[House Report 118-207]
[From the U.S. Government Publishing Office]


118th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                       {     118-207

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



 
             PROTECTING HUNTING HERITAGE AND EDUCATION ACT

                                _______
                                

 September 20, 2023.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Ms. Foxx, from the Committee on Education and the Workforce, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 5110]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 5110) to amend the Elementary and 
Secondary Education Act of 1965 to clarify that the prohibition 
on the use of Federal education funds for certain weapons does 
not apply to the use of such weapons for training in archery, 
hunting, or other shooting sports, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Protecting Hunting Heritage and 
Education Act''.

SEC. 2. CLARIFICATION OF PROHIBITION ON USE OF FEDERAL EDUCATION FUNDS 
                    FOR CERTAIN WEAPONS AND RELATED TRAINING.

  Section 8526(7) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7906(7)) is amended by inserting ``, except that this 
paragraph shall not apply to the use of funds under this Act for 
activities carried out under programs authorized by this Act that are 
otherwise permissible under such programs and that provide students 
with educational instruction or educational enrichment activities, such 
as archery, hunting, other shooting sports, or culinary arts'' before 
the period at the end.

                                Purpose

    Students should have access to a well-rounded education and 
safe, healthy recreation. Federal funds under the Elementary 
and Secondary Education Act (ESEA) should continue to be 
available for these kinds of activities, which should include 
access to the necessary equipment. And H.R. 5110, the 
Protecting Hunting Heritage and Education Act, is designed to 
clarify that such funds can be used for these purposes. In 
August, Rep. Mark Green (R-TN) and Rep. Richard Hudson (R-NC) 
introduced H.R. 5110, the Protecting Hunting Heritage and 
Education Act. The bill amends ESEA to clarify that the 
prohibition on the use of ESEA funds for certain weapons does 
not apply to programs for instruction or educational enrichment 
activities such as archery, hunting, other shooting sports, or 
culinary programs.

                            Committee Action


                             117TH CONGRESS

Second Session--Hearings

    On February 16, 2022, the Committee's Subcommittee on Early 
Childhood, Elementary, and Secondary Education (ECESE) held a 
hearing on ``Serving All Students: Promoting a Healthier, More 
Supportive School Environment.'' The purpose of the hearing was 
to examine school safety practices, such as seclusion and 
restraint and corporal punishment, and proposals to fund school 
districts' efforts to create positive school climates. 
Testifying before the subcommittee were Mr. Max Eden, Research 
Fellow, American Enterprise Institute, Washington D.C.; Ms. 
Kristen Harper, Vice President For Public Policy and 
Engagement, Child Trends, Bethesda, MD; Mr. Guy Stephens, 
Founder and Executive Director, Alliance Against Seclusion and 
Restraint, Solomons, MD; and Ms. Morgan Craven, National 
Director of Policy, Advocacy and Community Engagement, 
Intercultural Development Research Association, San Antonio, 
TX.
    On May 26, 2022, the Committee on Education and the 
Workforce held a hearing on ``Examining the Policies and 
Priorities of the U.S. Department of Education.'' The purpose 
of the hearing was to review the Fiscal Year 2023 budget 
priorities of the U.S. Department of Education and school 
safety was discussed. Testifying before the Committee was The 
Honorable Miguel Cardona, Secretary, U.S. Department of 
Education, Washington, D.C.
    On September 20, 2022, the Committee's Subcommittee on 
Early Childhood, Elementary, and Secondary Education (ECESE) 
held a hearing on ``Back to School: Meeting Students' Academic, 
Social and Emotional Needs.'' The purpose of the hearing was to 
examine how states and school districts are meeting the 
academic and mental health needs of students. Testifying before 
the subcommittee were Dr. Penny Schwinn, Commissioner, 
Tennessee Department of Education, Nashville, TN; Dr. Aaliyah 
A. Samuel, President and Chief Executive Officer, Collaborative 
for Academic, Social, and Emotional Learning, Chicago, IL; Dr. 
Matthew Blomstedt, Commissioner, Nebraska Department of 
Education, Lincoln, NE; and Ms. Phyllis Jordan, Associate 
Director, Future Ed, Georgetown University, Washington, D.C.

Legislative Action

    On September 29, 2021, Rep. Debbie Wasserman Schultz (D-FL) 
introduced H.R. 5428, the School Shooting Preparedness and 
Safety Act, with Reps. Lucy McBath (D-GA) and Jahana Hayes (D-
CT) as original co-sponsors. The bill was referred solely to 
the Committee on Education and Labor.
    On March 16, 2022, the Committee considered H.R. 5428 in 
legislative session and reported it favorably, as amended, to 
the House of Representatives by a recorded vote of 27-21. The 
Committee considered the following amendments to H.R. 5428:
          1. Rep. McBath offered an Amendment in the Nature of 
        a Substitute (ANS) to make conforming and technical 
        changes to the bill. The amendment was adopted by a 
        voice vote.
          2. Rep. Burgess Owens (R-UT) offered an amendment to 
        the ANS, representing the minority substitute. The 
        Owens amendment struck the definitions and mentions of 
        ``school shooting'' and ``mass shooting'' from the bill 
        and would require the Department of Education to 
        consult with the Department of Homeland Security in 
        collecting and publishing data on school safety while 
        eliminating the detailed data collection on school 
        shooting collected by the underlying bill. The 
        amendment was defeated by a recorded vote of 21-28.
          3. Rep. Elise Stefanik (R-NY) offered an amendment to 
        include data collection and reporting on the 
        implementation of bail reform, the presence of school 
        resource officers at schools, and the implementation of 
        alternative discipline practices in school districts 
        that have experienced a school shooting. The amendment 
        was defeated by a recorded vote of 22-27.
          4. Rep. Rick Allen (R-GA) offered an amendment to 
        include a study regarding school safety and school 
        choice, including whether increased school choice 
        increases perceptions of school safety. The amendment 
        was defeated by a recorded vote of 22-27.
    On July 26, 2022, Rep. John Joyce (R-PA) introduced H. Res. 
1273 to direct the President to provide certain documents to 
the House of Representatives in relation to communication 
between the executive branch and the American Federation of 
Teachers (AFT) regarding reopening schools and supporting safe, 
in-person learning. On September 15, 2022, the Committee 
considered H. Res. 1273 in legislative session and reported it 
unfavorably, as amended, to the House of Representatives by a 
vote of 28-21. The resolution was not considered on the House 
floor.

                             118TH CONGRESS

First Session--Hearings

    On February 8, 2023, the Committee on Education and the 
Workforce held a hearing on ``American Education in Crisis.'' 
The purpose of the hearing was to examine the state of American 
education, including the need to add transparency and 
accountability, to update the education system to serve the 
needs of students and families, and to protect and restore the 
rights of parents to have a say in their children's education; 
issues around school safety also were discussed. Testifying 
before the Committee were Ms. Virginia Gentles, Director, 
Education Freedom Center, Independent Women's Forum, Arlington, 
VA; Dr. Monty Sullivan, President, Louisiana Community and 
Technical College System, Baton Rouge, LA; Mr. Scott Pulsipher, 
President, Western Governors University, Salt Lake City, UT; 
and Mr. Jared Polis, Governor, State of Colorado, Denver, CO.

Legislative action

    On August 1, 2023, Rep. Mark Green (R-TN) introduced H.R. 
5110, the Protecting Hunting Heritage and Education Act, with 
Rep. Richard Hudson (R-NC) as an original co-sponsor. The bill 
was referred solely to the Committee on Education and the 
Workforce. On September 14, 2023, the Committee considered H.R. 
5110 in legislative session and reported it favorably, as 
amended, to the House of Representatives by a recorded vote of 
42-0. The Committee considered the following amendments to H.R. 
5110:
          1. Rep. Glenn Grothman (R-WI) offered an Amendment in 
        the Nature of a Substitute (ANS) to clarify the 
        prohibition on use of federal education funds for 
        certain weapons and related training. The amendment was 
        adopted by voice vote.

                            Committee Views


                              INTRODUCTION

    Students should have access to a well-rounded education and 
safe, healthy recreation. This includes access to a wide range 
of activities including programs such as school-based archery, 
hunting, and culinary arts classes. There is ample evidence 
that these classes are good for students, teach them safe 
habits, and help build self-esteem, patience, and discipline. 
Federal funds under the Elementary and Secondary Education Act 
(ESEA) should continue to be available for these kinds of 
activities, which should include access to the necessary 
equipment. H.R. 5110, the Protecting Hunting Heritage and 
Education Act, is designed to clarify that such funds can be 
used for these purposes.

Background on the importance of a wide range of activities in education

    While the General Education Provisions Act bans the 
Department of Education from dictating curriculum,\1\ ESEA 
recognizes the importance of access to a ``well-rounded 
education'' and authorizes federal funding for such 
programming.\2\ In addition to the core academic subjects and 
those associated with ``typical'' academic disciplines, the 
ESEA definition of ``well-rounded education'' includes ``arts, 
career and technical education, health, physical education, and 
any other subject, as determined by the State or local 
educational agency, with the purpose of providing all students 
access to an enriched curriculum and educational 
experience.''\3\ Research has shown the importance of a well-
rounded education and ensuring students acquire skills that 
promote solution oriented actions, working together, and 
critical thinking.\4\
---------------------------------------------------------------------------
    \1\General Education Provisions Act, 20 U.S.C. Sec. 1232(a) (``No 
provision of any applicable program shall be construed to authorize any 
department, agency, officer, or employee of the United States to 
exercise any direction, supervision, or control over the curriculum, 
program of instruction, administration, or personnel of any educational 
institution, school, or school system, or over the selection of library 
resources, textbooks, or other printed or published instructional 
materials by any educational institution or school system, or to 
require the assignment or transportation of students or teachers in 
order to overcome racial imbalance.'').
    \2\20 U.S.C. Sec. 7117.
    \3\20 U.S.C. Sec. 7802.
    \4\Nat'l Ctr. on Time & Learning, A Well-Rounded Education, Nat'l 
Ctr. on Time & Learning: Rsch, https://timeandlearning.org/research/
well-rounded-education (last visited Sep. 18, 2023).
---------------------------------------------------------------------------
    For example, some schools offer archery programming for 
their students. According to the National Archery in the 
Schools Program (NASP), more than one million students in 
nearly 9,000 schools participate in archery annually. According 
to NASP, 58 percent of participating students say they feel 
more connected with their school, 40 percent say they are more 
engaged in the classroom, and 91 percent pursue (or want to 
pursue) other outdoor activities thanks to NASP.\5\ There are 
also a number of schools that offer hunter education courses.
---------------------------------------------------------------------------
    \5\Nat'l Archery in the Schs. Program, Students Love Archery, Nat'l 
Archery in the Schs. Program: Magic of NASP, https://
www.naspschools.org/magic-of-nasp/ (last visited Sept. 18, 2023).
---------------------------------------------------------------------------
    Other schools offer courses in the culinary arts. Such 
courses can help students learn lifetime skills, promote 
healthy habits, and pique interest in the culinary arts career 
field.\6\ Students taking such courses have reported not only 
learning culinary skills but also increased self-confidence.\7\
---------------------------------------------------------------------------
    \6\Healthy-Food-Choices-In-Schools, Cooking with Kids in Schools: 
Why It Is Important, Healthy Food Choices In Schs. (June 12, 2019) 
https://healthy-food-choices-in-schools.extension.org/cooking-with-
kids-in-schools-why-it-is-important/.
    \7\Julian Ward, North Bend High School's culinary class gives 
students cooking skills and self-confidence, The World (Dec. 19, 2019) 
https://theworldlink.com/news/local/education/north-bend-high-schools-
culinary-class-gives-students-cooking-skills-and-self-confidence/
article_9c323517-baa6-593a-9210-f0f6fabbf960.html.
---------------------------------------------------------------------------

Recent changes to the law

    The Bipartisan Safer Communities Act (BSCA), enacted in 
June 2022, included a provision to prohibit ESEA funds from 
being used ``for the provision to any person of a dangerous 
weapon'' or ``training in the use of a dangerous weapon.''\8\ 
Federal law defines ``dangerous weapon'' as ``a weapon, device, 
instrument, material, or substance, animate or inanimate, that 
is used for, or is readily capable of, causing death or serious 
bodily injury, except that such term does not include a 
pocketknife with a blade of less than 2 1/2 inches in 
length.''\9\ The Department indicated that the language means 
that schools cannot use ESEA funds for programs that use such 
equipment. Bipartisan Senate negotiators did not intend to 
restrict use of ESEA funds on educational programming for 
students using ``dangerous weapons,'' such as archery, hunting, 
and culinary arts classes.
---------------------------------------------------------------------------
    \8\Bipartisan Safer Communities Act, Pub. L. No. 117-159, 
Sec. 13401, 136 Stat. 1313, 1338 (2022).
    \9\Id.; See 18 U.S.C. 930(g)(2).
---------------------------------------------------------------------------
    There is bipartisan support for clarifying that school and 
extra-curricular programs for students that use equipment that 
could be categorized as ``dangerous weapons,'' such as archery, 
hunting, and culinary arts classes, are permissible use of ESEA 
funds. As such, the Committee considered H.R. 5110 and reported 
out the bill favorably with a unanimous vote.

                               CONCLUSION

    It is important that students receive a well-rounded 
education. Programs such as hunting, archery, culinary arts 
courses, and other educational and enrichment programs can 
provide such an education. These opportunities should continue 
to remain available to students, and schools should be 
permitted to use federal funds to support these classes. The 
Protecting Hunting Heritage and Education Act will ensure that 
schools have clarity that federal funds may continue to be used 
for students to participate in such programs.

                                Summary

    H.R. 5110, the Protecting Hunting Heritage and Education 
Act, amends ESEA to clarify that the prohibition on the use of 
ESEA funds for certain weapons does not apply to programs for 
instruction or educational enrichment activities such as 
archery, hunting, other shooting sports, or culinary arts.

                  H.R. 5110 SECTION-BY-SECTION SUMMARY

Section 1. Short title

           Names the bill: ``Protecting Hunting 
        Heritage and Education Act''

Section 2--Clarification of prohibition on use of federal education 
        funds for certain weapons and related training

           Amends section 8526(7) of ESEA to clarify 
        that the prohibition on the use of federal funds for 
        training in certain weapons does not apply to 
        activities carried out under programs authorized by 
        ESEA that are otherwise permissible and that provide 
        students with educational instruction or educational 
        enrichment activities, such as archery, hunting, other 
        shooting sports, or culinary arts.

                       EXPLANATION OF AMENDMENTS

    The amendments, including the amendment in the nature of a 
substitute, are explained in the body of this report.

              APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

    Section 102(b)3 of Public Law 104-1 requires a description 
of the application of this bill to the legislative branch. H.R. 
5110 amends ESEA to clarify that the prohibition on the use of 
ESEA funds for certain weapons does not apply to programs for 
instruction or educational enrichment activities such as 
archery, hunting, other shooting sports, or culinary arts. H.R. 
5110 is applicable only to recipients of ESEA funds and 
therefore does not affect the legislative branch.

                       Unfunded Mandate Statement

    Pursuant to Section 423 of the Congressional Budget and 
Impoundment Control Act of 1974, Pub. L. No. 93-344 (as amended 
by Section 101(a)(2) of the Unfunded Mandates Reform Act of 
1995, Pub. L. No. 104-4), the Committee adopts as its own the 
cost estimate prepared by the Director of the Congressional 
Budget Office (CBO) pursuant to section 402 of the 
Congressional Budget and Impoundment Control Act of 1974.

                           Earmark Statement

    H.R. 5110 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the Rules of the House of 
Representatives.

                            Roll Call Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee Report to include for 
each record vote on a motion to report the measure or matter 
and on any amendments offered to the measure or matter the 
total number of votes for and against and the names of the 
Members voting for and against.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

         Statement of General Performance Goals and Objectives

    In accordance with clause (3)(c) of rule XIII of the Rules 
of the House of Representatives, the goal of H.R. 5110 amends 
ESEA to clarify that the prohibition on the use of ESEA funds 
for certain weapons does not apply to programs for instruction 
or educational enrichment activities such as archery, hunting, 
other shooting sports, or culinary arts.

                    Duplication of Federal Programs

    No provision of H.R. 5110 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the committee's oversight findings and recommendations are 
reflected in the body of this report.

            Required Committee Hearing and Related Hearings

    In compliance with clause 3(c)(6) of rule XIII of the Rules 
of the House of Representatives the following hearing held 
during the 118th Congress was used to develop or consider H.R. 
5110: on February 8, 2023, the Committee on Education and the 
Workforce held a hearing on ``American Education in Crisis.''

               New Budget Authority and CBO Cost Estimate

    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 has received 
the following estimate for H.R. 5110 from the Director of the 
Congressional Budget Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 5110 would amend the Elementary and Secondary 
Education Act of 1965 to allow schools to use federal education 
funds to purchase or use dangerous weapons (as defined in law) 
to train students in archery, hunting, other shooting sports, 
or culinary arts. CBO estimates that the cost to the Department 
of Education to implement the bill would be insignificant; any 
spending would be subject to the availability of appropriated 
funds.
    The CBO staff contact for this estimate is Garrett 
Quenneville. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.

                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                        Committee Cost Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 5110. 
However, clause 3(d)(2)(B) of that rule provides that this 
requirement does not apply when, as with the present report, 
the committee adopts as its own the cost estimate of the bill 
being prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

         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):

             ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965




           *       *       *       *       *       *       *
TITLE VIII--GENERAL PROVISIONS

           *       *       *       *       *       *       *


PART F--UNIFORM PROVISIONS

           *       *       *       *       *       *       *


Subpart 2--Other Provisions

           *       *       *       *       *       *       *


SEC. 8526. PROHIBITED USES OF FUNDS.

   No funds under this Act may be used--
          (1) for construction, renovation, or repair of any 
        school facility, except as authorized under this Act;
          (2) for transportation unless otherwise authorized 
        under this Act;
          (3) to develop or distribute materials, or operate 
        programs or courses of instruction directed at youth, 
        that are designed to promote or encourage sexual 
        activity, whether homosexual or heterosexual;
          (4) to distribute or to aid in the distribution by 
        any organization of legally obscene materials to minors 
        on school grounds;
          (5) to provide sex education or HIV-prevention 
        education in schools unless that instruction is age 
        appropriate and includes the health benefits of 
        abstinence;
          (6) to operate a program of contraceptive 
        distribution in schools; or
          (7) for the provision to any person of a dangerous 
        weapon, as defined in section 930(g)(2) of title 18, 
        United States Code, or training in the use of a 
        dangerous weapon, except that this paragraph shall not 
        apply to the use of funds under this Act for activities 
        carried out under programs authorized by this Act that 
        are otherwise permissible under such programs and that 
        provide students with educational instruction or 
        educational enrichment activities, such as archery, 
        hunting, other shooting sports, or culinary arts.

           *       *       *       *       *       *       *


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