Congressional Record, Senate, June 23, 2022 — SA 5131, SA 5132, EAGLES Act of 2022, FORMULA Act
Summary
This Senate section of the Congressional Record (S3171, June 23, 2022) begins with the Fixing Our Regulatory Mayhem Upsetting Little Americans Act, or FORMULA Act, which provides that during the 90-day period beginning on the date of enactment, infant formula shall enter free of duty and free of quantitative limitation. SA 5131, submitted by Blackburn to a bill to make our communities safer, would let a State or local educational agency that has received ESSER funds use unexpended funds to train and hire veterans and former law enforcement officers as school security officers. SA 5132, submitted by Grassley, contains the EAGLES Act of 2022, which reauthorizes and expands the National Threat Assessment Center, operated by the United States Secret Service at the direction of the Secretary of Homeland Security.
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“Congressional Record, Senate, June 23, 2022 — SA 5131, SA 5132, EAGLES Act of 2022, FORMULA Act.”
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June 23, 2022 CONGRESSIONAL RECORD — SENATE S3171
SECTION 1. SHORT TITLE. SA 5132. Mr. GRASSLEY submitted (12) The parties involved need the appro-
This Act may be cited as the ‘‘Fixing Our an amendment intended to be proposed priate training and tools to establish the ap-
Regulatory Mayhem Upsetting Little Ameri- to amendment SA 5099 proposed by Mr. propriate mechanisms for implementing this
cans Act’’ or the ‘‘FORMULA Act’’. type of approach.
SCHUMER (for Mr. MURPHY (for himself, (b) SENSE OF CONGRESS.—It is the sense of
SEC. 2. DUTY-FREE TREATMENT OF IMPORTS OF
INFANT FORMULA. Mr. CORNYN, Ms. SINEMA, and Mr. Congress that a fact-based threat assessment
(a) IN GENERAL.—During the 90-day period TILLIS)) to the bill S. 2938, to make our approach, involving school officials, local
beginning on the date of the enactment of communities safer; which was ordered law enforcement, and members of the com-
this Act, infant formula shall enter the to lie on the table; as follows: munity, is one of the most effective ways to
United States free of duty and free of quan- At the appropriate place, insert the fol- prevent targeted violence in schools, and is a
titative limitation. lowing: fitting memorial to those who lost their
(b) INFANT FORMULA DEFINED.—In this sec- lives in the February 14, 2018, attack on Mar-
tion, the term ‘‘infant formula’’ has the TITLE lll—EAGLES ACT OF 2022 jory Stoneman Douglas High School and
meaning given that term in section 201(z) of SEC. lll01. SHORT TITLE. those who heroically acted to preserve the
the Federal Food, Drug, and Cosmetic Act This title may be cited as the ‘‘EAGLES lives of their friends, students, and col-
(21 U.S.C. 321(z)). Act of 2022’’. leagues.
--- SEC. lll02. FINDINGS; SENSE OF CONGRESS. SEC. lll03. REAUTHORIZATION AND EXPAN-
SA 5131. Mrs. BLACKBURN sub- (a) FINDINGS.—Congress finds the fol- SION OF THE NATIONAL THREAT AS-
mitted an amendment intended to be lowing: SESSMENT CENTER OF THE DEPART-
proposed by her to the bill S. 2938, to MENT OF HOMELAND SECURITY.
(1) On February 14, 2018, 17 individuals lost
make our communities safer; which (a) IN GENERAL.—Chapter 203 of title 18,
their lives in a senseless and violent attack
United States Code, is amended by inserting
was ordered to lie on the table; as fol- on Marjory Stoneman Douglas High School
after section 3056A the following:
lows: in Parkland Florida, a school whose mascot
is the eagle. ‘‘§ 3056B. Functions of the National Threat
At the appropriate place, insert the fol- Assessment Center of the United States Se-
lowing: (2) These individuals lived lives of warmth,
joy, determination, service, and love, and cret Service
SEC. ll. TRAINING AND HIRING VETERANS AND
FORMER LAW ENFORCEMENT OFFI- their loss is mourned by the Nation. ‘‘(a) IN GENERAL.—There is established a
CERS AS SCHOOL SECURITY OFFI- (3) The shooter in that attack exhibited National Threat Assessment Center (in this
CERS. patterns of behavior that were alarming and section referred to as the ‘Center’), to be op-
(a) DEFINITIONS.—In this section: that should have alerted law enforcement erated by the United States Secret Service,
(1) ESSER FUNDS.—The term ‘‘ESSER and other Federal, State, and local officials. at the direction of the Secretary of Home-
funds’’ means funds provided under— (4) The attack on Marjory Stoneman Doug- land Security.
(A) section 18003 of the CARES Act (20 las High School was preventable. ‘‘(b) FUNCTIONS.—The functions of the Cen-
U.S.C. 3401 note; Public Law 116–136); (5) Lives were saved because of the brave ter shall include the following:
(B) section 313 of division M of the Consoli- and exemplary conduct of many students, ‘‘(1) Training in the area of best practices
dated Appropriations Act, 2021 (Public Law teachers, and staff at Marjory Stoneman on threat assessment.
116–260; 134 Stat. 1929); or Douglas High School, including several of ‘‘(2) Consultation on complex threat as-
(C) section 2001 of the American Rescue the victims of the attack. sessment cases or programs.
Plan Act of 2021 (Public Law 117–2; 135 Stat. (6) The National Threat Assessment Center ‘‘(3) Research on threat assessment and the
19). (referred to in this title as the ‘‘Center’’) was prevention of targeted violence, consistent
(2) STATE.—The term ‘‘State’’ means each established in 1998 to conduct research on with evidence-based standards and existing
of the 50 States, the District of Columbia, various types of targeted violence. laws and regulations.
and the Commonwealth of Puerto Rico. (7) Studies conducted by the Center on tar- ‘‘(4) Facilitation of information sharing on
(b) TRAINING AND HIRING VETERANS AND geted school violence, in particular, have threat assessment and the prevention of tar-
FORMER LAW ENFORCEMENT OFFICERS AS shown that— geted violence among agencies with protec-
SCHOOL SECURITY OFFICERS.—Notwith- (A) most incidents were planned in ad- tive or public safety responsibilities, as well
standing any other provision of a law relat- vance; as other public or private entities.
ing to ESSER funds or any other law, a (B) the attackers’ behavior gave some indi- ‘‘(5) Development of evidence-based pro-
State or local educational agency that has cation that the individual was planning, or grams to promote the standardization of
received ESSER funds may, in lieu of the at least contemplating, an attack; Federal, State, and local threat assessments,
original requested, required, or authorized (C) most attackers had already exhibited a best practices in investigations involving
use for such funds, use a portion of, or all, of pattern of behavior that was of concern to threats, and the prevention of targeted vio-
the unexpended funds to carry out any of the other people in their lives; and lence.
following activities: (D) prior to the attack, someone associated ‘‘(c) SAFE SCHOOL INITIATIVE.—In carrying
(1) Establish, if necessary, and implement with the attacker, such as a family member out the functions described in subsection (b),
a State certification or licensure program, or peer, knew the attack was to likely to the Center shall establish a national pro-
or other training program required by the occur. gram on targeted school violence prevention,
State, that— (8) Through their research, the Center de- focusing on the following activities:
(A) is designed to train individuals who are veloped the threat assessment model for re- ‘‘(1) RESEARCH.—The Center shall—
veterans or former law enforcement officers sponding to indicators of targeted violence, ‘‘(A) conduct research into targeted school
to serve as school security officers; and which includes a 3-step process— violence and evidence-based practices in tar-
(B) may include firearm or de-escalation (A) identifying individuals who are exhib- geted school violence prevention, including
training. iting behaviors that indicate they are plan- school threat assessment; and
(2) Hire veterans or former law enforce- ning an attack on a school; ‘‘(B) publish the findings of the Center on
ment officers who have completed the (B) assessing whether the individual poses the public website of the United States Se-
State’s program described in paragraph (1) to a threat to the school, based on articulable cret Service.
serve as school security officers in elemen- facts; and ‘‘(2) TRAINING.—
tary schools and secondary schools in the (C) managing the threat the individual ‘‘(A) IN GENERAL.—The Center shall develop
State. may pose to the school. and offer training courses on targeted school
(c) NO FEDERAL INTERFERENCE.—The Sec- (9) The threat assessment model works violence prevention to agencies with protec-
retary of Education shall not— most effectively when all the relevant par- tive or public safety responsibilities and
(1) prevent or discourage any State or local ties, including school officials, local law en- other public or private entities, including
educational agency from using any ESSER forcement, and members of the community, local educational agencies.
funds for a school security activity described are part of a comprehensive protocol to iden- ‘‘(B) PLAN.—Not later than 1 year after the
in subsection (b); tify, assess, and manage a potential threat date of enactment of this section, the Center
(2) impose any requirements as to the con- to the school. shall establish a plan to offer its training
tent or structure of the State certification, (10) The primary goal of threat assessment and other educational resources to public or
licensure, or other training program de- programs in schools should be to prevent vio- private entities within each State.
scribed in subsection (b)(1); lent conduct, with an emphasis on early ‘‘(3) COORDINATION WITH OTHER FEDERAL
SSpencer on DSK126QN23PROD with SENATE
(3) require that ESSER funds used to carry intervention, treatment, and care of individ- AGENCIES.—The Center shall develop research
out subsection (b) be used to prevent, pre- uals exhibiting behaviors associated with and training programs under this section in
pare for, or respond to the coronavirus; or targeted violence. coordination with the Department of Jus-
(4) enforce any requirement related to (11) Early intervention, treatment, and tice, the Department of Education, and the
ESSER funds if such requirement would pre- prevention of violent behavior is an effective Department of Health and Human Services.
vent a State or local educational agency way to prevent violent conduct that would ‘‘(4) CONSULTATION WITH ENTITIES OUTSIDE
from carrying out a school security activity harm others and necessitate disciplinary ac- THE FEDERAL GOVERNMENT.—The Center is
described in subsection (b). tion, including criminal penalties. authorized to consult with State and local
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