[House Report 108-460]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-460
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS ACT OF 2004
_______
April 2, 2004.--Ordered to be printed
_______
Mr. Cox, from the Select Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 3266]
[Including cost estimate of the Congressional Budget Office]
The Select Committee on Homeland Security, to whom was
referred the bill (H.R. 3266) to authorize the Secretary of
Homeland Security to make grants to first responders, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 15
Background and Need for Legislation.............................. 15
Hearings and Briefings........................................... 16
Committee Consideration.......................................... 17
Committee Votes.................................................. 18
Committee Oversight Findings..................................... 22
Statement of General Performance Goals and Objectives............ 22
New Budget Authority, Entitlement Authority, and Tax Expenditures 22
Congressional Budget Office Estimate............................. 22
Federal Mandates Statement....................................... 25
Advisory Committee Statement..................................... 25
Constitutional Authority Statement............................... 25
Applicability to Legislative Branch.............................. 25
Section-by-Section Analysis of the Legislation................... 25
Changes in Existing Law Made by the Bill, as Reported............ 32
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Faster and Smarter
Funding for First Responders Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Faster and Smarter Funding for First Responders.
``TITLE XVIII--FUNDING FOR FIRST RESPONDERS
``1801. Faster and smarter funding for first responders.
``1802. Essential capabilities for first responders.
``1803. Task Force on Essential Capabilities for First
Responders.
``1804. Covered grant eligibility and criteria.
``1805. Use of funds and accountability requirements.
``1806. National standards for first responder equipment and
training.
``1807. Definitions.
Sec. 4. Modification of Homeland Security Advisory System.
``Sec. 203. Homeland Security Advisory System.
Sec. 5. Coordination of industry efforts.
Sec. 6. Superseded provision.
Sec. 7. Sense of Congress regarding interoperable communications.
Sec. 8. Sense of Congress regarding Citizen Corps councils.
Sec. 9. Study regarding nationwide emergency notification system.
Sec. 10. Authorization of appropriations.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In order to achieve its objective of minimizing the
damage, and assisting in the recovery, from terrorist attacks,
the Department of Homeland Security must play a leading role in
assisting communities to reach the level of preparedness they
need to respond to a terrorist attack.
(2) First responder funding is not reaching the men and women
of our Nation's first response teams quickly enough, and
sometimes not at all.
(3) To reform the current bureaucratic process so that
homeland security dollars reach the first responders who need
it most, it is necessary to clarify and consolidate the
authority and procedures of the Department of Homeland Security
to support first responders.
(4) Ensuring adequate resources for the new national mission
of homeland security requires a discrete and separate grant
making process for homeland security funds for first response
to terrorist acts, on the one hand, and for first responder
programs designed to meet pre-9/11 priorities, on the other.
(5) Homeland security grants to first responders must be
based on the best intelligence concerning the capabilities and
intentions of our terrorist enemies, and that intelligence must
be used to target resources to the Nation's greatest risks,
vulnerabilities, and consequences.
(6) The Nation's first response capabilities will be improved
by sharing resources, training, planning, personnel, and
equipment among neighboring jurisdictions through mutual aid
agreements and regional cooperation. Such regional cooperation
should be supported, where appropriate, through direct grants
from the Department of Homeland Security.
(7) An essential prerequisite to achieving the Nation's
homeland security objectives for first responders is the
establishment of well-defined national goals for terrorism
preparedness. These goals should delineate the essential
capabilities that every jurisdiction in the United States
should possess or to which it should have access.
(8) A national determination of essential capabilities is
needed to identify levels of State and local government
terrorism preparedness, to determine the nature and extent of
State and local first responder needs, to identify the human
and financial resources required to fulfill them, and to direct
funding to meet those needs and to measure preparedness levels
on a national scale.
(9) To facilitate progress in attaining essential
capabilities for State and local first responders, the
Department of Homeland Security should seek to allocate
homeland security funding for first responders to meet
nationwide needs.
(10) Private sector resources and citizen volunteers can
perform critical functions in assisting in preventing and
responding to terrorist attacks, and should be integrated into
State and local planning efforts to ensure that their
capabilities and roles are understood, so as to provide
enhanced State and local operational capability and surge
capacity.
(11) Public-private partnerships, such as the partnerships
between the Business Executives for National Security and the
States of New Jersey and Georgia, can be useful to identify and
coordinate private sector support for State and local first
responders. Such models should be expanded to cover all States
and territories.
(12) An important component of national standards is
measurability, so that it is possible to determine how prepared
a State or local government is now, and what additional steps
it needs to take, in order to respond to acts of terrorism.
(13) The Department of Homeland Security should establish,
publish, and regularly update national voluntary consensus
standards for both equipment and training, in cooperation with
both public and private sector standard setting organizations,
to assist State and local governments in obtaining the
equipment and training to attain the essential capabilities for
first response to acts of terrorism, and to ensure that first
responder funds are spent wisely.
SEC. 3. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
(a) In General.--The Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 361 et seq.) is amended--
(1) in section 1(b) in the table of contents by adding at the
end the following:
``TITLE XVIII--FUNDING FOR FIRST RESPONDERS
``1801. Faster and smarter funding for first responders.
``1802. Essential capabilities for first responders.
``1803. Task Force on Essential Capabilities for First Responders.
``1804. Covered grant eligibility and criteria.
``1805. Use of funds and accountability requirements.
``1806. National standards for first responder equipment and training.
``1807. Definitions.''; and
(2) by adding at the end the following:
``TITLE XVIII--FUNDING FOR FIRST RESPONDERS
``SEC. 1801. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
``(a) Covered Grants.--This title applies to any grant provided by
the Department to States or regions to improve the ability of first
responders to prevent, prepare for, respond to, or mitigate threatened
or actual terrorist attacks, especially those involving weapons of mass
destruction, and including any grant under the following:
``(1) State homeland security grant program.--The State
Homeland Security Grant Program of the Department, or any
successor to such grant program.
``(2) Urban area security initiative.--The Urban Area
Security Initiative of the Department, or any successor to such
grant program.
``(b) Excluded Programs.--This title does not apply to or otherwise
affect the following Federal grant programs or any grant under such a
program:
``(1) Nondepartment programs.--Any Federal grant program that
is not administered by the Department.
``(2) Fire grant programs.--The fire grant programs
authorized by sections 33 and 34 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229, 2229a).
``(3) Emergency management planning and assistance account
grants.--The Emergency Management Performance Grant program and
the Urban Search and Rescue Grants program authorized by title
VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5195 et seq.); the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2000 (113 Stat. 1047
et seq.); and the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.).
``SEC. 1802. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.
``(a) Establishment of Essential Capabilities.--
``(1) In general.--The Secretary shall establish clearly
defined essential capabilities for State and local government
preparedness for terrorism, in consultation with--
``(A) the Task Force on Essential Capabilities for
First Responders established under section 1803;
``(B) the Under Secretaries for Emergency
Preparedness and Response, Border and Transportation
Security, Information Analysis and Infrastructure
Protection, and Science and Technology, and the
Director of the Office for Domestic Preparedness;
``(C) other appropriate Federal agencies;
``(D) State and local first responder agencies and
officials; and
``(E) groups responsible for setting standards
relevant to the first responder community.
``(2) Deadlines.--The Secretary shall--
``(A) establish essential capabilities under
paragraph (1) within 30 days after receipt of the
initial submission of a final report under section
1803(c)(2); and
``(B) regularly update such essential capabilities as
necessary, but not less than every 3 years.
``(3) Provision of essential capabilities.--The Secretary
shall ensure that essential capabilities established under
paragraph (1) are provided promptly to the States and to the
Congress. The States shall make the essential capabilities
available as necessary and appropriate to local governments
within their jurisdictions.
``(b) Objectives.--The Secretary shall ensure that essential
capabilities established under subsection (a)(1) meet the following
objectives:
``(1) Specificity.--The determination of essential
capabilities specifically shall describe the training,
planning, personnel, and equipment that different types of
communities in the Nation should possess, or to which they
should have access, in order to meet the Department's goals for
terrorism preparedness based upon--
``(A) the most current risk assessment available by
the Directorate for Information Analysis and
Infrastructure Protection of the threats of terrorism
against the United States; and
``(B) the types of threats, vulnerabilities,
geography, size, and other factors that the Secretary
has determined to be applicable to each different type
of community.
``(2) Flexibility.--The establishment of essential
capabilities shall be sufficiently flexible to allow State and
local government officials to set priorities based on
particular needs, while reaching nationally determined
terrorism preparedness levels within a specified time period.
``(3) Measurability.--The establishment of essential
capabilities shall be designed to enable measurement of
progress towards specific terrorism preparedness goals.
``(c) Threats to Be Considered.--
``(1) In general.--In establishing essential capabilities
under subsection (a)(1), the Secretary specifically shall
consider the variables of threat, vulnerability, and
consequences with respect to the Nation's population (including
transient commuting and tourist populations) and critical
infrastructure. Such consideration shall be based upon the most
current risk assessment available by the Directorate for
Information Analysis and Infrastructure Protection of the
threats of terrorism against the United States.
``(2) Critical infrastructure sectors.--The Secretary
specifically shall consider threats of terrorism against the
following critical infrastructure sectors in all areas of the
Nation, urban and rural:
``(A) Agriculture.
``(B) Banking and finance.
``(C) Chemical industries.
``(D) The defense industrial base.
``(E) Emergency services.
``(F) Energy.
``(G) Food.
``(H) Government.
``(I) Postal and shipping.
``(J) Public health.
``(K) Information and telecommunications networks.
``(L) Transportation.
``(M) Water.
The order in which the critical infrastructure sectors are
listed in this paragraph shall not be construed as an order of
priority for consideration of the importance of such sectors.
``(3) Consideration of additional threats.--In establishing
essential capabilities under subsection (a)(1), the Secretary
shall take into account any other specific threat to a
population (including a transient commuting or tourist
population) or critical infrastructure sector that the
Secretary has determined to exist.
``SEC. 1803. TASK FORCE ON ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.
``(a) Establishment.--To assist the Secretary in establishing
essential capabilities under section 1802(a)(1), the Secretary shall
establish an advisory body to be known as the Task Force on Essential
Capabilities for First Responders not later than 60 days after the date
of the enactment of this section.
``(b) Draft Report.--
``(1) In general.--The Task Force shall submit to the
Secretary, not later than one year after its establishment by
the Secretary under subsection (a) and every 3 years
thereafter, a draft report on its recommendations for the
essential capabilities all State and local government first
responders should possess, or to which they should have access,
to enhance terrorism preparedness, including--
``(A) to prevent a terrorist attack;
``(B) to protect persons and critical infrastructure
against attack; and
``(C) to enhance terrorism response and mitigation
capabilities if such an attack occurs.
``(2) Threats to be considered in determining essential
capabilities.--
``(A) In general.--In reporting to the Secretary on
its recommendations for essential capabilities, the
Task Force specifically shall consider the critical
infrastructure sectors described in section 1802(c)(2),
and the threats to populations in all areas of the
Nation, urban and rural, including the following:
``(i) Biological threats.
``(ii) Nuclear threats.
``(iii) Radiological threats.
``(iv) Incendiary threats.
``(v) Chemical threats.
``(vi) Explosives.
``(vii) Suicide bombers.
``(viii) Cyber threats.
``(ix) Any other threats based on proximity
to specific past acts of terrorism or the known
activity of any terrorist group.
``(B) No priority.--The order in which the threats
are listed in subparagraph (A) shall not be construed
as an order of priority for consideration of the
importance of such threats.
``(3) Risk-based.--The draft report shall be based upon the
most current risk assessment available by the Directorate for
Information Analysis and Infrastructure Protection of the
threats of terrorism against the United States provided to the
Task Force pursuant to subsection (d).
``(4) Contents.--The draft report shall--
``(A) include a priority ranking of essential
capabilities, in order to provide guidance to the
Secretary and to the Congress on determining the
appropriate allocation of, and funding levels for,
first responder needs;
``(B) set forth a methodology by which any State or
local government will be able to determine the extent
to which it possesses or has access to the essential
capabilities that States and local governments having
similar risks should obtain;
``(C) describe the availability of national voluntary
consensus standards, and whether there is a need for
new national voluntary consensus standards, with
respect to first responder training and equipment;
``(D) include such additional matters as the
Secretary may specify in order to further the terrorism
preparedness capabilities of first responders; and
``(E) include such revisions to the contents of past
reports as are necessary to take into account changes
in the most current risk assessment available by the
Directorate for Information Analysis and Infrastructure
Protection or other relevant information as determined
by the Secretary.
``(c) Review and Revision of Draft Report.--
``(1) Review and comments.--Within 30 days after the date of
the submission of the draft report by the Task Force under
subsection (b), the Secretary shall review and provide comments
to the Task Force on the contents of the draft report.
``(2) Revision and submission of final report.--Within 30
days after receiving the Secretary's comments, the Task Force
shall--
``(A) revise its draft report based on the comments
provided by the Secretary, and any other comments it
has solicited and received, if the Task Force
determines that such revisions are appropriate; and
``(B) submit the final report on essential
capabilities to the Secretary and to the Congress.
``(d) Task Force Access to Information.--
``(1) Security clearances.--For purposes of carrying out its
responsibilities under this section, the Task Force shall be
provided as a matter of priority appropriate security
clearances, including interim security clearances.
``(2) Access to finished intelligence.--For purposes of
carrying out its responsibilities under this section, the Task
Force shall be provided access to all finished intelligence and
analytic products it may request from the Directorate for
Information Analysis and Infrastructure Protection or other
sources within the Department concerning the nature and
likelihood of terrorist attacks on the territory of the United
States.
``(3) Access to assessment tools.--For purposes of carrying
out its responsibilities under this section, the Task Force
shall be provided access to all tools or methodologies
currently or formerly used by the Department and its
predecessor organizations to assess the preparedness
capabilities of State and local governments.
``(4) Valid clearances.--Nothing in this section shall be
considered to authorize a member of the Task Force to have
access to classified information unless that member possesses a
valid clearance to receive such information.
``(e) Membership.--
``(1) In general.--The Task Force shall consist of 25 members
appointed by the Secretary, and shall--
``(A) represent a cross section of first responder
disciplines; and
``(B) include both State and local representatives
within each discipline.
``(2) Term of members.--Each appointed member of the Task
Force shall serve for a term not to exceed 18 months. No
individual may be appointed as a member of the Task Force for
more than 2 terms.
``(3) Selection of members.--The Secretary shall include in
the membership of the Task Force--
``(A) members selected from the emergency response
field, including firefighters and law enforcement,
hazardous materials response, emergency medical
services, and emergency management personnel (including
public works personnel routinely engaged in emergency
response);
``(B) health scientists, emergency and inpatient
medical providers, and public health professionals,
including experts in emergency health care response to
chemical, biological, radiological, and nuclear
terrorism, and experts in providing mental health care
during emergency response operations;
``(C) experts from Federal, State, and local
governments, and the private sector, representing
standards-setting organizations, including
representation from the voluntary consensus codes and
standards development community, particularly those
with expertise in firefighting, law enforcement, and
emergency medical services delivery; and
``(D) State and local officials with expertise in
terrorism preparedness, subject to the condition that
if any such officials are elected officials, an equal
number shall be selected from each of the two major
political parties.
``(4) Ex officio members.--The Secretary shall designate one
or more officers of the Department to serve as ex officio
members of the Task Force, one of whom shall be the designated
officer of the Federal Government for purposes of subsection
(e) of section 10 of the Federal Advisory Committee Act.
``(5) Diversity in composition of task force.--In appointing
members to the Task Force, the Secretary shall ensure, to the
extent practicable, that its membership--
``(A) is geographically diverse;
``(B) includes representatives from both rural and
urban jurisdictions;
``(C) includes representatives from both management
and labor;
``(D) includes representatives from both uniformed
and nonuniformed professions;
``(E) includes representatives from both voluntary
and professional services;
``(F) includes representatives from both government
and nongovernment emergency medical services; and
``(G) includes sufficient personnel with security
clearances necessary to review classified materials
that may be needed to conduct the business of the Task
Force.
``(6) Chair.--At the first meeting of the Task Force, the
membership of the Task Force appointed under paragraph (3)
shall elect a chair of the Task Force.
``(f) Meetings.--The Task Force shall meet as often as necessary to
complete reports in accordance with this section.
``(g) Pay.--
``(1) In general.--Members of the Task Force shall serve
without pay by reason of their work on the Task Force.
``(2) Federal officers and employees.--Members of the Task
Force who are officers or employees of the United States shall
receive no additional pay by reason of their service as a
member of the Task Force.
``(h) Travel Expenses.--Members of the Task Force shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Task Force.
``(i) Services, Funds, and Staff.--The Secretary shall provide to the
Task Force, on a non-reimbursable basis, such administrative services,
funds, staff, facilities, and other support services as the Secretary
determines necessary, in consultation with the chair of the Task Force,
for the Task Force to perform its duties efficiently and in accordance
with this section.
``(j) Details.--Upon the request of the Task Force, the Secretary may
detail, without reimbursement, any personnel of the Department to
assist the Task Force in carrying out its duties. Any such detail of an
employee shall be without interruption or loss of civil service status
or privilege.
``(k) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.), including subsections (a), (b),
and (d) of section 10 of such Act, and section 552b(c) of title 5,
United States Code, shall apply to the Task Force.
``SEC. 1804. COVERED GRANT ELIGIBILITY AND CRITERIA.
``(a) Grant Eligibility.--Any State or region shall be eligible to
apply for a covered grant.
``(b) Grant Criteria.--In awarding covered grants, the Secretary
shall assist States and local governments in achieving the essential
capabilities for first responders established by the Secretary under
section 1802.
``(c) State Homeland Security Plans.--
``(1) Submission of plans.--The Secretary shall require that
any State applying to the Secretary for a covered grant must
submit to the Secretary a 3-year State homeland security plan
that--
``(A) demonstrates the extent to which the State has
achieved the essential capabilities that apply to the
State, and describes the extent to which the State used
the methodology developed pursuant to section
1803(b)(4)(B) to evaluate the level of its essential
capabilities;
``(B) demonstrates the additional needs of the State
necessary to achieve the essential capabilities that
apply to the State;
``(C) includes a prioritization of such additional
needs based on threat, vulnerability, and consequence
assessment factors applicable to the State;
``(D) describes how the State intends--
``(i) to address such additional needs at the
city, county, regional, State, and interstate
level;
``(ii) to use all Federal, State, and local
resources available for the purpose of
addressing such additional needs; and
``(iii) to give particular emphasis to
regional planning and cooperation, both within
its jurisdictional borders and with neighboring
States; and
``(E) is developed in consultation with and subject
to appropriate comment by local governments within the
State.
``(2) Approval by secretary.--The Secretary may not award any
covered grant to a State unless the Secretary has approved the
applicable State homeland security plan.
``(d) Consistency With State Plans.--The Secretary shall ensure that
each covered grant is used to supplement and support, in a consistent
and coordinated manner, the applicable State homeland security plan or
plans.
``(e) Application for Grant.--
``(1) In general.--Any State or region may apply for a
covered grant by submitting to the Secretary an application at
such time, in such manner, and containing such information as
is required under this subsection, or as the Secretary may
reasonably require.
``(2) Deadlines for applications and awards.--All
applications for covered grants must be submitted to the
Secretary no later than February 15 of the fiscal year for
which they are submitted. The Secretary shall award covered
grants pursuant to all approved applications for such fiscal
year as soon as practicable, but not later than July 31 of such
year.
``(3) Availability of funds.--All funds awarded by the
Secretary under covered grants in a fiscal year shall be
available for obligation through the end of the subsequent
fiscal year.
``(4) Minimum contents of application.--The Secretary shall
require that each applicant include in its application, at a
minimum--
``(A) the purpose for which the applicant seeks
covered grant funds and the reasons why the applicant
needs the covered grant to meet the essential
capabilities for terrorism preparedness within the
State or region to which the application pertains;
``(B) a description of how, by reference to the
applicable State homeland security plan or plans under
subsection (c), the allocation of grant funding
proposed in the application, including, where
applicable, the amount not passed through under section
1805(e)(1), would assist in fulfilling the essential
capabilities specified in such plan or plans;
``(C) a statement of whether a mutual aid agreement
applies to the use of all or any portion of the covered
grant funds;
``(D) if the applicant is a region--
``(i) a precise geographical description of
the region and a specification of all
participating and nonparticipating local
governments within the geographical area
comprising that region;
``(ii) a specification of what governmental
entity within the region will administer the
expenditure of funds under the covered grant;
and
``(iii) a designation of a specific
individual to serve as regional liaison;
``(E) a capital budget showing how the applicant
intends to allocate and expend the covered grant funds;
and
``(F) a statement of how the applicant intends to
meet the matching requirement, if any, that applies
under section 1805(e)(2).
``(5) Regional applications.--
``(A) Submission to state or states.--To ensure the
consistency required under subsection (d), an applicant
that is a region must simultaneously submit its
application to the Department and to each State of
which any part is included in the region.
``(B) Opportunity for state comment.--Before awarding
any covered grant to a region, the Secretary shall
provide an opportunity to each State of which any part
is included in a region, during the 30-day period
beginning on the date on which the region submits an
application for a covered grant, to comment to the
Secretary on the consistency of the region's plan with
the State's homeland security plan.
``(C) Final authority.--The Secretary shall have
final authority to determine the consistency of any
regional application with the applicable State homeland
security plan or plans and approve any regional
application. The Secretary shall notify each State of
which any part is included in a region of the approval
of a regional application for that region.
``(D) Regional liaisons.--A regional liaison
designated under paragraph (4)(D)(iii) shall--
``(i) coordinate with Federal, State, local,
regional, and private officials within the
region concerning terrorism preparedness;
``(ii) develop a process for receiving input
from Federal, State, local, regional, and
private sector officials within the region to
assist in the development of the regional
application and to improve the region's access
to covered grants; and
``(iii) administer, in consultation with
State, local, regional, and private officials
within the region, covered grants awarded to
the region.
``(6) Equipment standards.--If an applicant for a covered
grant proposes to upgrade or purchase, with assistance provided
under the grant, new equipment or systems that do not meet or
exceed any applicable national voluntary consensus standards
established by the Secretary under section 1806(a), the
applicant shall include in the application an explanation of
why such equipment or systems will serve the needs of the
applicant better than equipment or systems that meet or exceed
such standards.
``(f) First Responder Grants Board.--
``(1) Establishment of board.--The Secretary shall establish
a First Responder Grants Board, consisting of--
``(A) the Secretary;
``(B) the Under Secretary for Emergency Preparedness
and Response;
``(C) the Under Secretary for Border and
Transportation Security;
``(D) the Under Secretary for Information Analysis
and Infrastructure Protection;
``(E) the Under Secretary for Science and Technology;
and
``(F) the Director of the Office for Domestic
Preparedness.
``(2) Chairman.--
``(A) In general.--The Secretary shall be the
Chairman of the Board.
``(B) Exercise of authorities by deputy secretary.--
The Deputy Secretary of Homeland Security may exercise
the authorities of the Chairman, if the Secretary so
directs.
``(3) Ranking of grant applications.--
``(A) Prioritization of grants.--The Board shall
evaluate and annually prioritize all pending
applications for covered grants based upon the degree
to which they would lessen the threat to, vulnerability
of, and consequences for persons and critical
infrastructure.
``(B) Achieving nationwide capability.--In evaluating
and prioritizing grant applications under subparagraph
(A), the Board shall--
``(i) seek to achieve and enhance essential
capabilities throughout the Nation; and
``(ii) seek to allocate a portion of the
funds available for covered grants each fiscal
year for the purpose of making covered grants
to each approved applicant that the Board
determines has demonstrated a valid need in its
application.
``(4) Functions of under secretaries.--The Under Secretaries
referred to in paragraph (1) shall seek to ensure that the
relevant expertise and input of the staff of their directorates
are available to and considered by the Board.
``SEC. 1805. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.
``(a) In General.--A covered grant may be used for--
``(1) purchasing or upgrading equipment, including computer
software, to enhance terrorism preparedness and response;
``(2) exercises to strengthen terrorism preparedness and
response;
``(3) training for prevention (including detection) of,
preparedness for, or response to attacks involving weapons of
mass destruction, including training in the use of equipment
and computer software;
``(4) developing or updating response plans;
``(5) establishing or enhancing mechanisms for sharing
terrorism threat information pursuant to this Act;
``(6) systems architecture and engineering, program planning
and management, strategy formulation and strategic planning,
life-cycle systems design, product and technology evaluation,
and prototype development for terrorism preparedness and
response purposes;
``(7) additional personnel costs resulting from--
``(A) elevations in the threat alert level of the
Homeland Security Advisory System;
``(B) travel to and participation in exercises and
training in the use of equipment and on prevention
activities; and
``(C) the temporary replacement of personnel during
any period of travel to and participation in exercises
and training in the use of equipment and on prevention
activities;
``(8) the costs of equipment (including software) required to
receive, transmit, handle, and store classified information;
``(9) enhancing facilities to serve as operations centers, or
hardening critical infrastructure against potential attack by
the addition of barriers, fences, gates, and other such
devices;
``(10) the costs of commercially available equipment that
complies with, where applicable, national voluntary consensus
standards, and that facilitates interoperability, coordination,
and integration between emergency communications systems,
including--
``(A) mobile vehicles that contain equipment such as
commercial telephone trunk lines, VHF and UHF radios,
patch panels, and crosspatches, among other
technologies and equipment; and
``(B) communications system overlay software and
hardware that allow multiple disparate communications
networks to act as one network;
``(11) educational curricula development for first responders
to ensure that they are prepared for terrorist attacks;
``(12) training and exercises to assist public elementary and
secondary schools in developing and implementing programs to
instruct students regarding age-appropriate skills to prepare
for and respond to an act of terrorism; and
``(13) other appropriate activities as determined by the
Secretary.
``(b) Prohibited Uses.--Funds provided as a covered grant may not be
used--
``(1) to supplant State or local funds for, or otherwise
support, traditional missions of State and local law
enforcement, firefighters, emergency medical services, or
public health agencies, unless such support serves a dual
purpose and the funds are primarily intended to enhance
terrorism preparedness;
``(2) to construct buildings or other physical facilities;
``(3) to acquire land; or
``(4) for any State or local government cost sharing
contribution.
``(c) Assistance Requirement.--The Secretary may not request that
equipment paid for, wholly or in part, with funds provided as a covered
grant be made available for responding to emergencies in surrounding
States, regions, and localities, unless the Secretary undertakes to pay
the costs directly attributable to transporting and operating such
equipment during such response.
``(d) Flexibility in Unspent Homeland Security Grant Funds.--Upon
request by the recipient of a covered grant, the Secretary may
authorize the grantee to transfer all or part of funds provided as the
covered grant from uses specified in the grant agreement to other uses
authorized under this section, if the Secretary determines that such
transfer is in the interests of homeland security.
``(e) State and Regional Responsibilities.--
``(1) Pass-through.--The Secretary shall require a recipient
of a covered grant that is a State to obligate or otherwise
make available to local governments, first responders, and
other local groups, to the extent required under the State
homeland security plan or plans specified in the application
for the grant, not less than 80 percent of the grant funds,
resources purchased with the grant funds having a value equal
to at least 80 percent of the amount of the grant, or a
combination thereof, by not later than the end of the 45-day
period beginning on the date the grant recipient receives the
grant funds.
``(2) Cost sharing.--
``(A) In general.--The Federal share of the costs of
an activity carried out with a covered grant to a State
or region awarded after the 2-year period beginning on
the date of the enactment of this section shall not
exceed 75 percent.
``(B) Interim rule.--The Federal share of the costs
of an activity carried out with a covered grant awarded
before the end of the 2-year period beginning on the
date of the enactment of this section shall be 100
percent.
``(C) In-kind matching.--Each recipient of a covered
grant may meet the matching requirement under
subparagraph (A) by making in-kind contributions of
goods or services that are directly linked with the
purpose for which the grant is made, including, but not
limited to, any necessary personnel overtime,
contractor services, administrative costs, equipment
fuel and maintenance, and rental space.
``(3) Certifications regarding distribution of grant funds to
local governments.--Any State that receives a covered grant
shall certify to the Secretary, by not later than 30 days after
the expiration of the period described in paragraph (1) with
respect to the grant, that the State has made available for
expenditure by local governments, first responders, and other
local groups the required amount of grant funds pursuant to
paragraph (1).
``(4) Report on homeland security spending.--Each recipient
of a covered grant shall submit a report to the Secretary not
later than 60 days after the end of each fiscal year. Each
recipient of a covered grant that is a region must
simultaneously submit its report to each State of which any
part is included in the region. Each report must include the
following:
``(A) The amount, ultimate recipients, and dates of
receipt of all funds received under the grant during
the previous fiscal year.
``(B) The amount and the dates of disbursements of
all such funds expended in compliance with paragraph
(1) or pursuant to mutual aid agreements or other
sharing arrangements that apply within the State or
region, as applicable, during the previous fiscal year.
``(C) How the funds were utilized by each ultimate
recipient or beneficiary during the preceding fiscal
year.
``(D) The extent to which essential capabilities
identified in the applicable State homeland security
plan or plans were achieved or enhanced as the result
of the expenditure of grant funds during the preceding
fiscal year.
``(E) The extent to which essential capabilities
identified in the applicable State homeland security
plan or plans remain unmet.
``(5) Inclusion of restricted annexes.--A recipient of a
covered grant may submit to the Secretary an annex to the
report under paragraph (4) that is subject to appropriate
handling restrictions, if the recipient believes that
discussion in the report of unmet needs would reveal sensitive
but unclassified information.
``(6) Provision of reports.--The Secretary shall ensure that
each report under paragraph (4) is provided to the Under
Secretary for Emergency Preparedness and Response and the
Director of the Office for Domestic Preparedness.
``(f) Incentives to Efficient Administration of Homeland Security
Grants.--
``(1) Penalties for delay in passing through local share.--If
a recipient of a covered grant that is a State fails to pass
through to local governments, first responders, and other local
groups funds or resources required by subsection (e)(1) within
45 days after receiving funds under the grant, the Secretary
may--
``(A) reduce grant payments to the grant recipient
from the portion of grant funds that is not required to
be passed through under subsection (e)(1);
``(B) terminate payment of funds under the grant to
the recipient, and transfer the appropriate portion of
those funds directly to local first responders that
were intended to receive funding under that grant; or
``(C) impose additional restrictions or burdens on
the recipient's use of funds under the grant, which may
include--
``(i) prohibiting use of such funds to pay
the grant recipient's grant-related overtime or
other expenses;
``(ii) requiring the grant recipient to
distribute to local government beneficiaries
all or a portion of grant funds that are not
required to be passed through under subsection
(e)(1); or
``(iii) for each day that the grant recipient
fails to pass through funds or resources in
accordance with subsection (e)(1), reducing
grant payments to the grant recipient from the
portion of grant funds that is not required to
be passed through under subsection (e)(1),
except that the total amount of such reduction
may not exceed 20 percent of the total amount
of the grant.
``(2) Extension of period.--The Governor of a State may
request in writing that the Secretary extend the 45-day period
under paragraph (1) for an additional 15-day period. The
Secretary may approve such a request, and may extend such
period for additional 15-day periods, if the Secretary
determines that the resulting delay in providing grant funding
to the local government entities that will receive funding
under the grant will not have a significant detrimental impact
on such entities' terrorism preparedness efforts.
``(3) Provision of non-local share to local government.--
``(A) In general.--The Secretary may upon request by
a local government pay to the local government a
portion of the amount of a covered grant awarded to a
State in which the local government is located, if--
``(i) the local government will use the
amount paid to expedite planned enhancements to
its terrorism preparedness as described in any
applicable State homeland security plan or
plans;
``(ii) the State has failed to pass through
funds or resources in accordance with
subsection (e)(1); and
``(iii) the local government complies with
subparagraphs (B) and (C).
``(B) Showing required.--To receive a payment under
this paragraph, a local government must demonstrate
that--
``(i) it is identified explicitly as an
ultimate recipient or intended beneficiary in
the approved grant application;
``(ii) it was intended by the grantee to
receive a severable portion of the overall
grant for a specific purpose that is identified
in the grant application;
``(iii) it petitioned the grantee for the
funds or resources after expiration of the
period within which the funds or resources were
required to be passed through under subsection
(e)(1); and
``(iv) it did not receive the portion of the
overall grant that was earmarked or designated
for its use or benefit.
``(C) Effect of payment.--Payment of grant funds to a
local government under this paragraph--
``(i) shall not affect any payment to another
local government under this paragraph; and
``(ii) shall not prejudice consideration of a
request for payment under this paragraph that
is submitted by another local government.
``(D) Deadline for action by secretary.--The
Secretary shall approve or disapprove each request for
payment under this paragraph by not later than 15 days
after the date the request is received by the
Department.
``(g) Reports to Congress.--The Secretary shall submit an annual
report to the Congress by December 31 of each year--
``(1) describing in detail the amount of Federal funds
provided as covered grants that were directed to each State and
region in the preceding fiscal year;
``(2) containing information on the use of such grant funds
by grantees; and
``(3) describing, on a nationwide and State-by-State basis--
``(A) the extent to which essential capabilities
identified in applicable State homeland security plan
or plans were created or enhanced as the result of the
expenditure of covered grant funds during the preceding
fiscal year;
``(B) the extent to which essential capabilities
identified in applicable State homeland security plan
or plans remain unmet; and
``(C) an estimate of the amount of Federal, State,
and local expenditures required to attain across the
United States the essential capabilities established
under section 1802(a).
``SEC. 1806. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND
TRAINING.
``(a) Equipment Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretary for Science and Technology and the Director of
the Office for Domestic Preparedness, shall, not later than 6
months after the date of enactment of this section, support the
development of, promulgate, and update as necessary national
voluntary consensus standards for the performance, use, and
validation of first responder equipment for purposes of section
1804(e)(6). Such standards--
``(A) shall be, to the maximum extent practicable,
consistent with any existing voluntary consensus
standards;
``(B) shall take into account, as appropriate, new
types of terrorism threats that may not have been
contemplated when such existing standards were
developed; and
``(C) shall be focused on maximizing
interoperability, interchangeability, durability,
flexibility, efficiency, efficacy, portability,
sustainability, and safety.
``(2) Required categories.--In carrying out paragraph (1),
the Secretary shall specifically consider the following
categories of first responder equipment:
``(A) Thermal imaging equipment.
``(B) Radiation detection and analysis equipment.
``(C) Biological detection and analysis equipment.
``(D) Chemical detection and analysis equipment.
``(E) Decontamination and sterilization equipment.
``(F) Personal protective equipment, including
garments, boots, gloves, and hoods and other protective
clothing.
``(G) Respiratory protection equipment.
``(H) Interoperable communications, including
wireless and wireline voice, video, and data networks.
``(I) Explosive mitigation devices and explosive
detection and analysis equipment.
``(J) Containment vessels.
``(K) Contaminant-resistant vehicles.
``(L) Such other equipment for which the Secretary
determines that national voluntary consensus standards
would be appropriate.
``(b) Training Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office for
Domestic Preparedness, shall support the development of,
promulgate, and regularly update as necessary national
voluntary consensus standards for first responder training
carried out with amounts provided under covered grant programs,
that will enable State and local government first responders to
achieve optimal levels of terrorism preparedness as quickly as
practicable. Such standards shall give priority to providing
training to--
``(A) enable first responders to prevent, prepare
for, respond to, and mitigate terrorist threats,
including threats from chemical, biological, nuclear,
and radiological weapons and explosive devices capable
of inflicting significant human casualties; and
``(B) familiarize first responders with the proper
use of equipment, including software, developed
pursuant to the standards established under subsection
(a).
``(2) Required categories.--In carrying out paragraph (1),
the Secretary specifically shall include the following
categories of first responder activities:
``(A) Regional planning.
``(B) Joint exercises.
``(C) Intelligence collection, analysis, and sharing.
``(D) Emergency notification of affected populations.
``(E) Detection of biological, nuclear, radiological,
and chemical weapons of mass destruction.
``(F) Such other activities for which the Secretary
determines that national voluntary consensus training
standards would be appropriate.
``(c) Consultation With Standards Organizations.--In establishing
national voluntary consensus standards for first responder equipment
and training under this section, the Secretary shall consult with
relevant public and private sector groups, including--
``(1) the National Institute of Standards and Technology;
``(2) the National Fire Protection Association;
``(3) the National Association of County and City Health
Officials;
``(4) the Association of State and Territorial Health
Officials;
``(5) the American National Standards Institute;
``(6) the National Institute of Justice;
``(7) the Inter-Agency Board for Equipment Standardization
and Interoperability;
``(8) the National Public Health Performance Standards
Program;
``(9) the National Institute for Occupational Safety and
Health;
``(10) ASTM International; and
``(11) to the extent the Secretary considers appropriate,
other national voluntary consensus standards development
organizations, other interested Federal, State, and local
agencies, and other interested persons.
``SEC. 1807. DEFINITIONS.
``In this title:
``(1) Board.--The term `Board' means the First Responder
Grants Board established under section 1804(f).
``(2) Covered grant.--The term `covered grant' means any
grant to which this title applies under section 1801.
``(3) Elevations in the threat alert level.--The term
`elevations in the threat alert level' means any designation
(including those that are less than national in scope) that
raises the homeland security threat level to either the highest
or second highest threat level under the Homeland Security
Advisory System referred to in section 201(d)(7).
``(4) Essential capabilities.--The term `essential
capabilities' means the levels, availability, and competence of
emergency personnel, planning, training, and equipment across a
variety of disciplines needed to effectively and efficiently
prevent, prepare for, and respond to acts of terrorism
consistent with established practices.
``(5) Region.--The term `region' means--
``(A) any geographic area consisting of all or parts
of 2 or more contiguous States, counties,
municipalities, or other local governments that have a
combined population of at least 1,650,000 or have an
area of not less than 20,000 square miles, and that,
for purposes of an application for a covered grant, is
represented by 1 or more governments or governmental
agencies within such geographic area, and that is
established by law or by agreement of 2 or more such
governments or governmental agencies in a mutual aid
agreement; or
``(B) any other combination of contiguous local
government units (including such a combination
established by law or agreement of two or more
governments or governmental agencies in a mutual aid
agreement) that is formally certified by the Secretary
as a region for purposes of this Act with the consent
of--
``(i) the State or States in which they are
located, including a multi-State entity
established by a compact between two or more
States; and
``(ii) the incorporated municipalities,
counties, and parishes which they encompass.
``(6) Task force.--The term `Task Force' means the Task Force
on Essential Capabilities for First Responders established
under section 1803.
``(7) First responder.--The term `first responder' shall have
the same meaning as the term `emergency response provider'.''.
(b) Definition of Emergency Response Providers.--Section 2(6) of the
Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 101(6)) is
amended by inserting ``fire,'' after ``law enforcement,''.
(c) Temporary Limitation on Application.--The following provisions of
title XVIII of the Homeland Security Act of 2002, as amended by
subsection (a), shall not apply during the 2 year period beginning on
the date of the enactment of this Act:
(1) Subsections (b), (c), (e) (except paragraph (5) of such
subsection), and (f)(3)(B) of section 1804.
(2) Subparagraphs (D) and (E) of section 1805(e)(4).
(3) Section 1805(g)(3).
SEC. 4. MODIFICATION OF HOMELAND SECURITY ADVISORY SYSTEM.
(a) In General.--Subtitle A of title II of the Homeland Security Act
of 2002 (Public Law 107-296; 6 U.S.C. 121 et seq.) is amended by adding
at the end the following:
``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
``(a) In General.--The Secretary shall revise the Homeland Security
Advisory System referred to in section 201(d)(7) to require that any
designation of a threat level or other warning shall be accompanied by
a designation of the geographic regions or economic sectors to which
the designation applies.
``(b) Reports.--The Secretary shall report to the Congress annually
by not later than December 31 each year regarding the geographic
region-specific warnings and economic sector-specific warnings issued
during the preceding fiscal year under the Homeland Security Advisory
System referred to in section 201(d)(7), and the bases for such
warnings. The report shall be submitted in unclassified form and may,
as necessary, include a classified annex.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 202 the following:
``203. Homeland Security Advisory System.''.
SEC. 5. COORDINATION OF INDUSTRY EFFORTS.
Section 102(f) of the Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 112(f)) is amended by striking ``and'' after the
semicolon at the end of paragraph (6), by striking the period at the
end of paragraph (7) and inserting ``; and'', and by adding at the end
the following:
``(8) coordinating industry efforts to identify private
sector resources and capabilities that could be effective in
supplementing Federal, State, and local government agency
efforts to prevent or respond to a terrorist attack.''.
SEC. 6. SUPERSEDED PROVISION.
This Act supersedes section 1014 of Public Law 107-56.
SEC. 7. SENSE OF CONGRESS REGARDING INTEROPERABLE COMMUNICATIONS.
(a) Finding.--The Congress finds that--
(1) many first responders working in the same jurisdiction or
in different jurisdictions cannot effectively and efficiently
communicate with one another, and
(2) their inability to do so threatens the public's safety
and may result in unnecessary loss of lives and property.
(b) Sense of Congress.--It is the sense of the Congress that it is of
national importance that interoperable emergency communications systems
that to the extent possible meet national voluntary consensus standards
should be developed and promulgated as soon as practicable for use by
the first responder community.
SEC. 8. SENSE OF CONGRESS REGARDING CITIZEN CORPS COUNCILS.
(a) Finding.--The Congress finds that Citizen Corps councils help to
enhance local citizen participation in terrorism preparedness by
coordinating multiple Citizen Corps programs, developing community
action plans, assessing possible threats, and identifying local
resources.
(b) Sense of Congress.--It is the sense of the Congress that
individual Citizen Corps councils should seek to enhance the
preparedness and response capabilities of all organizations
participating in the councils, including by providing funding to as
many of their participating organizations as practicable to promote
local terrorism preparedness programs.
SEC. 9. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.
(a) Study.--The Secretary of Homeland Security, in consultation with
the heads of other appropriate Federal agencies and representatives of
providers and participants in the telecommunications industry, shall
conduct a study to determine whether it is cost-effective, efficient,
or feasible to establish and implement an emergency telephonic alert
notification system that will--
(1) alert persons in the United States of imminent or current
hazardous events caused by acts of terrorism; and
(2) provide information to individuals regarding appropriate
measures that may be undertaken to alleviate or minimize
threats to their safety and welfare posed by such events.
(b) Technologies to Consider.--In conducting the study, the Secretary
shall consider the use of the telephone, wireless communications, and
other existing communications networks to provide such notification.
(c) Report.--Not later than 9 months after the date of the enactment
of this Act, the Secretary shall submit to the Congress a report
regarding the conclusions of the study.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
For making covered grants (as that term is defined in section 1807 of
the Homeland Security Act of 2002, as amended by this Act) there is
authorized to be appropriated to the Secretary of Homeland Security
$3,400,000,000 for fiscal year 2006.
Purpose and Summary
H.R. 3266, the Faster and Smarter Funding for First
Responders Act of 2004, would reform the manner in which the
Department of Homeland Security (DHS) issues grants to enhance
the ability of States, local governments, and first responders
to prevent, prepare for, mitigate, and respond to acts of
terrorism. The bill does not create a new terrorism
preparedness grant program. Rather, it directs the Secretary of
DHS to establish ``essential capabilities'' that different
types of communities should obtain in order to prepare for
potential terrorist acts, improves the grant process by
streamlining and speeding the delivery of Federal grant
assistance for first responders to build these essential
capabilities in a measurable fashion, and establishes a
consolidated structure for evaluating and prioritizing grant
applications based on the degree to which they would lessen the
threat to, vulnerability of, and consequences for persons and
critical infrastructure sectors in the event of a terrorist
attack.
Background and Need for Legislation
The need for legislative reform of the current terrorism
preparedness grant funding process is obvious. Since 2001, and
including the President's budget request for fiscal year 2005,
roughly $11 billion has been, or will be, appropriated to DHS
for distribution to State and local governments for terrorism
preparedness. Of this amount, almost $9 billion either remains
in, or has yet to be put into, the terrorism preparedness grant
program pipeline, and has not been expended yet at the State or
local level. Reasons for this bottleneck include the lack of
advance planning by State and local governments for use of
these monies, the lack of specific guidance--or, as described
in H.R. 3266, ``essential capabilities''--to assist in
formulating procurement and resource allocation priorities, and
confusion at all levels of government regarding grant
requirements, timelines, use of funds, and DHS application and
obligation procedures. Moreover, DHS terrorism preparedness
grant funds currently are allocated to each State based on
rigid and arbitrary formulas that were established immediately
after September 11, 2001. Such allocations--which direct funds
to States regardless of risk or need--hamper our efforts to
ensure that our Nation's highest security priorities are
addressed in a timely manner. H.R. 3266 eliminates these
arbitrary formulas and requires that the Secretary allocate
terrorism preparedness grants to States and qualifying regions
based on a comprehensive risk analysis.
In addition, several independent analyses have noted that
establishing national goals or benchmarks for appropriate
levels of preparedness is a critical first step toward
determining the nature and extent of additional requirements
and the human and financial resources needed to fulfill them.
By requiring the Secretary to establish essential capabilities
for terrorism preparedness, H.R. 3266 also addresses the need
to build State and local capabilities based upon measurable
objectives.
The Committee notes that it is important to put the need
for these reforms into their broader context. Arming our first
responders with the best technologies, equipment, and training
to react in the event of a catastrophic terrorist attack is
vital for protection of the Nation. Terrorism preparedness
grants for first responders must be allocated quickly to where
the risk is greatest. But our top priority must, above all, be
to prevent the attacks that would require our first responders
to act. The Committee has stressed this overriding objective
throughout its activities.
Good intelligence on the threat posed by foreign and
domestic terrorists can help prevent or deter attacks.
Provisions in this bill that allow grant funds to be used to
establish or enhance mechanisms for sharing terrorism threat
information will assist first responders in preventing,
disrupting, or deterring potential terrorist attacks. Any of
these results is far preferable to having our police officers,
firefighters, and emergency medical personnel put their lives
in danger in responding to a terrorist attack.
Since the attacks of September 11, 2001, the Nation has
bolstered its terrorism response capabilities. This bill will
contribute significantly to that ongoing effort. The Nation
must continue to strengthen its defenses, including the
capabilities of our law enforcement and intelligence
communities, understanding that the key to effective response
will often be enhanced awareness and preparedness. Balancing
resources allocated to each of those purposes will be essential
to protecting the American people and territory--our homeland--
for the foreseeable future.
This bill draws on the analytic resources of the DHS
Directorate of Information Analysis and Infrastructure
Preparedness (IAIP) to inform and help prioritize the provision
of terrorism preparedness grant support for the Nation's first
responders. In this context, as in all others, the Committee
stresses the importance it attaches to bringing the IAIP
Directorate, especially its employed analytic cadre, to its
full, statutorily-authorized end strength as quickly as
possible. Resources expended in that effort are likely to
contribute directly to reducing the chances that our first
responders will again be put at risk while responding to
another catastrophic attack.
Hearings and Briefings
On July 17, 2003, the Full Committee held an oversight
hearing on First Responders: How States, Localities, and the
Federal Government Are Working Together to Make America Safer.
Testimony was received from The Honorable Mitt Romney,
Governor, Commonwealth of Massachusetts; Jamie F. Metzl, Senior
Fellow and Coordinator for Homeland Security Programs, Council
on Foreign Relations; George Jaramillo, Assistant Sheriff,
Orange County, California Sheriff's Department; Michael
Grossman, Captain, Los Angeles County Sheriff's Department; and
Ray Kiernan, Fire Commissioner and Chief of New Rochelle Fire
Department & Member of Westchester Career Fire Chiefs and
Northeast Fire Consortium, New Rochelle Fire Department, New
Rochelle, New York.
On Wednesday, October 15, 2003, the Subcommittee on
Emergency Preparedness and Response and the Subcommittee on
Cybersecurity, Science, and Research & Development received a
joint briefing on Communications Technology and
Interoperability: Can Science and Technology Help Overcome
Communications Obstacles for First Responders. Members of the
Committee were briefed by David Boyd, Ph.D., Deputy Director,
Research and Development, Director, SAFECOM Program Office,
Department of Homeland Security; Mr. Gary Grub, Chief
Technology Officer, Motorola, Inc.; and Mr. Edward Flynn,
Secretary of Public Safety, State of Massachusetts. The
Committee examined the technological limitations of
communications systems, possible solutions to interoperability,
and governmental requirements to create an effective first
responder notification system.
On Thursday, October 16, 2003, the Subcommittee on
Emergency Preparedness and Response held a legislative hearing
on H.R. 3266. Testimony was received from The Honorable James
A. Garner, Mayor of Hempstead, New York, President, The United
States Conference of Mayors; Col. Randy Larsen (Ret.), Founder
and CEO, Homeland Security Associates, Former Director,
Institute of Homeland Security, Former Chairman of Military
Department at the National War College; and Mr. Robert Latham,
Director, Mississippi Emergency Management Agency.
On Tuesday, October 21, 2003, the Full Committee held an
oversight hearing on Funding for First Responders: Ensuring
That Federal Funds Are Distributed Intelligently. This hearing
focused on reforming the current system of allocating federal
funds to first responders. Testimony was received from The
Honorable John G. Rowland, Governor, State of Connecticut; Mr.
John D. Cohen, Special Assistant to the Secretary of Public
Safety, Commonwealth of Massachusetts; Mr. Ray A. Nelson,
Executive Director, Office for Security Coordination,
Commonwealth of Kentucky; and Lt. Col. Scott Behunin, Director,
Division of Emergency Service & Homeland Security, State of
Utah who Testified on Behalf of the National Emergency
Management Association.
Committee Consideration
H.R. 3266 was introduced by Mr. Cox on October 8, 2003, and
referred to the Select Committee on Homeland Security, and in
addition to the Committee on Transportation and Infrastructure,
the Committee on the Judiciary, and the Committee on Energy and
Commerce. Within the Select Committee on Homeland Security,
H.R. 3266 was referred to the Subcommittee on Emergency
Preparedness and Response on October 14, 2003.
The Subcommittee on Emergency Preparedness and Response
held a hearing on H.R. 3266 on October 16, 2003.
On Wednesday, November 20, 2003, the Subcommittee on
Emergency Preparedness and Response met in open markup session
and forwarded H.R. 3266, amended, to the Full Committee for
consideration by Voice Vote.
On Thursday, March 18, 2004, the Full Committee met in open
markup session and ordered H.R. 3266 favorably reported to the
House of Representatives, amended, by a record vote of 37 yeas
and 0 nays (Record Vote No. 10.)
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
H.R. 3266, to authorize the Secretary of Homeland Security
to make grants to first responders, and for other purposes; was
ordered favorably reported to the House, amended, by a recorded
vote of 37 yeas and 0 nays, as follows:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Ms.
Dunn (#1), was agreed to, as amended, by Voice Vote.
An amendment offered by Ms. Sanchez to the Amendment in the
Nature of a Substitute offered by Ms. Dunn (#1A), Page 29,
after line 24, insert a new Section 1404A entitled
``Distribution of 50 Percent of Grant Funds to Local Entities''
was withdrawn.
An amendment offered by Ms. Jackson-Lee to the Amendment in
the Nature of a Substitute offered by Ms. Dunn (#1B), Page 15,
after line 10, insert a new subsection (1) ``Public Comment.''
was withdrawn.
An amendment offered by Ms. Jackson-Lee to the Amendment in
the Nature of a Substitute offered by Ms. Dunn (#1C), Page 18,
after line 22, insert a new subsection (3)(E), relating to
members of the Task Force, was withdrawn by Unanimous Consent.
An amendment offered by Mrs. Lowey to the Amendment in the
Nature of a Substitute offered by Ms. Dunn (#1D), Page 51,
before line 1, insert a new Section 5 entitled ``Homeland
Security Advisory System Response Grants'' was not agreed to by
a Record Vote of 19 yeas and 24 nays (Record Vote No. 9), as
follows:
An amendment offered by Mr. Meek to the Amendment in the
Nature of a Substitute offered by Ms. Dunn (#1E), to add at the
end a new section entitled ``Study Regarding Nationwide
Emergency Notification System'' was agreed to by Voice Vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
Statement of General Performance Goals and Objectives
H.R. 3266, the Faster and Smarter Funding for First
Responders Act of 2004, is intended: (1) to reform the manner
in which the Department of Homeland Security (DHS) issues
grants to enhance the ability of States, local governments, and
first responders to prevent, prepare for, mitigate, and respond
to acts of terrorism; (2) to direct the Secretary of DHS to
establish ``essential capabilities'' that different types of
communities should obtain in order to prepare for potential
terrorist acts; (3) to improve the grant process by
streamlining and speeding the delivery of Federal grant
assistance for first responders to build these essential
capabilities in a measurable fashion; and (4) to establish a
consolidated structure for evaluating and prioritizing grant
applications based on the degree to which they would lessen the
threat to, vulnerability of, and consequences for persons and
critical infrastructure sectors in the event of a terrorist
attack.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3266, the Faster and Smarter Funding for First Responders Act
of 2004, would result in increased budget authority,
entitlement authority, or tax expenditures or revenues for
fiscal year 2006. This bill does not provide new budgetary
authority or increased tax expenditures for fiscal year 2005.
Rather, section 9 of the bill authorizes $3.4 billion to be
appropriated to the Secretary for making covered grants for
fiscal year 2006.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 30, 2004.
Hon. Christopher Cox,
Chairman, Select Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3266, the Faster
and Smarter Funding for First Responders Act of 2004.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julie
Middleton.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 3266--Faster and Smarter Funding for First Responders Act of 2004
Summary: H.R. 3266 would authorize the Secretary of the
Department of Homeland Security (DHS) to change the criteria
used to distribute funding for two existing first responder
grant programs established after September 11, 2001--the State
Homeland Security and the Urban Area Security Initiative grant
programs. In addition, this bill would authorize the
appropriation of $3.4 billion in 2006 for first responder
grants. Assuming appropriation of the authorized amount, CBO
estimates that implementing H.R. 3266 would cost $3 billion
over the 2005-2009 period and an additional $400 million after
2009. Enacting H.R. 3266 would not affect direct spending or
revenues.
H.R. 3266 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Assuming the authorized amount is fully appropriated, the bill
would increase funding for existing aid programs while changing
conditions for receiving those funds; any costs incurred by
state, local, or tribal governments would be voluntary.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3266 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--
--------------------------------------------
2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization level................................................ * 3,400 0 0 0
Estimated outlays.................................................. * 510 1,020 918 578
----------------------------------------------------------------------------------------------------------------
Note.--* = costs of less than $500,000 for administrative changes that would be made by the bill.
Basis of estimate: Almost $10 billion has been appropriated
for first responder grants since fiscal year 2003, including
about $3 billion in fiscal year 2004. The Office of Domestic
Preparedness (within DHS) derives its primary authority to
distribute grants to states and localities to prepare and
respond to terrorism from the USA Patriot Act (Public Law 107-
56). That law authorized the appropriation of such sums as
necessary for first responder grants through fiscal year 2007.
H.R. 3266 would replace this authorization of appropriations
with a one-year authorization of appropriations of $3.4 billion
in fiscal year 2006.
For this estimate, CBO assumes that H.R. 3266 will be
enacted before the end of fiscal year 2004 and that the
authorized amounts will be appropriated in 2006. For this
estimate, CBO assumes that states would need to update their
State Homeland Security Plans for approval by DHS to reflect
new grant requirements. After that update, we expect that
spending would follow historical spending patterns for existing
state and local grant programs for emergency management
activities. CBO estimates that implementing this bill would
cost about $3 billion over the 2006-2009 period and nearly $400
million after 2009.
Under the State Homeland Security grant program, DHS
distributes three-quarters of one percent of the amount
appropriated for the program to each state. The remaining funds
are distributed to states based on population. The Urban Area
Security Initiative grant program provides funding to high
threat areas of the country. Under H.R. 3266, DHS would
consolidate these two existing programs and distribute all of
the funding based on threats, vulnerabilities, and risk
assessments for each state and locality. H.R. 3266 also would
require states to disburse grant money to local governments
within 45 days of receiving funds from the federal government
or states would face penalties as well as pay 25 percent of the
total cost of the grant activities.
Intergovernmental and private-sector impact: H.R. 3266
contains no intergovernmental or private-sector mandates as
defined in UMRA but would make several changes to existing
grant programs. First, it would consolidate at least two
current programs--the State Homeland Security Grant and the
Urban Area Security Initiative--and authorize the appropriation
of $3.4 billion in fiscal year 2006. Second, it would change
how those funds are allocated. While some states would receive
less funding than in previous years and others would receive
more, assuming authorized funds are fully appropriated, total
funding would increase. This bill also would expand eligible
activities to include covering the costs of additional
personnel during heightened threat alerts and training
activities.
This bill also would authorize DHS to transfer funds
directly to the local recipients, reduce the portion of the
grant retained by the state, or impose additional restrictions
if states fail to provide funds to local first responders in a
timely manner. According to the grant requirements, states
would be required to certify that they have provided 80 percent
of the funds within 45 days of receipt. Funds that states may
lose would be allocated to local jurisdictions. Any costs
incurred by state, local, or tribal governments as a result of
those changes to the grant programs would be voluntary.
Other provisions of the bill would require DHS to create,
with input from local first responders and trade
representatives, voluntary standards for equipment and training
for first responders. The bill also would require DHS to revise
the Homeland Security Advisory System to include geographic and
economic sector designations.
Previous CBO estimates: On July 16, 2003, CBO transmitted a
cost estimate for S. 1245, the Homeland Security Grant
Enhancement Act of 2003, as ordered reported by the Senate
Committee on Governmental Affairs on June 17, 2003. On
September 9, 2003, CBO transmitted a cost estimate for S. 930,
the Emergency Preparedness and Response Act of 2003, as ordered
reported by the Senate Committee on Environment and Public
Works on July 30, 2003. Both bills would authorize the
appropriation of different grant amounts for first responders.
S. 930 also would authorize grants for urban search and rescue
task forces.
Estimate prepared by: Federal Costs: Julie Middleton.
Impact on State, Local, and Tribal Governments: Melissa
Merrell. Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
The Federal Advisory Committee Act (5 U.S.C. App.),
including subsections (a), (b), and (d) of section 10 of that
Act, and section 552b(c) of title 5, U.S.C., will apply to the
Task Force on Essential Capabilities for First Responders.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 1, which grants Congress the power
to provide for the common defense of the United States.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title and Table of Contents
This section cites measure as ``Faster and Smarter Funding
for First Responders Act of 2004.''
Section 2. Findings
Section 3. Faster and Smarter Funding for First Responders
This section amends the Homeland Security Act of 2002 by
adding at the end a new Title XVIII, including Sections 1801-
1807 as follows:
Section 1801--Faster and Smarter Funding for First Responders
Subsection (a) of this section states that the provisions
of new Title XVIII apply only to those grants that the
Department of Homeland Security (DHS) provides to States or
regions to improve the ability of first responders to prevent,
prepare for, respond to, or mitigate threatened or actual
terrorist attacks, especially those involving weapons of mass
destruction. Specifically, such terrorism preparedness grants
include, but are not limited to, the DHS State Homeland
Security Grant Program and the Urban Area Security Initiative.
Subsection (b) expressly excludes from coverage of this
title all non-DHS Federal grants, as well as the DHS
firefighter assistance grants and the emergency management
planning and assistance grants.
The Committee notes that it has not specifically addressed
port security grants in relation to the grant programs covered
by this bill. The Committee is aware that, in the President's
fiscal year 2005 budget proposal, DHS has requested $46 million
for Port Security Grants under the Urban Area Security
Initiative, to be administered by the Office for Domestic
Preparedness (ODP). According to DHS, the purpose of this
program is to ``assist in the protection and enhanced security
of critical infrastructure sites. Funding is being provided to
state and local government entities and to commercial companies
to enhance security at selected high threat ports in the
country and certain Liberty Shield port areas.''
To the extent that such port security funds are awarded to
States or regions (as defined in H.R. 3266) as part of the
terrorism preparedness grants covered by this bill, the
Committee expects that DHS will award such funds consistent
with the requirements of this Act. If DHS develops alternative
mechanisms to provide funding for port security efforts, such
as through direct grants to ports or facilities under a
separate grant-making process or grants to support the
implementation of the Maritime Transportation Security Act of
2002, then the requirements of H.R. 3266 would not apply to
such awards.
Section 1802--Essential Capabilities for First Responders
This section requires the Secretary of the Department of
Homeland Security (Secretary) to establish specific, flexible,
and measurable ``essential capabilities'' for state and local
government terrorism preparedness. Essential capabilities, as
defined in the bill, mean ``the levels, availability, and
competence of emergency personnel, planning, training, and
equipment across a variety of disciplines needed to effectively
and efficiently prevent, prepare for, and respond to acts of
terrorism consistent with established practices.'' For example,
the presence of a large chemical plant in a densely-populated
community may require specialized response planning and
equipment and an appropriate level of training for first
responders to respond effectively to a terrorist incident at
the chemical plant and to minimize the harm such an incident
could cause. The establishment of essential capabilities for
terrorism preparedness will assist a community in making the
determination of what planning, training, equipment, and other
capabilities it requires to respond effectively to the specific
risks that it faces.
The Secretary is to establish such capabilities in
consultation with, among others, the Task Force on Essential
Capabilities for First Responders (as established in Section
1803), the DHS Under Secretaries for Emergency Preparedness &
Response (EP&R), Border and Transportation Security (BTS),
Information Analysis and Infrastructure Protection (IAIP), and
Science and Technology (S&T), and the Director of ODP. The
Secretary also is required to review and update these essential
capabilities as necessary or, at least, every three years.
In order to address the wide variety of threats and
vulnerabilities faced by communities throughout the Nation, the
Secretary is required to establish essential capabilities in a
manner that will allow different types of communities to
determine what essential capabilities they require, and how the
attainment of these capabilities should be prioritized.
Further, to assist these communities, the Task Force on
Essential Capabilities for First Responders is required to
develop a methodology by which a state or local government will
be able to determine the extent to which it possesses or has
access to the essential capabilities that states and local
governments having similar risks should obtain.
Specifically, in establishing essential capabilities, the
bill directs the Secretary to consider the variables of threat,
vulnerability, and consequences with respect to the Nation's
population (including transient commuting and tourist
populations) and critical infrastructure sectors, based on the
most current risk assessment available by the IAIP Directorate.
There are numerous critical infrastructure sectors. The
Secretary, however, must consider at least thirteen (13) of
them as potential terrorist targets. These 13, which correspond
to those contained in the President's National Strategy for
Homeland Security, encompass a large number of critical
infrastructure sectors, including agriculture, food, banking
and finance, energy, public health, government, transportation,
and water. The Committee notes that these sectors are broad
categories, within which there are many distinct components.
For example, the transportation sector includes mass transit,
aviation, maritime, ground/surface, and rail systems.
The purpose of incorporating such a variety of critical
infrastructure sectors into H.R. 3266is not to mandate, or
otherwise require, the Secretary to develop first responder programs
for each such sector. Rather, it is to ensure that the Secretary
considers the different types of threats and vulnerabilities relating
to all of the Nation's critical infrastructures when determining the
proper allocation of terrorism preparedness grants for first
responders. For example, the inclusion of sectors such as agriculture
and food, which are primarily located or originate in rural
communities, should ensure that such communities are not overlooked by
the Secretary and avoid a situation in which the Department's first
responder resources are allocated solely to urban areas.
The Committee also recognizes that port facilities are a
component of the Nation's critical infrastructure, and that
these facilities present significant terrorism preparedness
challenges to state and local governments and first responders.
In establishing essential capabilities for first responders and
the other planning and evaluation processes required by this
bill, the Committee expects DHS and grantees to consider the
need to prepare for acts of terrorism at port facilities, and
the need to include port facilities in state homeland security
planning efforts.
Finally, the Committee notes that there is a category of
private, not-for-profit institutions, as described in section
501(c)(3) of the Internal Revenue Code of 1986, which provides
services that are at high risk of being the target of terrorist
attacks. The Committee recommends that in their state homeland
security planning efforts, States should specifically consider
the threat to such institutions as part of their vulnerability
and threat assessments.
Section 1803--Task Force on Essential Capabilities for First Responders
This section requires that the Secretary of DHS establish a
twenty-five (25) member advisory body to be known as the Task
Force on Essential Capabilities for First Responders (Task
Force), for the purpose of assisting the Secretary in the
development of essential capabilities under Section 1802. The
Secretary appoints the Task Force's members, which will include
a cross section of first responder disciplines, as well as
state and local government officials. The Task Force must
submit for the Secretary's consideration a draft report within
one year of its establishment, and every three years
thereafter, on recommended essential capabilities for different
types of communities, based on the threats and vulnerabilities
faced by such types of communities. Task Force members may
serve for up to two complete report cycles.
Among other things, the Task Force's draft report must
include a priority ranking of essential capabilities and a
methodology by which a state or local government can determine
whether it has achieved or obtained these essential
capabilities. The Task Force not only must specifically
consider threats to critical infrastructure sectors, but it
also must specifically consider the types of threats, such as
biological, nuclear, or cyber. Further, the Task Force has been
granted access to all tools and methodologies used by DHS to
assess the preparedness capabilities of state and local
governments, as well as access to all finished intelligence and
analytic products of the IAIP Directorate concerning the nature
of terrorist attacks against the United States for those
members possessing valid security clearances.
Section 1804--Grant Eligibility and Criteria
This section provides that both States and regions may
apply for covered grants. The Committee notes that, although
States will continue to play a central role in homeland
security planning and coordinating grant fund distribution to
first responders at the local level, H.R. 3266 ensures that the
unique preparedness needs of regions can be addressed by the
Secretary through direct grants. For purposes of the grant
application process, only certain geographic areas will qualify
as regions, as defined in H.R. 3266. The Committee expects that
most regions will probably consist of either multi-state or
metropolitan jurisdictions.
H.R. 3266 recognizes the primary role of States in the
Nation's terrorism preparedness efforts. Accordingly, to be
eligible for a covered grant, a region must file an application
that is consistent with the applicable state homeland security
plan of each State of which any part is included in the region.
Further, a regional applicant must submit simultaneously its
application to both DHS and to each such State. The Secretary,
prior to awarding a grant to a region, is required to give any
relevant State thirty (30) days to comment on the application's
consistency, or lack thereof, with its homeland security plan.
Applications must adhere to the following requirements. A
state applicant must include in its application at a minimum:
(1) the purpose for which such funds are being sought and the
reasons why such funds are needed to meet essential
capabilities; (2) a description of how, by reference to its
applicable state homeland security plan, the allocation of such
funds would assist it in fulfilling its state plan; (3) a
statement whether a mutual aid agreement is applicable; (4) a
capital budget; and (5) a statement on how the applicant
intends to meet the matching requirement. To be eligible, a
state applicant also must submit, and have approved, a three-
year state homeland security plan tied to the achievement of
the established essential capabilities.
If the applicant is a region, the region's application must
include the information required to be submitted by a State as
described above, as well as: (1) a description of the region
and a specification of all participating and non-participating
local governments within it; (2) an explanation of which
governmental entity will administer the funds; and (3) the
designation of a regional liaison. To be eligible, a regional
applicant must file an application that supplements, supports,
and is consistent with the applicable state homeland security
plan of each State of which any part is included in the region.
To assist the Secretary in making awards of covered grants,
this section also creates the First Responder Grant Board
(Grant Board). The Grant Board, which will be chaired by the
Secretary (or Deputy Secretary), shall be responsible for
evaluating and prioritizing all covered grant applications,
based upon the degree to which they would lessen the threat,
vulnerability, and consequences of a terrorist attack to
persons and critical infrastructure. The Board also must seek
to achieve nationwide essential capabilities, and must seek to
allocate a portion of the funds available for covered grants
each year to every approved applicant that has demonstrated a
valid need. Members of the Grant Board will consist of the
Secretary, the DHS Under Secretaries for EP&R, BTS, IAIP, and
S&T, and the Director of ODP.
Section 1805--Use of Funds and Accountability Requirements
According to testimony before the Committee by DHS
Secretary Ridge, almost $9 billion either remains in, or has
yet to be put into, the terrorism preparedness grant program
pipeline, and has not been expended yet at the state or local
level. The lack of advance planning by state and local
governments for use of these monies, the lack of specific
guidance--or, as described in H.R. 3266, essential
capabilities--to assist in formulating procurement and resource
allocation priorities, and confusion at all levels of
government regarding grant requirements, timelines, use of
funds, and DHS application and obligation procedures each has
contributed to the bottleneck in state and local spending for
terrorism preparedness. This section sets out definitive uses
of grant funds, and establishes specific timelines for the
expenditure of grant funds, along with reporting requirements
for DHS and both state and regional grant recipients.
This section provides that a covered grant may be used for
appropriate activities as determined by the Secretary of DHS,
including specifically the following: purchasing and upgrading
of equipment (including computer software); exercises and
training; developing or updating response plans; establishing
or enhancing mechanisms for information sharing; systems
architecture and engineering, program planning and management,
and product evaluation; personnel costs directly attributable
to elevations in the threat alert level of the Homeland
Security Advisory System; classified information receipt and
storage costs; upgrading operation centers and hardening
critical infrastructures; costs associated with the purchase of
commercially available equipment that complies with national
voluntary consensus standards and that facilitates
interoperability of emergency communications; developing
educational curricula for first responders to ensure their
preparedness for terrorist attacks; and training and exercises
to assist public elementary andsecondary schools develop
terrorism preparedness programs.
A covered grant, however, may not be used: to supplant
state or local funds for, or otherwise support, traditional
missions of State and local law enforcement, firefighters,
emergency medical services, or public health agencies (unless
such support serves a dual purpose and the funds are primarily
intended to enhance terrorism preparedness); to construct
buildings or other physical facilities; to acquire land; or to
alleviate any state or local government cost sharing
contribution.
This section also requires that state recipients of covered
grants pass-through eighty (80) percent of their funds to local
governments, first responders, and other local groups not later
than forty-five (45) days after their receipt of such funds.
State recipients that fail to pass-through these funds may face
reduced payments, termination of payments, or other
restrictions. Further, upon a specific and detailed showing,
the Secretary has authority to re-direct a portion of a
delinquent State's grant amount to a local government directly.
This section requires that, two years following the enactment
of this legislation, all grant recipients--both States and
regions--must contribute, or match, at least twenty five (25)
percent of the cost of the activities carried out with covered
grants. This matching requirement may be satisfied with in-kind
contributions of goods or services.
Further, this section requires annual reports to the
Secretary by each recipient describing the use of covered grant
funds, the achievement of essential capabilities, and remaining
needs. It also requires an annual report from the Secretary to
the Congress containing nationwide and state-by-state analyses
of progress in achieving preparedness levels.
Section 1806--National Standards for First Responder Equipment and
Training
This section adds to the Homeland Security Act of 2002
provisions requiring the Secretary to develop, promulgate, and
update as necessary national voluntary consensus standards for
first responder equipment and training. With regard to
equipment, the standards for the performance, use, and
validation should be focused on maximizing interoperability,
interchangeability, durability, flexibility, efficiency,
portability, and safety. Applicants who seek to purchase or
upgrade equipment with covered grants must either buy items
that meet these standards or explain why non-standard items
will be superior.
The Committee stresses the importance of developing
national voluntary consensus standards that are dynamic, and
that will encourage a wide variety of creative, private sector-
generated solutions to homeland security challenges.
Appropriate national voluntary consensus standards will help
private sector entities identify potential markets and their
characteristics. To the extent that they do, they can serve as
an indirect stimulus to economic growth, while ensuring that
first responders get the equipment and training most likely to
help them prevent, prepare for, respond to, and mitigate the
effects of a terrorist attack.
In addition to the organizations identified in Section
1806(c), the Committee is aware of numerous private and non-
profit organizations working with state and local governments
to implement first responder equipment and training standards.
The DHS Secretary should consult with as many of these
organizations as practicable in the development of the national
voluntary consensus standards.
Section 1807--Definitions
Among other definitions, the term ``region'' is defined to
include only those geographic areas consisting of two or more
states or local governments that have a combined population of
1,650,000 or have an area of not less than 20,000 square miles.
Regions also may be designated by the Secretary with the
consent of the State or States in which the local governments
that comprise the region are located.
H.R. 3266 also adopts the definition of ``emergency
response providers'' in section 2(6) of the Homeland Security
Act as the definition of ``first responder.'' The Committee
notes that the definition of ``emergency response providers''
in the Homeland Security Act includes a reference to ``related
personnel, agencies, and authorities.'' That definition is not,
therefore, limited to Federal, state, and local governmental
entities. The Committee believes and, for purposes of this bill
intends, that the ``related personnel'' language in the
definition of ``emergency response providers,'' incorporated
into the definition of ``first responder'' in this bill,
includes, among other persons and entities, non-governmental
organizations with assigned responsibilities under domestic
preparedness and response incident management plans.
Section 4. Modification of Homeland Security Advisory System
This section directs the Secretary to revise the Homeland
Security Advisory System (HSAS) to require that the designation
of a threat level or any other warning be issued to specific
geographical regions and economic sectors. The Secretary must
report annually to the Congress regarding the geographic
region-specific or economic-specific warnings issued during the
preceding fiscal year.
The Committee observes that, aside from revising the HSAS,
attention should be given to emerging technologies that will
prove critical to enhancing our notification and alert systems
to both the general public and first responders. New digital
broadcasting technology, for example, has the potential to
provide a secure, time-sensitive communication system for
Federal, state and local governments. Specifically, digital
broadcast signals may be used to transmit encrypted data to
government offices, law enforcement agencies, hospitals,
schools, businesses, and private residences. Since such signals
are transmitted wirelessly and in unique bands of spectrum,
downed telephone lines, clogged cellular services, and even
Internet hackers pose less of a risk of disruption to such
services during emergencies. Digital broadcasting also is
becoming ubiquitous. Public television stations nationwide are
in the process of converting to digital broadcast signals that,
when fully implemented, could reach ninety-nine (99) percent of
American households, according to some estimates. Thus, the
Committee encourages DHS to consider whether this technology
may be helpful in providing training and alerts for citizens
and first responders at the state and local levels, and in
supplementing emergency alert systems.
Section 5. Coordination of Industry Efforts
This section adds to the duties of the Special Assistant to
the Secretary for private sector liaison the responsibility to
coordinate industry efforts to identify private sector
resources that could effectively supplement Federal, state, and
local government efforts to prevent or respond to terrorist
attacks.
Section 6. Superseded Provision
This section provides that this Act supersedes section 1014
of the USA PATRIOT Act (Public Law 107-56) (dealing with
allocation of terrorism grant funds).
Section 7. Sense of Congress Regarding Interoperable Communications
This section states that it is the Sense of the Congress
that interoperable emergency communications systems that meet
national voluntary consensus standards should be developed and
promulgated as soon as practicable for use by first responders.
The Committee also recognizes that it is of vital
importance that the first responder community and public safety
entities, to the greatest extent possible and as soon as
practicable, have interoperable voice and data communication
systems and that spectrum allocation and management be improved
to assist in achieving this result.
Section 8. Sense of Congress Regarding Citizen Corps Councils
This section states that it is the Sense of the Congress
that individual Citizen Corps Councils should seek to enhance
and promote local terrorism preparedness programs by providing
funding to as many of their participating local organizations
as practicable.
Section 9. Authorization of Appropriations
This section authorizes to be appropriated to the Secretary
for making covered grants the amount of $3.4 billion for fiscal
year 2006.
Section 10. Study Regarding Nationwide Emergency Notification System
This section directs the Secretary, in consultation with
other appropriate Federal agencies, to conduct a study to
determine whether it would be cost-effective, efficient, or
feasible to establish and implement an emergency telephonic
alert notification system.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Directorate for Information Analysis and Infrastructure
Protection; Access to Information
* * * * * * *
203. Homeland Security Advisory System.
* * * * * * *
TITLE XVIII--FUNDING FOR FIRST RESPONDERS
1801. Faster and smarter funding for first responders.
1802. Essential capabilities for first responders.
1803. Task Force on Essential Capabilities for First Responders.
1804. Covered grant eligibility and criteria.
1805. Use of funds and accountability requirements.
1806. National standards for first responder equipment and training.
1807. Definitions.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) * * *
* * * * * * *
(6) The term ``emergency response providers''
includes Federal, State, and local emergency public
safety, law enforcement, fire, emergency response,
emergency medical (including hospital emergency
facilities), and related personnel, agencies, and
authorities.
* * * * * * *
TITLE I--DEPARTMENT OF HOMELAND SECURITY
* * * * * * *
SEC. 102. SECRETARY; FUNCTIONS.
(a) * * *
* * * * * * *
(f) Special Assistant to the Secretary.--The Secretary shall
appoint a Special Assistant to the Secretary who shall be
responsible for--
(1) * * *
* * * * * * *
(6) promoting existing public-private partnerships
and developing new public-private partnerships to
provide for collaboration and mutual support to address
homeland security challenges; [and]
(7) assisting in the development and promotion of
private sector best practices to secure critical
infrastructure[.]; and
(8) coordinating industry efforts to identify private
sector resources and capabilities that could be
effective in supplementing Federal, State, and local
government agency efforts to prevent or respond to a
terrorist attack.
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Directorate for Information Analysis and Infrastructure
Protection; Access to Information
* * * * * * *
SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
(a) In General.--The Secretary shall revise the Homeland
Security Advisory System referred to in section 201(d)(7) to
require that any designation of a threat level or other warning
shall be accompanied by a designation of the geographic regions
or economic sectors to which the designation applies.
(b) Reports.--The Secretary shall report to the Congress
annually by not later than December 31 each year regarding the
geographic region-specific warnings and economic sector-
specific warnings issued during the preceding fiscal year under
the Homeland Security Advisory System referred to in section
201(d)(7), and the bases for such warnings. The report shall be
submitted in unclassified form and may, as necessary, include a
classified annex.
* * * * * * *
TITLE XVIII--FUNDING FOR FIRST RESPONDERS
SEC. 1801. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
(a) Covered Grants.--This title applies to any grant provided
by the Department to States or regions to improve the ability
of first responders to prevent, prepare for, respond to, or
mitigate threatened or actual terrorist attacks, especially
those involving weapons of mass destruction, and including any
grant under the following:
(1) State homeland security grant program.--The State
Homeland Security Grant Program of the Department, or
any successor to such grant program.
(2) Urban area security initiative.--The Urban Area
Security Initiative of the Department, or any successor
to such grant program.
(b) Excluded Programs.--This title does not apply to or
otherwise affect the following Federal grant programs or any
grant under such a program:
(1) Nondepartment programs.--Any Federal grant
program that is not administered by the Department.
(2) Fire grant programs.--The fire grant programs
authorized by sections 33 and 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229,
2229a).
(3) Emergency management planning and assistance
account grants.--The Emergency Management Performance
Grant program and the Urban Search and Rescue Grants
program authorized by title VI of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5195 et seq.); the Departments of Veterans
Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2000 (113
Stat. 1047 et seq.); and the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.).
SEC. 1802. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.
(a) Establishment of Essential Capabilities.--
(1) In general.--The Secretary shall establish
clearly defined essential capabilities for State and
local government preparedness for terrorism, in
consultation with--
(A) the Task Force on Essential Capabilities
for First Responders established under section
1803;
(B) the Under Secretaries for Emergency
Preparedness and Response, Border and
Transportation Security, Information Analysis
and Infrastructure Protection, and Science and
Technology, and the Director of the Office for
Domestic Preparedness;
(C) other appropriate Federal agencies;
(D) State and local first responder agencies
and officials; and
(E) groups responsible for setting standards
relevant to the first responder community.
(2) Deadlines.--The Secretary shall--
(A) establish essential capabilities under
paragraph (1) within 30 days after receipt of
the initial submission of a final report under
section 1803(c)(2); and
(B) regularly update such essential
capabilities as necessary, but not less than
every 3 years.
(3) Provision of essential capabilities.--The
Secretary shall ensure that essential capabilities
established under paragraph (1) are provided promptly
to the States and to the Congress. The States shall
make the essential capabilities available as necessary
and appropriate to local governments within their
jurisdictions.
(b) Objectives.--The Secretary shall ensure that essential
capabilities established under subsection (a)(1) meet the
following objectives:
(1) Specificity.--The determination of essential
capabilities specifically shall describe the training,
planning, personnel, and equipment that different types
of communities in the Nation should possess, or to
which they should have access, in order to meet the
Department's goals for terrorism preparedness based
upon--
(A) the most current risk assessment
available by the Directorate for Information
Analysis and Infrastructure Protection of the
threats of terrorism against the United States;
and
(B) the types of threats, vulnerabilities,
geography, size, and other factors that the
Secretary has determined to be applicable to
each different type of community.
(2) Flexibility.--The establishment of essential
capabilities shall be sufficiently flexible to allow
State and local government officials to set priorities
based on particular needs, while reaching nationally
determined terrorism preparedness levels within a
specified time period.
(3) Measurability.--The establishment of essential
capabilities shall be designed to enable measurement of
progress towards specific terrorism preparedness goals.
(c) Threats to Be Considered.--
(1) In general.--In establishing essential
capabilities under subsection (a)(1), the Secretary
specifically shall consider the variables of threat,
vulnerability, and consequences with respect to the
Nation's population (including transient commuting and
tourist populations) and critical infrastructure. Such
consideration shall be based upon the most current risk
assessment available by the Directorate for Information
Analysis and Infrastructure Protection of the threats
of terrorism against the United States.
(2) Critical infrastructure sectors.--The Secretary
specifically shall consider threats of terrorism
against the following critical infrastructure sectors
in all areas of the Nation, urban and rural:
(A) Agriculture.
(B) Banking and finance.
(C) Chemical industries.
(D) The defense industrial base.
(E) Emergency services.
(F) Energy.
(G) Food.
(H) Government.
(I) Postal and shipping.
(J) Public health.
(K) Information and telecommunications
networks.
(L) Transportation.
(M) Water.
The order in which the critical infrastructure sectors
are listed in this paragraph shall not be construed as
an order of priority for consideration of the
importance of such sectors.
(3) Consideration of additional threats.--In
establishing essential capabilities under subsection
(a)(1), the Secretary shall take into account any other
specific threat to a population (including a transient
commuting or tourist population) or critical
infrastructure sector that the Secretary has determined
to exist.
SEC. 1803. TASK FORCE ON ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.
(a) Establishment.--To assist the Secretary in establishing
essential capabilities under section 1802(a)(1), the Secretary
shall establish an advisory body to be known as the Task Force
on Essential Capabilities for First Responders not later than
60 days after the date of the enactment of this section.
(b) Draft Report.--
(1) In general.--The Task Force shall submit to the
Secretary, not later than one year after its
establishment by the Secretary under subsection (a) and
every 3 years thereafter, a draft report on its
recommendations for the essential capabilities all
State and local government first responders should
possess, or to which they should have access, to
enhance terrorism preparedness, including--
(A) to prevent a terrorist attack;
(B) to protect persons and critical
infrastructure against attack; and
(C) to enhance terrorism response and
mitigation capabilities if such an attack
occurs.
(2) Threats to be considered in determining essential
capabilities.--
(A) In general.--In reporting to the
Secretary on its recommendations for essential
capabilities, the Task Force specifically shall
consider the critical infrastructure sectors
described in section 1802(c)(2), and the
threats to populations in all areas of the
Nation, urban and rural, including the
following:
(i) Biological threats.
(ii) Nuclear threats.
(iii) Radiological threats.
(iv) Incendiary threats.
(v) Chemical threats.
(vi) Explosives.
(vii) Suicide bombers.
(viii) Cyber threats.
(ix) Any other threats based on
proximity to specific past acts of
terrorism or the known activity of any
terrorist group.
(B) No priority.--The order in which the
threats are listed in subparagraph (A) shall
not be construed as an order of priority for
consideration of the importance of such
threats.
(3) Risk-based.--The draft report shall be based upon
the most current risk assessment available by the
Directorate for Information Analysis and Infrastructure
Protection of the threats of terrorism against the
United States provided to the Task Force pursuant to
subsection (d).
(4) Contents.--The draft report shall--
(A) include a priority ranking of essential
capabilities, in order to provide guidance to
the Secretary and to the Congress on
determining the appropriate allocation of, and
funding levels for, first responder needs;
(B) set forth a methodology by which any
State or local government will be able to
determine the extent to which it possesses or
has access to the essential capabilities that
States and local governments having similar
risks should obtain;
(C) describe the availability of national
voluntary consensus standards, and whether
there is a need for new national voluntary
consensus standards, with respect to first
responder training and equipment;
(D) include such additional matters as the
Secretary may specify in order to further the
terrorism preparedness capabilities of first
responders; and
(E) include such revisions to the contents of
past reports as are necessary to take into
account changes in the most current risk
assessment available by the Directorate for
Information Analysis and Infrastructure
Protection or other relevant information as
determined by the Secretary.
(c) Review and Revision of Draft Report.--
(1) Review and comments.--Within 30 days after the
date of the submission of the draft report by the Task
Force under subsection (b), the Secretary shall review
and provide comments to the Task Force on the contents
of the draft report.
(2) Revision and submission of final report.--Within
30 days after receiving the Secretary's comments, the
Task Force shall--
(A) revise its draft report based on the
comments provided by the Secretary, and any
other comments it has solicited and received,
if the Task Force determines that such
revisions are appropriate; and
(B) submit the final report on essential
capabilities to the Secretary and to the
Congress.
(d) Task Force Access to Information.--
(1) Security clearances.--For purposes of carrying
out its responsibilities under this section, the Task
Force shall be provided as a matter of priority
appropriate security clearances, including interim
security clearances.
(2) Access to finished intelligence.--For purposes of
carrying out its responsibilities under this section,
the Task Force shall be provided access to all finished
intelligence and analytic products it may request from
the Directorate for Information Analysis and
Infrastructure Protection or other sources within the
Department concerning the nature and likelihood of
terrorist attacks on the territory of the United
States.
(3) Access to assessment tools.--For purposes of
carrying out its responsibilities under this section,
the Task Force shall be provided access to all tools or
methodologies currently or formerly used by the
Department and its predecessor organizations to assess
the preparedness capabilities of State and local
governments.
(4) Valid clearances.--Nothing in this section shall
be considered to authorize a member of the Task Force
to have access to classified information unless that
member possesses a valid clearance to receive such
information.
(e) Membership.--
(1) In general.--The Task Force shall consist of 25
members appointed by the Secretary, and shall--
(A) represent a cross section of first
responder disciplines; and
(B) include both State and local
representatives within each discipline.
(2) Term of members.--Each appointed member of the
Task Force shall serve for a term not to exceed 18
months. No individual may be appointed as a member of
the Task Force for more than 2 terms.
(3) Selection of members.--The Secretary shall
include in the membership of the Task Force--
(A) members selected from the emergency
response field, including firefighters and law
enforcement, hazardous materials response,
emergency medical services, and emergency
management personnel (including public works
personnel routinely engaged in emergency
response);
(B) health scientists, emergency and
inpatient medical providers, and public health
professionals, including experts in emergency
health care response to chemical, biological,
radiological, and nuclear terrorism, and
experts in providing mental health care during
emergency response operations;
(C) experts from Federal, State, and local
governments, and the private sector,
representing standards-setting organizations,
including representation from the voluntary
consensus codes and standards development
community, particularly those with expertise in
firefighting, law enforcement, and emergency
medical services delivery; and
(D) State and local officials with expertise
in terrorism preparedness, subject to the
condition that if any such officials are
elected officials, an equal number shall be
selected from each of the two major political
parties.
(4) Ex officio members.--The Secretary shall
designate one or more officers of the Department to
serve as ex officio members of the Task Force, one of
whom shall be the designated officer of the Federal
Government for purposes of subsection (e) of section 10
of the Federal Advisory Committee Act.
(5) Diversity in composition of task force.--In
appointing members to the Task Force, the Secretary
shall ensure, to the extent practicable, that its
membership--
(A) is geographically diverse;
(B) includes representatives from both rural
and urban jurisdictions;
(C) includes representatives from both
management and labor;
(D) includes representatives from both
uniformed and nonuniformed professions;
(E) includes representatives from both
voluntary and professional services;
(F) includes representatives from both
government and nongovernment emergency medical
services; and
(G) includes sufficient personnel with
security clearances necessary to review
classified materials that may be needed to
conduct the business of the Task Force.
(6) Chair.--At the first meeting of the Task Force,
the membership of the Task Force appointed under
paragraph (3) shall elect a chair of the Task Force.
(f) Meetings.--The Task Force shall meet as often as
necessary to complete reports in accordance with this section.
(g) Pay.--
(1) In general.--Members of the Task Force shall
serve without pay by reason of their work on the Task
Force.
(2) Federal officers and employees.--Members of the
Task Force who are officers or employees of the United
States shall receive no additional pay by reason of
their service as a member of the Task Force.
(h) Travel Expenses.--Members of the Task Force shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Task Force.
(i) Services, Funds, and Staff.--The Secretary shall provide
to the Task Force, on a non-reimbursable basis, such
administrative services, funds, staff, facilities, and other
support services as the Secretary determines necessary, in
consultation with the chair of the Task Force, for the Task
Force to perform its duties efficiently and in accordance with
this section.
(j) Details.--Upon the request of the Task Force, the
Secretary may detail, without reimbursement, any personnel of
the Department to assist the Task Force in carrying out its
duties. Any such detail of an employee shall be without
interruption or loss of civil service status or privilege.
(k) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.), including
subsections (a), (b), and (d) of section 10 of such Act, and
section 552b(c) of title 5, United States Code, shall apply to
the Task Force.
SEC. 1804. COVERED GRANT ELIGIBILITY AND CRITERIA.
(a) Grant Eligibility.--Any State or region shall be eligible
to apply for a covered grant.
(b) Grant Criteria.--In awarding covered grants, the
Secretary shall assist States and local governments in
achieving the essential capabilities for first responders
established by the Secretary under section 1802.
(c) State Homeland Security Plans.--
(1) Submission of plans.--The Secretary shall require
that any State applying to the Secretary for a covered
grant must submit to the Secretary a 3-year State
homeland security plan that--
(A) demonstrates the extent to which the
State has achieved the essential capabilities
that apply to the State, and describes the
extent to which the State used the methodology
developed pursuant to section 1803(b)(4)(B) to
evaluate the level of its essential
capabilities;
(B) demonstrates the additional needs of the
State necessary to achieve the essential
capabilities that apply to the State;
(C) includes a prioritization of such
additional needs based on threat,
vulnerability, and consequence assessment
factors applicable to the State;
(D) describes how the State intends--
(i) to address such additional needs
at the city, county, regional, State,
and interstate level;
(ii) to use all Federal, State, and
local resources available for the
purpose of addressing such additional
needs; and
(iii) to give particular emphasis to
regional planning and cooperation, both
within its jurisdictional borders and
with neighboring States; and
(E) is developed in consultation with and
subject to appropriate comment by local
governments within the State.
(2) Approval by secretary.--The Secretary may not
award any covered grant to a State unless the Secretary
has approved the applicable State homeland security
plan.
(d) Consistency With State Plans.--The Secretary shall ensure
that each covered grant is used to supplement and support, in a
consistent and coordinated manner, the applicable State
homeland security plan or plans.
(e) Application for Grant.--
(1) In general.--Any State or region may apply for a
covered grant by submitting to the Secretary an
application at such time, in such manner, and
containing such information as is required under this
subsection, or as the Secretary may reasonably require.
(2) Deadlines for applications and awards.--All
applications for covered grants must be submitted to
the Secretary no later than February 15 of the fiscal
year for which they are submitted. The Secretary shall
award covered grants pursuant to all approved
applications for such fiscal year as soon as
practicable, but not later than July 31 of such year.
(3) Availability of funds.--All funds awarded by the
Secretary under covered grants in a fiscal year shall
be available for obligation through the end of the
subsequent fiscal year.
(4) Minimum contents of application.--The Secretary
shall require that each applicant include in its
application, at a minimum--
(A) the purpose for which the applicant seeks
covered grant funds and the reasons why the
applicant needs the covered grant to meet the
essential capabilities for terrorism
preparedness within the State or region to
which the application pertains;
(B) a description of how, by reference to the
applicable State homeland security plan or
plans under subsection (c), the allocation of
grant funding proposed in the application,
including, where applicable, the amount not
passed through under section 1805(e)(1), would
assist in fulfilling the essential capabilities
specified in such plan or plans;
(C) a statement of whether a mutual aid
agreement applies to the use of all or any
portion of the covered grant funds;
(D) if the applicant is a region--
(i) a precise geographical
description of the region and a
specification of all participating and
nonparticipating local governments
within the geographical area comprising
that region;
(ii) a specification of what
governmental entity within the region
will administer the expenditure of
funds under the covered grant; and
(iii) a designation of a specific
individual to serve as regional
liaison;
(E) a capital budget showing how the
applicant intends to allocate and expend the
covered grant funds; and
(F) a statement of how the applicant intends
to meet the matching requirement, if any, that
applies under section 1805(e)(2).
(5) Regional applications.--
(A) Submission to state or states.--To ensure
the consistency required under subsection (d),
an applicant that is a region must
simultaneously submit its application to the
Department and to each State of which any part
is included in the region.
(B) Opportunity for state comment.--Before
awarding any covered grant to a region, the
Secretary shall provide an opportunity to each
State of which any part is included in a
region, during the 30-day period beginning on
the date on which the region submits an
application for a covered grant, to comment to
the Secretary on the consistency of the
region's plan with the State's homeland
security plan.
(C) Final authority.--The Secretary shall
have final authority to determine the
consistency of any regional application with
the applicable State homeland security plan or
plans and approve any regional application. The
Secretary shall notify each State of which any
part is included in a region of the approval of
a regional application for that region.
(D) Regional liaisons.--A regional liaison
designated under paragraph (4)(D)(iii) shall--
(i) coordinate with Federal, State,
local, regional, and private officials
within the region concerning terrorism
preparedness;
(ii) develop a process for receiving
input from Federal, State, local,
regional, and private sector officials
within the region to assist in the
development of the regional application
and to improve the region's access to
covered grants; and
(iii) administer, in consultation
with State, local, regional, and
private officials within the region,
covered grants awarded to the region.
(6) Equipment standards.--If an applicant for a
covered grant proposes to upgrade or purchase, with
assistance provided under the grant, new equipment or
systems that do not meet or exceed any applicable
national voluntary consensus standards established by
the Secretary under section 1806(a), the applicant
shall include in the application an explanation of why
such equipment or systems will serve the needs of the
applicant better than equipment or systems that meet or
exceed such standards.
(f) First Responder Grants Board.--
(1) Establishment of board.--The Secretary shall
establish a First Responder Grants Board, consisting
of--
(A) the Secretary;
(B) the Under Secretary for Emergency
Preparedness and Response;
(C) the Under Secretary for Border and
Transportation Security;
(D) the Under Secretary for Information
Analysis and Infrastructure Protection;
(E) the Under Secretary for Science and
Technology; and
(F) the Director of the Office for Domestic
Preparedness.
(2) Chairman.--
(A) In general.--The Secretary shall be the
Chairman of the Board.
(B) Exercise of authorities by deputy
secretary.--The Deputy Secretary of Homeland
Security may exercise the authorities of the
Chairman, if the Secretary so directs.
(3) Ranking of grant applications.--
(A) Prioritization of grants.--The Board
shall evaluate and annually prioritize all
pending applications for covered grants based
upon the degree to which they would lessen the
threat to, vulnerability of, and consequences
for persons and critical infrastructure.
(B) Achieving nationwide capability.--In
evaluating and prioritizing grant applications
under subparagraph (A), the Board shall--
(i) seek to achieve and enhance
essential capabilities throughout the
Nation; and
(ii) seek to allocate a portion of
the funds available for covered grants
each fiscal year for the purpose of
making covered grants to each approved
applicant that the Board determines has
demonstrated a valid need in its
application.
(4) Functions of under secretaries.--The Under
Secretaries referred to in paragraph (1) shall seek to
ensure that the relevant expertise and input of the
staff of their directorates are available to and
considered by the Board.
SEC. 1805. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.
(a) In General.--A covered grant may be used for--
(1) purchasing or upgrading equipment, including
computer software, to enhance terrorism preparedness
and response;
(2) exercises to strengthen terrorism preparedness
and response;
(3) training for prevention (including detection) of,
preparedness for, or response to attacks involving
weapons of mass destruction, including training in the
use of equipment and computer software;
(4) developing or updating response plans;
(5) establishing or enhancing mechanisms for sharing
terrorism threat information pursuant to this Act;
(6) systems architecture and engineering, program
planning and management, strategy formulation and
strategic planning, life-cycle systems design, product
and technology evaluation, and prototype development
for terrorism preparedness and response purposes;
(7) additional personnel costs resulting from--
(A) elevations in the threat alert level of
the Homeland Security Advisory System;
(B) travel to and participation in exercises
and training in the use of equipment and on
prevention activities; and
(C) the temporary replacement of personnel
during any period of travel to and
participation in exercises and training in the
use of equipment and on prevention activities;
(8) the costs of equipment (including software)
required to receive, transmit, handle, and store
classified information;
(9) enhancing facilities to serve as operations
centers, or hardening critical infrastructure against
potential attack by the addition of barriers, fences,
gates, and other such devices;
(10) the costs of commercially available equipment
that complies with, where applicable, national
voluntary consensus standards, and that facilitates
interoperability, coordination, and integration between
emergency communications systems, including--
(A) mobile vehicles that contain equipment
such as commercial telephone trunk lines, VHF
and UHF radios, patch panels, and crosspatches,
among other technologies and equipment; and
(B) communications system overlay software
and hardware that allow multiple disparate
communications networks to act as one network;
(11) educational curricula development for first
responders to ensure that they are prepared for
terrorist attacks;
(12) training and exercises to assist public
elementary and secondary schools in developing and
implementing programs to instruct students regarding
age-appropriate skills to prepare for and respond to an
act of terrorism; and
(13) other appropriate activities as determined by
the Secretary.
(b) Prohibited Uses.--Funds provided as a covered grant may
not be used--
(1) to supplant State or local funds for, or
otherwise support, traditional missions of State and
local law enforcement, firefighters, emergency medical
services, or public health agencies, unless such
support serves a dual purpose and the funds are
primarily intended to enhance terrorism preparedness;
(2) to construct buildings or other physical
facilities;
(3) to acquire land; or
(4) for any State or local government cost sharing
contribution.
(c) Assistance Requirement.--The Secretary may not request
that equipment paid for, wholly or in part, with funds provided
as a covered grant be made available for responding to
emergencies in surrounding States, regions, and localities,
unless the Secretary undertakes to pay the costs directly
attributable to transporting and operating such equipment
during such response.
(d) Flexibility in Unspent Homeland Security Grant Funds.--
Upon request by the recipient of a covered grant, the Secretary
may authorize the grantee to transfer all or part of funds
provided as the covered grant from uses specified in the grant
agreement to other uses authorized under this section, if the
Secretary determines that such transfer is in the interests of
homeland security.
(e) State and Regional Responsibilities.--
(1) Pass-through.--The Secretary shall require a
recipient of a covered grant that is a State to
obligate or otherwise make available to local
governments, first responders, and other local groups,
to the extent required under the State homeland
security plan or plans specified in the application for
the grant, not less than 80 percent of the grant funds,
resources purchased with the grant funds having a value
equal to at least 80 percent of the amount of the
grant, or a combination thereof, by not later than the
end of the 45-day period beginning on the date the
grant recipient receives the grant funds.
(2) Cost sharing.--
(A) In general.--The Federal share of the
costs of an activity carried out with a covered
grant to a State or region awarded after the 2-
year period beginning on the date of the
enactment of this section shall not exceed 75
percent.
(B) Interim rule.--The Federal share of the
costs of an activity carried out with a covered
grant awarded before the end of the 2-year
period beginning on the date of the enactment
of this section shall be 100 percent.
(C) In-kind matching.--Each recipient of a
covered grant may meet the matching requirement
under subparagraph (A) by making in-kind
contributions of goods or services that are
directly linked with the purpose for which the
grant is made, including, but not limited to,
any necessary personnel overtime, contractor
services, administrative costs, equipment fuel
and maintenance, and rental space.
(3) Certifications regarding distribution of grant
funds to local governments.--Any State that receives a
covered grant shall certify to the Secretary, by not
later than 30 days after the expiration of the period
described in paragraph (1) with respect to the grant,
that the State has made available for expenditure by
local governments, first responders, and other local
groups the required amount of grant funds pursuant to
paragraph (1).
(4) Report on homeland security spending.--Each
recipient of a covered grant shall submit a report to
the Secretary not later than 60 days after the end of
each fiscal year. Each recipient of a covered grant
that is a region must simultaneously submit its report
to each State of which any part is included in the
region. Each report must include the following:
(A) The amount, ultimate recipients, and
dates of receipt of all funds received under
the grant during the previous fiscal year.
(B) The amount and the dates of disbursements
of all such funds expended in compliance with
paragraph (1) or pursuant to mutual aid
agreements or other sharing arrangements that
apply within the State or region, as
applicable, during the previous fiscal year.
(C) How the funds were utilized by each
ultimate recipient or beneficiary during the
preceding fiscal year.
(D) The extent to which essential
capabilities identified in the applicable State
homeland security plan or plans were achieved
or enhanced as the result of the expenditure of
grant funds during the preceding fiscal year.
(E) The extent to which essential
capabilities identified in the applicable State
homeland security plan or plans remain unmet.
(5) Inclusion of restricted annexes.--A recipient of
a covered grant may submit to the Secretary an annex to
the report under paragraph (4) that is subject to
appropriate handling restrictions, if the recipient
believes that discussion in the report of unmet needs
would reveal sensitive but unclassified information.
(6) Provision of reports.--The Secretary shall ensure
that each report under paragraph (4) is provided to the
Under Secretary for Emergency Preparedness and Response
and the Director of the Office for Domestic
Preparedness.
(f) Incentives to Efficient Administration of Homeland
Security Grants.--
(1) Penalties for delay in passing through local
share.--If a recipient of a covered grant that is a
State fails to pass through to local governments, first
responders, and other local groups funds or resources
required by subsection (e)(1) within 45 days after
receiving funds under the grant, the Secretary may--
(A) reduce grant payments to the grant
recipient from the portion of grant funds that
is not required to be passed through under
subsection (e)(1);
(B) terminate payment of funds under the
grant to the recipient, and transfer the
appropriate portion of those funds directly to
local first responders that were intended to
receive funding under that grant; or
(C) impose additional restrictions or burdens
on the recipient's use of funds under the
grant, which may include--
(i) prohibiting use of such funds to
pay the grant recipient's grant-related
overtime or other expenses;
(ii) requiring the grant recipient to
distribute to local government
beneficiaries all or a portion of grant
funds that are not required to be
passed through under subsection (e)(1);
or
(iii) for each day that the grant
recipient fails to pass through funds
or resources in accordance with
subsection (e)(1), reducing grant
payments to the grant recipient from
the portion of grant funds that is not
required to be passed through under
subsection (e)(1), except that the
total amount of such reduction may not
exceed 20 percent of the total amount
of the grant.
(2) Extension of period.--The Governor of a State may
request in writing that the Secretary extend the 45-day
period under paragraph (1) for an additional 15-day
period. The Secretary may approve such a request, and
may extend such period for additional 15-day periods,
if the Secretary determines that the resulting delay in
providing grant funding to the local government
entities that will receive funding under the grant will
not have a significant detrimental impact on such
entities' terrorism preparedness efforts.
(3) Provision of non-local share to local
government.--
(A) In general.--The Secretary may upon
request by a local government pay to the local
government a portion of the amount of a covered
grant awarded to a State in which the local
government is located, if--
(i) the local government will use the
amount paid to expedite planned
enhancements to its terrorism
preparedness as described in any
applicable State homeland security plan
or plans;
(ii) the State has failed to pass
through funds or resources in
accordance with subsection (e)(1); and
(iii) the local government complies
with subparagraphs (B) and (C).
(B) Showing required.--To receive a payment
under this paragraph, a local government must
demonstrate that--
(i) it is identified explicitly as an
ultimate recipient or intended
beneficiary in the approved grant
application;
(ii) it was intended by the grantee
to receive a severable portion of the
overall grant for a specific purpose
that is identified in the grant
application;
(iii) it petitioned the grantee for
the funds or resources after expiration
of the period within which the funds or
resources were required to be passed
through under subsection (e)(1); and
(iv) it did not receive the portion
of the overall grant that was earmarked
or designated for its use or benefit.
(C) Effect of payment.--Payment of grant
funds to a local government under this
paragraph--
(i) shall not affect any payment to
another local government under this
paragraph; and
(ii) shall not prejudice
consideration of a request for payment
under this paragraph that is submitted
by another local government.
(D) Deadline for action by secretary.--The
Secretary shall approve or disapprove each
request for payment under this paragraph by not
later than 15 days after the date the request
is received by the Department.
(g) Reports to Congress.--The Secretary shall submit an
annual report to the Congress by December 31 of each year--
(1) describing in detail the amount of Federal funds
provided as covered grants that were directed to each
State and region in the preceding fiscal year;
(2) containing information on the use of such grant
funds by grantees; and
(3) describing, on a nationwide and State-by-State
basis--
(A) the extent to which essential
capabilities identified in applicable State
homeland security plan or plans were created or
enhanced as the result of the expenditure of
covered grant funds during the preceding fiscal
year;
(B) the extent to which essential
capabilities identified in applicable State
homeland security plan or plans remain unmet;
and
(C) an estimate of the amount of Federal,
State, and local expenditures required to
attain across the United States the essential
capabilities established under section 1802(a).
SEC. 1806. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND
TRAINING.
(a) Equipment Standards.--
(1) In general.--The Secretary, in consultation with
the Under Secretary for Science and Technology and the
Director of the Office for Domestic Preparedness,
shall, not later than 6 months after the date of
enactment of this section, support the development of,
promulgate, and update as necessary national voluntary
consensus standards for the performance, use, and
validation of first responder equipment for purposes of
section 1804(e)(6). Such standards--
(A) shall be, to the maximum extent
practicable, consistent with any existing
voluntary consensus standards;
(B) shall take into account, as appropriate,
new types of terrorism threats that may not
have been contemplated when such existing
standards were developed; and
(C) shall be focused on maximizing
interoperability, interchangeability,
durability, flexibility, efficiency, efficacy,
portability, sustainability, and safety.
(2) Required categories.--In carrying out paragraph
(1), the Secretary shall specifically consider the
following categories of first responder equipment:
(A) Thermal imaging equipment.
(B) Radiation detection and analysis
equipment.
(C) Biological detection and analysis
equipment.
(D) Chemical detection and analysis
equipment.
(E) Decontamination and sterilization
equipment.
(F) Personal protective equipment, including
garments, boots, gloves, and hoods and other
protective clothing.
(G) Respiratory protection equipment.
(H) Interoperable communications, including
wireless and wireline voice, video, and data
networks.
(I) Explosive mitigation devices and
explosive detection and analysis equipment.
(J) Containment vessels.
(K) Contaminant-resistant vehicles.
(L) Such other equipment for which the
Secretary determines that national voluntary
consensus standards would be appropriate.
(b) Training Standards.--
(1) In general.--The Secretary, in consultation with
the Under Secretaries for Emergency Preparedness and
Response and Science and Technology and the Director of
the Office for Domestic Preparedness, shall support the
development of, promulgate, and regularly update as
necessary national voluntary consensus standards for
first responder training carried out with amounts
provided under covered grant programs, that will enable
State and local government first responders to achieve
optimal levels of terrorism preparedness as quickly as
practicable. Such standards shall give priority to
providing training to--
(A) enable first responders to prevent,
prepare for, respond to, and mitigate terrorist
threats, including threats from chemical,
biological, nuclear, and radiological weapons
and explosive devices capable of inflicting
significant human casualties; and
(B) familiarize first responders with the
proper use of equipment, including software,
developed pursuant to the standards established
under subsection (a).
(2) Required categories.--In carrying out paragraph
(1), the Secretary specifically shall include the
following categories of first responder activities:
(A) Regional planning.
(B) Joint exercises.
(C) Intelligence collection, analysis, and
sharing.
(D) Emergency notification of affected
populations.
(E) Detection of biological, nuclear,
radiological, and chemical weapons of mass
destruction.
(F) Such other activities for which the
Secretary determines that national voluntary
consensus training standards would be
appropriate.
(c) Consultation With Standards Organizations.--In
establishing national voluntary consensus standards for first
responder equipment and training under this section, the
Secretary shall consult with relevant public and private sector
groups, including--
(1) the National Institute of Standards and
Technology;
(2) the National Fire Protection Association;
(3) the National Association of County and City
Health Officials;
(4) the Association of State and Territorial Health
Officials;
(5) the American National Standards Institute;
(6) the National Institute of Justice;
(7) the Inter-Agency Board for Equipment
Standardization and Interoperability;
(8) the National Public Health Performance Standards
Program;
(9) the National Institute for Occupational Safety
and Health;
(10) ASTM International; and
(11) to the extent the Secretary considers
appropriate, other national voluntary consensus
standards development organizations, other interested
Federal, State, and local agencies, and other
interested persons.
SEC. 1807. DEFINITIONS.
In this title:
(1) Board.--The term ``Board'' means the First
Responder Grants Board established under section
1804(f).
(2) Covered grant.--The term ``covered grant'' means
any grant to which this title applies under section
1801.
(3) Elevations in the threat alert level.--The term
``elevations in the threat alert level'' means any
designation (including those that are less than
national in scope) that raises the homeland security
threat level to either the highest or second highest
threat level under the Homeland Security Advisory
System referred to in section 201(d)(7).
(4) Essential capabilities.--The term ``essential
capabilities'' means the levels, availability, and
competence of emergency personnel, planning, training,
and equipment across a variety of disciplines needed to
effectively and efficiently prevent, prepare for, and
respond to acts of terrorism consistent with
established practices.
(5) Region.--The term ``region'' means--
(A) any geographic area consisting of all or
parts of 2 or more contiguous States, counties,
municipalities, or other local governments that
have a combined population of at least
1,650,000 or have an area of not less than
20,000 square miles, and that, for purposes of
an application for a covered grant, is
represented by 1 or more governments or
governmental agencies within such geographic
area, and that is established by law or by
agreement of 2 or more such governments or
governmental agencies in a mutual aid
agreement; or
(B) any other combination of contiguous local
government units (including such a combination
established by law or agreement of two or more
governments or governmental agencies in a
mutual aid agreement) that is formally
certified by the Secretary as a region for
purposes of this Act with the consent of--
(i) the State or States in which they
are located, including a multi-State
entity established by a compact between
two or more States; and
(ii) the incorporated municipalities,
counties, and parishes which they
encompass.
(6) Task force.--The term ``Task Force'' means the
Task Force on Essential Capabilities for First
Responders established under section 1803.
(7) First responder.--The term ``first responder''
shall have the same meaning as the term ``emergency
response provider''.