[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\
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\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.
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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:
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\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\
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\3\Id. at 126.
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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.
* * * * * * *