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 Secu-
rity, and in addition to the Committee on Transportation and Infrastruc-
ture, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Schools Empowered 
to Respond Act’’. 
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SEC. 2. ESTABLISHMENT OF OFFICE OF NATIONAL SCHOOL 
PREPAREDNESS AND RESPONSE. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 708. OFFICE OF NATIONAL SCHOOL PREPAREDNESS 
AND RESPONSE. 
‘‘(a) ESTABLISHMENT.—There is an Office of Na-
tional School Preparedness and Response within the Office 
of the Secretary of Homeland Security. 
‘‘(b) DIRECTOR.—The Office of National School Pre-
paredness and Response shall be headed by a National Di-
rector for School Preparedness and Response (in this sec-
tion referred to as the ‘Director’). 
‘‘(c) RESPONSIBILITIES.—The Director shall have 
primary responsibility within the Department for the sup-
port of statewide, regional, and national efforts to enhance 
the collective response to acts of terrorism and other nat-
ural and man-made disasters at schools, including the fol-
lowing: 
‘‘(1) Serving as the principal advisor to the Sec-
retary on the needs of schools and children in re-
sponse to emergency situations, including acts of 
terrorism and other natural and man-made disas-
ters, and providing the Secretary with guidance on 
how to address the role of schools and those who 
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care for children in the National Strategy for Home-
land Security. 
‘‘(2) Ensuring that policies, programs, and ac-
tivities in the Department developed for the collec-
tive response to terrorism and other emergencies ap-
propriately consider the needs of and impact upon 
schools and children, by facilitating the coordination 
of relevant agencies of the Department and review-
ing departmental policies. 
‘‘(3) Coordinating with appropriate Federal 
agencies to enhance the collective response to ter-
rorism and other emergencies at State, regional, 
local, and tribal levels at schools, including the fol-
lowing: 
‘‘(A) Developing initiatives and best prac-
tices. 
‘‘(B) Supporting efforts of local education 
agencies and other education institutions. 
‘‘(C) Creating and promoting training ma-
terials for elementary, secondary, and post-sec-
ondary teachers and school personnel, school re-
source officers, and school emergency planning 
professionals, including current training efforts 
in the Department. 
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‘‘(D) Coordinating continued collaborations 
of the Department, including the Safe Schools 
Initiative. 
‘‘(4) Creating an Internet clearinghouse, in 
partnership with other appropriate Federal agencies, 
that identifies resources available to schools and, as 
appropriate, includes detailed implementation in-
structions or examples. The clearinghouse shall— 
‘‘(A) incorporate guidance and best prac-
tices for the collective response to acts of ter-
rorism and natural and man-made disasters, 
addressing at a minimum— 
‘‘(i) advance planning; 
‘‘(ii) training with local law enforce-
ment and first responders; 
‘‘(iii) sheltering and evacuating special 
needs students; and 
‘‘(iv) incorporating procedures for 
continuation of education in the event of 
extended school closures; and 
‘‘(B) include a resource to educate and em-
power educators, school personnel, students, 
and parents to know their roles in the collective 
response to acts of terrorism and natural and 
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man-made disasters, such as that created by 
the Ready Campaign of the Department. 
‘‘(5) Monitoring the use of Federal grants with-
in the Department and at other Federal agencies 
that support the collective response to acts of ter-
rorism and natural and man-made disasters at 
schools, and based on such monitoring— 
‘‘(A) making recommendations to improve 
the effectiveness of such funding; and 
‘‘(B) ensuring that grant guidance is clear 
regarding whether schools are eligible for sup-
port or disbursement of funds. 
‘‘(6) Working with States to support State ef-
forts to make school district emergency management 
plans consistent with federally recommended prac-
tices. 
‘‘(7) Working with volunteer organizations, in-
cluding the Citizen Corps, to encourage the involve-
ment of schools and the consideration of school 
needs in planning and execution. 
‘‘(8) Working with other Department officials 
to ensure that schools are appropriately categorized 
within the Critical Infrastructure/Key Resources re-
gime. 
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‘‘(9) Working to ensure that schools are appro-
priately considered and prioritized in the develop-
ment of and recommendations connected with the 
National Infrastructure Preparedness Plan and the 
National Response Framework. 
‘‘(10) Ensuring that education officials have 
input with the Government Coordinating Council. 
‘‘(11) Reviewing public awareness programs 
and screening policies by departmental entities, in-
cluding transportation and border security screening, 
and ensure that such policies consider the needs and 
well-being of children. 
‘‘(12) Any additional responsibilities as deter-
mined by the Secretary. 
‘‘(d) REPORT TO CONGRESS.—Not later than one 
year after the date of the enactment of the Schools Em-
powered to Respond Act, and every two years thereafter, 
the Director shall submit to Congress a report on the ac-
tivities of the Office of National School Preparedness and 
Response and the success of efforts to support the collec-
tive response to terrorism and other emergencies at 
schools.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 707 the following new item: 
‘‘Sec. 708. Office of National School Preparedness and Response.’’. 
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SEC. 3. HOMELAND SECURITY GRANTS. 
(a) ELIGIBILITY OF SCHOOLS FOR FUNDING.— 
(1) UASI AND SHSGP.—Section 2008(a)(8) of 
the Homeland Security Act of 2002 (6 U.S.C. 
609(a)(8)) (as amended by the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007) 
is amended to read as follows: 
‘‘(8) enhancing school preparedness, includ-
ing— 
‘‘(A) the development of school security 
plans, including emergency preparedness eval-
uations and technical assistance; 
‘‘(B) training and exercises to assist public 
elementary and secondary schools in developing 
and implementing programs to instruct stu-
dents regarding age-appropriate skills to pre-
vent, prepare for, respond to, mitigate against, 
or recover from an act of terrorism; 
‘‘(C) staff development days to develop 
emergency plans and train and drill plans with 
appropriate staff; and 
‘‘(D) communications equipment vital for 
implementation of a school security plan or 
school transportation security plan.’’. 
(2) LAW ENFORCEMENT TERRORISM PREVEN-
TION PROGRAM.—Section 2006(a)(2) of the Home-
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land Security Act of 2002 (6 U.S.C. 607(a)(2)) (as 
amended by the Implementing Recommendations of 
the 9/11 Commission Act of 2007) is amended by 
redesignating subparagraphs (H) and (I) as sub-
paragraphs (I) and (J), respectively, and by insert-
ing after subparagraph (G) the following new sub-
paragraph: 
‘‘(H) training activities consistent with a 
State homeland security plan, including train-
ing that involves officials of State or local gov-
ernments or schools;’’. 
(b) PRIORITIZATION OF GRANT PROPOSALS THAT 
DESCRIBE EFFECT ON SCHOOLS.—Section 2007(a)of the 
Homeland Security Act of 2002 (6 U.S.C. 608(a)(2)) (as 
amended by the Implementing Recommendations of the 9/ 
11 Commission Act of 2007) is amended by striking 
‘‘and’’ after the semicolon at the end of paragraph (1), 
by striking the period at the end of paragraph (2) and 
inserting ‘‘; and’’, and by adding at the end the following 
new paragraph: 
‘‘(3) the extent to which grant proposals de-
scribe how the proposed use of a grant by a State 
or high-risk urban area considers the effect of that 
use for the collective response to acts of terrorism 
and other natural and man-made disasters and on 
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the preparedness or utilization of auxiliary facilities 
and actors, including local education agencies and 
State education resources.’’. 
SEC. 4. ENSURING SCHOOLS HAVE A VOICE IN NATIONAL, 
STATE, AND LOCAL HOMELAND SECURITY 
PLANNING. 
(a) GENERAL RESPONSIBILITY.— 
(1) Section 102(c) of the Homeland Security 
Act of 2002 is amended— 
(A) by inserting ‘‘and through the Office 
of School Preparedness and Response (estab-
lished under section 708)’’ after ‘‘equipment)’’; 
and 
(B) by inserting ‘‘with the education sec-
tor,’’ after ‘‘authorities,’’. 
(2) Section 102(c)(1) of such Act is amended 
by inserting ‘‘with the education sector,’’ after ‘‘au-
thorities,’’. 
(b) AMENDMENTS TO HOMELAND SECURITY PLAN-
NING PROVISIONS.— 
(1) REPRESENTATION OF STATE DEPARTMENTS 
OF EDUCATION IN STATE HOMELAND SECURITY DE-
CISION MAKING.— 
(A) CONDITION
OF
RECEIPT
OF
ASSIST-
ANCE.—Section 2002 of the Homeland Security 
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Act of 2002 (6 U.S.C. 603) is amended by add-
ing at the end the following: 
‘‘(d) REPRESENTATION OF STATE DEPARTMENTS OF 
EDUCATION IN STATE HOMELAND SECURITY DECISION 
MAKING.—The Secretary shall require, as a condition of 
receipt of grants to any State under section 2003 and 
2004, that the State include, in each homeland security 
decision-making body of the State that has authority to 
determine how such grants will be used, a representative, 
selected by the State education authority, who has an un-
derstanding of the emergency planning needs of local 
schools.’’. 
(B) LIMITATION
ON
APPLICATION.—The 
amendment made by subparagraph (A) shall 
apply with respect to grants made with 
amounts appropriated for fiscal years beginning 
after the date of the enactment of this Act. 
(2) SCHOOL RESOURCE OFFICERS ARE EMER-
GENCY RESPONSE PROVIDERS.—Section 2(6) of the 
Homeland Security Act of 2002 (6 U.S.C. 101(6)) 
is amended by inserting ‘‘school resource officer,’’ 
after ‘‘law enforcement,’’. 
(3) SCHOOL OFFICIALS ON STATE GRANT PLAN-
NING COMMITTEES.—Section 2021(b)(2)(A) of the 
Homeland 
Security 
Act 
of 
2002 
(6 
U.S.C. 
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611(b)(2)(A)) is amended by striking ‘‘and’’ after 
the semicolon at the end of clause (i), by striking the 
period at the end of clause (ii) and inserting ‘‘; 
and’’, and by adding at the end the following new 
clause: 
‘‘(iii) school emergency planning offi-
cials, which may include representatives of 
the State education authority, local edu-
cation agencies, and universities, and ex-
perts in school security and school emer-
gency preparedness.’’. 
(4) NATIONAL
TRAINING
EXERCISES
EFFECT 
ON CHILDREN AND SCHOOLS.—Section 648(b)(2)(A) 
of the Department of Homeland Security Appropria-
tions Act, 2007 (6 U.S.C. 748) is amended by strik-
ing ‘‘and’’ after the semicolon at the end of clause 
(iv), by redesignating clause (v) as clause (vi), and 
by inserting after clause (iv) the following new 
clause: 
‘‘(v) designed to address the unique 
needs of children in the event of a terrorist 
attack or other emergency and the impact 
of the same on schools and education fa-
cilities; and’’. 
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