Section 1 Short title
This Act may be cited as the “Secure Every School and Protect Our Nation’s Children Act” or as the “STOP II Act”.
Secure Every School and Protect Our Nation’s Children Act
A BILL
To provide for increased authorization of funding to secure schools, and for other purposes.
Sec. 2 Increased authorization of funding for certain programs
Byrne-JAG— For fiscal year 2023, there is authorized to be appropriated to the Attorney General to carry out the grant program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), in addition to any amounts made available for such purpose, $500,000,000, to remain available until expended: Provided, That such amounts shall be used for additional personnel.
COPS— For fiscal year 2023, there is authorized to be appropriated to the Attorney General to carry out the grant program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.), in addition to any amounts made available for such purpose, $500,000,000, to remain available until expended: Provided, That such amounts shall be used as provided under paragraphs (1) and (2) of section 1701(b) of such Act (34 U.S.C. 10381(b)).
STOP School Violence— Subsection (a) of section 2705 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10555) is amended to read as follows:
“(a) In general—There are authorized to be appropriated $833,000,000 for each of fiscal years 2023 through 2028, of which—
“(1) $555,333,334 shall be made available to the BJA Director to carry out this part; and
“(2) $277,666,666 shall be made available to the COPS Director to carry out this part.”
Grants for mental health guidance counselors— Section 4112 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7122) is amended—
in subsection (a), by inserting “, other than subsection (c),” after “this subpart”; and
by adding at the end the following:
“(c) Mental health guidance counselors—There authorized to be appropriated for the hiring of mental health guidance counselors by State and local educational agencies $1,000,000,000 for fiscal year 2023.”
Offset— Of the unobligated balances from amounts made available under sections 602(a)(1) and 603(a) of the Social Security Act (42 U.S.C. 802(a)(1), 803(a)) on the date of enactment of this Act, $7,055,000,000 is rescinded as of such date: Provided, That such rescission shall be applied first on a pro rata basis to the unobligated balances of the payment amounts allocated by the Secretary of the Treasury pursuant to subsection (b)(3)(B) of section 602 of the Social Security Act (42 U.S.C. 802): Provided further, That any remaining amounts to be rescinded shall be applied next on a pro rata basis to the unobligated balances of the payment amounts allocated by the Secretary of the Treasury pursuant to subsection (b)(1)(B) and (b)(2)(B) of section 602 of such Act (42 U.S.C. 802): Provided further, That any remaining amounts to be rescinded shall be applied on a pro rata basis to the unobligated balances of the payment amounts allocated by the Secretary of the Treasury for each of the entities authorized to receive payments under section 603 of such Act (42 U.S.C. 803).
Sec. 3 Additional authorized use of STOP School Violence grants
Section 2701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151) is amended—
in subsection (a)(1), by striking “paragraphs (5) through (9)” and inserting “paragraphs (5) through (10)”; and
in subsection (b)—
by redesignating paragraph (9) as paragraph (10); and
by inserting after paragraph (8) the following:
“(9) Assessment of a school to find weaknesses in security and identify any lack of coverage in mental health support staff for students.”
Sec. 4 Federal Clearinghouse on School Safety Best Practices
In general— Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following new section:
“2220D. 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 in the Department a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the “Clearinghouse”).
“(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, best practices and recommendations relating to school safety for use by State educational agencies 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 and publishing best practices and recommendations pursuant to subsection (a)(2), the Clearinghouse may consult with appropriate Federal, State, local, Tribal, and private sector entities, and nongovernmental organizations.
“(2) Criteria—Best practices and recommendations of the Clearinghouse identified and published pursuant to subsection (a)(2) shall, at a minimum—
“(A) incorporate comprehensive school safety measures, including threat prevention, preparedness, protection, mitigation, incident response, and recovery to improve the safety posture of a school, including relating to the health, safety, and welfare of persons in school settings;
“(B) include any evidence or research rationale supporting the determination of the Clearinghouse that the best practice or recommendation at issue has been shown to have a significant effect on improving the safety posture of a school, including relating to the health, safety, and welfare of persons in school settings, including—
“(i) relevant research that is evidence-based supporting such best practice or recommendation;
“(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school, including relating to the health, safety, and welfare of persons in school settings; 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, including relating to the health, safety, and welfare of persons in school settings; and
“(C) include information on Federal grant programs for which implementation of such best practices or recommendations is an eligible use for any such program.
“(3) Other best practices and recommendations—To the greatest extent practicable, in identifying and publishing best practices and recommendations pursuant to subsection (a)(2), the Clearinghouse shall so identify and publish, as appropriate, best practices and recommendations to improve the safety posture of a school, including relating to the health, safety, and welfare of persons in school settings, adopted by a Federal, State, local, Tribal, or private sector entity or nongovernmental organization.
“(c) Assistance and training—The Secretary, acting through the Clearinghouse, may publish materials to assist and train State educational agencies and local educational agencies and State and local law enforcement agencies regarding the implementation of best practices and recommendations identified and published pursuant to subsection (a)(2).
“(d) Continuous improvement—The Secretary shall—
“(1) collect for the purpose of continuous improvement of the Clearinghouse—
“(A) data analytics;
“(B) user feedback on the implementation of best practices and recommendations identified and published pursuant to subsection (a)(2); and
“(C) any evaluations conducted on implementation of such best practices and recommendations; and
“(2) in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services—
“(A) regularly assess best practices and recommendations identified and published pursuant to subsection (a)(2) with respect to which there are no resources available through Federal Government programs for implementation; and
“(B) establish an external advisory board comprised of appropriate State, local, Tribal, and private sector entities and nongovernmental organizations, including organizations representing parents of students attending elementary schools or secondary schools, to—
“(i) provide feedback on the implementation of best practices and recommendations identified and published pursuant to subsection (a)(2); and
“(ii) propose additional recommendations for best practices for inclusion in the Clearinghouse.
“(e) Parental assistance—The Clearinghouse shall produce materials to assist parents of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations identified and published pursuant to subsection (a)(2).
“(f) Definitions—In this section:
“(1) Elementary school—The term elementary school has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(2) Evidence-based—The term evidence-based has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(3) Institution of higher education—The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
“(4) Local educational agency—The term local educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(5) Parent—The term parent has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(6) Secondary school—The term secondary school has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(7) State educational agency—The term State educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).”
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 2220C the following new item:
Sec. 5 Notification of Federal Clearinghouse on School Safety Best Practices
Notification by the Secretary of Education— The Secretary of Education shall provide written notification of the publication of the Federal Clearinghouse on School Safety Best Practices (referred to in this section as the Clearinghouse) under section 2220D of the Homeland Security Act of 2002, as added by section 4, to—
every State educational and local educational agency; and
other Department of Education partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Education.
Notification by the Secretary of Homeland Security— The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse under section 2220D of the Homeland Security Act of 2002, as added by section 4, to—
every State homeland security advisor;
every State department of homeland security; and
other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security.
Notification by the Secretary of Health and Human Services— The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse under section 2220D of the Homeland Security Act of 2002, as added by section 4, to—
every State department of public health; and
other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services.
Notification by the Attorney General— The Attorney General shall provide written notification of the publication of the Clearinghouse under section 2220D of the Homeland Security Act of 2002, as added by section 4, to—
every State department of justice; and
other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General.
Sec. 6 Grant program review
Federal grants and resources— The Secretary of Education, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General shall each—
review grant programs administered by their respective agency and identify any grant program that may be used to implement best practices and recommendations of the Federal Clearinghouse on School Safety Best Practices (referred to in this section as the Clearinghouse) under section 2220D of the Homeland Security Act of 2002, as added by section 4;
identify any best practices and recommendations of the Clearinghouse for which there is not a Federal grant program that may be used for the purposes of implementing the best practice or recommendation as applicable to the agency; and
periodically report any findings under paragraph (2) to the appropriate committees of Congress.
State grants and resources— The Clearinghouse shall, to the extent practicable, identify, for each State—
each agency responsible for school safety in the State, or any State that does not have such an agency designated;
any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and
any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse.
Sec. 7 Rules of construction
Waiver of requirements— Nothing in this Act or the amendments made by this Act shall be construed to create, satisfy, or waive any requirement under—
title II of the Americans With Disabilities Act of 1990 (42 U.S.C. 12131 et seq.);
the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or
the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).
Prohibition on federally developed, mandated, or endorsed curriculum— Nothing in this Act or the amendments made by this Act shall be construed to authorize any officer or employee of the Federal Government to engage in an activity otherwise prohibited under section 103(b) of the Department of Education Organization Act (20 U.S.C. 3403(b)).