Short title

This Act may be cited as the

Schools Empowered to Respond Act

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:

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.

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.

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,.

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.