Thursday, April 11, 2013

S. 433 - CAMPUS Safety Act of 2013 was introduced by Senator Mark Warner

The Summary to the bill is not yet included here. There is one major action of being introduced to the Senate and is currently in committee. It is related to two other bills already listed in the previous entry. There are no additional bills relating to this bill. There is one co-sponsor to date Senator Mark Kirk which makes this a bi-partisan bill. It has two titles listed below.

Short Titles as Introduced:


CAMPUS Safety Act of 2013

Center to Advance, Monitor, and Preserve University Security Safety Act of 2013

Introduced in Senate (02/27/2013)

S. 433

To establish and operate a National Center for Campus Public Safety.

I hope this is similar to initiatives we have witnessed on some campuses in the USA whereby guns have to be checked when entering campus at a center where campus law enforcement maintains them under lock and key. I don't know that, but, it seems to be a reasonable and prudent thing to do. I believe it was the University of Maine which practices this safety measure already.

IN THE SENATE OF THE UNITED STATES

February 28, 2013

Mr. Warner (for himself and Mr. Kirk) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Center to Advance, Monitor, and Preserve University Security Safety Act of 2013'' or the ``CAMPUS Safety Act of 2013''.

Those are self explanatory.

SEC. 2. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.


There are two previous laws cited in this bill. The Omnibus Crime ... is about public safety and Section 3751 is about the Justice Department. The first basically writes the law and the second empowers the law.

PART E - ADMINISTRATIVE PROVISIONS

Sec. 501. The Administration is authorized, after appropriate,consultation with representatives of States and units of general local government, to establish such rules, regulations, and procedures as are necessary to the exercise of its functions, and are consistent with the stated purpose of this title.

As a side note, these laws appear and are to be published in The Federal Register (click here). There is a distinction between Public and Private in the definition of words. The people opposing the new proposed laws want to make a distinction between public and private as if there is something strange happening with the new gun legislation. That is not the case. Just because a 'Private' designation is provided to a law or bill doesn't mean there is any constitutional infraction. Those opposing moving forward on these bills are using deception in their debate. Deception intended to intimidate and anger the public. So, let's get at least that straight.

Government has the right to pass laws that effect the 'private' realm of our society and country. It is a constitutional right. Much of what is being discussed in these bills will impact the 'private realm' of our nation. It will not impose restrictions on LIBERTY or FREEDOM, but, it make sure that RIGHT and PRIVILEGE will not endanger the lives of others. That is constitutional and an OBLIGATION of any elected official.

PUBLIC AND PRIVATE LAWS (click here)
Public and private laws are also known as slip laws. A slip law is an official publication of the law and is competent evidence admissible in all state and Federal courts and tribunals of the United States. Public laws affect society as a whole, while private laws affect an individual, family, or small group....

Below are additions to the law entitled The Omnibus Crime Control and Safe Streets Act of 1968. This law, by the way, was first conceptualized after the death of President Kennedy. It is the law that mandates Miranda Rights among other things. It is tried and true law and proven to be constitutional sometimes to the disdain of police and prosecutors alike. I think it also expanded the rules for the FBI in conducting wire tapping.

Previous to The Omnibus Crime Control and Safe Streets Act of 1968 there was no control over sales and possession of guns in the USA.

I've included a link above for the Federal Register. The government at any level is required to publish legislative acts being taken that will effect citizens' lives. The Federal Register has the unique status of being CURRENT as well as HISTORICAL documentation of any and all legislation proposed by the federal government. It is an excellent library source and found at The Library of Congress.


(a) GRANTS AUTHORIZED.—

(1) IN GENERAL.—From amounts made available to carry out this subpart, the Attorney General may, in accordance with the formula established under section 505, make grants to States and units of local government, for use by the State or unit of local government to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice, including for any one or more of the following programs:

(A) Law enforcement programs.
(B) Prosecution and court programs.
(C) Prevention and education programs.
(D) Corrections and community corrections programs.
(E) Drug treatment and enforcement programs.
(F) Planning, evaluation, and technology improvement programs.
(G) Crime victim and witness programs (other than compensation).

The first provision ADDS language to include the new "National Center for Campus Public Safety."

This adds a new subsection to the existing law providing for
(A) in subsection (a)(1)--
(i) in the matter preceding subparagraph 
(A), by inserting ``or purposes'' after ``one or more of the following programs''; and

ii) by adding at the end the following

(H) Making subawards to institutions of higher education and other nonprofit organizations to assist the National Center for Campus Public Safety in carrying out the functions of the Center required under section 509(b).'';

and

(B) in subsection (b)--

(b) CONTRACTS AND SUBAWARDS.—A State or unit of local government may, in using a grant under this subpart for purposes authorized by subsection 
(a), use all or a portion of that grant to contract with or make one or more subawards to one or more—

(i) in paragraph (1), by striking ``or'' at the end;

(1) neighborhood or community-based organizations that are private and nonprofit; or

(ii) in paragraph (2), by striking the period and inserting ``; or''; 

(2) units of local government.

and

(iii) by adding at the end the following:

This is a new provision so the language is simply being added.

(3) institutions of higher education and other nonprofit organizations, for purposes of carrying out section 509.''; and
(2) by adding at the end the following:

The current law ends with Sec. 508. This is an entirely new section of the law. This section provides the understandings of the language to facilitate the "National Center for Campus Public Safety."

``SEC. 509. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.

It defines High Education through 'standard legal language' already in existence. It assigns the Center to the US Attorney General for enforcement and clarification. The Center is to provide education and training and to work in collaboration with other partners including the campus mental health facility, be it on or off campus.

It focuses on best practices. It provides for collaboration with Homeland Security to ensure current best practices.

The Center is to foster research. The collaboration does not end with Homeland Security. There can be collaborative efforts with states, local governments and their law enforcement agencies to be sure there is continuity across the spectrum of best practices.

There can be collaboration with the Secretary of Education to be sure best practices include a strong educational basis. Tribal governments are included in all these focus.

``(5) promote the development and dissemination of effective behavioral threat assessment and management models to prevent campus violence;
Section (5) more or less deals with the failure of intervention with Jared Lee Loughner. He was identified as a risk by educators, yet there was no effective way of intervening. This closes that gap. Recalling also Virginia Tech. There security problems with guns on campus created a devastating circumstance destroying lives both dead and survivors including other students on campus that were traumatized by the event.

``(d) Coordination With Available Resources.--In establishing the Center, the Attorney General shall--

This is an 'efficiency' provision. In other words, DON'T WASTE ANY FUNDING ON DUPLICITY. Find dynamics within the government that can be enhanced without establishing more bureaucracy.

``(2) ensure coordination with campus public safety resources within the Department of Homeland Security, including within the Federal Emergency Management Agency, and the Department of Education; and

I love this one. If one recalls after major disasters since Katrina there were huge impacts on the ability to educate students. Along with that insult was the ability to re-establish security. This provision provides funding from FEMA to the Center to repair areas needed to carry out the security of campuses. I think this is good. It prioritizes security in regard to quality and timely education. I like it a lot.

``(3) coordinate within the Department of Justice and existing grant programs to ensure against duplication with the program authorized by this section.
``(e) Reporting and Accountability.--At the end of each fiscal year, the Attorney General shall--

Here again language is explicit in regard to efficiency and there is to be oversight with reporting and accountability. It is a good bill.
SEC. 3. RULE OF CONSTRUCTION.

Nothing in this Act or the amendments made by this Act shall preclude public elementary and secondary schools or their larger governing agencies from receiving the informational and training benefits of the National Center for Campus Public Safety authorized under section 509 of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this Act.

Section 3 is about perfection. It seeks to bring best practices to all levels of education without the necessity of still yet more legislation. It closes the gap across educational standards from K through university. Probably Pre-k, too. Our youngest will receive the protections of best practices across all spectrum of this law.

I like this bill. I like it a lot. It closes in on the dysfunction within our society left unaddressed by previous legislation.

That is the end of Bill S. 433.