I 

112TH CONGRESS 

1ST SESSION H. R. 1128 

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. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Elementary and Sec3 ondary School Emergency Preparedness Planning Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) There is an immediate need for comprehen7 sive and coordinated emergency preparedness plan8 ning support for local educational agencies and dis9 tricts nationwide. 

10 (2) Local educational agencies and districts his11 torically have had limited roles in the emergency 

12 preparedness planning process administered by other 

13 agencies and districts, have not received priority 

14 consideration in that process, and have had minimal 

15 access to funds allocated to emergency preparedness. 

16 (3) Grants made under section 3 will enable 

17 local educational agencies and districts to take an 

18 active role in emergency planning and give them ac19 cess to the broad range of skills and expertise of the 

20 many other agencies or districts involved in emer21 gency planning and preparedness. 

22 SEC. 3. ELEMENTARY AND SECONDARY SCHOOL EMER23 GENCY PREPAREDNESS PLANNING GRANT 

24 PROGRAM. 

25 (a) ESTABLISHMENT.—The Secretary of Homeland 

26 Security shall establish a competitive program to make 


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1 grants for emergency preparedness planning and imple2 mentation to local educational agencies and districts lo3 cated in areas under a high threat of terrorist attacks, 

4 natural disasters, or public health emergencies. 

5 (b) ELIGIBILITY.—The Secretary may only award a 

6 grant under this section to a local educational agency or 

7 district that— 

8 (1) is located near a place that is under a high 

9 threat of— 

10 (A) terrorist attacks, as determined by the 

11 Secretary; 

12 (B) natural disasters, as determined by the 

13 Secretary, acting through the Administrator of 

14 the Federal Emergency Management Agency; 

15 or 

16 (C) public health emergencies, as deter17 mined by the Secretary, in consultation with the 

18 Director of the Centers for Disease Control and 

19 Prevention; and 

20 (2) submits an application at such time, in such 

21 form, and with such information and assurances as 

22 the Secretary may require, including— 

23 (A) assurances that such local educational 

24 agency or district will use such grant amounts 

25 to carry out the activities in subsection (e); and 


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1 (B) a budget and timeline for carrying out 

2 such activities. 

3 (c) PRIORITY.— 

4 (1) INITIAL PRIORITY.—In awarding grants 

5 under this section, the Secretary shall give priority 

6 to local educational agencies and districts located in 

7 areas with higher population densities and that are 

8 under a higher threat of terrorist attacks, natural 

9 disasters, or public health emergencies than other 

10 local educational agencies and districts eligible under 

11 subsection (b). 

12 (2) FURTHER PRIORITY.—Among the priority 

13 local educational agencies and districts described in 

14 paragraph (1), the Secretary shall give further pri15 ority to local educational agencies and districts that 

16 have in the past demonstrated the ability to formu17 late and implement effective emergency preparedness 

18 plans. 

19 (d) GRANT AMOUNT.—Amounts awarded under this 

20 section shall not exceed $500,000 per local educational 

21 agency or district per fiscal year. 

22 (e) USE OF FUNDS.— 

23 (1) REQUIRED USE OF FUNDS.— 

24 (A) IN GENERAL.—A local educational 

25 agency or district receiving a grant under this 


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1 section shall use such funds to implement or to 

2 formulate and implement an emergency pre3 paredness plan. 

4 (B) ELEMENTS OF PLAN.—The plan re5 quired by subparagraph (A) shall provide for— 

6 (i) the creation in the office of the su7 perintendent or other chief executive offi8 cer of the local educational agency or dis9 trict of a School Emergency Response Cen10 ter to provide coordination, communica11 tion, and support for school-based emer12 gency preparedness planning and imple13 mentation; 

14 (ii) the creation of a Regional Advi15 sory Council chaired by the superintendent 

16 or other chief executive officer of the local 

17 educational agency or district and com18 posed of other appropriate representatives 

19 from the local educational agency or dis20 trict and from emergency management and 

21 law enforcement agencies, local public 

22 health offices, nongovernmental organiza23 tions, and other appropriate stakeholders; 

24 and 


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1 (iii) the development of a plan specific 

2 to each school under the local educational 

3 agency’s or district’s authority for each 

4 type of emergency likely to occur in the 

5 area. 

6 (2) PERMITTED USE OF FUNDS.—A local edu7 cational agency or district receiving a grant under 

8 this section may use any such funds remaining after 

9 complying with paragraph (1)(A) for any purpose 

10 relating to emergency preparedness planning or im11 plementation. 

12 (f) LOCAL EDUCATIONAL AGENCY DEFINED.—As 

13 used in this section, the term ‘‘local educational agency’’ 

14 has the meaning given the term in section 9101(26) of 

15 the Elementary and Secondary Education Act of 1965 (20 

16 U.S.C. 7801(26)), and, if applicable, such term also in17 cludes a group of local educational agencies located in the 

18 same region that are collaborating to formulate and imple19 ment an emergency preparedness plan described in sub20 section (e)(1) of this section. 

21 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $25,000,000, of which not more than 5 percent shall be 


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1 available for the costs of administering the grant program, 

2 for each of the fiscal years 2012 through 2014. 

Æ 


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