I 

110TH CONGRESS 

2D SESSION H. R. 5766 

To amend the Homeland Security Act of 2002 to establish in the Department 

of Homeland Security the Office of National School Preparedness and 

Response, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2008 

Mr. ETHERIDGE (for himself, Mr. THOMPSON of Mississippi, Mrs. MCCARTHY

of New York, Mrs. CHRISTENSEN, Mr. COHEN, Mrs. JONES of Ohio, Mr. 

HARE, Ms. JACKSON-LEE of Texas, Ms. SCHAKOWSKY, Ms. CLARKE, Mr. 

MILLER of North Carolina, Mrs. CAPPS, and Mr. HONDA) introduced the 

following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Transportation and Infrastructure, 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 amend the Homeland Security Act of 2002 to establish 

in the Department of Homeland Security the Office of 

National School Preparedness and Response, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Schools Empowered 

5 to Respond Act’’. 


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1 SEC. 2. ESTABLISHMENT OF OFFICE OF NATIONAL SCHOOL 

2 PREPAREDNESS AND RESPONSE. 

3 (a) IN GENERAL.—Title VII of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 

5 adding at the end the following new section: 

6 ‘‘SEC. 708. OFFICE OF NATIONAL SCHOOL PREPAREDNESS 

7 AND RESPONSE. 

8 ‘‘(a) ESTABLISHMENT.—There is an Office of Na9 tional School Preparedness and Response within the Office 

10 of the Secretary of Homeland Security. 

11 ‘‘(b) DIRECTOR.—The Office of National School Pre12 paredness and Response shall be headed by a National Di13 rector for School Preparedness and Response (in this sec14 tion referred to as the ‘Director’). 

15 ‘‘(c) RESPONSIBILITIES.—The Director shall have 

16 primary responsibility within the Department for the sup17 port of statewide, regional, and national efforts to enhance 

18 the collective response to acts of terrorism and other nat19 ural and man-made disasters at schools, including the fol20 lowing: 

21 ‘‘(1) Serving as the principal advisor to the Sec22 retary on the needs of schools and children in re23 sponse to emergency situations, including acts of 

24 terrorism and other natural and man-made disas25 ters, and providing the Secretary with guidance on 

26 how to address the role of schools and those who 


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1 care for children in the National Strategy for Home2 land Security. 

3 ‘‘(2) Ensuring that policies, programs, and ac4 tivities in the Department developed for the collec5 tive response to terrorism and other emergencies ap6 propriately consider the needs of and impact upon 

7 schools and children, by facilitating the coordination 

8 of relevant agencies of the Department and review9 ing departmental policies. 

10 ‘‘(3) Coordinating with appropriate Federal 

11 agencies to enhance the collective response to ter12 rorism and other emergencies at State, regional, 

13 local, and tribal levels at schools, including the fol14 lowing: 

15 ‘‘(A) Developing initiatives and best prac16 tices. 

17 ‘‘(B) Supporting efforts of local education 

18 agencies and other education institutions. 

19 ‘‘(C) Creating and promoting training ma20 terials for elementary, secondary, and post-sec21 ondary teachers and school personnel, school re22 source officers, and school emergency planning 

23 professionals, including current training efforts 

24 in the Department. 


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1 ‘‘(D) Coordinating continued collaborations 

2 of the Department, including the Safe Schools 

3 Initiative. 

4 ‘‘(4) Creating an Internet clearinghouse, in 

5 partnership with other appropriate Federal agencies, 

6 that identifies resources available to schools and, as 

7 appropriate, includes detailed implementation in8 structions or examples. The clearinghouse shall— 

9 ‘‘(A) incorporate guidance and best prac10 tices for the collective response to acts of ter11 rorism and natural and man-made disasters, 

12 addressing at a minimum— 

13 ‘‘(i) advance planning; 

14 ‘‘(ii) training with local law enforce15 ment and first responders; 

16 ‘‘(iii) sheltering and evacuating special 

17 needs students; and 

18 ‘‘(iv) incorporating procedures for 

19 continuation of education in the event of 

20 extended school closures; and 

21 ‘‘(B) include a resource to educate and em22 power educators, school personnel, students, 

23 and parents to know their roles in the collective 

24 response to acts of terrorism and natural and 


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1 man-made disasters, such as that created by 

2 the Ready Campaign of the Department. 

3 ‘‘(5) Monitoring the use of Federal grants with4 in the Department and at other Federal agencies 

5 that support the collective response to acts of ter6 rorism and natural and man-made disasters at 

7 schools, and based on such monitoring— 

8 ‘‘(A) making recommendations to improve 

9 the effectiveness of such funding; and 

10 ‘‘(B) ensuring that grant guidance is clear 

11 regarding whether schools are eligible for sup12 port or disbursement of funds. 

13 ‘‘(6) Working with States to support State ef14 forts to make school district emergency management 

15 plans consistent with federally recommended prac16 tices. 

17 ‘‘(7) Working with volunteer organizations, in18 cluding the Citizen Corps, to encourage the involve19 ment of schools and the consideration of school 

20 needs in planning and execution. 

21 ‘‘(8) Working with other Department officials 

22 to ensure that schools are appropriately categorized 

23 within the Critical Infrastructure/Key Resources re24 gime. 


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1 ‘‘(9) Working to ensure that schools are appro2 priately considered and prioritized in the develop3 ment of and recommendations connected with the 

4 National Infrastructure Preparedness Plan and the 

5 National Response Framework. 

6 ‘‘(10) Ensuring that education officials have 

7 input with the Government Coordinating Council. 

8 ‘‘(11) Reviewing public awareness programs 

9 and screening policies by departmental entities, in10 cluding transportation and border security screening, 

11 and ensure that such policies consider the needs and 

12 well-being of children. 

13 ‘‘(12) Any additional responsibilities as deter14 mined by the Secretary. 

15 ‘‘(d) REPORT TO CONGRESS.—Not later than one 

16 year after the date of the enactment of the Schools Em17 powered to Respond Act, and every two years thereafter, 

18 the Director shall submit to Congress a report on the ac19 tivities of the Office of National School Preparedness and 

20 Response and the success of efforts to support the collec21 tive response to terrorism and other emergencies at 

22 schools.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 in section 1(b) of such Act is amended by inserting after 

25 the item relating to section 707 the following new item: 

‘‘Sec. 708. Office of National School Preparedness and Response.’’. 


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1 SEC. 3. HOMELAND SECURITY GRANTS. 

2 (a) ELIGIBILITY OF SCHOOLS FOR FUNDING.— 

3 (1) UASI AND SHSGP.—Section 2008(a)(8) of 

4 the Homeland Security Act of 2002 (6 U.S.C. 

5 609(a)(8)) (as amended by the Implementing Rec6 ommendations of the 9/11 Commission Act of 2007) 

7 is amended to read as follows: 

8 ‘‘(8) enhancing school preparedness, includ9 ing— 

10 ‘‘(A) the development of school security 

11 plans, including emergency preparedness eval12 uations and technical assistance; 

13 ‘‘(B) training and exercises to assist public 

14 elementary and secondary schools in developing 

15 and implementing programs to instruct stu16 dents regarding age-appropriate skills to pre17 vent, prepare for, respond to, mitigate against, 

18 or recover from an act of terrorism; 

19 ‘‘(C) staff development days to develop 

20 emergency plans and train and drill plans with 

21 appropriate staff; and 

22 ‘‘(D) communications equipment vital for 

23 implementation of a school security plan or 

24 school transportation security plan.’’. 

25 (2) LAW ENFORCEMENT TERRORISM PREVEN26 TION PROGRAM.—Section 2006(a)(2) of the HomeVerDate Aug 31 2005 05:10 Apr 12, 2008 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5766.IH H5766

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1 land Security Act of 2002 (6 U.S.C. 607(a)(2)) (as 

2 amended by the Implementing Recommendations of 

3 the 9/11 Commission Act of 2007) is amended by 

4 redesignating subparagraphs (H) and (I) as sub5 paragraphs (I) and (J), respectively, and by insert6 ing after subparagraph (G) the following new sub7 paragraph: 

8 ‘‘(H) training activities consistent with a 

9 State homeland security plan, including train10 ing that involves officials of State or local gov11 ernments or schools;’’. 

12 (b) PRIORITIZATION OF GRANT PROPOSALS THAT

13 DESCRIBE EFFECT ON SCHOOLS.—Section 2007(a)of the 

14 Homeland Security Act of 2002 (6 U.S.C. 608(a)(2)) (as 

15 amended by the Implementing Recommendations of the 9/ 

16 11 Commission Act of 2007) is amended by striking 

17 ‘‘and’’ after the semicolon at the end of paragraph (1), 

18 by striking the period at the end of paragraph (2) and 

19 inserting ‘‘; and’’, and by adding at the end the following 

20 new paragraph: 

21 ‘‘(3) the extent to which grant proposals de22 scribe how the proposed use of a grant by a State 

23 or high-risk urban area considers the effect of that 

24 use for the collective response to acts of terrorism 

25 and other natural and man-made disasters and on 


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1 the preparedness or utilization of auxiliary facilities 

2 and actors, including local education agencies and 

3 State education resources.’’. 

4 SEC. 4. ENSURING SCHOOLS HAVE A VOICE IN NATIONAL, 

5 STATE, AND LOCAL HOMELAND SECURITY 

6 PLANNING. 

7 (a) GENERAL RESPONSIBILITY.— 

8 (1) Section 102(c) of the Homeland Security 

9 Act of 2002 is amended— 

10 (A) by inserting ‘‘and through the Office 

11 of School Preparedness and Response (estab12 lished under section 708)’’ after ‘‘equipment)’’; 

13 and 

14 (B) by inserting ‘‘with the education sec15 tor,’’ after ‘‘authorities,’’. 

16 (2) Section 102(c)(1) of such Act is amended 

17 by inserting ‘‘with the education sector,’’ after ‘‘au18 thorities,’’. 

19 (b) AMENDMENTS TO HOMELAND SECURITY PLAN20 NING PROVISIONS.— 

21 (1) REPRESENTATION OF STATE DEPARTMENTS

22 OF EDUCATION IN STATE HOMELAND SECURITY DE23 CISION MAKING.— 

24 (A) CONDITION OF RECEIPT OF ASSIST25 ANCE.—Section 2002 of the Homeland Security 


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1 Act of 2002 (6 U.S.C. 603) is amended by add2 ing at the end the following: 

3 ‘‘(d) REPRESENTATION OF STATE DEPARTMENTS OF

4 EDUCATION IN STATE HOMELAND SECURITY DECISION

5 MAKING.—The Secretary shall require, as a condition of 

6 receipt of grants to any State under section 2003 and 

7 2004, that the State include, in each homeland security 

8 decision-making body of the State that has authority to 

9 determine how such grants will be used, a representative, 

10 selected by the State education authority, who has an un11 derstanding of the emergency planning needs of local 

12 schools.’’. 

13 (B) LIMITATION ON APPLICATION.—The 

14 amendment made by subparagraph (A) shall 

15 apply with respect to grants made with 

16 amounts appropriated for fiscal years beginning 

17 after the date of the enactment of this Act. 

18 (2) SCHOOL RESOURCE OFFICERS ARE EMER19 GENCY RESPONSE PROVIDERS.—Section 2(6) of the 

20 Homeland Security Act of 2002 (6 U.S.C. 101(6)) 

21 is amended by inserting ‘‘school resource officer,’’ 

22 after ‘‘law enforcement,’’. 

23 (3) SCHOOL OFFICIALS ON STATE GRANT PLAN24 NING COMMITTEES.—Section 2021(b)(2)(A) of the 

25 Homeland Security Act of 2002 (6 U.S.C. 


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1 611(b)(2)(A)) is amended by striking ‘‘and’’ after 

2 the semicolon at the end of clause (i), by striking the 

3 period at the end of clause (ii) and inserting ‘‘; 

4 and’’, and by adding at the end the following new 

5 clause: 

6 ‘‘(iii) school emergency planning offi7 cials, which may include representatives of 

8 the State education authority, local edu9 cation agencies, and universities, and ex10 perts in school security and school emer11 gency preparedness.’’. 

12 (4) NATIONAL TRAINING EXERCISES EFFECT

13 ON CHILDREN AND SCHOOLS.—Section 648(b)(2)(A) 

14 of the Department of Homeland Security Appropria15 tions Act, 2007 (6 U.S.C. 748) is amended by strik16 ing ‘‘and’’ after the semicolon at the end of clause 

17 (iv), by redesignating clause (v) as clause (vi), and 

18 by inserting after clause (iv) the following new 

19 clause: 

20 ‘‘(v) designed to address the unique 

21 needs of children in the event of a terrorist 

22 attack or other emergency and the impact 

23 of the same on schools and education fa24 cilities; and’’. 


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1 (5) DHS REPORTING ON GRANT EFFECTIVE2 NESS.—Section 652(a)(2)(E) of the Department of 

3 Homeland Security Appropriations Act, 2007 (6 

4 U.S.C. 752(a)(2)(E)) (as amended by Public Law 

5 110–53) is amended by striking ‘‘and’’ after the 

6 semicolon at the end of clause (i), by striking the pe7 riod at the end of clause (ii) and inserting ‘‘; and’’, 

8 and by adding at the end the following new clause: 

9 ‘‘(iii) have led to the resiliency of pub10 lic institutions, including schools, during 

11 and after an act of terrorism or other nat12 ural or man-made disaster.’’. 

13 (6) CONSIDERATION OF EDUCATION OFFICIALS

14 FOR THE NATIONAL ADVISORY COUNCIL.—Section 

15 508(c)(1) of the Homeland Security Act of 2002 (6 

16 U.S.C. 318(c)(1)) is amended— 

17 (A) in subparagraph (A) by inserting ‘‘, 

18 school resource officers and experts in school 

19 emergency preparedness,’’ after ‘‘emergency 

20 medical services,’’; and 

21 (B) in subparagraph (C) by inserting ‘‘, 

22 the education sector’’ after ‘‘governments,’’. 


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1 SEC. 5. SENSE OF CONGRESS ON EDUCATION SECTOR FOR 

2 HOMELAND SECURITY. 

3 (a) FINDINGS.—Congress makes the following find4 ings: 

5 (1) Children spend a significant portion of the 

6 day in schools and rely on education institutions for 

7 the safety and security throughout the day. 

8 (2) School facilities are major public assets in 

9 many communities and will be relied upon for shel10 ter in-place and other uses during a terrorist or 

11 other emergency for children and adults. 

12 (b) SENSE OF CONGRESS REGARDING ADOPTION OF

13 VOLUNTARY NATIONAL STANDARDS.—It is the sense of 

14 Congress that the Secretary of Homeland Security should 

15 promote, where appropriate, the adoption of voluntary na16 tional standards in schools to prepare for and enable a 

17 collective response to acts of terrorism and other natural 

18 and man-made disasters. 

19 (c) SENSE OF CONGRESS REGARDING PLANNING.— 

20 It is the sense of Congress that to ensure the ability of 

21 schools to participate in the collective response to ter22 rorism and other emergencies, plans for responding to acts 

23 of terrorism and other natural and man-made disasters 

24 should include, as appropriate, the following: 

25 (1) A risk assessment addressing relative risks 

26 for local education authorities, schools, and other 


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1 education institutions, similar to risk analysis and 

2 management for critical asset protection. 

3 (2) Detailed school emergency plans, including, 

4 as appropriate, the following: 

5 (A) District-wide school safety plans, in6 cluding policies and procedures for the fol7 lowing: 

8 (i) Responding to threats, including 

9 terrorist threats. 

10 (ii) Responding to acts of violence 

11 that could arise from terrorism. 

12 (iii) Appropriate prevention and inter13 vention strategies, such as the following: 

14 (I) Training for security per15 sonnel, including regarding how to de16 escalate potentially violent situations. 

17 (II) Conflict resolution. 

18 (III) Peer mediation. 

19 (IV) Youth courts. 

20 (V) Extended day programs. 

21 (VI) Contacting law enforcement 

22 and first responders. 

23 (VII) Contacting parents or 

24 guardians. 

25 (VIII) School building security. 


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1 (IX) Dissemination of inform2 ative materials regarding early detec3 tion of potentially violent behaviors. 

4 (X) Annual school safety training 

5 for staff and students. 

6 (XI) Protocol for responding to 

7 bomb threats, hostage taking, intrud8 ers and kidnappers. 

9 (XII) Developing strategies to 

10 improve communication among stu11 dents and between students and staff. 

12 (XIII) Description of duties of 

13 hall monitors and other school safety 

14 personnel. 

15 (B) Building-level emergency response 

16 plans that include the following: 

17 (i) Policies and procedures for safe 

18 evacuation, including evacuation routes, 

19 shelter sites, procedures for addressing 

20 medical needs, transportation, and emer21 gency notification to parents. 

22 (ii) Designation of an emergency re23 sponse team. 

24 (iii) Access to floor plans, blueprints, 

25 and schematics of school interiors and 


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1 grounds, and road maps of surrounding 

2 areas. 

3 (iv) An internal and external commu4 nication system. 

5 (v) Implementation of an incident 

6 command system. 

7 (vi) Coordination with any State-wide 

8 disaster mental health plan. 

9 (vii) Procedures to review and conduct 

10 of drills and exercises to test components 

11 of plans. 

12 (viii) Policies and procedures for se13 curing and restricting access to crime 

14 scene. 

Æ 


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