6 U.S.C. § 665k — Federal Clearinghouse on School Safety

Page 374 TITLE 6—DOMESTIC SECURITY § 665k 1 See References in Text note below. as part of the Consolidated Appropriations Act, 2022, and not as part of the Homeland Security Act of 2002 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 117–103, div. Y, § 102, Mar. 15, 2022, 136 Stat. 1038, provided that: ‘‘In this division [see Short Title of 2022 Amendment note set out under section 101 of this title]: ‘‘(1) COVERED CYBER INCIDENT; COVERED ENTITY; CYBER INCIDENT; INFORMATION SYSTEM; RANSOM PAY- MENT; RANSOMWARE ATTACK; SECURITY VULNER- ABILITY.—The terms ‘covered cyber incident’, ‘cov- ered entity’, ‘cyber incident’, ‘information system’, ‘ransom payment’, ‘ransomware attack’, and ‘secu- rity vulnerability’ have the meanings given those terms in section 2240 of the Homeland Security Act of 2002 [6 U.S.C. 681], as added by section 103 of this divi- sion [see also 6 U.S.C. 650]. ‘‘(2) DIRECTOR.—The term ‘Director’ means the Di- rector of the Cybersecurity and Infrastructure Secu- rity Agency.’’ § 665k. Federal Clearinghouse on School Safety Evidence-based Practices (a) Establishment (1) In general The Secretary, in coordination with the Sec- retary of Education, the Attorney General, and the Secretary of Health and Human Serv- ices, shall establish a Federal Clearinghouse on School Safety Evidence-based Practices (in this section referred to as the ‘‘Clearing- house’’) within the Department. (2) Purpose The Clearinghouse shall serve as a Federal resource to identify and publish online through SchoolSafety.gov, or any successor website, evidence-based practices and rec- ommendations to improve school safety for use by State and local educational agencies, institutions of higher education, State and local law enforcement agencies, health profes- sionals, 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 sec- tion. (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 (commonly known as the ‘‘Paperwork Reduction Act’’), shall not apply to any rulemaking or information col- lection required under this section. (B) Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply for the pur- poses of carrying out this section. (b) Clearinghouse contents (1) Consultation In identifying the evidence-based practices and recommendations for the Clearinghouse, the Secretary shall— (A) consult with appropriate Federal, State, local, Tribal, private sector, and non- governmental organizations, including civil rights and disability rights organizations; and (B) consult with the Secretary of Edu- cation to ensure that evidence-based prac- tices published by the Clearinghouse are aligned with evidence-based practices to sup- port a positive and safe learning environ- ment for all students. (2) Criteria for evidence-based practices and recommendations The evidence-based practices and rec- ommendations of the Clearinghouse shall— (A) include comprehensive evidence-based school safety measures; (B) include the evidence or research ra- tionale supporting the determination of the Clearinghouse that the evidence-based prac- tice or recommendation under subparagraph (A) has been shown to have a significant ef- fect on improving the health, safety, and welfare of persons in school settings, includ- ing— (i) relevant research that is evidence- based, as defined in section 7801 of title 20, supporting the evidence-based practice or recommendation; (ii) findings and data from previous Fed- eral or State commissions recommending improvements to the safety posture of a school; or (iii) other supportive evidence or find- ings relied upon by the Clearinghouse in determining evidence-based practices and recommendations, as determined in con- sultation with the officers described in subsection (a)(3)(B); (C) include information on Federal pro- grams for which implementation of each evi- dence-based practice or recommendation is an eligible use for the program; (D) be consistent with Federal civil rights laws, including 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.), and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); and (E) include options for developmentally appropriate recommendations for use in edu- cational settings with respect to children’s ages and physical, social, sensory, and emo- tionally developmental statuses. (3) Past commission recommendations The Clearinghouse shall present, as deter- mined in consultation with the officers de- scribed in subsection (a)(3)(B), Federal, State, local, Tribal, private sector, and nongovern- mental organization issued best practices and recommendations and identify any best prac- tice or recommendation of the Clearinghouse that was previously issued by any such organi- zation or commission. Page 375 TITLE 6—DOMESTIC SECURITY § 665k 2 So in original. Probably should be ‘‘representatives’’. (c) Assistance and training The Secretary may produce and publish mate- rials on the Clearinghouse to assist and train educational agencies and law enforcement agen- cies on the implementation of the evidence- based practices and recommendations. (d) Continuous improvement The Secretary shall— (1) collect for the purpose of continuous im- provement of the Clearinghouse— (A) Clearinghouse data analytics; (B) user feedback on the implementation of resources, evidence-based practices, and recommendations identified by the Clearing- house; and (C) any evaluations conducted on imple- mentation of the evidence-based practices and recommendations of the Clearinghouse; and (2) in coordination with the Secretary of Education, the Secretary of Health and Human Services, and the Attorney General— (A) regularly assess and identify Clearing- house evidence-based practices and rec- ommendations for which there are no re- sources available through Federal Govern- ment programs for implementation; and (B) establish an external advisory board, which shall be comprised of appropriate State, local, Tribal, private sector, and non- governmental organizations, including orga- nizations representing parents of elementary and secondary school students, representa- tive 2 from civil rights organizations, rep- resentatives of disability rights organiza- tions, representatives of educators, rep- resentatives of law enforcement, and non- profit school safety and security organiza- tions, to— (i) provide feedback on the implementa- tion of evidence-based practices and rec- ommendations of the Clearinghouse; and (ii) propose additional recommendations for evidence-based practices for inclusion in the Clearinghouse that meet the re- quirements described in subsection (b)(2)(B). (e) Parental assistance The Clearinghouse shall produce materials in accessible formats to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse evidence- based practices and recommendations. (Pub. L. 107–296, title XXII, § 2220D, as added Pub. L. 117–159, div. A, title III, § 13302(a), June 25, 2022, 136 Stat. 1334.) Editorial Notes REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (a)(4)(B), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Gov- ernment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. The Americans with Disabilities Act of 1990, referred to in subsec. (b)(2)(D), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327. Title II of the Act is classified generally to subchapter II (§ 12131 et seq.) of chapter 126 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. The Rehabilitation Act of 1973, referred to in subsec. (b)(2)(D), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 701 of Title 29 and Tables. The Civil Rights Act of 1964, referred to in subsec. (b)(2)(D), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2000a of Title 42 and Tables. Statutory Notes and Related Subsidiaries LUKE AND ALEX SCHOOL SAFETY ACT OF 2022 Pub. L. 117–159, div. A, title III, subtitle C, June 25, 2022, 136 Stat. 1334, provided that: ‘‘SEC. 13301. SHORT TITLE. ‘‘This subtitle may be cited as the ‘Luke and Alex School Safety Act of 2022’. ‘‘SEC. 13302. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY EVIDENCE-BASED PRAC- TICES. ‘‘(a) IN GENERAL.—[Enacted this section.] ‘‘(b) TECHNICAL AMENDMENTS.—[Amended table of contents of the Homeland Security Act of 2002.] ‘‘SEC. 13303. NOTIFICATION OF CLEARINGHOUSE. ‘‘(a) NOTIFICATION BY THE SECRETARY OF EDUCATION.— The Secretary of Education shall provide written noti- fication of the publication of the Federal Clearinghouse on School Safety Evidence-based Practices (referred to in this section and section 13304 as the ‘Clearinghouse’), as required to be established under section 2220D of the Homeland Security Act of 2002 [6 U.S.C. 665k], as added by section 13302 of this Act, to— ‘‘(1) every State and local educational agency; and ‘‘(2) other Department of Education partners in the implementation of the evidence-based practices and recommendations of the Clearinghouse, as deter- mined appropriate by the Secretary of Education. ‘‘(b) NOTIFICATION BY THE SECRETARY OF HOMELAND SECURITY.—The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under sec- tion 2220D of the Homeland Security Act of 2002 [6 U.S.C. 665k], as added by section 13302 of this Act, to— ‘‘(1) every State homeland security advisor; ‘‘(2) every State department of homeland security; and ‘‘(3) other Department of Homeland Security part- ners in the implementation of the evidence-based practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Home- land Security. ‘‘(c) NOTIFICATION BY THE SECRETARY OF HEALTH AND HUMAN SERVICES.—The Secretary of Health and Human Services shall provide written notification of the publi- cation of the Clearinghouse, as required to be estab- lished under section 2220D of the Homeland Security Act of 2002 [6 U.S.C. 665k], as added by section 13302 of this Act, to— ‘‘(1) every State department of public health; and ‘‘(2) other Department of Health and Human Serv- ices partners in the implementation of the evidence- based practices and recommendations of the Clear- Page 376 TITLE 6—DOMESTIC SECURITY § 665l inghouse, as determined appropriate by the Secretary of Health and Human Services. ‘‘(d) NOTIFICATION BY THE ATTORNEY GENERAL.—The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2220D of the Homeland Secu- rity Act of 2002 [6 U.S.C. 665k], as added by section 13302 of this Act, to— ‘‘(1) every State department of justice; and ‘‘(2) other Department of Justice partners in the implementation of the evidence-based practices and recommendations of the Clearinghouse, as deter- mined appropriate by the Attorney General. ‘‘SEC. 13304. GRANT PROGRAM REVIEW. ‘‘(a) FEDERAL GRANTS AND RESOURCES.—Not later than 1 year after the date of enactment of this Act [June 25, 2022], the Clearinghouse or the external advi- sory board established under section 2220D of the Homeland Security Act of 2002 [6 U.S.C. 665k], as added by this subtitle, shall— ‘‘(1) review grant programs and identify any grant program that may be used to implement evidence- based practices and recommendations of the Clear- inghouse; ‘‘(2) identify any evidence-based practices and rec- ommendations of the Clearinghouse for which there is not a Federal grant program that may be used for the purposes of implementing the evidence-based practice or recommendation as applicable to the agency; and ‘‘(3) periodically report any findings under para- graph (2) to the appropriate committees of Congress. ‘‘(b) STATE GRANTS AND RESOURCES.—The Clearing- house shall, to the extent practicable, identify, for each State— ‘‘(1) each agency responsible for school safety in the State, or any State that does not have such an agen- cy designated; ‘‘(2) any grant program that may be used for the purposes of implementing evidence-based practices and recommendations of the Clearinghouse; and ‘‘(3) any resources other than grant programs that may be used to assist in implementation of evidence- based practices and recommendations of the Clear- inghouse. ‘‘SEC. 13305. RULES OF CONSTRUCTION. ‘‘(a) WAIVER OF REQUIREMENTS.—Nothing in this sub- title or the amendments made by this subtitle shall be construed to create, satisfy, or waive any requirement under— ‘‘(1) title II of the Americans With [sic] Disabilities Act of 1990 (42 U.S.C. 12131 et seq.); ‘‘(2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); ‘‘(3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); ‘‘(4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or ‘‘(5) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). ‘‘(b) PROHIBITION ON FEDERALLY DEVELOPED, MAN- DATED, OR ENDORSED CURRICULUM.—Nothing in this sub- title or the amendments made by this subtitle 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)).’’ § 665l. School and daycare protection (a) In general Not later than 180 days after December 23, 2022, and annually thereafter, the Secretary of Homeland Security shall submit to the Com- mittee on Homeland Security of the House of Representatives and the Committee on Home- land Security and Governmental Affairs of the Senate a report regarding the following: (1) The Department of Homeland Security’s activities, policies, and plans to enhance the security of early childhood education pro- grams, elementary schools, and secondary schools during the preceding year that in- cludes information on the Department’s ac- tivities through the Federal School Safety Clearinghouse. (2) Information on all structures or efforts within the Department intended to bolster co- ordination among departmental components and offices involved in carrying out paragraph (1) and, with respect to each structure or ef- fort, specificity on which components and of- fices are involved and which component or of- fice leads such structure or effort. (3) A detailed description of the measures used to ensure privacy rights, civil rights, and civil liberties protections in carrying out these activities. (b) Briefing Not later than 30 days after the submission of each report required under subsection (a), the Secretary of Homeland Security shall provide to the Committee on Homeland Security and Gov- ernmental Affairs of the Senate and the Com- mittee on Homeland Security of the House of Representatives a briefing regarding such report and the status of efforts to carry out plans in- cluded in such report for the preceding year. (c) Definitions In this section, the terms ‘‘early childhood education program’’, ‘‘elementary school’’, and ‘‘secondary school’’ have the meanings given such terms in section 7801 of title 20. (Pub. L. 117–263, div. G, title LXXI, § 7103, Dec. 23, 2022, 136 Stat. 3621.) Editorial Notes CODIFICATION Section was enacted as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Homeland Security Act of 2002 which comprises this chapter. § 665m. President’s Cup Cybersecurity Competi- tion (a) In general The Director of the Cybersecurity and Infra- structure Security Agency (in this section re- ferred to as the ‘‘Director’’) of the Department of Homeland Security is authorized to hold an annual cybersecurity competition to be known as the ‘‘Department of Homeland Security Cybersecurity and Infrastructure Security Agency’s President’s Cup Cybersecurity Com- petition’’ (in this section referred to as the ‘‘competition’’) for the purpose of identifying, challenging, and competitively awarding prizes, including cash prizes, to the United States Gov- ernment’s best cybersecurity practitioners and teams across offensive and defensive cybersecurity disciplines. (b) Eligibility To be eligible to participate in the competi- tion, an individual shall be a Federal civilian employee or member of the uniformed services