[Senate Report 107-295]
[From the U.S. Government Publishing Office]
Calendar No. 625
107th Congress Report
SENATE
2d Session 107-295
======================================================================
FIRST RESPONDER TERRORISM PREPAREDNESS
ACT OF 2002
_______
October 1, 2002.--Ordered to be printed
_______
Mr. Jeffords, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany S. 2664]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 2664) to amend the Robert T. Stafford
Disaster Relief and Emergency Assistance Act to establish a
program to provide assistance to enhance the ability of first
responders to respond to incidents of terrorism, including
involving weapons of mass destruction, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
Background
The Federal Emergency Management Agency (FEMA) is the
Federal agency responsible for leading the nation in mitigating
against, preparing for, responding to, and recovering from
major disasters. Using an established Federal Response Plan,
FEMA coordinates the efforts of 26 Federal agencies and works
closely with affected State and local governments in responding
to disasters.
The tragic events of September 11, 2001, have demonstrated
a need to prepare not only for natural disasters, but for
incidents of terrorism as well. Recognizing this need, the
Administration proposed a $3.5 billion initiative to prepare
the nation's first responders-police, firefighters, and
emergency medical personnel-to respond to incidents of
terrorism, including incidents involving weapons of mass
destruction.
FEMA's primary focus is to prepare the nation for all types
of hazards--both natural and manmade--and the Agency has
developed a strong and established relationship with the State
and local first responders in preparedness, response, and
recovery to major disasters. Because of this, the President
tasked the Agency with administering the initiative.
S. 2664, the ``First Responder Terrorism Preparedness Act
of 2002'', establishes the framework for the Federal government
to partner with State and local governments to achieve this
goal. The bill authorizes FEMA's Office of National
Preparedness to lead a coordinated and integrated effort to
build terrorism preparedness and response capability for
weapons of mass destruction at all levels of government. It
creates a new $3.4 billion first responder grant program
administered by the Office. The program will enhance the
capabilities of first responders by focusing needed resources
in the following areas-equipment, planning, training, and
exercises. The bill also contains a section authorizing
additional assistance for FEMA's 28 Urban Search and Rescue
task forces.
Section-By-Section Analysis
Section 1. Short Title
First Responder Terrorism Preparedness Act of 2002.
Sec. 2. Findings and Purposes
SUMMARY
Section 2 sets out the Congressional findings and purposes
of the legislation.
DISCUSSION
The purpose of this legislation is to establish the
framework for the Federal government to partner with State and
local governments to enhance preparedness and response efforts
for incidents of terrorism, including incidents involving
weapons of mass destruction. To achieve this goal, the bill
authorizes the Office of National Preparedness at FEMA, created
by the President in May of 2001, and establishes its mission
and authorities. The Office will lead a coordinated and
integrated effort to build terrorism preparedness and response
capability for weapons of mass destruction at all levels of
government.
The bill also creates a new $3.4 billion first responder
grant program administered by the Office. The program will
enhance the capabilities of first responders by focusing needed
resources in the following areas: equipment, planning,
training, and exercises.
The bill also contains a section authorizing additional
assistance for FEMA's 28 Urban Search and Rescue task forces.
Sec. 3. Definitions
Section 3 amends the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196) to define key terms.
Major Disaster.--includes the phrase ``incident of
terrorism'' in the definition of ``major disaster.'' This
change will ensure that FEMA can dedicate all of it resources
to respond to any act of terrorism by providing the President
with the authority to declare biological or chemical attacks to
be major disasters.
Weapons of Mass Destruction.--defined as ``any weapon or
device that is intended, or has the capability, to cause death
or serious bodily injury to a significant number of people
through the release, dissemination, or impact of (A) toxic or
poisonous chemicals or their precursors; (B) a disease
organism; or (C) radiation or radioactivity.''
Sec. 4. Establishment of the Office of National Preparedness
SUMMARY
Section 4 amends the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196) by adding a Section
616 that creates an Office of National Preparedness at the
Federal Emergency Management Agency (FEMA). The President, with
the advice and consent of the Senate, will appoint an Associate
Director of the Office.
DISCUSSION
The President created the FEMA Office of National
Preparedness on May 8, 2001, to coordinate all Federal programs
dealing with weapons of mass destruction consequence management
within the Departments of Defense, Health and Human Services,
Justice, and Energy, the Environmental Protection Agency, and
other Federal agencies. This Act authorizes the Office and
provides it with specific authorities and functions.
The purpose of the Office is to lead a coordinated and
integrated effort to build terrorism preparedness and response
capability at all levels of government. Led by a Senate-
confirmed Associate Director, the Office will establish
standards for terrorism preparedness and response at all levels
of government; integrate the capabilities of all levels of
government to plan for and respond to acts of terrorism;
coordinate the provision of Federal terrorism preparedness
assistance to State, Tribal and local governments; establish
standards for interoperable communications and warning systems;
establish standards for first responder training and equipment
for use in responding to weapons of mass destruction; and
implement a first responder grant program. The Associate
Director of the Office will designate a FEMA employee in each
region to serve as the liaison for the States in that region.
The Associate Director will make use of existing resources,
such as planning documents and interagency boards and
committees, to carry out the duties of the Office.
The committee supports the goal of developing a truly
integrated national mutual aid system. Therefore the committee
encourages the Office's critical efforts to standardize and
strengthen mutual aid agreements between States, regions, and
the Federal government.
Sec. 5. Preparedness Assistance for First Responders
SUMMARY
Section 5 amends the title VI of the Robert T. Stafford
Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) by
adding Section a 630 that establishes a grant program at the
Federal Emergency Management Agency for State and local first
responders.
DISCUSSION
The purpose of the first responder grant program is to
provide resources to enhance the capabilities of first
responders to respond to incidents of terrorism, including
incidents involving weapons of mass destruction.
Definitions
There is broad consensus that any definition of first
responders must include fire, emergency medical service, and
law enforcement personnel. As FEMA implements the program, the
Agency may need some flexibility to expand the definition of
first responders to meet the needs of all constituents. To this
end, the Act provides the Director with the authority to expand
the definition of first responders based on the information
provided by the Office and public comment received pursuant to
the proposed rule issued by the Agency. FEMA will inform the
committee prior to any expansion of this definition.
The Director is responsible for defining the term ``local
entity.'' The legislation gives this discretion to the Director
to ensure that all traditional first responders as defined in
the Act, including career and volunteer first responder
entities, are eligible for assistance. The committee's intent
is to provide the Director with the authority necessary to
provide funds to both local governments and to non-government
entities such as non-profit fire and emergency medical services
departments. The committee does not intend to confer FEMA with
the authority to provide first responder grants to for-profit
organizations.
Program to Provide Assistance
The legislation provides for State and local cost share not
to exceed 25 percent of costs eligible for assistance under the
program. State and local governments may count in-kind
contributions as part of their cost share. FEMA may use
continuation grants with the States and territories, which the
Agency may renew annually, subject to the availability of
appropriations.
Uses of Assistance
Grantees may use assistance for planning, equipment,
training, and exercises and for training facilities and
emergency operations centers. In the case of the training
category, the bill directs the Office to promulgate regulations
to ensure only legitimate first responder training
organizations are eligible for grant funds.
In the case of the communications equipment category, it is
important for the Office to develop a comprehensive strategy
for achieving interoperability prior to providing funding. The
committee intends that the Office proceed as expeditiously as
possible in the development of this strategy and that the
Office consider the most cost effective methods available to
achieve this goal, such as technology that will integrate
existing communications equipment.
The committee recognizes the importance of maintaining the
operational integrity of emergency systems that may be subject
to failure as a result of fire or water damage to essential
wiring or cabling, and of utilizing necessary measures to
ensure continued operation of these vital systems.
It is cost-effective for these grants to leverage, when
practicable, prior government investment in related
technologies. Accordingly, grantees may use these grants to
purchase both non-developmental and commercial technologies.
The purpose of this legislation is to enhance the current
capabilities of State and local first responders to respond to
incidents of terrorism, including incidents involving weapons
of mass destruction. The committee believes the best way to
achieve this goal is by dedicating resources to the nation's
first responders for additional planning, equipment, training,
and exercises, rather than diverting funds to pay personnel
costs or to reimburse for expenses incurred prior to the
passage of this Act. For this reason, grantees may not use
assistance for pre-award costs or for compensation for first
responders.
Allocation of Funds
The District of Columbia, Puerto Rico, the U.S. Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands, will each receive $3 million. Each of
the 50 States will receive a base amount of $15 million, plus a
percentage of the remaining funds based on a formula developed
by the Office. The committee intends that this formula take
into account risk factors such as population, presence of vital
infrastructure, and proximity to international borders. States
are also directed to take these risk factors into consideration
when distributing funds to tribal governments, local
governments, and local entities.
Provision of Funds to Local Governments and Local Entities
There is a need to provide funds to both State and local
first responders in a coordinated, strategic, and prompt
manner. To ensure a coordinated effort at the State level, the
Act designates that all funds will be awarded to the Governors
of the States, who may retain up to 25 percent of the funds
they receive for State-level first responder needs. Eligible
activities best addressed at the State level may include
exercises, planning, emergency operations centers, and training
facilities. To ensure that the majority of these funds go to
the local first responders as soon as possible, States must
coordinate with local governments and local entities, and
directly provide them with at least 75 percent of the funds
received by the State within 45 days.
Administrative Expenses
A State may use up to 10 percent of the funds it retains
for administrative expenses associated with this program. FEMA
may use no more than 5 percent of the funds available for this
program, or $75 million in fiscal year 2003 or $50 million in
fiscal years 2004-2006 (whichever is less), for administrative
expenses.
Maintenance of Expenditures
Because these funds are to supplement and not supplant
State and local resources, grant recipients must agree to
maintain average annual expenditures in the areas for which
assistance is provided.
Reports
The Director must submit an annual report on the use of the
assistance. States must also agree to conduct, or participate
in, an exercise approve by FEMA to measure the progress of the
State in enhancing first responder capabilities no later than 3
years after the enactment of this Act.
Coordination
The grant program created by this legislation is separate
and distinct from both the Assistance to Firefighters Grant
Program implemented by FEMA's U.S. Fire Administration, and the
Community Oriented Policing Services Program implemented by the
U.S. Department of Justice. Those programs provide for the
basic needs of first responders, while this new program will
enhance the capabilities of first responders to respond to
incidents of terrorism, including incidents involving weapons
of mass destruction. All three programs are important
components of a coordinated effort to provide supplemental
assistance to States and local communities.
Cost Sharing for Emergency Operating Centers
Because of the immediate need to improve State and local
emergency operations centers, the Act waives the Stafford Act's
50/50 cash match requirement for construction and renovation of
these facilities. Instead, the Federal share for emergency
operations centers constructed or renovated with funds provided
under this Act will be not less than 75 percent of eligible
costs. This cost share is consistent with the other categories
of assistance provided by S. 2664.
Sec. 6. Protection of Health and Safety of First Responders
SUMMARY
Section 6 amends subtitle B of title VI of the Stafford Act
to add a section to protect the health and safety of first
responders.
DISCUSSION
In 1978 President Carter established by executive order the
Federal Emergency Management Agency (FEMA). The newly
established agency assumed the duties that the Federal Disaster
Administration had performed since 1973. Even after FEMA's
creation, aspects of the Federal role in disaster response and
recovery remained unclear. After years of debate during the
mid-1980s and several legislative attempts, Congress reached a
compromise and passed the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (P.L. 104-707) in 1988. The
Stafford Act, last amended in the 106th Congress (P.L. 106-
390), has helped reshape the Federal government's role in
responding to national disasters.
However, the Stafford Act does not specifically address the
Federal government's role in monitoring the health and safety
of individuals exposed to harmful substances as a result of a
disaster. In the case of the World Trade Center, environmental
monitoring conducted by the U.S. Environmental Protection
Agency has shown elevated levels of asbestos, dioxin, PCBs,
benzene, metals, and particulates in air, dust, and water
samples taken in the area.
The heroic efforts of emergency response personnel in the
days and weeks following the September 11, 2001, disaster have
underscored the need for a program to monitor and to track the
health and safety of rescue workers. For example, scores of
emergency response personnel responding to the World Trade
Center attacks subsequently developed severe respiratory
ailments. These workers will need long-term monitoring. This
section addresses this important issue by amending the Stafford
Act to authorize the President to carry out a program for the
protection, assessment, monitoring, and study of the health and
safety of first responders in a major disaster area. The bill
does not require FEMA to provide treatment first responders.
If the President determines that one or more harmful
substances (substances that the President determines may be
harmful to human health) are present in a disaster area, the
President may carry out a program for the protection,
assessment, monitoring, and study of the health and safety of
first responders. The intent of the program is to protect the
health and safety of first responders exposed or potentially
exposed to harmful substances as a direct result of the
disaster and to prevent the recurrence of similar health
impacts in future disasters.
The program may include the collection and analysis of
environmental exposure data, performance of baseline sampling,
establishment of an exposure registry, and study of the long-
term health impacts of exposure through epidemiological
studies. The program also may include developing and
disseminating educational materials. The committee intends that
medical or academic institutions in the proximate area of the
disaster, and with experience in environmental and occupational
health and safety, conduct such studies when feasible and
appropriate. Institutions developing and carrying out the
program may consult with the National Institute of
Environmental Health Sciences, the Agency for Toxic Substances
and Disease Registry, the Occupational Safety and Health
Administration, the Environmental Protection Agency, or other
agencies with significant experience and expertise in the area
of worker health and safety.
Participation in any study under this section is voluntary,
and the President shall take appropriate measures to protect
participant privacy. Not later than 1 year after a study's
completion, the President, or the institution conducting the
study, will present the findings to the Director, the Secretary
of Health and Human Services, the Secretary of Labor, and the
Administrator of the Environmental Protection Agency.
Sec. 7. Urban Search and Rescue Task Forces
SUMMARY
Section 7 amends the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5197 et seq.) by adding a
Section 631 to authorize additional assistance for Urban Search
and Rescue Task Forces.
DISCUSSION
The purpose of Section 7 is to provide the needed funds,
equipment, and training to ensure that all urban search and
rescue task forces have the full capability to respond to any
disaster, including acts of terrorism involving a weapon of
mass destruction. The Federal Emergency Management Agency
(FEMA) established the National Urban Search and Rescue
Response System in 1989 pursuant to requirement in the
Earthquakes Hazards Reduction Act of 1977, which directed FEMA
to provide adequate search and rescue capacity in the event of
an earthquake. There currently are 28 task forces throughout
the United States.
The terrorist attacks of September 11, 2001, demonstrated
the need for fully equipped and trained task forces. The
committee recognizes that the Federal Government has a
responsibility to ensure that each task force is adequately
trained and equipped to perform urban search and rescue
functions in all environments, including the aftermath from
acts of terrorism involving weapons of mass destruction.
The Federal Government also needs to ensure that each task
force has adequate equipment to meet all operational needs and
staff support, and the capability to put two full teams in the
field to meet any disaster or act of terrorism. While these
task forces were originally created for earthquake response,
they have an expanding and vital role in responding to acts of
terrorism, including those involving weapons of mass
destruction. These task forces also have a role to play in
sharing their expertise with other first responders.
This section authorizes mandatory grants of $1,500,000 for
the cost of operations for each FEMA-designated urban search
and rescue task force. It also authorizes additional
discretionary grants for operations, equipment, training,
transportation, expansion, and incident support teams. The Act
establishes a goal of providing each task force with the
resources necessary to train and equip two teams that can
deploy simultaneously. The Director of FEMA may not designate
any additional task forces until all 28 current task forces
have that capability.
Sec. 8. Authorization of Appropriations
SUMMARY
Section 8 authorizes $3.5 billion for fiscal years 2003-
2006 for carrying out the purposes of this Act.
DISCUSSION
This level of funding is consistent with the President's
fiscal year 2003 budget request. The total amount is divided
into funds for the First Responder Grant Program and for Urban
Search and Rescue Task Forces. The higher amount of funding for
urban search and rescue in fiscal year 2003 reflects the
initial need to train and equip the task forces to respond to
incidents of weapons of mass destruction and to enable them to
deploy two teams simultaneously. The urban search and rescue
funds authorized for fiscal years 2004-2006 are for operations
and maintenance costs. Funds appropriated for the task forces
are available until expended.
Legislative History
Senator James M. Jeffords and Senator Bob Smith introduced
S. 2664 the ``First Responder Terrorism Preparedness Act of
2002,'' on June 20, 2002. The committee reported the bill
favorably, with amendments, on June 27, 2002, by voice vote.
Hearings
Prior to the introduction of S. 2664 the Committee on
Environment and Public Works held two hearings on emergency
response issues. On October 16, 2001, the committee held a
hearing on the Federal response to the September 11, 2001
attacks, receiving testimony from Hon. Joseph Allbaugh,
Director, Federal Emergency Management Agency; Edward P.
Plaugher, Chief, Arlington County Fire Department Arlington,
VA; Jeffrey L. Metzinger, Chief, Sacramento Metropolitan Fire
Department and Member, FEMA Urban Search and Rescue Team; and
Robert Hessinger, Member, Ohio Task Force One.
On March 12, 2002, the committee held a hearing to consider
the President's budget request for first response to disasters,
receiving testimony from Hon. Joe Allbaugh, Director, Federal
Emergency Management Agency; Woodbury P. Fogg, P.E., on behalf
of the National Emergency Management Association; Ed Wilson,
Chief, City of Portland Fire Department, Portland, OR; Mike
O'Neil, Chief, South Burlington Fire Department, Burlington,
VT; and Kenneth E. Zirkle, President, The University of
Findlay, Findlay, OH.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 2664 on June 27, 2002. By voice vote, the committee
agreed to three amendments offered by Senator Hillary Clinton.
The first amendment, as modified, offered by Senator
Clinton establishes a program to protect the health and safety
of first responders and was accepted as modified by second
degree. The second amendment offered by Senator Clinton
requires States to use criteria established by FEMA to disburse
funds to local governments and local entities within 45 days
and to coordinate with them concerning the use of this
assistance. The third amendment offered by Senator Clinton
provides that FEMA will coordinate with the Department of
Justice in relation to the Community Oriented Policing Services
program.
The committee then agreed to favorably report S. 2664, as
amended, by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes evaluation of
the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 2664 would
impose no unfunded mandates on local, State, or tribal
governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment Act
requires that a statement of the cost of the reported bill,
prepared by the Congressional Budget Office, be included in the
report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 6, 2002.
Hon. James M. Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2664, the First
Responder Terrorism Preparedness Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Rachel
Milberg, who can be reached at 226-2860
Sincerely,
Dan L. Crippen.
----------
Congressional Budget Office Cost Estimate
S. 2664, First Responder Terrorism Preparedness Act of 2002, as ordered
reported by the Senate Committee on Environment and Public
Works on June 27, 2002
Summary
S. 2664 would authorize grants to States to help first
responders prepare for terrorist incidents, authorize grants to
urban search and rescue task forces, require the President to
provide public education and conduct ongoing studies of harmful
substances at disaster sites, and establish an Office of
National Preparedness within the Federal Emergency Management
Agency (FEMA).
Assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 2664 would cost about $12.3
billion over the 2003-2007 period. S. 2664 would not affect
direct spending or receipts; therefore, pay-as-you-go
procedures would not apply.
S. 2664 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would authorize grants for State, local, and tribal
governments to support their activities as first responders to
terrorist attacks.
Estimated Cost to the Federal Government
The estimated budgetary impact of S. 2664 is shown in the
following table. The costs of this legislation fall within
budget function 450 (community and regional development).
By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
2003 2004 2005 2006 2007
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO
APPROPRIATION
Estimated Authorization Level.. 3,504 3,504 3,508 3,508 12
Estimated Outlays.............. 1,577 2,454 2,981 3,333 1,935
------------------------------------------------------------------------
Basis of Estimate
S. 2664 includes four major provisions: grants for first
responders, grants for urban search and rescue task forces, a
program to monitor harmful substances at disaster sites, and
the establishment of an Office of National Preparedness.
For this estimate, CBO assumes S. 2664 will be enacted near
the beginning of fiscal year 2003 and that the specified and
estimated authorization levels for implementing the bill will
be appropriated for each year. Estimates of outlays are based
on information from FEMA, the Agency for Toxic Substances and
Disease Registry (ATSDR), and historical spending patterns of
similar programs.
Grants for First Responders
S. 2664 would authorize FEMA to provide grants to States to
help first responders prepare for terrorist incidents. First
responders include fire, emergency medical service, and law
enforcement personnel. For those grants, the bill would
authorize the appropriation of $13.7 billion over the 2003-2006
period. CBO estimates that amount would be spent over the 2003-
2008 period.
Grants for Urban Search and Rescue Task Forces
S. 2664 would authorize FEMA to provide grants to urban
search and rescue task forces to cover their operating
expenses. These task forces locate, rescue, and provide initial
medical service to victims trapped in confined spaces. For
those grants, the bill would authorize the appropriation of
$286 million over the 2003-2006 period, and CBO estimates that
this total would be spent over the 2003-2008 period.
Response to Harmful Substances
S. 2664 would require the President to establish a new
program to provide public education and conduct ongoing studies
of substances harmful to human health that are present at
disaster sites. Based on information from FEMA and ATSDR, CBO
estimates that implementing the provisions in this bill would
cost about $30 million over the 2003-2007 period.
Under this bill, CBO assumes that FEMA would work
cooperatively with ATSDR to conduct long-term epidemiological
studies in certain disaster areas. According to the ATSDR, each
long-term study conducted under this bill would cost $3 million
to $5 million a year and could last from 5 to 15 years. CBO
cannot predict the number of such studies that might be
required in the future. For this estimate, we assume that one
new study would be initiated every other year at an average
cost of $4 million per year.
Office of National Preparedness
S. 2664 would establish an office within FEMA to develop
standards, write guidelines, and provide assistance to State,
tribal, and local governments related to terrorist incidents.
FEMA's existing Office of National Preparedness currently
addresses terrorism, and CBO estimates that implementing this
provision would not significantly affect the Federal budget.
Pay-As-You-Go Considerations: None.
Intergovernmental and Private-Sector Impact
S. 2664 contains no intergovernmental or private-sector
mandates as defined in UMRA and would authorize grants for
State, local, and tribal governments to support their
activities as first responders to terrorist attacks.
Previous Estimate
On December 6, 2001, CBO transmitted a cost estimate for S.
1621, a bill to amend the Robert T. Stafford Disaster Relief
and Emergency Assistance Act to authorize the President to
carry out a program for the protection of the health and safety
of community members, volunteers, and workers in a disaster
area, as ordered reported by the Senate Committee on
Environment and Public Works on November 8, 2001. That bill is
very similar to the provisions in S. 2664 related to monitoring
harmful substances at disaster sites, and the cost estimates
for those provisions are the same.
Estimate Prepared By: Federal Costs: Rachel Milberg; Impact on
State, Local, and Tribal Governments: Leo Lex; Impact on the
Private Sector: Lauren Marks.
Estimate Approved By: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
ADDITIONAL VIEWS OF SENATOR CLINTON
Since September 11, our entire world has changed: all
Americans have been called on to become vigilant in their every
day lives and although the terrorists responsible for the
attacks targeted two cities, communities across the country,
thousands of miles away from Ground Zero, now find themselves
on the front lines in the war against terrorism here at home.
Along with this new responsibility comes a heavy burden that
these communities should not be forced to shoulder alone.
That is why I support S. 2664, the ``First Responder
Terrorism Act of 2002.'' I believe S. 2664 is a strong step in
the right direction in getting additional financial support to
our States, cities, towns, counties, and first responders--
those who have the primary responsibility for protecting our
communities across the America. The $3.5 billion authorized
under the bill for fiscal years 2003 through 2006 will help our
communities and first responders secure the strongest homeland
defense possible.
I am also pleased that during the Environment and Public
Works Committee's consideration of S. 2664, Chairman James M.
Jeffords and Ranking Member Bob Smith accepted three amendments
I offered to the bill that were designed to address, in part,
issues of first responder health and safety, the speed with
which Federal assistance under S. 2664 is given to local
communities, and coordination among first responder programs.
Recognizing that the health and safety of our first
responders is paramount, the first of the three amendments
accepted provides for outreach, education, protection, and
monitoring of the health and safety of first responders exposed
to harmful substances in the event of a disaster. As we have
been learning from the experience of first responders at Ground
Zero, exposure to asbestos, particle matter, and other airborne
pollutants can cause short-term health effects and may lead to
long-term injury. We have a moral obligation to track the
health of first responders and provide them with information
and assistance in receiving treatment so that they can
maintain, or regain, their good health.
Although I believe that local communities should receive
Federal assistance from the Federal Government directly, rather
than as a pass through from the States, the second amendment
that was accepted is designed to increase the speed and
efficiency with which States will pass through the Federal
assistance under S. 2664 to our cities, towns, counties, and
first responders across the country. Specifically, this
amendment requires States to allocate and pass through the
Federal assistance to local communities within 45 days of the
date the States receive the funds from the Federal Government.
States must coordinate with local governments and local
entities in doing so. The amendment also requires States to
allocate the Federal assistance to local governments and local
entities in accordance with criteria established by the
Director of the Federal Emergency Management Agency (FEMA); the
same criteria FEMA will use in allocating Federal assistance to
the States.
The third amendment directs the FEMA Director to coordinate
with the United States Attorney General regarding the COPS
Program in implementing the provisions of S. 2664. This
language is consistent with language that was in the bill, as
introduced, which requires the FEMA Director to coordinate with
the Administrator of the U.S. Fire Administration on key
programs like the Assistance to Firefighters program (also
referred to as the FIRE Act grants). As we move forward with
improving our homeland defense, coordination will be key and I
believe this amendment will be helpful in that regard.
Although there are many good provisions in S. 2664, I
nevertheless have four major concerns that I hope can still be
addressed. First, I believe strongly that cities and counties
should receive homeland security funding directly from the
Federal Government and not as a pass through from the States.
Second, States and local communities should be permitted to
use at least a portion of the homeland security assistance
received for first responder personnel costs, including
overtime. Third, we in Congress should support, not penalize,
communities that took the initiative in the aftermath of
September 11--and significantly improved the security in their
communities--by enabling those communities to use a portion of
Federal assistance authorized by this bill to pay for homeland-
security costs that were incurred after September 11, but
before enactment of this legislation.
Finally, the 25 percent matching requirement for States and
local communities that seek Federal assistance will be too
large for many communities that are financially distressed. The
bill currently has no provision that would enable such
communities, regardless of size, to seek a waiver of the
matching requirement.
These concerns, discussed in greater detail below, are
based upon dozens of conversations I have had with mayors,
county executives, and first responders in New York and across
the country, and upon the testimony of local government leaders
and first responders who have appeared before the EPW Committee
and other congressional committees.
Direct Funding to Local Communities
Although our States must play a critically important role
in coordinating local, statewide, and regional homeland
security efforts, effective homeland security requires that
resources be sent directly to those communities on the front
lines. Federal homeland security funds should be provided to
local communities directly because, since September 11, our
local communities have borne, and continue to bear, the most
significant security burdens. They should therefore receive
Federal assistance as quickly and efficiently as possible. See
National League of Cities (NLC) Resolution 2002-01
(``[M]unicipalities have taken a direct role in national
defense which was previously assumed to be a Federal
responsibility.'').
When disaster strikes in any community, citizens usually
don't call the White House, the Congress, or even a Federal or
State agency; instead they call 911 and the local first
responders come to the rescue. Indeed, a guiding principle of
the Gilmore Commission is that ``[a]ll terrorist incidents are
local or at least will start that way. Effective response and
recovery can only be achieved with the recognition that local
responders are the first line of defense . . . .'' The Advisory
Panel to Assess Domestic Response Capabilities for Terrorism
Involving Weapons of Mass Destruction (the ``Gilmore
Commission''), December 2001.
That local communities would receive funding more quickly
and efficiently by receiving Federal funding directly,
particularly when the funding is by formula, rather than as a
pass-through from the States, is irrefutable. That is why the
U.S. Conference of Mayors, National League of Cities, National
Association of Counties, and first responders across the
country support direct funding to local communities. See, e.g.,
Cities United for Science Progress (CUSP), Partnership of U.S.
Conference of Mayors and DuPont, Emergency Preparedness Survey
(January 2002), at p. 11 (finding that vast majority of mayors
believe that emergency preparedness funding for their
respective cities would be hampered by having Federal funds go
to the States instead of directly to cities); March 12, 2002
Testimony of Fire Chief Ed Wilson, city of Portland, Oregon
before the Senate Committee on Environment and Public Works;
March 12, 2002 Testimony of Michael E. O'Neil, Chief Engineer,
South Burlington Fire Department, before the Senate Committee
on Environment and Public Works (disagreeing with Bush
Administration's position that funding should go to the States
and not directly to local governments). As Fire Chief Ed Wilson
of Portland testified, the Community Development Block Grant
Program is an ``excellent model'' for dispersing first
responder funds because ``[i]t would allow Federal funding to
go directly to cities . . . This model . . . . would avoid
unnecessary delays in getting funding to local communities who
need it now.''
With respect to S. 2664, the concern about the speed with
which local communities receive funding from the States was
addressed in part by the adoption of the amendment I offered
that requires States to pass through funds to local communities
within 45 days of the date the States receive funding from the
Federal Government. Unfortunately, however, that amendment
cannot resolve the more fundamental issue of how long it will
take FEMA to allocate funds to the States, particularly since
S. 2664 contains no formulas for allocating funds, but instead
leaves it to FEMA to determine the allocation of funds to the
States based on a broad set of criteria. Such a construct is
unusual. See Eugene Boyd and Ben Canada, ``Block Grants: An
Overview,'' Congressional Research Service, January 26, 2001
(``For most block grants, such as the Community Development
Block Grant, Congress prescribes formulas in the authorizing
legislation for distributing the funds. For a few grants,
Congress gives authority for the method for distribution of
funds to Federal executive agencies.'').
It is my sincere hope that as we further consider S. 2664
that at least a portion of the Federal assistance will be
allocated directly, by formula, to local communities to ensure
that these communities receive desperately needed funding as
quickly and as efficiently as possible. I believe it critically
important that our local communities receive Federal assistance
quickly because when it comes to securing a strong homeland
defense, time is of the essence.
First Responder Personnel Costs
Any legislation whose purpose is to support first
responders should provide adequate flexibility to local
communities to use block grant funds for first responder
personnel costs. That is why I strongly believe that S. 2664
should contain language that permits States and local
communities to use at least a portion of Federal assistance
received to cover first responder personnel costs, including
overtime. S. 2664 explicitly states, however, that the Federal
assistance provided in the bill cannot be used for first
responder compensation. (Federal assistance ``shall not be used
to provide compensation to first responders [including payment
for overtime.]'').
Allowing at least a portion of funds to be used for first
responder personnel costs is important because those costs,
particularly overtime costs, are part and parcel of first
responder training. Not only do more experienced first
responders work overtime to train less experienced first
responders, but local communities also incur overtime costs
when they must use additional first responder personnel to
protect residents while training takes place. See July 30, 2002
testimony of Chief Michael Maglione of the Bridgeport,
Connecticut Fire Department and on behalf of the International
Association of Fire Chiefs (IAFC) before the Subcommittee on
National Security, Veterans Affairs, and International
Relations of the House Committee on Government Reform.
Funding first responder personnel costs is also important
because central to our homeland defense are the men and women
who serve as our fire fighters, police officers, and emergency
service personnel. Since September 11, we as a Nation have
required more and more of our first responders in terms of
training and preparedness and their jobs have become
increasingly dangerous, even as they face local budget cuts,
closings of police precincts and fire houses, and layoffs of
their fellow first responders.
Although FEMA Director Joe M. Allbaugh testified before the
EPW Committee during its March 12, 2002 hearing that he did not
believe that paying first responder overtime expenses was a
Federal Government responsibility, I can think of few Federal
Government responsibilities that are more important than
ensuring that our State and local communities have the first
responder personnel that are vital to protecting our citizens.
Presumably, that is why Homeland Security Director Ridge has
indicated that he would be supportive of a provision that would
permit local communities to use a percentage of their Federal
assistance received for personnel costs, including overtime. I
hope that within the Bush Administration, Director Ridge's
position will prevail and I ask my colleagues to support giving
States and local communities greater flexibility in using
Federal homeland security assistance, including using a portion
of the funds received for first responder personnel costs.
Retroactivity
S. 2664 has been interpreted to prohibit States and local
communities from using Federal funds to cover expenses that
were incurred before enactment. Such a policy penalizes those
communities that took the initiative after September 11 in
purchasing equipment, conducting training, and the like to
improve the security in their communities. Accordingly, as we
further consider S. 2664, I encourage my colleagues to support
a provision that would permit States and local communities to
use a portion of Federal assistance received to cover homeland
security expenses incurred after January 1 of this year.
Matching Requirement
Given the current state of our economy and the tremendous
additional homeland security burdens that cities, counties, and
States have borne since September 11, significant local matches
of Federal homeland security funding are burdens that many of
our distressed communities should not have to bear. This is so
because if a significant match is required, first responder
funds ``will only go to those agencies and governments that can
fiscally afford the match and not necessarily where the need is
the greatest.'' March 12, 2002 Testimony of Woodbury P. Fogg,
P.E. on behalf of the National Emergency Management Association
before the Senate Committee on Environment and Public Works.
See generally U. S. Government Accounting Office, ``National
Preparedness: Integration of Federal, State, Local, and Private
Sector Efforts Is Critical to an Effective National Strategy
for Homeland Security,'' GAO-02-621T, April 10, 2002 Testimony
before the House Subcommittee on Economic Development, Public
Buildings, and Emergency Management, Committee on
Transportation and Infrastructure, at p. 18 (noting
distribution formula for homeland security block grants could
be based on several considerations, including the State or
local government's capacity to respond to a disaster and that
capacity depends on a number of factors, ``the most important
of which perhaps is the underlying strength of the State's tax
base and whether that base is expanding or is in decline'').
S. 2664 provides for a maximum State or local match of
twenty-five percent of the Federal assistance received. Not
only is this matching requirement too large, but the bill also
contains no provision that would enable distressed communities,
regardless of their size, to seek a waiver of the matching
requirement. See generally ``Protecting Our Nation: The
American Fire Service Position Paper on the Department of
Homeland Security,'' p.3.
In short, under S. 2664, many communities that are most in
need of Federal homeland security funding assistance may be
least able to receive it. This can be rectified, however, by
reducing the matching requirement to 10 percent and permitting
distressed communities to seek a waiver of that requirement.
These amendments to
S. 2664 should enable even the most distressed community to
obtain Federal assistance to improve the level of security for
that community and its citizens.
In conclusion, just as our Federal Government pays for
defense overseas, it is our duty to fund our defense at home.
Indeed, Article 4, Section 4 of our Constitution reads: ``The
United States shall guarantee to every State in this Union a
Republican Form of Government, and shall protect each of them
against Invasion . . .'' By providing our communities with the
resources and tools they need to respond to the national call
for heightened security, we will have a better-prepared home
front and a stronger America.
I look forward to continuing to work with Chairman
Jeffords, Ranking Member Smith, and other members of the
Environment and Public Works Committee and Senate to address
these issues so that we may have the strongest homeland defense
possible.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
----------
THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
[The former Disaster Relief Act of 1974; 42 U.S.C. 5121-5205]
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 ``Robert T. Stafford Disaster
Relief and Emergency Assistance Act''.
* * * * * * *
DEFINITIONS
Sec. 102. As used in this Act--
(1) * * *
* * * * * * *
(2) Major disaster.--``Major disaster'' means any
natural catastrophe (including any hurricane, tornado,
storm, high water, winddriven water, tidal wave,
tsunami, earthquake, volcanic eruption, landslide,
mudslide, snowstorm, or drought incident of terrorism),
or, regardless of cause, any fire, flood, or explosion,
in any part of the United States, which in the
determination of the President causes damage of
sufficient severity and magnitude to warrant major
disaster assistance under this Act to supplement the
efforts and available resources of States, local
governments, and disaster relief organizations in
alleviating the damage, loss, hardship, or suffering
caused thereby.
* * * * * * *
SEC. 602. DEFINITIONS.
(a) Definitions.--For purposes of this title only:
(1) * * *
* * * * * * *
(11) Weapon of mass destruction.--The term `weapon
of mass destruction' has the meaning given the term in
section 2302 of title 50, United States Code.
* * * * * * *
SEC. 614. REQUIREMENT FOR STATE MATCHING FUNDS FOR CONSTRUCTION OF
EMERGENCY OPERATING CENTERS.
Notwithstanding any other provision of this title, funds
appropriated to carry out this title (other than section 630)
may not be used for the purpose of constructing emergency
operating centers (or similar facilities) in any State unless
such State matches in an equal amount the amount made available
to such State under this title (other than section 630) for
such purpose.
* * * * * * *
SEC. 616. OFFICE OF NATIONAL PREPAREDNESS.
(a) In General.--There is established in the Federal
Emergency Management Agency an office to be known as the
`Office of National Preparedness' (referred to in this section
as the `Office').
(b) Appointment of Associate Director.--
(1) In general.--The Office shall be headed by an
Associate Director, who shall be appointed by the
President, by and with the advice and consent of the
Senate.
(2) Compensation.--The Associate Director shall be
compensated at the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(c) Duties.--The Office shall--
(1) lead a coordinated and integrated overall
effort to build viable terrorism preparedness and
response capability at all levels of government;
(2) establish clearly defined standards and
guidelines for Federal, State, tribal, and local
government terrorism preparedness and response;
(3) establish and coordinate an integrated
capability for Federal, State, tribal, and local
governments and emergency responders to plan for and
address potential consequences of terrorism;
(4) coordinate provision of Federal terrorism
preparedness assistance to State, tribal, and local
governments;
(5) establish standards for a national,
interoperable emergency communications and warning
system;
(6) establish standards for training of first
responders (as defined in section 630(a)), and for
equipment to be used by first responders, to respond to
incidents of terrorism, including incidents involving
weapons of mass destruction; and
(7) carry out such other related activities as are
approved by the Director.
(d) Designation of Regional Contacts.--The Associate
Director shall designate an officer or employee of the Federal
Emergency Management Agency in each of the 10 regions of the
Agency to serve as the Office contact for the States in that
region.
(e) Use of Existing Resources.--In carrying out this
section, the Associate Director shall--
(1) to the maximum extent practicable, use existing
resources, including planning documents, equipment
lists, and program inventories; and
(2) consult with and use--
(A) existing Federal interagency boards and
committees;
(B) existing government agencies; and
(C) nongovernmental organizations.
* * * * * * *
SEC. 626. AUTHORIZATION OF APPROPRIATIONS AND TRANSFERS OF FUNDS.
[(a) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the provisions of this title.]
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated such sums as are necessary to carry out
this title (other than sections 630 and 632).
(2) Preparedness assistance for first responders.--
There are authorized to be appropriated to carry out
section 630--
(A) $3,340,000,000 for fiscal year 2003;
and
(B) $3,458,000,000 for each of fiscal years
2004 through 2006.
(3) Urban search and rescue task forces.--
(A) In general.--There are authorized to be
appropriated to carry out section 632--
(i) $160,000,000 for fiscal year
2003; and
(ii) $42,000,000 for each of fiscal
years 2004 through 2006.
(B) Availability of amounts.--Amounts made
available under subparagraph (A) shall remain
available until expended.
* * * * * * *
SEC. 630. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.
(a) Definitions.--In this section:
(1) Director.--The term `Director' means the
Director of the Federal Emergency Management Agency,
acting through the Office of National Preparedness
established by section 616.
(2) First responder.--The term `first responder'
means--
(A) fire, emergency medical service, and
law enforcement personnel; and
(B) such other personnel as are identified
by the Director.
(3) Local entity.--The term `local entity' has the
meaning given the term by regulation promulgated by the
Director.
(4) Program.--The term `program' means the program
established under subsection (b).
(b) Program To Provide Assistance.--
(1) In general.--The Director shall establish a
program to provide assistance to States to enhance the
ability of State and local first responders to respond
to incidents of terrorism, including incidents
involving weapons of mass destruction.
(2) Federal share.--The Federal share of the costs
eligible to be paid using assistance provided under the
program shall be not less than 75 percent, as
determined by the Director.
(3) Forms of assistance.--Assistance provided under
paragraph (1) may consist of--
(A) grants; and
(B) such other forms of assistance as the
Director determines to be appropriate.
(c) Uses of Assistance.--Assistance provided under
subsection (b)--
(1) shall be used--
(A) to purchase, to the maximum extent
practicable, interoperable equipment that is
necessary to respond to incidents of terrorism,
including incidents involving weapons of mass
destruction;
(B) to train first responders, consistent
with guidelines and standards developed by the
Director;
(C) in consultation with the Director, to
develop, construct, or upgrade terrorism
preparedness training facilities;
(D) to develop, construct, or upgrade
emergency operating centers;
(E) to develop preparedness and response
plans consistent with Federal, State, and local
strategies, as determined by the Director;
(F) to provide systems and equipment to
meet communication needs, such as emergency
notification systems, interoperable equipment,
and secure communication equipment;
(G) to conduct exercises; and
(H) to carry out such other related
activities as are approved by the Director; and
(2) shall not be used to provide compensation to
first responders (including payment for overtime).
(d) Allocation of Funds.--For each fiscal year, in
providing assistance under subsection (b), the Director shall
make available--
(1) to each of the District of Columbia, Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands,
$3,000,000; and
(2) to each State (other than a State specified in
paragraph (1))--
(A) a base amount of $15,000,000; and
(B) a percentage of the total remaining
funds made available for the fiscal year based
on criteria established by the Director, such
as--
(i) population;
(ii) location of vital
infrastructure, including--
(I) military installations;
(II) public buildings (as
defined in section 13 of the
Public Buildings Act of 1959
(40 U.S.C. 612));
(III) nuclear power plants;
(IV) chemical plants; and
(V) national landmarks; and
(iii) proximity to international
borders.
(e) Provision of Funds to Local Governments and Local
Entities.--
(1) In general.--For each fiscal year, not less
than 75 percent of the assistance provided to each
State under this section shall be provided to local
governments and local entities within the State.
(2) Allocation of funds.--Under paragraph (1), a
State shall allocate assistance to local governments
and local entities within the State in accordance with
criteria established by the Director, such as the
criteria specified in subsection (d)(2)(B).
(3) Deadline for provision of funds.--Under
paragraph (1), a State shall provide all assistance to
local government and local entities not later than 45
days after the date on which the State receives the
assistance.
(4) Coordination.--Each State shall coordinate with
local governments and local entities concerning the use
of assistance provided to local governments and local
entities under paragraph (1).
(f) Administrative Expenses.--
(1) Director.--For each fiscal year, the Director
may use to pay salaries and other administrative
expenses incurred in administering the program not more
than the lesser of--
(A) 5 percent of the funds made available
to carry out this section for the fiscal year;
or
(B)(i) for fiscal year 2003, $75,000,000;
and
(ii) for each of fiscal years 2004 through
2006, $50,000,000.
(2) Recipients of assistance.--For each fiscal
year, not more than 10 percent of the funds retained by
a State after application of subsection (e) may be used
to pay salaries and other administrative expenses
incurred in administering the program.
(g) Maintenance of Expenditures.--The Director may provide
assistance to a State under this section only if the State
agrees to maintain, and to ensure that each local government
that receives funds from the State in accordance with
subsection (e) maintains, for the fiscal year for which the
assistance is provided, the aggregate expenditures by the State
or the local government, respectively, for the uses described
in subsection (c)(1) at a level that is at or above the average
annual level of those expenditures by the State or local
government, respectively, for the 2 fiscal years preceding the
fiscal year for which the assistance is provided.
(h) Reports.--
(1) Annual report to the director.--As a condition
of receipt of assistance under this section for a
fiscal year, a State shall submit to the Director, not
later than 60 days after the end of the fiscal year, a
report on the use of the assistance in the fiscal year.
(2) Exercise and report to congress.--As a
condition of receipt of assistance under this section,
not later than 3 years after the date of enactment of
this section, a State shall--
(A) conduct an exercise, or participate in
a regional exercise, approved by the Director,
to measure the progress of the State in
enhancing the ability of State and local first
responders to respond to incidents of
terrorism, including incidents involving
weapons of mass destruction; and
(B) submit a report on the results of the
exercise to--
(i) the Committee on Environment
and Public Works and the Committee on
Appropriations of the Senate; and
(ii) the Committee on
Transportation and Infrastructure and
the Committee on Appropriations of the
House of Representatives.
(i) Coordination.--
(1) With federal agencies.--The Director shall, as
necessary, coordinate the provision of assistance under
this section with activities carried out by--
(A) the Administrator of the United States
Fire Administration in connection with the
implementation by the Administrator of the
assistance to firefighters grant program
established under section 33 of the Federal
Fire Prevention and Control Act of 1974 (15
U.S.C. 2229) (as added by section 1701(a) of
the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (114
Stat. 1654, 1654A-360));
(B) the Attorney General, in connection
with the implementation of the Community
Oriented Policing Services (COPS) Program
established under section 1701(a) of the
Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd(a)); and
(C) other appropriate Federal agencies.
(2) With indian tribes.--In providing and using
assistance under this section, the Director and the
States shall, as appropriate, coordinate with--
(A) Indian tribes (as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)) and other
tribal organizations; and
(B) Native villages (as defined in section
3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602)) and other Alaska Native
organizations.
SEC. 631. PROTECTION OF HEALTH AND SAFETY OF FIRST RESPONDERS.
(a) Definitions.--In this section:
(1) First responder.--The term `first responder'
has the meaning given the term in section 630(a).
(2) Harmful substance.--The term `harmful
substance' means a substance that the President
determines may be harmful to human health.
(3) Program.--The term `program' means a program
described in subsection (b)(1).
(b) Program.--
(1) In general.--If the President determines that 1
or more harmful substances are being, or have been,
released in an area that the President has declared to
be a major disaster area under this Act, the President
shall carry out a program with respect to the area for
the protection, assessment, monitoring, and study of
the health and safety of first responders.
(2) Activities.--A program shall include--
(A) collection and analysis of
environmental and exposure data;
(B) development and dissemination of
educational materials;
(C) provision of information on releases of
a harmful substance;
(D) identification of, performance of
baseline health assessments on, taking
biological samples from, and establishment of
an exposure registry of first responders
exposed to a harmful substance;
(E) study of the long-term health impacts
of any exposures of first responders to a
harmful substance through epidemiological
studies; and
(F) provision of assistance to participants
in registries and studies under subparagraphs
(D) and (E) in determining eligibility for
health coverage and identifying appropriate
health services.
(3) Participation in registries and studies.--
(A) In general.--Participation in any
registry or study under subparagraph (D) or (E)
of paragraph (2) shall be voluntary.
(B) Protection of privacy.--The President
shall take appropriate measures to protect the
privacy of any participant in a registry or
study described in subparagraph (A).
(4) Cooperative agreements.--The President may
carry out a program through a cooperative agreement
with a medical or academic institution, or a consortium
of such institutions, that is--
(A) located in close proximity to the major
disaster area with respect to which the program
is carried out; and
(B) experienced in the area of
environmental or occupational health and
safety, including experience in--
(i) conducting long-term
epidemiological studies;
(ii) conducting long-term mental
health studies; and
(iii) establishing and maintaining
environmental exposure or disease
registries.
(c) Reports and Responses to Studies.--
(1) Reports.--Not later than 1 year after the date
of completion of a study under subsection (b)(2)(E),
the President, or the medical or academic institution
or consortium of such institutions that entered into
the cooperative agreement under subsection (b)(4),
shall submit to the Director, the Secretary of Health
and Human Services, the Secretary of Labor, and the
Administrator of the Environmental Protection Agency a
report on the study.
(2) Changes in procedures.--To protect the health
and safety of first responders, the President shall
make such changes in procedures as the President
determines to be necessary based on the findings of a
report submitted under paragraph (1).
SEC. 632. URBAN SEARCH AND RESCUE TASK FORCES.
(a) Definitions.--In this section:
(1) Urban search and rescue equipment.--The term
`urban search and rescue equipment' means any equipment
that the Director determines to be necessary to respond
to a major disaster or emergency declared by the
President under this Act.
(2) Urban search and rescue task force.--The term
`urban search and rescue task force' means any of the
28 urban search and rescue task forces designated by
the Director as of the date of enactment of this
section.
(b) Assistance.--
(1) Mandatory grants for costs of operations.--For
each fiscal year, of the amounts made available to
carry out this section, the Director shall provide to
each urban search and rescue task force a grant of not
less than $1,500,000 to pay the costs of operations of
the urban search and rescue task force (including costs
of basic urban search and rescue equipment).
(2) Discretionary grants.--The Director may provide
to any urban search and rescue task force a grant, in
such amount as the Director determines to be
appropriate, to pay the costs of--
(A) operations in excess of the funds
provided under paragraph (1);
(B) urban search and rescue equipment;
(C) equipment necessary for an urban search
and rescue task force to operate in an
environment contaminated or otherwise affected
by a weapon of mass destruction;
(D) training, including training for
operating in an environment described in
subparagraph (C);
(E) transportation;
(F) expansion of the urban search and
rescue task force; and
(G) incident support teams, including costs
of conducting appropriate evaluations of the
readiness of the urban search and rescue task
force.
(3) Priority for funding.--The Director shall
distribute funding under this subsection so as to
ensure that each urban search and rescue task force has
the capacity to deploy simultaneously at least 2 teams
with all necessary equipment, training, and
transportation.
(c) Grant Requirements.--The Director shall establish such
requirements as are necessary to provide grants under this
section.
(d) Establishment of Additional Urban Search and Rescue
Task Forces.--
(1) In general.--Subject to paragraph (2), the
Director may establish urban search and rescue task
forces in addition to the 28 urban search and rescue
task forces in existence on the date of enactment of
this section.
(2) Requirement of full funding of existing urban
search and rescue task forces.--Except in the case of
an urban search and rescue task force designated to
replace any urban search and rescue task force that
withdraws or is otherwise no longer considered to be an
urban search and rescue task force designated by the
Director, no additional urban search and rescue task
forces may be designated or funded until the 28 urban
search and rescue task forces are able to deploy
simultaneously at least 2 teams with all necessary
equipment, training, and transportation.