[House Report 116-25] [From the U.S. Government Publishing Office] 116th Congress } { Report HOUSE OF REPRESENTATIVES 1st Session } { 116-25 ====================================================================== COORDINATING AND LEVERAGING ACTIVITIES FOR SCHOOL SECURITY ACT _______ March 28, 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 [To accompany H.R. 1593] The Committee on Homeland Security, to whom was referred the bill (H.R.1593) to amend the Homeland Security Act of 2002 to establish a school security coordinating council, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. CONTENTS Page Purpose and Summary.............................................. 2 Background and Need for Legislation.............................. 2 Hearings......................................................... 3 Committee Consideration.......................................... 4 Committee Votes.................................................. 4 Committee Oversight Findings..................................... 4 C.B.O. Estimate, New Budget Authority, Entitlement Authority, and Tax Expenditures............................................... 4 Federal Mandates Statement....................................... 4 Duplicative Federal Programs..................................... 5 Statement of General Performance Goals and Objectives............ 5 Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits....................................................... 5 Advisory Committee Statement..................................... 5 Applicability to Legislative Branch.............................. 5 Section-by-Section Analysis of the Legislation................... 5 Changes in Existing Law Made by the Bill, as Reported............ 6 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 ``Coordinating and Leveraging Activities for School Security Act'' or the ``CLASS Act of 2019''. SEC. 2. SCHOOL SECURITY COORDINATING COUNCIL. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section: ``SEC. 711. SCHOOL SECURITY COORDINATING COUNCIL. ``(a) Establishment.--There is established in the Department a coordinating council to ensure that, to the maximum extent practicable, activities, plans, and policies to enhance the security of an early childhood education program, elementary school, high school, or secondary schools against an act of terrorism are coordinated. ``(b) Composition.--The members of the council established pursuant to subsection (a) shall include the following: ``(1) The Under Secretary for Strategy, Policy, and Plans. ``(2) The Director of the Cybersecurity and Infrastructure Security. ``(3) The Administrator of the Federal Emergency Management Agency. ``(4) The Director of the Secret Service. ``(5) The Executive Director of the Office of Academic Engagement. ``(6) The Assistant Secretary for Public Affairs. ``(7) Any other official of the Department the Secretary determines appropriate. ``(c) Leadership.--The Secretary shall designate a member of the council to serve as chair of the council. ``(d) Reports.--Not later than January 30, 2021, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the council's activities during the preceding year, including information on any metrics regarding the efficacy of such activities and any engagement with stakeholders outside of the Federal Government. ``(e) Definitions.--In this section, the terms `early childhood education program', `elementary school', `high school', and `secondary school' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 710 the following new item: ``Sec. 711. School security coordinating council.''. Purpose and Summary H.R. 1593, ``Coordinating and Leveraging Activities for School Security (CLASS) Act'' would direct DHS to establish a council to coordinate activities, plans, and policies of the Department aimed at bolstering school security against acts of terrorism. Additionally, the legislation would require the Secretary to provide to the House of Representatives Committee on Homeland Security and the Senate Homeland Security and Governmental Affairs Committee an annual report of the council's activities during the preceding year, including information on any metrics regarding the efficacy of such activities. Background and Need for Legislation Soft targets like schools and universities have long been a security concern and addressing whether educational institutions are adequately prepared to respond to and effectively manage acts of terrorism, active shooters and other large-scale emergencies continues to be a challenge for communities. In the 19 years since the horrific massacre at Columbine High School in Littleton, Colorado that left 13 people dead, U.S. schools continue to be subject to mass shootings. The 2017-2018 school year saw a record number of school shootings. Between January and May 2018, school shootings averaged one per week.\1\ --------------------------------------------------------------------------- \1\Saeed Ahmed and Christina Walker, ``There has been, on average, 1 school shooting every week this year,'' CNN. May 25, 2018. Accessed on September 11, 2018. https://www.cnn.com/2018/03/02/us/school- shootings-2018-list-trnd/index.html. --------------------------------------------------------------------------- Although Federal, State, and local preparedness efforts have improved in recent years, in 2016, the Government Accountability Office (GAO) found that while about half of school districts surveyed practiced emergency exercises with law enforcement every year, schools struggle to fund security priorities.\2\ --------------------------------------------------------------------------- \2\Government Accountability Office, ``Emergency Management: Improved Federal Coordination Could Better Assist K-12 Schools Prepare for Emergencies,'' (GAO-16-144), March 2016, https://www.gao.gov/ assets/680/676051.pdf. --------------------------------------------------------------------------- After the 2012 shooting at Sandy Hook Elementary School in Newtown, Connecticut, the Department of Homeland Security (DHS) identified a series of actions its components would undertake to help improve school and campus security. After Newtown, DHS was engaged in interagency efforts pursuant to the post-Newtown Executive Actions President Obama issued in January 2013. Today, DHS's Office of Academic Engagement (OAE) conducts tabletop exercises and workshops around the country to discuss security protocols, notifications and alerts, response, and recovery capabilities with schools and first responders. Additionally, DHS's components and offices such as the Federal Emergency Management Agency (FEMA), the Cybersecurity and Infrastructure Agency (CISA), and the Secret Service provide support to the Department's school security efforts. While multiple components and offices of the Department aid the nation's preparedness for school security, there is no Congressionally authorized body within the Department tasked with coordinating school security activities. H.R. 1593 would establish a coordinating council within DHS to ensure that the Department's school security activities, plans, and policies are coordinated; bring together the Under Secretary for Strategy, Policy, and Plans, the director of the CISA, FEMA, the Secret Service, the OAE, and the Assistant Secretary for Public Affairs on the council; and require the Secretary of Homeland Security to report to relevant Congressional Committees annually on the council's efforts. Hearings The Committee did not hold any legislative hearings on H.R. 1593; however, the Committee held the following oversight hearing: 115th Congress On July 9, 2018, the Subcommittee on Emergency Preparedness, Response, and Communications held a hearing entitled ``Protecting our Future: Addressing School Security Challenges in America.'' The Subcommittee received testimony from Mr. Bob Kolasky, Deputy Under Secretary, National Protection and Programs Directorate, Department of Homeland Security; Mr. Alan Hanson, Principal Deputy Assistant Attorney General, Office of Justice Programs, Department of Justice; Mr. Jason Botel, Deputy Assistant Secretary for the Office of Elementary and Secondary Education, Department of Education; Mr. Jared Maples, Director, New Jersey Office of Homeland Security and Preparedness; Mr. Ben Castillo, Director, Office of School Preparedness and Emergency Planning, New Jersey Department of Education; Major Jeanne Hengemuhle, Commanding Officer Division Human Resources Section, New Jersey State Police; Detective Sergeant Timothy P. Gerity, President, New Jersey Association of School Resource Officers; and Mr. Michael Reilly, President, New York City Community Education Council. Committee Consideration The Committee met on March 13, 2019, with a quorum being present, to consider H.R. 1593 and ordered the measure to be reported to the House with a favorable recommendation, with amendment, by unanimous consent. The following amendment was offered and accepted by unanimous consent: An amendment offered by Ms. Jackson Lee Page 3, line 10, insert ``and any engagement with stakeholders outside of the Federal Government'' before the period at the end. 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. 1593. 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 has requested but not received a cost estimate for this bill from the Director of Congressional Budget Office. The Committee has requested but not received from the Director of the Congressional Budget Office a statement as to whether this bill contains any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. Federal Mandates Statement An estimate of Federal mandates prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act was not made available to the Committee in time for the filing of this report. The Chairman of the Committee shall cause such estimate to be printed in the Congressional Record upon its receipt by the Committee. Duplicative Federal Programs Pursuant to clause 3(c) of rule XIII, the Committee finds that H.R. 1593 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. 1593 would ensure that the Department of Homeland Security is coordinating its activities, plans, and policies aimed at bolstering school security against acts of terrorism, an active shooter, and other threats. 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. Advisory Committee Statement No advisory committees within the meaning of section 5(b) of the Federal Advisory Committee Act were created by this legislation. Applicability to Legislative Branch The Committee finds that the legislation does not relate to the terms and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. Section-by-Section Analysis of the Legislation Section 1. Short title This section provides that this bill may be cited as the ``Coordination and Leveraging Activities for School Security Act of 2019''. Sec. 2. School security coordinating council This section amends the Homeland Security Act to include the establishment of a coordinating council within the Department to ensure that, to the maximum extent practicable, activities, plans, and policies to enhance the security of an early childhood education program, elementary school, high school, or secondary schools against an act of terrorism are coordinated. Members of the council are to include the DHS Under Secretary for Strategy, Policy, and Plans, the Director of the Cybersecurity and Infrastructure Security, the Administrator of the Federal Emergency Management Agency, the Director of the Secret Service, the Executive Director of the Office of Academic Engagement, the Assistant Secretary for Public Affairs, and any other official of the Department the Secretary determines appropriate. The council is to be led by a chair, selected by the Secretary from among the members of the council. On an annual basis, starting January 30, 2021, the Secretary is required to report to Congress on the council's activities during the preceding year, including information on any metrics regarding the efficacy of such activities. 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 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Homeland Security Act of 2002''. (b) Table of Contents.--The table of contents for this Act is as follows: * * * * * * * TITLE VII--MANAGEMENT * * * * * * * Sec. 710. Workforce health and medical support. Sec. 711. School security coordinating council. * * * * * * * TITLE VII--MANAGEMENT * * * * * * * SEC. 711. SCHOOL SECURITY COORDINATING COUNCIL. (a) Establishment.--There is established in the Department a coordinating council to ensure that, to the maximum extent practicable, activities, plans, and policies to enhance the security of an early childhood education program, elementary school, high school, or secondary schools against an act of terrorism are coordinated. (b) Composition.--The members of the council established pursuant to subsection (a) shall include the following: (1) The Under Secretary for Strategy, Policy, and Plans. (2) The Director of the Cybersecurity and Infrastructure Security. (3) The Administrator of the Federal Emergency Management Agency. (4) The Director of the Secret Service. (5) The Executive Director of the Office of Academic Engagement. (6) The Assistant Secretary for Public Affairs. (7) Any other official of the Department the Secretary determines appropriate. (c) Leadership.--The Secretary shall designate a member of the council to serve as chair of the council. (d) Reports.--Not later than January 30, 2021, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the council's activities during the preceding year, including information on any metrics regarding the efficacy of such activities and any engagement with stakeholders outside of the Federal Government. (e) Definitions.--In this section, the terms ``early childhood education program'', ``elementary school'', ``high school'', and ``secondary school'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). * * * * * * * [all]