To authorize the Secretary of Homeland Security to establish a competitive program to make emergency preparedness planning and implementation grants to local educational districts/agencies located in areas under a high threat of terrorist attacks, natural disasters, or public health emergencies.

SECTION 1. SHORT TITLE.

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

SEC. 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 dsitricts 
        involved in emergency planning and preparedness.

SEC. 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).
    (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 2011 through 2013.

Summary: Elementary and Secondary School Emergency Preparedness Planning Act - Requires the Secretary of Homeland Security (DHS) to 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. Directs the Secretary, in awarding grants, to give priority to: (1) local educational agencies and districts located in areas with higher population densities that are under a higher threat of terrorist attacks, natural disasters, or public health emergencies. And (2) such agencies and districts that have demonstrated the ability to formulate and implement effective emergency preparedness plans. Requires a local educational agency or district receiving a grant to use such funds to formulate and implement an emergency preparedness plan, which shall provide for: (1) 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, (2) the creation of a Regional Advisory Council. And (3) 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. Permits remaining funds to be used for any purpose relating to emergency preparedness planning or implementation.