[Senate Report 117-29]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 102

  
117th Congress  }                                            {    Report
                                  SENATE                          
1st Session     }                                            {    117-29
_______________________________________________________________________

                                     

                                                       


                      LUKE AND ALEX SCHOOL SAFETY 
                              ACT OF 2021

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                 S. 111

            TO ESTABLISH THE FEDERAL CLEARINGHOUSE ON SCHOOL
             SAFETY BEST PRACTICES, AND FOR OTHER PURPOSES
             
             




                 July 19, 2021.--Ordered to be printed
                 
                 
                 
                          ______

             U.S. GOVERNMENT PUBLISHING OFFICE 
19-010                WASHINGTON : 2021                  
                 
                 
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
         Christopher J. Mulkins, Director of Homeland Security
                Benjamin J. Schubert, Research Assistant
                Pamela Thiessen, Minority Staff Director
  Andrew C. Dockham, Minority Chief Counsel and Deputy Staff Director
          Cara G. Mumford, Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk
                     
                     
                     

                                                       Calendar No. 102
                                                       
                                                       
117th Congress  }                                               {  Report
                                  SENATE
 1st Session    }                                               {  117-29

======================================================================



 
                LUKE AND ALEX SCHOOL SAFETY ACT OF 2021

                                _______
                                

                 July 19, 2021.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 111]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 111) to establish 
the Federal Clearinghouse on School Safety Best Practices, and 
for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................2
 IV. Section-by-Section Analysis of the Bill, as Reported.............3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5

                         I. Purpose and Summary

    The purpose of S. 111, the Luke and Alex School Safety Act 
of 2021 (LASSA), is to codify the Federal Clearinghouse on 
School Safety Best Practices (``Clearinghouse''). The 
Clearinghouse is designed to inform school and community 
officials and parents on the best practices for school safety 
measures, as well as available resources for implementing such 
measures in their schools, and specify criteria for best 
practices and a process for the Clearinghouse. Specifically 
this bill aims to create a codified structure for the 
Clearinghouse, which would be the primary resource of the 
Federal Government to identify and publish the best practices 
and recommendations for school safety for use by State and 
local educational agencies, institutions of higher education, 
State and local law enforcement agencies, health professionals, 
and the general public. The bill also requires the Federal 
agencies involved in the development of the Clearinghouse--the 
Department of Homeland Security (DHS), Department of Justice 
(DOJ), the Department of Health and Human Services (HHS), and 
the Department of Education (Education)--to notify their state 
counterparts of the Clearinghouse and to identify available 
Federal and state grant programs for implementing Clearinghouse 
best practices.\1\
---------------------------------------------------------------------------
    \1\On November 6, 2019, the Committee approved S. 2779, the Luke 
and Alex School Safety Act with amendments. That bill is substantially 
similar to S. 111. Accordingly, this committee report is in many 
respects similar to the committee report for S. 2779, S. Rept. No. 116-
193.
---------------------------------------------------------------------------

              II. Background and Need for the Legislation

    The Federal Commission on School Safety, established 
following the mass shooting at Marjory Stoneman Douglas High 
School in Parkland, Florida, released its final report on 
December 18, 2018.\2\ The Federal Commission made the following 
recommendation:
---------------------------------------------------------------------------
    \2\Federal Commission on School Safety, Final Report of the Federal 
Commission on School Safety (Dec. 18, 2018) (https://www2.ed.gov/
documents/school-safety/school-safety-report.pdf).
---------------------------------------------------------------------------
          One of the biggest concerns raised by schools and 
        school districts since the Parkland shooting has been 
        their inability to easily sift through the multitude of 
        security options, equipment, technologies, etc., that 
        are available to their schools. As a way to address 
        this, many individuals in the school security community 
        have suggested the establishment of a federal 
        clearinghouse that could assess, identify, and share 
        best practices on school security. The federal 
        government should develop a clearinghouse to assess, 
        identify, and share best practices related to school 
        security measures, technologies, and innovations.\3\
---------------------------------------------------------------------------
    \3\Id. at 126.
---------------------------------------------------------------------------
    The bill requires Education, HHS, DHS, and DOJ to 
coordinate in establishing and maintaining the Clearinghouse to 
inform the public on the best practices for school safety 
measures, as well as ensure the Clearinghouse contents remain 
current and responsive to evolving best practices. The bill 
also requires these agencies to notify their state and local 
level partners about the Clearinghouse and survey existing 
grant programs or resources that can be used to improve school 
safety. The Clearinghouse is further required to develop 
materials to assist parents seeking to identify the best 
practices in place in their schools and how to engage with 
appropriate school and community officials for implementing 
best practices.

                        III. Legislative History

    Senator Ron Johnson introduced S. 111, the Luke and Alex 
School Safety Act, on January 28, 2021, with Senators Marco 
Rubio and Rick Scott as co-sponsors. The bill was referred to 
the Senate Committee on Homeland Security and Governmental 
Affairs, and the committee considered S. 111 at a business 
meeting on March 17, 2021. The Committee ordered the bill 
reported favorably without amendment en bloc by voice vote. 
Senators present for the vote were: Peters, Rosen, Padilla, 
Portman, Johnson, Lankford, Romney, Scott, and Hawley.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the short title of the bill as the 
``Luke and Alex School Safety Act of 2021.''

Section 2. Federal Clearinghouse on school safety best practices

    This section establishes the Clearinghouse in the Homeland 
Security Act of 2002. The Clearinghouse is required to be 
developed by DHS, in coordination with Education, DOJ, HHS, and 
will serve as the primary resource of the Federal Government to 
identify and publish the best practices and recommendations for 
school safety. The Clearinghouse best practices and 
recommendations must involve comprehensive school safety 
measures to improve the safety posture of a school if 
implemented, include any evidence or research supporting how 
the best practice will improve the safety posture of a school, 
and include information on available Federal grants or 
resources to help implement the best practices. This section 
exempts the Clearinghouse from the Paperwork Reduction Act and 
the Federal Advisory Committee Act to increase and facilitate 
engagement with non-governmental entities.
    The bill allows the Clearinghouse to consult with a variety 
of officials, experts, and stakeholders in developing the 
Clearinghouse, such as parents, state, local, and Tribal 
officials, school security officers, security industry 
professionals, psychologists and mental health professionals, 
and architects and design professionals. The Clearinghouse is 
also required to consider recommendations of past commissions 
on school safety.
    This section requires the Clearinghouse to continuously 
update and improve its contents. The Clearinghouse is required 
to establish an external advisory board consisting of 
government, private sector, and nongovernmental organizations, 
including school parents. This board will provide feedback on 
the implementation of Clearinghouse best practices, as well as 
challenges faced in implementation, and propose additional 
safety measures for potential inclusion as a Clearinghouse best 
practice. This section also requires the Clearinghouse to 
create materials specifically for parents to identify 
Clearinghouse best practices in their schools and to engage 
with relevant school and government officials on implementation 
of best practices.

Section 3. Notification of Clearinghouse

    This section requires DHS, DOJ, HHS, and Education to issue 
written notification to their state and local government 
counterparts about the Clearinghouse, as well as to every 
appropriate partner that serves a role in school safety.

Section 4. Grant Program review

    This section requires DHS, DOJ, HHS, and Education to 
review and report to Congress on all Federal grant programs 
that could be used to implement any best practices of the 
Clearinghouse. The agencies must also try to identify such 
grant programs administered by each state. Additionally, the 
Clearinghouse must identify any recommendations for which there 
is not a Federal grant program that could be used to implement 
a best practice.

Section 5. Rule of Construction

    This section clarifies that nothing in this bill creates, 
satisfies, or waives any requirement under title II of the 
Americans with Disabilities Act of 1990, the Rehabilitation Act 
of 1973, title VI of the Civil Rights Act of 1964, title IX of 
the Education Amendments of 1972, and the Age Discrimination 
Act of 1975. In addition, nothing in this bill authorizes 
Federal Government personnel to engage in activity prohibited 
by the Department of Education Organization Act.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 26, 2021.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 111, the Luke and 
Alex School Safety Act of 2021.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aldo 
Prosperi.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    

    S. 111 would require the Department of Homeland Security 
(DHS), in coordination with other federal agencies, to 
disseminate information on school safety measures to state and 
local education agencies. The bill would direct DHS to work 
with other federal agencies to identify existing grant programs 
that can support school safety improvements.
    The bill also would require DHS to establish an advisory 
board composed of nonfederal entities to provide feedback on 
the information that the department distributes and to make 
recommendations for additional school safety measures.
    On the basis of information from DHS about the costs of 
similar activities, CBO estimates that staff salaries, travel 
costs, and other expenses would total about $1 million each 
year and $5 million over the 2021-2026 period; such spending 
would be subject to the availability of appropriations.
    The CBO staff contact for this estimate is Aldo Prosperi. 
The estimate was reviewed by Leo Lex, Deputy Director of Budget 
Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *


SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) * * *
    (b) Table of Contents.--The table of contents for this Act 
is as follows:
    Sec. 1. * * *

           *       *       *       *       *       *       *


Title XXII--Cybersecurity and Infrastructure Security Agency

           *       *       *       *       *       *       *


    2216. Federal Clearinghouse on School Safety and Best 
Practices.

           *       *       *       *       *       *       *


TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

           *       *       *       *       *       *       *


Subtitle A--Cybersecurity and Infrastructure Security

           *       *       *       *       *       *       *


SEC. 2216. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES.

    (a) Establishment.--
          (1) In general.--The Secretary, in coordination with 
        the Secretary of Education, the Attorney General, and 
        the Secretary of Health and Human Services, shall 
        establish a Federal Clearinghouse on School Safety Best 
        Practices (in this section referred to as the 
        ``Clearinghouse'') within the Department.
          (2) Purpose.--The Clearinghouse shall be the primary 
        resource of the Federal Government to identify and 
        publish online through SchoolSafety.gov, or any 
        successor website, the best practices and 
        recommendations for school safety for use by State and 
        local educational agencies, institutions of higher 
        education, State and local law enforcement agencies, 
        health professionals, and the general public.
          (3) Personnel.--
                  (A) Assignments.--The Clearinghouse shall be 
                assigned such personnel and resources as the 
                Secretary considers appropriate to carry out 
                this section.
                  (B) Detailees.--The Secretary of Education, 
                the Attorney General, and the Secretary of 
                Health and Human Services may detail personnel 
                to the Clearinghouse.
          (4) Exemptions.--
                  (A) Paperwork reduction act.--Chapter 35 of 
                title 44, United States Code (commonly known as 
                the ``Paperwork Reduction Act'') shall not 
                apply to any rulemaking or information 
                collection required under this section.
                  (B) Federal advisory committee act.--The 
                Federal Advisory Committee Act (5 U.S.C. App.) 
                shall not apply for the purposes of carrying 
                out this section.
    (b) Clearinghouse Contents.--
          (1) Consultation.--In identifying the best practices 
        and recommendations for the Clearinghouse, the 
        Secretary may consult with appropriate Federal, State, 
        local, Tribal, private sector, and nongovernmental 
        organizations.
          (2) Criteria for best practices and 
        recommendations.--The best practices and 
        recommendations of the Clearinghouse shall, at a 
        minimum--
                  (A) involve comprehensive school safety 
                measures, including threat prevention, 
                preparedness, protection, mitigation, incident 
                response, and recovery to improve the safety 
                posture of a school upon implementation;
                  (B) include any evidence or research 
                rationale supporting the determination of the 
                Clearinghouse that the best practice or 
                recommendation under subparagraph (A) has been 
                shown to have a significant effect on improving 
                the health, safety, and welfare of persons in 
                school settings, including--
                          (i) relevant research that is 
                        evidence-based, as defined in section 
                        8101 of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 7801), 
                        supporting the best practice or 
                        recommendation ;
                          (ii) findings and data from previous 
                        Federal or State commissions 
                        recommending improvements to the safety 
                        posture of a school; or
                          (iii) other supportive evidence or 
                        findings relied upon by the 
                        Clearinghouse in determining best 
                        practices and recommendations to 
                        improve the safety posture of a school 
                        upon implementation; and
                  (C) include information on Federal grant 
                programs for which implementation of each best 
                practice or recommendation is an eligible use 
                for the program.
          (3) Past commission recommendations.--To the greatest 
        extent practicable, the Clearinghouse shall present, as 
        appropriate, Federal, State, local, Tribal, private 
        sector, and nongovernmental organization issued best 
        practices and recommendations and identify any best 
        practice or recommendation of the Clearinghouse that 
        was previously issued by any such organization or 
        commission.
    (c) Assistance and Training.--The Secretary may produce and 
publish materials on the Clearinghouse to assist and train 
educational agencies and law enforcement agencies on the 
implementation of the best practices and recommendations.
    (d) Continuous Improvement.--The Secretary shall--
          (1) collect for the purpose of continuous improvement 
        of the Clearinghouse--
                  (A) Clearinghouse data analytics;
                  (B) user feedback on the implementation of 
                resources, best practices, and recommendations 
                identified by the Clearinghouse; and
                  (C) any evaluations conducted on 
                implementation of the best practices and 
                recommendations of the Clearinghouse; and
          (2) in coordination with the Secretary of Education, 
        the Secretary of Health and Human Services, and the 
        Attorney General--
                  (A) regularly assess and identify 
                Clearinghouse best practices and 
                recommendations for which there are no 
                resources available through Federal Government 
                programs for implementation; and
                  (B) establish an external advisory board, 
                which shall be comprised of appropriate State, 
                local, Tribal, private sector, and 
                nongovernmental organizations, including 
                organizations representing parents of 
                elementary and secondary school students, to--
                          (i) provide feedback on the 
                        implementation of best practices and 
                        recommendations of the Clearinghouse; 
                        and
                          (ii) propose additional 
                        recommendations for best practices for 
                        inclusion in the Clearinghouse.
    (e) Parental Assistance.--The Clearinghouse shall produce 
materials to assist parents and legal guardians of students 
with identifying relevant Clearinghouse resources related to 
supporting the implementation of Clearinghouse best practices 
and recommendations.

           *       *       *       *       *       *       *