I 112th CONGRESS 1st Session H. R. 1128 IN THE HOUSE OF REPRESENTATIVES March 16, 2011 Ms. Richardson (for herself, Ms. Bass of California, Ms. Wilson of Florida, Mr. Baca, Mr. Sablan, Ms. Jackson Lee of Texas, Ms. Norton, and Mr. Filner) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Homeland Security and Energy and Commerce, 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 authorize the Secretary of Homeland Security to establish a competitive program to make emergency preparedness planning and implementation grants to local educational agencies and districts located in areas under a high threat of terrorist attacks, natural disasters, or public health emergencies.

1.

Short title

This Act may be cited as the Elementary and Secondary School Emergency Preparedness Planning Act.

2.

Findings

Congress finds the following: (1)There is an immediate need for comprehensive and coordinated emergency preparedness planning support for local educational agencies and districts nationwide. (2)Local educational agencies and districts historically have had limited roles in the emergency preparedness planning process administered by other agencies and districts, have not received priority consideration in that process, and have had minimal access to funds allocated to emergency preparedness. (3)Grants made under section 3 will enable local educational agencies and districts to take an active role in emergency planning and give them access to the broad range of skills and expertise of the many other agencies or districts involved in emergency planning and preparedness.

3.

Elementary and secondary school emergency preparedness planning grant program

(a)

Establishment

The Secretary of Homeland Security shall establish a competitive program to make grants for emergency preparedness planning and implementation to local educational agencies and districts located in areas under a high threat of terrorist attacks, natural disasters, or public health emergencies. (b)

Eligibility

The Secretary may only award a grant under this section to a local educational agency or district that— (1)is located near a place that is under a high threat of— (A)terrorist attacks, as determined by the Secretary; (B)natural disasters, as determined by the Secretary, acting through the Administrator of the Federal Emergency Management Agency; or (C)public health emergencies, as determined by the Secretary, in consultation with the Director of the Centers for Disease Control and Prevention; and (2)submits an application at such time, in such form, and with such information and assurances as the Secretary may require, including— (A)assurances that such local educational agency or district will use such grant amounts to carry out the activities in subsection (e); and (B)a budget and timeline for carrying out such activities. (c)

Priority

(1)

Initial priority

In awarding grants under this section, the Secretary shall give priority to local educational agencies and districts located in areas with higher population densities and that are under a higher threat of terrorist attacks, natural disasters, or public health emergencies than other local educational agencies and districts eligible under subsection (b). (2)

Further priority

Among the priority local educational agencies and districts described in paragraph (1), the Secretary shall give further priority to local educational agencies and districts that have in the past demonstrated the ability to formulate and implement effective emergency preparedness plans. (d)

Grant amount

Amounts awarded under this section shall not exceed $500,000 per local educational agency or district per fiscal year. (e)

Use of funds

(1)

Required use of funds

(A)

In general

A local educational agency or district receiving a grant under this section shall use such funds to implement or to formulate and implement an emergency preparedness plan. (B)

Elements of plan

The plan required by subparagraph (A) shall provide for— (i)the creation in the office of the superintendent or other chief executive officer of the local educational agency or district of a School Emergency Response Center to provide coordination, communication, and support for school-based emergency preparedness planning and implementation; (ii)the creation of a Regional Advisory Council chaired by the superintendent or other chief executive officer of the local educational agency or district and composed of other appropriate representatives from the local educational agency or district and from emergency management and law enforcement agencies, local public health offices, nongovernmental organizations, and other appropriate stakeholders; and (iii)the development of a plan specific to each school under the local educational agency’s or district’s authority for each type of emergency likely to occur in the area. (2)

Permitted use of funds

A local educational agency or district receiving a grant under this section may use any such funds remaining after complying with paragraph (1)(A) for any purpose relating to emergency preparedness planning or implementation. (f)

Local educational agency defined

As used in this section, the term local educational agency has the meaning given the term in section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)), and, if applicable, such term also includes a group of local educational agencies located in the same region that are collaborating to formulate and implement an emergency preparedness plan described in subsection (e)(1) of this section. (g)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $25,000,000, of which not more than 5 percent shall be available for the costs of administering the grant program, for each of the fiscal years 2012 through 2014.