Teachers Empowered Against Classroom Harm Act of 2023 or the TEACH Act of 2023
This bill addresses school safety and security, including by expanding access to firearms for certain individuals and providing grants for defensive training programs.
Current law prohibits the use of federal elementary and secondary education funds to provide any person with a dangerous weapon or training in the use of a dangerous weapon. The bill removes this prohibition.
Next, the bill broadens the authority for certain individuals to carry firearms in a school zone. Specifically, the bill exempts individuals authorized by state law to carry firearms from the federal prohibition on possessing a firearm in a school zone.
Further, the bill prohibits the Department of Education (ED) from disbursing or obligating funds for states, local governments, or eligible entities (e.g., local educational agencies or private schools) that restrict (in excess of federal law) the possession of firearms within school zones.
Additionally, the bill directs ED to obligate certain reserved funds (i.e., funds reserved for technical assistance and capacity building) for a grant program. In particular, ED must award grants to enable eligible entities (e.g., local educational agencies or private schools) to participate in defensive training programs designed to protect schools from armed intruders. ED must fully obligate these funds for awarding grants and failure to do so shall result in a hiring freeze for ED.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2991 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2991
To eliminate the prohibition on training teachers with effective
defensive tools, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Ogles (for himself, Mr. Gosar, Mr. Nehls, Mr. Jackson of Texas, Mr.
Cloud, Mrs. Boebert, Mr. Biggs, Mr. Mooney, Mr. Moore of Alabama, Mr.
Amodei, Ms. Greene of Georgia, and Mr. Clyde) introduced the following
bill; which was referred to the Committee on Education and the
Workforce, and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To eliminate the prohibition on training teachers with effective
defensive tools, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teachers Empowered Against
Classroom Harm Act of 2023'' or the ``TEACH Act of 2023''.
SEC. 2. ELIMINATING BARRIERS BETWEEN WILLING SCHOOL STAFF AND THEIR
RIGHT TO DEFEND THEIR STUDENTS.
(a) Eliminating Prohibition on Training Teachers With Effective
Defensive Tools.--Section 8526 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7906) is amended--
(1) in paragraph (5), by inserting ``or'' after the
semicolon;
(2) in paragraph (6), by striking ``; or'' at the end and
inserting a period; and
(3) by striking paragraph (7).
(b) Prioritizing Funding for Schools That Protect Students.--
(1) Prohibition.--
(A) In general.--The Secretary of Education may not
disburse to or obligate any funds for any State, local
government, or eligible entity (as defined in section
3) that restricts the possession of firearms in excess
of section 922(q) of title 18, United States Code,
within school zones as defined in section 921(a)(26) of
such title.
(B) Definitions.--In this paragraph:
(i) Local government.--The term ``local
government'' means any county, parish, city,
town, township, village or other general
purpose political subdivision of a State with
the power to levy taxes and expend Federal,
State, and local funds and exercise
governmental powers.
(ii) State.--The term ``State'' means each
of the 50 States and the District of Columbia.
(2) Conforming amendment.--Section 922(q) of title 18,
United States Code, is amended by striking paragraph (4).
(c) Respecting the Right to Constitutionally Carry a Firearm as
Protected by a Majority of These United States.--Section 922(q)(2)(B)
of title 18, United States Code, is amended--
(1) by redesignating clauses (iii) through (vii) as clauses
(iv) through (vii), respectively; and
(2) by inserting after clause (ii) the following:
``(iii) if the individual possessing the firearm is
otherwise eligible or entitled to carry a firearm under the
laws of the State in which the school zone is located;''.
SEC. 3. HELPING WILLING STAFF AND SCHOOLS DEFEND STUDENTS FROM ARMED
INTRUDERS.
(a) Grants for School Safety.--Notwithstanding section 4103(a)(3)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7113(a)(3)) or any other provision of law, using the total amount of
the funds reserved under such section 4103(a)(3) for a fiscal year, the
Secretary of Education shall award grants, on a competitive basis, to
eligible entities to enable such eligible entities to participate in
defensive training programs designed to protect elementary schools and
secondary schools from armed intruders, including covering the cost
of--
(1) instructor and program fees;
(2) training supplies; and
(3) educational materials.
(b) Applications.--
(1) Announcement.--Not later than October 1, 2023, or 120
days after the date of enactment of this Act, whichever occurs
later, the Secretary of Education shall announce an application
process for grant funding under this section.
(2) Priority.--In approving grant applications under this
section, the Secretary shall give priority to eligible entities
with a commitment to protecting the right to keep and bear arms
for self-defense as protected by the Second Amendment to the
Constitution and affirmed by the Supreme Court's rulings in
District of Columbia v. Heller and NYSRPA v. Bruen.
(3) Requirement.--
(A) In general.--For each fiscal year for which the
Secretary reserves funds under section 4103(a)(3) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7113(a)(3)), the Secretary shall fully obligate
such funds by awarding grants to eligible entities
under this section in such fiscal year, except that the
funds reserved under such section 4103(a)(3) for the
first fiscal year that begins after the date of
enactment of this Act may be so fully obligated by not
later than the end of fiscal year that follows such
first fiscal year.
(B) Hiring freeze.--
(i) In general.--Subject to clause (ii), if
the Secretary fails to comply with the
requirements of subparagraph (A) for a fiscal
year, beginning on October 1 of the succeeding
fiscal year--
(I) no individual may be appointed
to any position within the Department
of Education;
(II) no new position may be
established at the Department;
(III) no officer or employee of the
Department may be assigned any duties
not assigned to that employee in the
preceding fiscal year; and
(IV) no officer or employee of the
Department may be transferred to a duty
station other than the duty station
applicable to such officer or employee
in the preceding fiscal year.
(ii) Exception for first year.--In a case
in which the Secretary fails to comply with the
requirements of subparagraph (A) in the first
fiscal year that begins after the date of
enactment of this Act, the hiring freeze
described in subclauses (I) through (IV) of
clause (i) shall take effect beginning on
October 1 of the second succeeding fiscal year.
(c) Termination of Hiring Freeze.--Any hiring freeze described in
subclauses (I) through (IV) of subsection (b)(3)(B)(i) for a fiscal
year shall be terminated on the date on which the Secretary of
Education notifies the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate that any unobligated funds that have been
reserved under section 4103(a)(3) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7113(a)(3)) for the preceding fiscal
year have been awarded under this section to eligible entities.
(d) Reporting Requirements.--
(1) Report.--On the day when the Secretary establishes an
announcement of a grant application process under subsection
(b)(1), the Secretary of Education shall submit to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate an accompanying report on the
efforts of the Department of Education to--
(A) create a streamlined grant application process
under this section; and
(B) request the minimum amount of information from
grant applicants.
(2) Annual report.--The Secretary shall submit to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate a report, on an annual basis, on the
following:
(A) The average amount of time between when a grant
applicant submits an application under this section and
the disbursement of funds to a grant applicant, and
efforts to reduce that average time.
(B) Any Department practices, procedures, and
rulemakings that could delay or limit accessibility to
grant disbursements.
(e) Definitions.--In this section:
(1) Defensive training program.--The term ``defensive
training program'' shall include any training or program that--
(A) instructs an individual on the best practices
for carrying a firearm on school property for defensive
purposes as approved by--
(i) a State or local government; or
(ii) school administrators, a school board,
or other governing body of a school;
(B) instructs an individual on the best practices
for using or carrying, or storing (if applicable) a
firearm on school property for defensive purposes,
including--
(i) the protection of students from a
violent criminal;
(ii) the interaction of armed citizens with
first responders;
(iii) denying an intruder entry into a
classroom or school facility; or
(iv) increasing an individual's accuracy
with a firearm while under duress; and
(C) instructs individuals on the use of emergency
medical response equipment and traumatic injury kits.
(2) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) A local educational agency, or a consortium of
local educational agencies.
(B) The Bureau of Indian Education.
(C) A private elementary school or secondary
school.
(D) An entity described in subparagraph (A), (B),
or (C), in partnership with--
(i) a nonprofit organization that has
demonstrated experience in defensive training
programs;
(ii) a business; or
(iii) an educational service agency.
(E) A nonprofit organization that has demonstrated
experience in defensive training programs.
(3) ESEA terms.--The terms ``educational service agency'',
``elementary school'', ``local educational agency'',
``secondary school'', and ``Secretary'' have the meanings given
the terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H2092)
Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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