[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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                  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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \16\Public Law No. 115-141.
---------------------------------------------------------------------------
    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.