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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4956 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4956

   To create a Council on Emergency Response Protocols to ensure the 
 establishment of accessible, developmentally appropriate, culturally 
   aware, and trauma-informed emergency response protocols in public 
 schools, early childcare and education settings, and institutions of 
               higher education, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 3, 2020

 Mr. Casey (for himself, Ms. Duckworth, and Mr. Van Hollen) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
   To create a Council on Emergency Response Protocols to ensure the 
 establishment of accessible, developmentally appropriate, culturally 
   aware, and trauma-informed emergency response protocols in public 
 schools, early childcare and education settings, and institutions of 
               higher education, 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 ``Promoting Responsible Emergency 
Protocols for All Students Act'' or the ``PREP for All Students Act of 
2020''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The lack of accessible, developmentally appropriate, 
        culturally aware, and trauma-informed emergency response 
        protocols for children and youth in public schools, early 
        childcare and education settings, and institutions of higher 
        education is not a trivial issue:
                    (A) In 2016, there were 12,032,000 children from 
                ages 3 to 5 enrolled in preprimary education programs, 
                and almost one-quarter of children under the age of 5 
                are in some form of child care arrangement, including 
                nurseries, child care centers, and preschools.
                    (B) In the 2017-2018 school year--
                            (i) 14 percent of students in grades 
                        kindergarten through grade 12 had a disability; 
                        and
                            (ii) 11 percent of students in 
                        postbaccalaureate programs self-identified as 
                        having a disability.
            (2) As of the date of enactment of this Act, little has 
        been done to integrate specific populations, such as children 
        and youth at various developmental stages or children and youth 
        with disabilities, into emergency preparedness planning.
            (3) In 2018 alone, there were 108 natural disasters in the 
        United States, including severe thunderstorms, floods, 
        wildfires, droughts, earthquakes, and other extreme weather.
            (4) During the 16 academic years from 2000 through 2015, 
        there were 85 fatal fires in dormitories, fraternities, 
        sororities, and off-campus housing, resulting in 118 
        fatalities--an average of approximately 7 per school year.
            (5) The risks associated with natural and manmade disasters 
        have a disproportionate impact on individuals with 
        disabilities. People with disabilities are 2 to 4 times more 
        likely to die or sustain critical injuries during a disaster 
        than people without disabilities.
            (6) Technology plays an increasingly vital role in 
        emergency communications but remains largely inaccessible for 
        many individuals with disabilities.
            (7) The rise of gun violence and gun violence-related 
        deaths has contributed to the expansion of school security 
        technologies and devices. While such technologies and devices 
        have the potential to save lives, they have largely been 
        developed without consideration of the needs of students at 
        various developmental stages or students with disabilities. 
        Thus, there may be inherent biases within these technologies 
        and devices that disadvantage or create bias toward specific 
        populations.
            (8) As of the date of enactment of this Act, 92 percent of 
        schools nationwide have an active shooter lockdown protocol. 
        More than 1,000,000 elementary-age children experienced a 
        lockdown in the 2017-2018 school year, and among that group, at 
        least 220,000 were in kindergarten or prekindergarten.
            (9) While the Department of Homeland Security active 
        shooter emergency guidelines recommend that students and 
        personnel in school and early childcare and education settings 
        ``Run, Hide, and Fight'', these strategies can exacerbate 
        danger for young children in prekindergarten and child care 
        centers, and can exclude and put at risk students with a wide 
        range of disabilities.
            (10) At the height of the 2019 novel coronavirus (COVID-19) 
        pandemic, emergency closures of early education centers, 
        elementary schools, secondary schools, and institutions of 
        higher education created great disruptions in learning and cast 
        a light on educational institutions' lack of preparedness 
        protocols for public health emergencies.
            (11) During the pandemic, early care and education remains 
        indispensable for the development of children and for millions 
        of health care workers, first responders, educators, and 
        essential personnel, and it is imperative that early care and 
        education centers and schools have emergency preparedness plans 
        to ensure the safety of students and educators.
            (12) Emergency preparation drills and real-life lockdowns 
        where danger may be external can create undue stress, fear, and 
        trauma in children, youth, employees, and other specific 
        populations in schools, early childcare and education settings, 
        and institutions of higher education.
            (13) Traumatic events have a long-lasting and profound 
        sensory impact on young children, as birth to age 5 is a 
        critical developmental age. Frightening visual stimuli, loud 
        noises, violent movements, and other sensations associated with 
        an unpredictable frightening event, such as in an emergency 
        preparation drill or lockdown, can cause substantial stress. 
        Unlike older children, young children cannot express in words 
        whether they feel afraid, overwhelmed, or helpless, and may 
        have difficulty regulating their behavior and emotions after 
        experiencing trauma.
            (14) There is an increasing need to ensure the 
        establishment of accessible, developmentally appropriate, 
        culturally aware, and trauma-informed emergency response 
        protocols, including gun violence response and prevention 
        protocols, natural disaster preparedness procedures, fire 
        drills, and other emergency preparation drills or lockdown 
        procedures, in public schools, early childcare and education 
        settings, and institutions of higher education.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) ESEA definitions.--The terms ``elementary school'', 
        ``local educational agency'', ``paraprofessional'', ``school 
        leader'', ``secondary school'', and ``specialized instructional 
        support personnel'' have the meanings given the terms in 
        section 8101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801).
            (2) Accessible.--The term ``accessible'', when used with 
        respect to an emergency response protocol, means a protocol 
        that--
                    (A) is developed in full compliance with title II 
                of the Americans with Disabilities Act of 1990 (42 
                U.S.C. 12131 et seq.) and the Rehabilitation Act of 
                1973 (29 U.S.C. 701 et seq.); and
                    (B) accounts for a comprehensive range of 
                disabilities, including children and youth who use non-
                speech modes of communication.
            (3) Council.--The term ``Council'' means the Council on 
        Emergency Response Protocols established under section 4.
            (4) Culturally aware.--The term ``culturally aware'', when 
        used with respect to an emergency response protocol, means a 
        protocol that--
                    (A)(i) incorporates the roles of first responder 
                personnel, law enforcement personnel, school resource 
                officers, and other authorities in the communities 
                where the students live and attend school;
                    (ii) takes into account the use and prevalence of 
                firearms in such communities; and
                    (iii) is cognizant of the ways in which African-
                American students and students of other racial or 
                ethnic minority groups are more likely to face 
                disciplinary action in schools;
                    (B) is designed to be sensitive to and respect 
                cultural differences and differences in customs and 
                worldview; and
                    (C) considers the ways in which certain emergency 
                events have disparate impact on African Americans, 
                Native peoples, and other racial and ethnic minorities.
            (5) Developmentally appropriate.--The term 
        ``developmentally appropriate'', when used with respect to an 
        emergency response protocol, means a protocol that is 
        appropriate for children's ages and physical, social, sensory, 
        and emotional developmental statuses.
            (6) Disability.--The term ``disability'' has the meaning 
        given the term in section 3 of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12102).
            (7) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
            (8) Trauma-informed.--The term ``trauma-informed'', when 
        used with respect to an emergency response protocol, means a 
        protocol that--
                    (A) recognizes the prevalence of trauma and the 
                role that trauma plays in the lives of children, youth, 
                and survivors of trauma;
                    (B) considers the physical, psychological, and 
                emotional well-being of individuals during and after an 
                emergency event; and
                    (C) takes an approach that actively combats the 
                traumatization or retraumatization of children, youth, 
                and survivors of trauma.

SEC. 4. ESTABLISHMENT OF COUNCIL ON EMERGENCY RESPONSE PROTOCOLS.

    (a) Establishment.--There is established a Council on Emergency 
Response Protocols.
    (b) Composition.--
            (1) Chairperson.--The Secretary of Education, in an 
        expeditious manner, shall appoint an individual who represents 
        one of the categories described in paragraph (2) to serve as a 
        member and chairperson of the Council.
            (2) Appointed members.--By not later than 90 days after the 
        date of enactment of this Act, the chairperson of the Council 
        shall appoint a member to the Council for each of the following 
        categories (except for the category represented by the 
        chairperson):
                    (A) An executive director or a representative from 
                a national organization representing individuals with 
                disabilities.
                    (B) An executive director or a representative from 
                a national organization representing early childcare 
                educators.
                    (C) The executive director or a representative from 
                a national organization representing law enforcement 
                officials.
                    (D) The executive director or a representative from 
                an organization focused on emergency preparedness 
                training in early childcare.
                    (E) A member of an organization representing 
                teachers, school leaders, specialized instructional 
                support personnel, and paraprofessionals.
                    (F) A member of an organization representing 
                school-based child welfare and mental health 
                professionals.
                    (G) An individual with a physical, sensory, 
                intellectual, or developmental disability who has 
                demonstrated disability advocacy experience in 
                kindergarten through grade 12 education.
                    (H) An individual with a mental health disability 
                who has been enrolled in an institution of higher 
                education for at least a year during the 5 years prior 
                to the date of the individual's appointment to the 
                Council.
                    (I) An individual with a physical, sensory, 
                intellectual, or developmental disability who has been 
                enrolled in an institution of higher education for a 
                year prior to the date of the individual's appointment 
                to the Council.
                    (J) A parent or guardian of a child in an early 
                childcare and education program.
                    (K) A parent or guardian of a child with a 
                physical, sensory, intellectual, or developmental 
                disability in--
                            (i) an early childcare and education 
                        program; or
                            (ii) a public elementary school or 
                        secondary school.
            (3) Federal members.--
                    (A) Department of education members.--The following 
                officers of the Department of Education shall serve as 
                members of the Council:
                            (i) The Assistant Secretary of the Office 
                        of Planning, Evaluation, and Policy 
                        Development.
                            (ii) The Assistant Secretary of the Office 
                        of Special Education and Rehabilitative 
                        Services.
                            (iii) The Assistant Secretary for Civil 
                        Rights.
                            (iv) The Director for the Office of Early 
                        Learning.
                            (v) The Director of the Office of Special 
                        Education Programs.
                    (B) Health and human services members.--The 
                following officers of the Administration for Children 
                and Families of the Department of Health and Human 
                Services shall serve as members of the Council:
                            (i) The Director of the Office of Child 
                        Care.
                            (ii) The Director of the Office of Head 
                        Start.
                    (C) FEMA member.--The Administrator of the Federal 
                Emergency Management Agency shall serve as a member of 
                the Council.
            (4) Additional requirements.--The chairperson shall ensure 
        that not less than one of the members appointed under paragraph 
        (2) has directly experienced, as a student, gun violence or 
        another emergency event in which a lockdown protocol was 
        enforced in an educational setting that was the primary target 
        of the emergency event.
    (c) Meetings.--
            (1) Initial meeting.--The Council shall hold its first 
        meeting not later than 90 days after the date of enactment of 
        this Act.
            (2) Frequency.--The Council shall meet at the call of the 
        chairperson.
            (3) Quorum.--A majority of the members of the Council shall 
        constitute a quorum, but a lesser number of members may hold 
        hearings.

SEC. 5. DUTIES.

    (a) Hearing.--The Council shall hold a hearing with relevant 
stakeholders, including students and educators, principals and other 
school leaders, child care experts, disability advocates, civil rights 
advocates, law enforcement, security experts, and others, not later 
than 120 days after the date of enactment of this Act.
    (b) Study and Review.--The Council shall--
            (1) study emergency response protocols, including gun 
        violence response and prevention protocols, natural disaster 
        preparedness procedures, fire drills, and other emergency 
        preparation drills or lockdown procedures, for educational 
        settings including early childcare and education settings, 
        elementary schools and secondary schools, and institutions of 
        higher education; and
            (2) conduct a complete and thorough review of the relevant 
        literature and research surrounding emergency response 
        protocols in such educational settings and the impact that 
        emergency response protocols can have on specific populations 
        of children, youth, and employees, including the effects on 
        children living in poverty and children of color.
    (c) Recommendations and Guidelines.--After completing the study and 
review described in subsection (b), the Council shall provide--
            (1) recommendations that ensure that States, early 
        childcare and education settings, local educational agencies, 
        and institutions of higher education are provided with accurate 
        information about the needs of specific populations of 
        children, youth, and employees during emergencies;
            (2) guidelines for States, early childcare and education 
        settings, local educational agencies, and institutions of 
        higher education to use in developing and implementing 
        emergency response protocols, including gun violence response 
        and prevention protocols, natural disaster preparedness 
        procedures, fire drills, and other emergency preparation drills 
        or lockdown procedures, that are inclusive and accessible; and
            (3) guidelines--
                    (A) for the development and implementation of 
                accessible, developmentally appropriate, culturally 
                aware, and trauma-informed emergency response 
                protocols, including gun violence response and 
                prevention protocols, natural disaster preparedness 
                procedures, fire drills, and other emergency 
                preparation drills or lockdown procedures, that include 
                information about--
                            (i) preparedness drills, including 
                        discussions and seminars on emergency 
                        preparedness, workshops, and full-scale 
                        emergency simulations;
                            (ii) emergency communications;
                            (iii) training for educators, early 
                        childcare and education staff, administrators, 
                        and support personnel, including--
                                    (I) training addressing implicit 
                                biases on the basis of race, national 
                                origin, socioeconomic status, religion, 
                                disability, and sex (including sexual 
                                orientation and gender identity); and
                                    (II) other training to ensure the 
                                nondiscriminatory application of 
                                protocols and treatment of students;
                            (iv) the use of technology; and
                            (v) other issues determined appropriate by 
                        the Council;
                    (B) for the use of Federal funds by States, early 
                childcare and education programs, local educational 
                agencies, and institutions of higher education to 
                develop and implement emergency response protocols, 
                including gun violence response and prevention 
                protocols, natural disaster preparedness procedures, 
                fire drills, and other emergency preparation drills or 
                lockdown procedures, that are inclusive and accessible; 
                and
                    (C) for States to create and develop 
                recommendations for oversight for public elementary 
                schools and secondary schools, early childcare and 
                education settings, and institutions of higher 
                education to ensure any emergency response protocols--
                            (i) are inclusive and accessible;
                            (ii) protect student privacy; and
                            (iii) avoid exacerbating risk for children 
                        and youth with disabilities, young children, 
                        employees, and other specific populations.
    (d) Report.--By not later than 18 months after the date of 
enactment of this Act, the Council shall prepare and submit to Congress 
a detailed report that contains--
            (1) findings from stakeholders related to the challenges 
        faced by children and youth with disabilities, young children, 
        and other specific populations with regard to emergency 
        response protocols, including gun violence response and 
        prevention protocols, natural disaster preparedness procedures, 
        fire drills, and other emergency preparation drills or lockdown 
        procedures; and
            (2) the recommendations and guidelines described in 
        subsection (c).

SEC. 6. POWERS OF COUNCIL.

    (a) Hearings.--The Council may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence 
as the Council considers advisable to carry out this Act.
    (b) Information From Federal Agencies.--
            (1) In general.--The Council may secure directly from a 
        Federal department or agency such information as the Council 
        considers necessary to carry out this Act.
            (2) Furnishing information.--On request of the chairperson 
        of the Council, the head of the department or agency shall 
        furnish the information to the Council.
    (c) Postal Services.--The Council may use the United States mails 
in the same manner and under the same conditions as other departments 
and agencies of the Federal Government.

SEC. 7. COUNCIL PERSONNEL MATTERS.

    (a) Compensation of Members.--Only members of the Council 
representing categories described in subparagraphs (G) through (K) of 
section 4(b)(2) shall be compensated for their work for the Council. 
Such members may receive compensation at a rate equal to the daily 
equivalent of the annual rate of basic pay prescribed for level IV of 
the Executive Schedule under section 5315 of title 5, United States 
Code, for each day (including travel time) during which the members are 
engaged in the performance of the duties of the Council.
    (b) Travel Expenses.--A member of the Council shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Council.
    (c) Staff.--
            (1) In general.--The chairperson of the Council may, 
        without regard to the civil service laws (including 
        regulations), appoint and terminate an executive director and 
        such other additional personnel as may be necessary to enable 
        the Council to perform its duties, except that the employment 
        of an executive director shall be subject to confirmation by 
        the Council.
            (2) Compensation.--The chairperson of the Council may fix 
        the compensation of the executive director and other personnel 
        without regard to chapter 51 and subchapter III of chapter 53 
        of title 5, United States Code, relating to classification of 
        positions and General Schedule pay rates, except that the rate 
        of pay for the executive director and other personnel may not 
        exceed the rate payable for level V of the Executive Schedule 
        under section 5316 of that title.
    (d) Detail of Government Employees.--A Federal Government employee 
may be detailed to the Council without reimbursement, and such detail 
shall be without interruption or loss of civil service status or 
privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
chairperson of the Council may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals that do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of that title.

SEC. 8. TERMINATION OF COUNCIL.

    The Council shall terminate 60 days after the date on which the 
Council submits the report required under section 5(d).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Council to carry out this Act a total of $500,000 for fiscal years 2021 
and 2022.
    (b) Availability.--Any sums appropriated under subsection (a) shall 
remain available, without fiscal year limitation, until expended.
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