohibit State, local, or tribal governments
from using grant funds under sections 2003 and 2004 in a manner
that enhances preparedness for disasters unrelated to acts of
terrorism, if such use assists such governments in achieving
target capabilities related to preventing, preparing for,
protecting against, or responding to acts of terrorism.
(d) Reimbursement of Costs.--
(1) Paid-on-call or volunteer reimbursement.--In
addition to the activities described in subsection (a),
a grant under section 2003 or 2004 may be used to
provide a reasonable stipend to paid-on-call or
volunteer emergency response providers who are not
otherwise compensated for travel to or participation in
training or exercises related to the purposes of this
subtitle. Any such reimbursement shall not be
considered compensation for purposes of rendering an
emergency response provider an employee under the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
(2) Performance of federal duty.--An applicant for a
grant under section 2003 or 2004 may petition the
Administrator to use the funds from its grants under
those sections for the reimbursement of the cost of any
activity relating to preventing, preparing for,
protecting against, or responding to acts of terrorism
that is a Federal duty and usually performed by a
Federal agency, and that is being performed by a State
or local government under agreement with a Federal
agency.
(e) Flexibility in Unspent Homeland Security Grant Funds.--
Upon request by the recipient of a grant under section 2003 or
2004, the Administrator may authorize the grant recipient to
transfer all or part of the grant funds from uses specified in
the grant agreement to other uses authorized under this
section, if the Administrator determines that such transfer is
in the interests of homeland security.
(f) Equipment Standards.--If an applicant for a grant under
section 2003 or 2004 proposes to upgrade or purchase, with
assistance provided under that grant, new equipment or systems
that do not meet or exceed any applicable national voluntary
consensus standards developed under section 647 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747),
the applicant shall include in its application an explanation
of why such equipment or systems will serve the needs of the
applicant better than equipment or systems that meet or exceed
such standards.
* * * * * * *
MINORITY VIEWS
While the purchase of firearms or firearms accessories or
the purchase of ammunition is not permitted under the State
Homeland Security Grant Program (SHSGP) or under the Urban Area
Security Initiative (UASI) Grant Program currently, that
prohibition is solely based on policy and not as a matter of
law.
We are concerned that codifying this prohibition into law
would eliminate any future flexibilities for state and local
law enforcement to address specific threats of terrorism.
Congress should encourage these communities to come up with
appropriate solutions to stop violent acts instead of
preemptively limiting their options.
The threat landscape is constantly evolving and it is
imperative that those receiving SHSGP or UASI grant funding
should be able accommodate accordingly.
Mike Rogers,
Ranking Member.