Text of US HB 9001 (2022)

I 117TH CONGRESS 2D SESSION H. R. 9001 To secure schools, to increase access to mental health resources, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 28, 2022 Mrs. FLORES introduced the following bill; which was referred to the Com- mittee on the Judiciary, and in addition to the Committees on Education and Labor, and Ways and Means, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To secure schools, to increase access to mental health resources, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘RGV Act of 2022’’ 4 or the ‘‘Reduce Gun Violence Act of 2022’’. 5 SEC. 2. INCREASED AUTHORIZATION OF FUNDING FOR 6 CERTAIN PROGRAMS. 7 (a) BYRNE-JAG.— 8 VerDate Sep 11 2014 00:31 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9001.IH H9001 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 9001 IH (1) CYBER MONITORING.—Section 501(a)(1) of 1 the Omnibus Crime Control and Safe Streets Act of 2 1968 (34 U.S.C. 10152(a)(1)) is amended by adding 3 at the end the following: 4 ‘‘(J) Cyber monitoring programs for school 5 safety on school issued devices and school net- 6 works in— 7 ‘‘(i) public elementary and secondary 8 schools (as those terms are defined in sec- 9 tion 8101 of the Elementary and Sec- 10 ondary Education Act of 1965 (20 U.S.C. 11 7801)); and 12 ‘‘(ii) public institutions of higher edu- 13 cation (as defined in section 101 of the 14 Higher Education Act of 1965 (20 U.S.C. 15 1001)). 16 ‘‘(K) Assessment and identification of 17 school security risks before implementing secu- 18 rity changes in schools and institutions of high- 19 er education described in subparagraph (J).’’. 20 (2) PHYSICAL SECURITY TO STOP SCHOOL VIO- 21 LENCE.—For fiscal year 2023, there is authorized to 22 be appropriated to the Attorney General to carry out 23 the grant program under subpart 1 of part E of title 24 I of the Omnibus Crime Control and Safe Streets 25 VerDate Sep 11 2014 00:31 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9001.IH H9001 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 9001 IH Act of 1968 (34 U.S.C. 10151 et seq.), in addition 1 to any amounts made available for such purpose, 2 $2,000,000,000, to remain available until expended: 3 Provided, That such amounts shall be used as pro- 4 vided in subparagraphs (J) and (K) of section 5 501(a)(1) of the Omnibus Crime Control and Safe 6 Streets Act of 1968 (34 U.S.C. 10152(a)(1)). 7 (b) COPS.—For fiscal year 2023, there is authorized 8 to be appropriated to the Attorney General to carry out 9 the grant program under part Q of title I of the Omnibus 10 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 11 10381 et seq.), in addition to any amounts made available 12 for such purpose, $2,000,000,000, to remain available 13 until expended: Provided, That such amounts shall be used 14 as provided under paragraph (2) of section 1701(b) of 15 such Act (34 U.S.C. 10381(b)). 16 (c) STOP SCHOOL VIOLENCE.—Subsection (a) of 17 section 2705 of title I of the Omnibus Crime Control and 18 Safe Streets Act of 1968 (34 U.S.C. 10555) is amended 19 to read as follows: 20 ‘‘(a) IN GENERAL.—There is authorized to be appro- 21 priated $1,000,000,000 for each of fiscal years 2023 22 through 2027, of which— 23 ‘‘(1) $700,000,000 shall be made available to 24 the BJA Director to carry out this part; and 25 VerDate Sep 11 2014 00:31 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9001.IH H9001 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 9001 IH ‘‘(2) $300,000,000 shall be made available to 1 the COPS Director to carry out this part.’’. 2 (d) GRANTS FOR MENTAL HEALTH GUIDANCE 3 COUNSELORS.—Title IV of the Elementary and Secondary 4 Education Act of 1965 (20 U.S.C. 7101 et seq.) is amend- 5 ed by adding at the end the following: 6 ‘‘PART G—MENTAL HEALTH COUNSELING 7 ‘‘SEC. 4701. GRANTS FOR MENTAL HEALTH GUIDANCE 8 COUNSELORS. 9 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 10 program under which the Secretary makes allocations to 11 States, in accordance with subsection (b), to enable States 12 to provide funds to local educational agencies for the pro- 13 vision of mental health guidance counselors and related 14 services in schools as described in subsection (c)(3). 15 ‘‘(b) ALLOCATIONS TO STATES.— 16 ‘‘(1) IN GENERAL.—From the amount appro- 17 priated to carry out this part for each fiscal year 18 under subsection (g), each State that has a plan ap- 19 proved by the Secretary under paragraph (2) shall 20 be allocated an amount determined by the Secretary 21 based on the formula established under paragraph 22 (3). 23 ‘‘(2) STATE PLAN.—To be eligible for an alloca- 24 tion under paragraph (1), a State shall submit to 25 VerDate Sep 11 2014 00:31 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9001.IH H9001 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 9001 IH the Secretary a plan for the use of such allocation 1 at such time, in such manner, and containing such 2 information as the Secretary may require. 3 ‘‘(3) ALLOCATION FORMULA.—The Secretary 4 shall develop a formula for the allocation of funds to 5 States under paragraph (1). The formula shall be 6 based on such factors as the Secretary determines 7 appropriate, which may include a State’s anticipated 8 or proven need for mental health guidance coun- 9 selors in elementary and secondary schools. 10 ‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN- 11 CIES.— 12 ‘‘(1) IN GENERAL.—From amounts allocated to 13 a State under subsection (b), the State shall award 14 grants to local educational agencies, on a competitive 15 basis, to carry out the activities described in para- 16 graph (3). 17 ‘‘(2) APPLICATION.—To be considered for a 18 grant under paragraph (1), a local educational agen- 19 cy shall submit an application to the State at such 20 time, in such manner, and containing such informa- 21 tion as the State may require. 22 ‘‘(3) USE OF FUNDS.—A local educational 23 agency that receives a grant under paragraph (1) 24 shall use the grant— 25 VerDate Sep 11 2014 00:31 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H9001.IH H9001 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 9001 IH ‘‘(A) for the hiring and training of mental 1 health guidance counselors in elementary and 2 secondary schools; and 3 ‘‘(B) to provide in-person and virtual men- 4 tal health counseling to students of such 5 schools. 6 ‘‘(d) REPORT TO CONGRESS.—Not later than one 7 year after the date of enactment of this Act, and annually 8 thereafter, the Secretary shall submit to Congress a report 9 that includes— 10 ‘‘(1) a compilation of best practices for the hir- 11 ing and training of mental health guidance coun- 12 selors in schools; and 13 ‘‘(2) with respect to the year preceding the date 14 of the report— 15 ‘‘(A) the number of States that sought al- 16 locations under subsection (b); 17 ‘‘(B) the total amount allocated to each 18 State under such subsection; 19 ‘‘(C) information on the grant program 20 carried out by each State under subsection (c), 21 including— 22 ‘‘(i) the number of local educational 23 agencies that applied for grants; 24 VerDate Sep 11 2014 00:31 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H9001.IH H9001 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 9001 IH ‘‘(ii) the number of such agencies that 1 received grants and the amount of each 2 grant awarded; 3 ‘‘(iii) the total number students served 4 by such agencies; 5 ‘‘(iv) demographic information on the 6 students serviced by such agencies; and 7 ‘‘(v) the average student-to-teacher 8 ratio in the schools served by such agen- 9 cies. 10 ‘‘(e) LIMITATION.—None of the funds made available 11 under this part may be used— 12 ‘‘(1) to advance critical race theory; or 13 ‘‘(2) to affirm or promote gender reassignment 14 or gender reassignment medical intervention. 15 ‘‘(f) DEFINITION.—In this part: 16 ‘‘(1) CRITICAL RACE THEORY.—The term ‘crit- 17 ical race theory’ means the theory that— 18 ‘‘(A) one race or sex is inherently superior 19 to another race or sex; 20 ‘‘(B) the United States is fundamentally 21 racist or sexist; 22 ‘‘(C) an individual, by virtue of his or her 23 race or sex, is inherently racist, sexist, or op- 24 pressive, whether consciously or unconsciously; 25 VerDate Sep 11 2014 00:31 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H9001.IH H9001 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 9001 IH ‘‘(D) an individual should be discriminated 1 against or receive adverse treatment solely or 2 partly because of his or her race or sex; 3 ‘‘(E) members of one race or sex cannot 4 and should not attempt to treat others without 5 respect to race or sex; 6 ‘‘(F) an individual’s moral character is 7 necessarily determined by his or her race or sex; 8 ‘‘(G) an individual, by virtue of his or her 9 race or sex, bears responsibility for actions com- 10 mitted in the past by other members of the 11 same race or sex; 12 ‘‘(H) any individual should feel discomfort, 13 guilt, anguish, or any other form of psycho- 14 logical distress on account of his or her race or 15 sex; or 16 ‘‘(I) meritocracy or traits such as a hard 17 work ethic are racist or sexist, or were created 18 by a particular race to oppress another. 19 ‘‘(2) GENDER REASSIGNMENT MEDICAL INTER- 20 VENTION.—The term ‘gender reassignment medical 21 intervention’ means— 22 ‘‘(A) performing a surgery that sterilizes 23 an individual, including castration, vasectomy, 24 hysterectomy, oophorectomy, metoidioplasty, 25 VerDate Sep 11 2014 00:31 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H9001.IH H9001 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 9001 IH penectomy, phalloplasty, and vaginoplasty, to 1 change the body of such individual to cor- 2 respond to a sex that is discordant with biologi- 3 cal sex; 4 ‘‘(B) performing a mastectomy on an indi- 5 vidual for the purpose described in subpara- 6 graph (A); and 7 ‘‘(C) administering or supplying to an indi- 8 vidual medications for the purpose described in 9 subparagraph (A), including— 10 ‘‘(i) GnRH agonists or other puberty- 11 blocking drugs to stop or delay normal pu- 12 berty; 13 ‘‘(ii) testosterone or other androgens 14 to biological females at doses that are 15 supraphysiologic to the female sex; and 16 ‘‘(iii) estrogen to biological males at 17 doses that are supraphysiologic to the male 18 sex. 19 ‘‘(3) MENTAL HEALTH GUIDANCE COUN- 20 SELOR.—The term ‘mental health guidance coun- 21 selor’ means a person who counsels individuals and 22 groups to promote optimum mental health. 23 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 24 are authorized to be appropriated to carry out this part 25 VerDate Sep 11 2014 00:31 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H9001.IH H9001 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 9001 IH $200,000,0000 for each of fiscal years 2023 through 1 2027.’’. 2 (e) OFFSET.—Of the unobligated balances from 3 amounts made available under section 10301 of Public 4 Law 117–169 (commonly known as the ‘‘Inflation Reduc- 5 tion Act of 2022’’) on the date of enactment of this Act, 6 $11,001,000,000 is rescinded as of such date. 7 SEC. 3. SAFERSCHOOLS.GOV. 8 (a) ESTABLISHMENT.—The Attorney General, in 9 consultation with the Secretary of Education, the Sec- 10 retary of Health and Human Services, and an appointee 11 of the President, shall establish a website, designated as 12 saferschools.gov, to be managed by a task force, known 13 as the School Safety Best Practices Task Force (in this 14 section, referred to as the ‘‘Task Force’’). 15 (b) TASK FORCE.— 16 (1) DUTIES.—The duties of the Task Force 17 shall be to review, compile, and publish school safety 18 best practices on the saferschools.gov website. 19 (2) NUMBER AND APPOINTMENT.—The Task 20 Force shall be composed of 5 members appointed by 21 the Attorney General. 22 (3) TERMS.— 23 VerDate Sep 11 2014 00:31 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H9001.IH H9001 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 9001 IH (A) IN GENERAL.—Each member shall be 1 appointed to the Task Force for a term of 5 2 years. 3 (B) VACANCIES.—Any members appointed 4 to fill a vacancy occurring before the expiration 5 of the term for which the member’s predecessor 6 was appointed shall be appointed only for the 7 remainder of that term. 8 (4) PAY.—Members of the Task Force shall 9 serve without pay. 10 (5) MEETINGS.—The Task Force shall meet at 11 the call of the Chairperson and not less than quar- 12 terly. 13 (6) NO APPLICABILITY.— 14 (A) PAPERWORK REDUCTION.—The Paper- 15 work Reduction Act (44 U.S.C. 3501) shall not 16 apply to this section. 17 (B) ADVISORY COMMITTEE.—The Federal 18 Advisory Committee Act (5 U.S.C. App.) shall 19 not apply to this section. 20 (c) FUNCTION OF WEBSITE.—The saferschools.gov 21 website shall be designed to receive comments from inter- 22 ested parties, which shall be published on such website. 23 (d) DEFINITIONS.—In this section: 24 VerDate Sep 11 2014 00:31 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H9001.IH H9001 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 9001 IH (1) The term ‘‘interested parties’’ includes stu- 1 dents, teachers, parents, law enforcement officers, 2 and any person with an interest in school safety best 3 practices. 4 (2) The term ‘‘parent’’ has the meaning given 5 such term in section 8101 of the Elementary and 6 Secondary Education Act of 1965 (20 U.S.C. 7801). 7 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 8 authorized to be appropriated $1,000,000 to carry out this 9 section for fiscal year 2023. 10 Æ VerDate Sep 11 2014 00:31 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H9001.IH H9001 kjohnson on DSK79L0C42PROD with BILLS