[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5766 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5766

    To amend the Homeland Security Act of 2002 to establish in the 
     Department of Homeland Security the Office of National School 
           Preparedness and Response, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2008

Mr. Etheridge (for himself, Mr. Thompson of Mississippi, Mrs. McCarthy 
of New York, Mrs. Christensen, Mr. Cohen, Mrs. Jones of Ohio, Mr. Hare, 
  Ms. Jackson-Lee of Texas, Ms. Schakowsky, Ms. Clarke, Mr. Miller of 
  North Carolina, Mrs. Capps, and Mr. Honda) introduced the following 
bill; which was referred to the Committee on Homeland Security, and in 
 addition to the Committee on Transportation and Infrastructure, 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 amend the Homeland Security Act of 2002 to establish in the 
     Department of Homeland Security the Office of National School 
           Preparedness and Response, 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 ``Schools Empowered to Respond Act''.

SEC. 2. ESTABLISHMENT OF OFFICE OF NATIONAL SCHOOL PREPAREDNESS AND 
              RESPONSE.

    (a) In General.--Title VII of the Homeland Security Act of 2002 (6 
U.S.C. 341 et seq.) is amended by adding at the end the following new 
section:

``SEC. 708. OFFICE OF NATIONAL SCHOOL PREPAREDNESS AND RESPONSE.

    ``(a) Establishment.--There is an Office of National School 
Preparedness and Response within the Office of the Secretary of 
Homeland Security.
    ``(b) Director.--The Office of National School Preparedness and 
Response shall be headed by a National Director for School Preparedness 
and Response (in this section referred to as the `Director').
    ``(c) Responsibilities.--The Director shall have primary 
responsibility within the Department for the support of statewide, 
regional, and national efforts to enhance the collective response to 
acts of terrorism and other natural and man-made disasters at schools, 
including the following:
            ``(1) Serving as the principal advisor to the Secretary on 
        the needs of schools and children in response to emergency 
        situations, including acts of terrorism and other natural and 
        man-made disasters, and providing the Secretary with guidance 
        on how to address the role of schools and those who care for 
        children in the National Strategy for Homeland Security.
            ``(2) Ensuring that policies, programs, and activities in 
        the Department developed for the collective response to 
        terrorism and other emergencies appropriately consider the 
        needs of and impact upon schools and children, by facilitating 
        the coordination of relevant agencies of the Department and 
        reviewing departmental policies.
            ``(3) Coordinating with appropriate Federal agencies to 
        enhance the collective response to terrorism and other 
        emergencies at State, regional, local, and tribal levels at 
        schools, including the following:
                    ``(A) Developing initiatives and best practices.
                    ``(B) Supporting efforts of local education 
                agencies and other education institutions.
                    ``(C) Creating and promoting training materials for 
                elementary, secondary, and post-secondary teachers and 
                school personnel, school resource officers, and school 
                emergency planning professionals, including current 
                training efforts in the Department.
                    ``(D) Coordinating continued collaborations of the 
                Department, including the Safe Schools Initiative.
            ``(4) Creating an Internet clearinghouse, in partnership 
        with other appropriate Federal agencies, that identifies 
        resources available to schools and, as appropriate, includes 
        detailed implementation instructions or examples. The 
        clearinghouse shall--
                    ``(A) incorporate guidance and best practices for 
                the collective response to acts of terrorism and 
                natural and man-made disasters, addressing at a 
                minimum--
                            ``(i) advance planning;
                            ``(ii) training with local law enforcement 
                        and first responders;
                            ``(iii) sheltering and evacuating special 
                        needs students; and
                            ``(iv) incorporating procedures for 
                        continuation of education in the event of 
                        extended school closures; and
                    ``(B) include a resource to educate and empower 
                educators, school personnel, students, and parents to 
                know their roles in the collective response to acts of 
                terrorism and natural and man-made disasters, such as 
                that created by the Ready Campaign of the Department.
            ``(5) Monitoring the use of Federal grants within the 
        Department and at other Federal agencies that support the 
        collective response to acts of terrorism and natural and man-
        made disasters at schools, and based on such monitoring--
                    ``(A) making recommendations to improve the 
                effectiveness of such funding; and
                    ``(B) ensuring that grant guidance is clear 
                regarding whether schools are eligible for support or 
                disbursement of funds.
            ``(6) Working with States to support State efforts to make 
        school district emergency management plans consistent with 
        federally recommended practices.
            ``(7) Working with volunteer organizations, including the 
        Citizen Corps, to encourage the involvement of schools and the 
        consideration of school needs in planning and execution.
            ``(8) Working with other Department officials to ensure 
        that schools are appropriately categorized within the Critical 
        Infrastructure/Key Resources regime.
            ``(9) Working to ensure that schools are appropriately 
        considered and prioritized in the development of and 
        recommendations connected with the National Infrastructure 
        Preparedness Plan and the National Response Framework.
            ``(10) Ensuring that education officials have input with 
        the Government Coordinating Council.
            ``(11) Reviewing public awareness programs and screening 
        policies by departmental entities, including transportation and 
        border security screening, and ensure that such policies 
        consider the needs and well-being of children.
            ``(12) Any additional responsibilities as determined by the 
        Secretary.
    ``(d) Report to Congress.--Not later than one year after the date 
of the enactment of the Schools Empowered to Respond Act, and every two 
years thereafter, the Director shall submit to Congress a report on the 
activities of the Office of National School Preparedness and Response 
and the success of efforts to support the collective response to 
terrorism and other emergencies at schools.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 707 
the following new item:

``Sec. 708. Office of National School Preparedness and Response.''.

SEC. 3. HOMELAND SECURITY GRANTS.

    (a) Eligibility of Schools for Funding.--
            (1) UASI and shsgp.--Section 2008(a)(8) of the Homeland 
        Security Act of 2002 (6 U.S.C. 609(a)(8)) (as amended by the 
        Implementing Recommendations of the 9/11 Commission Act of 
        2007) is amended to read as follows:
            ``(8) enhancing school preparedness, including--
                    ``(A) the development of school security plans, 
                including emergency preparedness evaluations and 
                technical assistance;
                    ``(B) training and exercises to assist public 
                elementary and secondary schools in developing and 
                implementing programs to instruct students regarding 
                age-appropriate skills to prevent, prepare for, respond 
                to, mitigate against, or recover from an act of 
                terrorism;
                    ``(C) staff development days to develop emergency 
                plans and train and drill plans with appropriate staff; 
                and
                    ``(D) communications equipment vital for 
                implementation of a school security plan or school 
                transportation security plan.''.
            (2) Law enforcement terrorism prevention program.--Section 
        2006(a)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
        607(a)(2)) (as amended by the Implementing Recommendations of 
        the 9/11 Commission Act of 2007) is amended by redesignating 
        subparagraphs (H) and (I) as subparagraphs (I) and (J), 
        respectively, and by inserting after subparagraph (G) the 
        following new subparagraph:
                    ``(H) training activities consistent with a State 
                homeland security plan, including training that 
                involves officials of State or local governments or 
                schools;''.
    (b) Prioritization of Grant Proposals That Describe Effect on 
Schools.--Section 2007(a)of the Homeland Security Act of 2002 (6 U.S.C. 
608(a)(2)) (as amended by the Implementing Recommendations of the 9/11 
Commission Act of 2007) is amended by striking ``and'' after the 
semicolon at the end of paragraph (1), by striking the period at the 
end of paragraph (2) and inserting ``; and'', and by adding at the end 
the following new paragraph:
            ``(3) the extent to which grant proposals describe how the 
        proposed use of a grant by a State or high-risk urban area 
        considers the effect of that use for the collective response to 
        acts of terrorism and other natural and man-made disasters and 
        on the preparedness or utilization of auxiliary facilities and 
        actors, including local education agencies and State education 
        resources.''.

SEC. 4. ENSURING SCHOOLS HAVE A VOICE IN NATIONAL, STATE, AND LOCAL 
              HOMELAND SECURITY PLANNING.

    (a) General Responsibility.--
            (1) Section 102(c) of the Homeland Security Act of 2002 is 
        amended--
                    (A) by inserting ``and through the Office of School 
                Preparedness and Response (established under section 
                708)'' after ``equipment)''; and
                    (B) by inserting ``with the education sector,'' 
                after ``authorities,''.
            (2) Section 102(c)(1) of such Act is amended by inserting 
        ``with the education sector,'' after ``authorities,''.
    (b) Amendments to Homeland Security Planning Provisions.--
            (1) Representation of state departments of education in 
        state homeland security decision making.--
                    (A) Condition of receipt of assistance.--Section 
                2002 of the Homeland Security Act of 2002 (6 U.S.C. 
                603) is amended by adding at the end the following:
    ``(d) Representation of State Departments of Education in State 
Homeland Security Decision Making.--The Secretary shall require, as a 
condition of receipt of grants to any State under section 2003 and 
2004, that the State include, in each homeland security decision-making 
body of the State that has authority to determine how such grants will 
be used, a representative, selected by the State education authority, 
who has an understanding of the emergency planning needs of local 
schools.''.
                    (B) Limitation on application.--The amendment made 
                by subparagraph (A) shall apply with respect to grants 
                made with amounts appropriated for fiscal years 
                beginning after the date of the enactment of this Act.
            (2) School resource officers are emergency response 
        providers.--Section 2(6) of the Homeland Security Act of 2002 
        (6 U.S.C. 101(6)) is amended by inserting ``school resource 
        officer,'' after ``law enforcement,''.
            (3) School officials on state grant planning committees.--
        Section 2021(b)(2)(A) of the Homeland Security Act of 2002 (6 
        U.S.C. 611(b)(2)(A)) is amended by striking ``and'' after the 
        semicolon at the end of clause (i), by striking the period at 
        the end of clause (ii) and inserting ``; and'', and by adding 
        at the end the following new clause:
                            ``(iii) school emergency planning 
                        officials, which may include representatives of 
                        the State education authority, local education 
                        agencies, and universities, and experts in 
                        school security and school emergency 
                        preparedness.''.
            (4) National training exercises effect on children and 
        schools.--Section 648(b)(2)(A) of the Department of Homeland 
        Security Appropriations Act, 2007 (6 U.S.C. 748) is amended by 
        striking ``and'' after the semicolon at the end of clause (iv), 
        by redesignating clause (v) as clause (vi), and by inserting 
        after clause (iv) the following new clause:
                            ``(v) designed to address the unique needs 
                        of children in the event of a terrorist attack 
                        or other emergency and the impact of the same 
                        on schools and education facilities; and''.
            (5) DHS reporting on grant effectiveness.--Section 
        652(a)(2)(E) of the Department of Homeland Security 
        Appropriations Act, 2007 (6 U.S.C. 752(a)(2)(E)) (as amended by 
        Public Law 110-53) is amended by striking ``and'' after the 
        semicolon at the end of clause (i), by striking the period at 
        the end of clause (ii) and inserting ``; and'', and by adding 
        at the end the following new clause:
                            ``(iii) have led to the resiliency of 
                        public institutions, including schools, during 
                        and after an act of terrorism or other natural 
                        or man-made disaster.''.
            (6) Consideration of education officials for the national 
        advisory council.--Section 508(c)(1) of the Homeland Security 
        Act of 2002 (6 U.S.C. 318(c)(1)) is amended--
                    (A) in subparagraph (A) by inserting ``, school 
                resource officers and experts in school emergency 
                preparedness,'' after ``emergency medical services,''; 
                and
                    (B) in subparagraph (C) by inserting ``, the 
                education sector'' after ``governments,''.

SEC. 5. SENSE OF CONGRESS ON EDUCATION SECTOR FOR HOMELAND SECURITY.

    (a) Findings.--Congress makes the following findings:
            (1) Children spend a significant portion of the day in 
        schools and rely on education institutions for the safety and 
        security throughout the day.
            (2) School facilities are major public assets in many 
        communities and will be relied upon for shelter in-place and 
        other uses during a terrorist or other emergency for children 
        and adults.
    (b) Sense of Congress Regarding Adoption of Voluntary National 
Standards.--It is the sense of Congress that the Secretary of Homeland 
Security should promote, where appropriate, the adoption of voluntary 
national standards in schools to prepare for and enable a collective 
response to acts of terrorism and other natural and man-made disasters.
    (c) Sense of Congress Regarding Planning.--It is the sense of 
Congress that to ensure the ability of schools to participate in the 
collective response to terrorism and other emergencies, plans for 
responding to acts of terrorism and other natural and man-made 
disasters should include, as appropriate, the following:
            (1) A risk assessment addressing relative risks for local 
        education authorities, schools, and other education 
        institutions, similar to risk analysis and management for 
        critical asset protection.
            (2) Detailed school emergency plans, including, as 
        appropriate, the following:
                    (A) District-wide school safety plans, including 
                policies and procedures for the following:
                            (i) Responding to threats, including 
                        terrorist threats.
                            (ii) Responding to acts of violence that 
                        could arise from terrorism.
                            (iii) Appropriate prevention and 
                        intervention strategies, such as the following:
                                    (I) Training for security 
                                personnel, including regarding how to 
                                de-escalate potentially violent 
                                situations.
                                    (II) Conflict resolution.
                                    (III) Peer mediation.
                                    (IV) Youth courts.
                                    (V) Extended day programs.
                                    (VI) Contacting law enforcement and 
                                first responders.
                                    (VII) Contacting parents or 
                                guardians.
                                    (VIII) School building security.
                                    (IX) Dissemination of informative 
                                materials regarding early detection of 
                                potentially violent behaviors.
                                    (X) Annual school safety training 
                                for staff and students.
                                    (XI) Protocol for responding to 
                                bomb threats, hostage taking, intruders 
                                and kidnappers.
                                    (XII) Developing strategies to 
                                improve communication among students 
                                and between students and staff.
                                    (XIII) Description of duties of 
                                hall monitors and other school safety 
                                personnel.
                    (B) Building-level emergency response plans that 
                include the following:
                            (i) Policies and procedures for safe 
                        evacuation, including evacuation routes, 
                        shelter sites, procedures for addressing 
                        medical needs, transportation, and emergency 
                        notification to parents.
                            (ii) Designation of an emergency response 
                        team.
                            (iii) Access to floor plans, blueprints, 
                        and schematics of school interiors and grounds, 
                        and road maps of surrounding areas.
                            (iv) An internal and external communication 
                        system.
                            (v) Implementation of an incident command 
                        system.
                            (vi) Coordination with any State-wide 
                        disaster mental health plan.
                            (vii) Procedures to review and conduct of 
                        drills and exercises to test components of 
                        plans.
                            (viii) Policies and procedures for securing 
                        and restricting access to crime scene.
                                 <all>