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[Senate Report 107-295]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 625
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-295

======================================================================

 
                FIRST RESPONDER TERRORISM PREPAREDNESS 
                              ACT OF 2002

                                _______
                                

                October 1, 2002.--Ordered to be printed

                                _______
                                

   Mr. Jeffords, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 2664]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 2664) to amend the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act to establish a 
program to provide assistance to enhance the ability of first 
responders to respond to incidents of terrorism, including 
involving weapons of mass destruction, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.

                               Background

    The Federal Emergency Management Agency (FEMA) is the 
Federal agency responsible for leading the nation in mitigating 
against, preparing for, responding to, and recovering from 
major disasters. Using an established Federal Response Plan, 
FEMA coordinates the efforts of 26 Federal agencies and works 
closely with affected State and local governments in responding 
to disasters.
    The tragic events of September 11, 2001, have demonstrated 
a need to prepare not only for natural disasters, but for 
incidents of terrorism as well. Recognizing this need, the 
Administration proposed a $3.5 billion initiative to prepare 
the nation's first responders-police, firefighters, and 
emergency medical personnel-to respond to incidents of 
terrorism, including incidents involving weapons of mass 
destruction.
    FEMA's primary focus is to prepare the nation for all types 
of hazards--both natural and manmade--and the Agency has 
developed a strong and established relationship with the State 
and local first responders in preparedness, response, and 
recovery to major disasters. Because of this, the President 
tasked the Agency with administering the initiative.
    S. 2664, the ``First Responder Terrorism Preparedness Act 
of 2002'', establishes the framework for the Federal government 
to partner with State and local governments to achieve this 
goal. The bill authorizes FEMA's Office of National 
Preparedness to lead a coordinated and integrated effort to 
build terrorism preparedness and response capability for 
weapons of mass destruction at all levels of government. It 
creates a new $3.4 billion first responder grant program 
administered by the Office. The program will enhance the 
capabilities of first responders by focusing needed resources 
in the following areas-equipment, planning, training, and 
exercises. The bill also contains a section authorizing 
additional assistance for FEMA's 28 Urban Search and Rescue 
task forces.

                      Section-By-Section Analysis

Section 1. Short Title
    First Responder Terrorism Preparedness Act of 2002.
Sec. 2. Findings and Purposes

                                SUMMARY

    Section 2 sets out the Congressional findings and purposes 
of the legislation.

                               DISCUSSION

    The purpose of this legislation is to establish the 
framework for the Federal government to partner with State and 
local governments to enhance preparedness and response efforts 
for incidents of terrorism, including incidents involving 
weapons of mass destruction. To achieve this goal, the bill 
authorizes the Office of National Preparedness at FEMA, created 
by the President in May of 2001, and establishes its mission 
and authorities. The Office will lead a coordinated and 
integrated effort to build terrorism preparedness and response 
capability for weapons of mass destruction at all levels of 
government.
    The bill also creates a new $3.4 billion first responder 
grant program administered by the Office. The program will 
enhance the capabilities of first responders by focusing needed 
resources in the following areas: equipment, planning, 
training, and exercises.
    The bill also contains a section authorizing additional 
assistance for FEMA's 28 Urban Search and Rescue task forces.
Sec. 3. Definitions
    Section 3 amends the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5196) to define key terms.
    Major Disaster.--includes the phrase ``incident of 
terrorism'' in the definition of ``major disaster.'' This 
change will ensure that FEMA can dedicate all of it resources 
to respond to any act of terrorism by providing the President 
with the authority to declare biological or chemical attacks to 
be major disasters.
    Weapons of Mass Destruction.--defined as ``any weapon or 
device that is intended, or has the capability, to cause death 
or serious bodily injury to a significant number of people 
through the release, dissemination, or impact of (A) toxic or 
poisonous chemicals or their precursors; (B) a disease 
organism; or (C) radiation or radioactivity.''
Sec. 4. Establishment of the Office of National Preparedness

                                SUMMARY

    Section 4 amends the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5196) by adding a Section 
616 that creates an Office of National Preparedness at the 
Federal Emergency Management Agency (FEMA). The President, with 
the advice and consent of the Senate, will appoint an Associate 
Director of the Office.

                               DISCUSSION

    The President created the FEMA Office of National 
Preparedness on May 8, 2001, to coordinate all Federal programs 
dealing with weapons of mass destruction consequence management 
within the Departments of Defense, Health and Human Services, 
Justice, and Energy, the Environmental Protection Agency, and 
other Federal agencies. This Act authorizes the Office and 
provides it with specific authorities and functions.
    The purpose of the Office is to lead a coordinated and 
integrated effort to build terrorism preparedness and response 
capability at all levels of government. Led by a Senate-
confirmed Associate Director, the Office will establish 
standards for terrorism preparedness and response at all levels 
of government; integrate the capabilities of all levels of 
government to plan for and respond to acts of terrorism; 
coordinate the provision of Federal terrorism preparedness 
assistance to State, Tribal and local governments; establish 
standards for interoperable communications and warning systems; 
establish standards for first responder training and equipment 
for use in responding to weapons of mass destruction; and 
implement a first responder grant program. The Associate 
Director of the Office will designate a FEMA employee in each 
region to serve as the liaison for the States in that region. 
The Associate Director will make use of existing resources, 
such as planning documents and interagency boards and 
committees, to carry out the duties of the Office.
    The committee supports the goal of developing a truly 
integrated national mutual aid system. Therefore the committee 
encourages the Office's critical efforts to standardize and 
strengthen mutual aid agreements between States, regions, and 
the Federal government.
Sec. 5. Preparedness Assistance for First Responders

                                SUMMARY

    Section 5 amends the title VI of the Robert T. Stafford 
Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) by 
adding Section a 630 that establishes a grant program at the 
Federal Emergency Management Agency for State and local first 
responders.

                               DISCUSSION

    The purpose of the first responder grant program is to 
provide resources to enhance the capabilities of first 
responders to respond to incidents of terrorism, including 
incidents involving weapons of mass destruction.
Definitions
    There is broad consensus that any definition of first 
responders must include fire, emergency medical service, and 
law enforcement personnel. As FEMA implements the program, the 
Agency may need some flexibility to expand the definition of 
first responders to meet the needs of all constituents. To this 
end, the Act provides the Director with the authority to expand 
the definition of first responders based on the information 
provided by the Office and public comment received pursuant to 
the proposed rule issued by the Agency. FEMA will inform the 
committee prior to any expansion of this definition.
    The Director is responsible for defining the term ``local 
entity.'' The legislation gives this discretion to the Director 
to ensure that all traditional first responders as defined in 
the Act, including career and volunteer first responder 
entities, are eligible for assistance. The committee's intent 
is to provide the Director with the authority necessary to 
provide funds to both local governments and to non-government 
entities such as non-profit fire and emergency medical services 
departments. The committee does not intend to confer FEMA with 
the authority to provide first responder grants to for-profit 
organizations.
Program to Provide Assistance
    The legislation provides for State and local cost share not 
to exceed 25 percent of costs eligible for assistance under the 
program. State and local governments may count in-kind 
contributions as part of their cost share. FEMA may use 
continuation grants with the States and territories, which the 
Agency may renew annually, subject to the availability of 
appropriations.
Uses of Assistance
    Grantees may use assistance for planning, equipment, 
training, and exercises and for training facilities and 
emergency operations centers. In the case of the training 
category, the bill directs the Office to promulgate regulations 
to ensure only legitimate first responder training 
organizations are eligible for grant funds.
    In the case of the communications equipment category, it is 
important for the Office to develop a comprehensive strategy 
for achieving interoperability prior to providing funding. The 
committee intends that the Office proceed as expeditiously as 
possible in the development of this strategy and that the 
Office consider the most cost effective methods available to 
achieve this goal, such as technology that will integrate 
existing communications equipment.
    The committee recognizes the importance of maintaining the 
operational integrity of emergency systems that may be subject 
to failure as a result of fire or water damage to essential 
wiring or cabling, and of utilizing necessary measures to 
ensure continued operation of these vital systems.
    It is cost-effective for these grants to leverage, when 
practicable, prior government investment in related 
technologies. Accordingly, grantees may use these grants to 
purchase both non-developmental and commercial technologies.
    The purpose of this legislation is to enhance the current 
capabilities of State and local first responders to respond to 
incidents of terrorism, including incidents involving weapons 
of mass destruction. The committee believes the best way to 
achieve this goal is by dedicating resources to the nation's 
first responders for additional planning, equipment, training, 
and exercises, rather than diverting funds to pay personnel 
costs or to reimburse for expenses incurred prior to the 
passage of this Act. For this reason, grantees may not use 
assistance for pre-award costs or for compensation for first 
responders.
Allocation of Funds
    The District of Columbia, Puerto Rico, the U.S. Virgin 
Islands, Guam, American Samoa, and the Commonwealth of the 
Northern Mariana Islands, will each receive $3 million. Each of 
the 50 States will receive a base amount of $15 million, plus a 
percentage of the remaining funds based on a formula developed 
by the Office. The committee intends that this formula take 
into account risk factors such as population, presence of vital 
infrastructure, and proximity to international borders. States 
are also directed to take these risk factors into consideration 
when distributing funds to tribal governments, local 
governments, and local entities.
Provision of Funds to Local Governments and Local Entities
    There is a need to provide funds to both State and local 
first responders in a coordinated, strategic, and prompt 
manner. To ensure a coordinated effort at the State level, the 
Act designates that all funds will be awarded to the Governors 
of the States, who may retain up to 25 percent of the funds 
they receive for State-level first responder needs. Eligible 
activities best addressed at the State level may include 
exercises, planning, emergency operations centers, and training 
facilities. To ensure that the majority of these funds go to 
the local first responders as soon as possible, States must 
coordinate with local governments and local entities, and 
directly provide them with at least 75 percent of the funds 
received by the State within 45 days.
Administrative Expenses
    A State may use up to 10 percent of the funds it retains 
for administrative expenses associated with this program. FEMA 
may use no more than 5 percent of the funds available for this 
program, or $75 million in fiscal year 2003 or $50 million in 
fiscal years 2004-2006 (whichever is less), for administrative 
expenses.
Maintenance of Expenditures
    Because these funds are to supplement and not supplant 
State and local resources, grant recipients must agree to 
maintain average annual expenditures in the areas for which 
assistance is provided.
Reports
    The Director must submit an annual report on the use of the 
assistance. States must also agree to conduct, or participate 
in, an exercise approve by FEMA to measure the progress of the 
State in enhancing first responder capabilities no later than 3 
years after the enactment of this Act.
Coordination
    The grant program created by this legislation is separate 
and distinct from both the Assistance to Firefighters Grant 
Program implemented by FEMA's U.S. Fire Administration, and the 
Community Oriented Policing Services Program implemented by the 
U.S. Department of Justice. Those programs provide for the 
basic needs of first responders, while this new program will 
enhance the capabilities of first responders to respond to 
incidents of terrorism, including incidents involving weapons 
of mass destruction. All three programs are important 
components of a coordinated effort to provide supplemental 
assistance to States and local communities.
Cost Sharing for Emergency Operating Centers
    Because of the immediate need to improve State and local 
emergency operations centers, the Act waives the Stafford Act's 
50/50 cash match requirement for construction and renovation of 
these facilities. Instead, the Federal share for emergency 
operations centers constructed or renovated with funds provided 
under this Act will be not less than 75 percent of eligible 
costs. This cost share is consistent with the other categories 
of assistance provided by S. 2664.
Sec. 6. Protection of Health and Safety of First Responders

                                SUMMARY

    Section 6 amends subtitle B of title VI of the Stafford Act 
to add a section to protect the health and safety of first 
responders.

                               DISCUSSION

    In 1978 President Carter established by executive order the 
Federal Emergency Management Agency (FEMA). The newly 
established agency assumed the duties that the Federal Disaster 
Administration had performed since 1973. Even after FEMA's 
creation, aspects of the Federal role in disaster response and 
recovery remained unclear. After years of debate during the 
mid-1980s and several legislative attempts, Congress reached a 
compromise and passed the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (P.L. 104-707) in 1988. The 
Stafford Act, last amended in the 106th Congress (P.L. 106-
390), has helped reshape the Federal government's role in 
responding to national disasters.
    However, the Stafford Act does not specifically address the 
Federal government's role in monitoring the health and safety 
of individuals exposed to harmful substances as a result of a 
disaster. In the case of the World Trade Center, environmental 
monitoring conducted by the U.S. Environmental Protection 
Agency has shown elevated levels of asbestos, dioxin, PCBs, 
benzene, metals, and particulates in air, dust, and water 
samples taken in the area.
    The heroic efforts of emergency response personnel in the 
days and weeks following the September 11, 2001, disaster have 
underscored the need for a program to monitor and to track the 
health and safety of rescue workers. For example, scores of 
emergency response personnel responding to the World Trade 
Center attacks subsequently developed severe respiratory 
ailments. These workers will need long-term monitoring. This 
section addresses this important issue by amending the Stafford 
Act to authorize the President to carry out a program for the 
protection, assessment, monitoring, and study of the health and 
safety of first responders in a major disaster area. The bill 
does not require FEMA to provide treatment first responders.
    If the President determines that one or more harmful 
substances (substances that the President determines may be 
harmful to human health) are present in a disaster area, the 
President may carry out a program for the protection, 
assessment, monitoring, and study of the health and safety of 
first responders. The intent of the program is to protect the 
health and safety of first responders exposed or potentially 
exposed to harmful substances as a direct result of the 
disaster and to prevent the recurrence of similar health 
impacts in future disasters.
    The program may include the collection and analysis of 
environmental exposure data, performance of baseline sampling, 
establishment of an exposure registry, and study of the long-
term health impacts of exposure through epidemiological 
studies. The program also may include developing and 
disseminating educational materials. The committee intends that 
medical or academic institutions in the proximate area of the 
disaster, and with experience in environmental and occupational 
health and safety, conduct such studies when feasible and 
appropriate. Institutions developing and carrying out the 
program may consult with the National Institute of 
Environmental Health Sciences, the Agency for Toxic Substances 
and Disease Registry, the Occupational Safety and Health 
Administration, the Environmental Protection Agency, or other 
agencies with significant experience and expertise in the area 
of worker health and safety.
    Participation in any study under this section is voluntary, 
and the President shall take appropriate measures to protect 
participant privacy. Not later than 1 year after a study's 
completion, the President, or the institution conducting the 
study, will present the findings to the Director, the Secretary 
of Health and Human Services, the Secretary of Labor, and the 
Administrator of the Environmental Protection Agency.
Sec. 7. Urban Search and Rescue Task Forces

                                SUMMARY

    Section 7 amends the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5197 et seq.) by adding a 
Section 631 to authorize additional assistance for Urban Search 
and Rescue Task Forces.

                               DISCUSSION

    The purpose of Section 7 is to provide the needed funds, 
equipment, and training to ensure that all urban search and 
rescue task forces have the full capability to respond to any 
disaster, including acts of terrorism involving a weapon of 
mass destruction. The Federal Emergency Management Agency 
(FEMA) established the National Urban Search and Rescue 
Response System in 1989 pursuant to requirement in the 
Earthquakes Hazards Reduction Act of 1977, which directed FEMA 
to provide adequate search and rescue capacity in the event of 
an earthquake. There currently are 28 task forces throughout 
the United States.
    The terrorist attacks of September 11, 2001, demonstrated 
the need for fully equipped and trained task forces. The 
committee recognizes that the Federal Government has a 
responsibility to ensure that each task force is adequately 
trained and equipped to perform urban search and rescue 
functions in all environments, including the aftermath from 
acts of terrorism involving weapons of mass destruction.
    The Federal Government also needs to ensure that each task 
force has adequate equipment to meet all operational needs and 
staff support, and the capability to put two full teams in the 
field to meet any disaster or act of terrorism. While these 
task forces were originally created for earthquake response, 
they have an expanding and vital role in responding to acts of 
terrorism, including those involving weapons of mass 
destruction. These task forces also have a role to play in 
sharing their expertise with other first responders.
    This section authorizes mandatory grants of $1,500,000 for 
the cost of operations for each FEMA-designated urban search 
and rescue task force. It also authorizes additional 
discretionary grants for operations, equipment, training, 
transportation, expansion, and incident support teams. The Act 
establishes a goal of providing each task force with the 
resources necessary to train and equip two teams that can 
deploy simultaneously. The Director of FEMA may not designate 
any additional task forces until all 28 current task forces 
have that capability.
Sec. 8. Authorization of Appropriations

                                SUMMARY

    Section 8 authorizes $3.5 billion for fiscal years 2003-
2006 for carrying out the purposes of this Act.

                               DISCUSSION

    This level of funding is consistent with the President's 
fiscal year 2003 budget request. The total amount is divided 
into funds for the First Responder Grant Program and for Urban 
Search and Rescue Task Forces. The higher amount of funding for 
urban search and rescue in fiscal year 2003 reflects the 
initial need to train and equip the task forces to respond to 
incidents of weapons of mass destruction and to enable them to 
deploy two teams simultaneously. The urban search and rescue 
funds authorized for fiscal years 2004-2006 are for operations 
and maintenance costs. Funds appropriated for the task forces 
are available until expended.

                          Legislative History

    Senator James M. Jeffords and Senator Bob Smith introduced 
S. 2664 the ``First Responder Terrorism Preparedness Act of 
2002,'' on June 20, 2002. The committee reported the bill 
favorably, with amendments, on June 27, 2002, by voice vote.

                                Hearings

    Prior to the introduction of S. 2664 the Committee on 
Environment and Public Works held two hearings on emergency 
response issues. On October 16, 2001, the committee held a 
hearing on the Federal response to the September 11, 2001 
attacks, receiving testimony from Hon. Joseph Allbaugh, 
Director, Federal Emergency Management Agency; Edward P. 
Plaugher, Chief, Arlington County Fire Department Arlington, 
VA; Jeffrey L. Metzinger, Chief, Sacramento Metropolitan Fire 
Department and Member, FEMA Urban Search and Rescue Team; and 
Robert Hessinger, Member, Ohio Task Force One.
    On March 12, 2002, the committee held a hearing to consider 
the President's budget request for first response to disasters, 
receiving testimony from Hon. Joe Allbaugh, Director, Federal 
Emergency Management Agency; Woodbury P. Fogg, P.E., on behalf 
of the National Emergency Management Association; Ed Wilson, 
Chief, City of Portland Fire Department, Portland, OR; Mike 
O'Neil, Chief, South Burlington Fire Department, Burlington, 
VT; and Kenneth E. Zirkle, President, The University of 
Findlay, Findlay, OH.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 2664 on June 27, 2002. By voice vote, the committee 
agreed to three amendments offered by Senator Hillary Clinton.
    The first amendment, as modified, offered by Senator 
Clinton establishes a program to protect the health and safety 
of first responders and was accepted as modified by second 
degree. The second amendment offered by Senator Clinton 
requires States to use criteria established by FEMA to disburse 
funds to local governments and local entities within 45 days 
and to coordinate with them concerning the use of this 
assistance. The third amendment offered by Senator Clinton 
provides that FEMA will coordinate with the Department of 
Justice in relation to the Community Oriented Policing Services 
program.
    The committee then agreed to favorably report S. 2664, as 
amended, by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes evaluation of 
the regulatory impact of the reported bill.
    The bill does not create any additional regulatory burdens, 
nor will it cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 2664 would 
impose no unfunded mandates on local, State, or tribal 
governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment Act 
requires that a statement of the cost of the reported bill, 
prepared by the Congressional Budget Office, be included in the 
report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 6, 2002.

Hon. James M. Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2664, the First 
Responder Terrorism Preparedness Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Milberg, who can be reached at 226-2860
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              

               Congressional Budget Office Cost Estimate

S. 2664, First Responder Terrorism Preparedness Act of 2002, as ordered 
        reported by the Senate Committee on Environment and Public 
        Works on June 27, 2002
Summary
    S. 2664 would authorize grants to States to help first 
responders prepare for terrorist incidents, authorize grants to 
urban search and rescue task forces, require the President to 
provide public education and conduct ongoing studies of harmful 
substances at disaster sites, and establish an Office of 
National Preparedness within the Federal Emergency Management 
Agency (FEMA).
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing S. 2664 would cost about $12.3 
billion over the 2003-2007 period. S. 2664 would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    S. 2664 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would authorize grants for State, local, and tribal 
governments to support their activities as first responders to 
terrorist attacks.
Estimated Cost to the Federal Government
    The estimated budgetary impact of S. 2664 is shown in the 
following table. The costs of this legislation fall within 
budget function 450 (community and regional development).

                 By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
                                  2003    2004    2005    2006     2007
------------------------------------------------------------------------
 CHANGES IN SPENDING SUBJECT TO
         APPROPRIATION
Estimated Authorization Level..   3,504   3,504   3,508   3,508       12
Estimated Outlays..............   1,577   2,454   2,981   3,333    1,935
------------------------------------------------------------------------

Basis of Estimate
    S. 2664 includes four major provisions: grants for first 
responders, grants for urban search and rescue task forces, a 
program to monitor harmful substances at disaster sites, and 
the establishment of an Office of National Preparedness.
    For this estimate, CBO assumes S. 2664 will be enacted near 
the beginning of fiscal year 2003 and that the specified and 
estimated authorization levels for implementing the bill will 
be appropriated for each year. Estimates of outlays are based 
on information from FEMA, the Agency for Toxic Substances and 
Disease Registry (ATSDR), and historical spending patterns of 
similar programs.
Grants for First Responders
    S. 2664 would authorize FEMA to provide grants to States to 
help first responders prepare for terrorist incidents. First 
responders include fire, emergency medical service, and law 
enforcement personnel. For those grants, the bill would 
authorize the appropriation of $13.7 billion over the 2003-2006 
period. CBO estimates that amount would be spent over the 2003-
2008 period.
Grants for Urban Search and Rescue Task Forces
    S. 2664 would authorize FEMA to provide grants to urban 
search and rescue task forces to cover their operating 
expenses. These task forces locate, rescue, and provide initial 
medical service to victims trapped in confined spaces. For 
those grants, the bill would authorize the appropriation of 
$286 million over the 2003-2006 period, and CBO estimates that 
this total would be spent over the 2003-2008 period.
Response to Harmful Substances
    S. 2664 would require the President to establish a new 
program to provide public education and conduct ongoing studies 
of substances harmful to human health that are present at 
disaster sites. Based on information from FEMA and ATSDR, CBO 
estimates that implementing the provisions in this bill would 
cost about $30 million over the 2003-2007 period.
    Under this bill, CBO assumes that FEMA would work 
cooperatively with ATSDR to conduct long-term epidemiological 
studies in certain disaster areas. According to the ATSDR, each 
long-term study conducted under this bill would cost $3 million 
to $5 million a year and could last from 5 to 15 years. CBO 
cannot predict the number of such studies that might be 
required in the future. For this estimate, we assume that one 
new study would be initiated every other year at an average 
cost of $4 million per year.
Office of National Preparedness
    S. 2664 would establish an office within FEMA to develop 
standards, write guidelines, and provide assistance to State, 
tribal, and local governments related to terrorist incidents. 
FEMA's existing Office of National Preparedness currently 
addresses terrorism, and CBO estimates that implementing this 
provision would not significantly affect the Federal budget.
Pay-As-You-Go Considerations: None.
Intergovernmental and Private-Sector Impact
    S. 2664 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would authorize grants for 
State, local, and tribal governments to support their 
activities as first responders to terrorist attacks.
Previous Estimate
    On December 6, 2001, CBO transmitted a cost estimate for S. 
1621, a bill to amend the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act to authorize the President to 
carry out a program for the protection of the health and safety 
of community members, volunteers, and workers in a disaster 
area, as ordered reported by the Senate Committee on 
Environment and Public Works on November 8, 2001. That bill is 
very similar to the provisions in S. 2664 related to monitoring 
harmful substances at disaster sites, and the cost estimates 
for those provisions are the same.

Estimate Prepared By: Federal Costs: Rachel Milberg; Impact on 
State, Local, and Tribal Governments: Leo Lex; Impact on the 
Private Sector: Lauren Marks.

Estimate Approved By: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                  ADDITIONAL VIEWS OF SENATOR CLINTON

    Since September 11, our entire world has changed: all 
Americans have been called on to become vigilant in their every 
day lives and although the terrorists responsible for the 
attacks targeted two cities, communities across the country, 
thousands of miles away from Ground Zero, now find themselves 
on the front lines in the war against terrorism here at home. 
Along with this new responsibility comes a heavy burden that 
these communities should not be forced to shoulder alone.
    That is why I support S. 2664, the ``First Responder 
Terrorism Act of 2002.'' I believe S. 2664 is a strong step in 
the right direction in getting additional financial support to 
our States, cities, towns, counties, and first responders--
those who have the primary responsibility for protecting our 
communities across the America. The $3.5 billion authorized 
under the bill for fiscal years 2003 through 2006 will help our 
communities and first responders secure the strongest homeland 
defense possible.
    I am also pleased that during the Environment and Public 
Works Committee's consideration of S. 2664, Chairman James M. 
Jeffords and Ranking Member Bob Smith accepted three amendments 
I offered to the bill that were designed to address, in part, 
issues of first responder health and safety, the speed with 
which Federal assistance under S. 2664 is given to local 
communities, and coordination among first responder programs.
    Recognizing that the health and safety of our first 
responders is paramount, the first of the three amendments 
accepted provides for outreach, education, protection, and 
monitoring of the health and safety of first responders exposed 
to harmful substances in the event of a disaster. As we have 
been learning from the experience of first responders at Ground 
Zero, exposure to asbestos, particle matter, and other airborne 
pollutants can cause short-term health effects and may lead to 
long-term injury. We have a moral obligation to track the 
health of first responders and provide them with information 
and assistance in receiving treatment so that they can 
maintain, or regain, their good health.
    Although I believe that local communities should receive 
Federal assistance from the Federal Government directly, rather 
than as a pass through from the States, the second amendment 
that was accepted is designed to increase the speed and 
efficiency with which States will pass through the Federal 
assistance under S. 2664 to our cities, towns, counties, and 
first responders across the country. Specifically, this 
amendment requires States to allocate and pass through the 
Federal assistance to local communities within 45 days of the 
date the States receive the funds from the Federal Government. 
States must coordinate with local governments and local 
entities in doing so. The amendment also requires States to 
allocate the Federal assistance to local governments and local 
entities in accordance with criteria established by the 
Director of the Federal Emergency Management Agency (FEMA); the 
same criteria FEMA will use in allocating Federal assistance to 
the States.
    The third amendment directs the FEMA Director to coordinate 
with the United States Attorney General regarding the COPS 
Program in implementing the provisions of S. 2664. This 
language is consistent with language that was in the bill, as 
introduced, which requires the FEMA Director to coordinate with 
the Administrator of the U.S. Fire Administration on key 
programs like the Assistance to Firefighters program (also 
referred to as the FIRE Act grants). As we move forward with 
improving our homeland defense, coordination will be key and I 
believe this amendment will be helpful in that regard.
    Although there are many good provisions in S. 2664, I 
nevertheless have four major concerns that I hope can still be 
addressed. First, I believe strongly that cities and counties 
should receive homeland security funding directly from the 
Federal Government and not as a pass through from the States.
    Second, States and local communities should be permitted to 
use at least a portion of the homeland security assistance 
received for first responder personnel costs, including 
overtime. Third, we in Congress should support, not penalize, 
communities that took the initiative in the aftermath of 
September 11--and significantly improved the security in their 
communities--by enabling those communities to use a portion of 
Federal assistance authorized by this bill to pay for homeland-
security costs that were incurred after September 11, but 
before enactment of this legislation.
    Finally, the 25 percent matching requirement for States and 
local communities that seek Federal assistance will be too 
large for many communities that are financially distressed. The 
bill currently has no provision that would enable such 
communities, regardless of size, to seek a waiver of the 
matching requirement.
    These concerns, discussed in greater detail below, are 
based upon dozens of conversations I have had with mayors, 
county executives, and first responders in New York and across 
the country, and upon the testimony of local government leaders 
and first responders who have appeared before the EPW Committee 
and other congressional committees.
Direct Funding to Local Communities
    Although our States must play a critically important role 
in coordinating local, statewide, and regional homeland 
security efforts, effective homeland security requires that 
resources be sent directly to those communities on the front 
lines. Federal homeland security funds should be provided to 
local communities directly because, since September 11, our 
local communities have borne, and continue to bear, the most 
significant security burdens. They should therefore receive 
Federal assistance as quickly and efficiently as possible. See 
National League of Cities (NLC) Resolution 2002-01 
(``[M]unicipalities have taken a direct role in national 
defense which was previously assumed to be a Federal 
responsibility.'').
    When disaster strikes in any community, citizens usually 
don't call the White House, the Congress, or even a Federal or 
State agency; instead they call 911 and the local first 
responders come to the rescue. Indeed, a guiding principle of 
the Gilmore Commission is that ``[a]ll terrorist incidents are 
local or at least will start that way. Effective response and 
recovery can only be achieved with the recognition that local 
responders are the first line of defense . . . .'' The Advisory 
Panel to Assess Domestic Response Capabilities for Terrorism 
Involving Weapons of Mass Destruction (the ``Gilmore 
Commission''), December 2001.
    That local communities would receive funding more quickly 
and efficiently by receiving Federal funding directly, 
particularly when the funding is by formula, rather than as a 
pass-through from the States, is irrefutable. That is why the 
U.S. Conference of Mayors, National League of Cities, National 
Association of Counties, and first responders across the 
country support direct funding to local communities. See, e.g., 
Cities United for Science Progress (CUSP), Partnership of U.S. 
Conference of Mayors and DuPont, Emergency Preparedness Survey 
(January 2002), at p. 11 (finding that vast majority of mayors 
believe that emergency preparedness funding for their 
respective cities would be hampered by having Federal funds go 
to the States instead of directly to cities); March 12, 2002 
Testimony of Fire Chief Ed Wilson, city of Portland, Oregon 
before the Senate Committee on Environment and Public Works; 
March 12, 2002 Testimony of Michael E. O'Neil, Chief Engineer, 
South Burlington Fire Department, before the Senate Committee 
on Environment and Public Works (disagreeing with Bush 
Administration's position that funding should go to the States 
and not directly to local governments). As Fire Chief Ed Wilson 
of Portland testified, the Community Development Block Grant 
Program is an ``excellent model'' for dispersing first 
responder funds because ``[i]t would allow Federal funding to 
go directly to cities . . . This model . . . . would avoid 
unnecessary delays in getting funding to local communities who 
need it now.''
    With respect to S. 2664, the concern about the speed with 
which local communities receive funding from the States was 
addressed in part by the adoption of the amendment I offered 
that requires States to pass through funds to local communities 
within 45 days of the date the States receive funding from the 
Federal Government. Unfortunately, however, that amendment 
cannot resolve the more fundamental issue of how long it will 
take FEMA to allocate funds to the States, particularly since 
S. 2664 contains no formulas for allocating funds, but instead 
leaves it to FEMA to determine the allocation of funds to the 
States based on a broad set of criteria. Such a construct is 
unusual. See Eugene Boyd and Ben Canada, ``Block Grants: An 
Overview,'' Congressional Research Service, January 26, 2001 
(``For most block grants, such as the Community Development 
Block Grant, Congress prescribes formulas in the authorizing 
legislation for distributing the funds. For a few grants, 
Congress gives authority for the method for distribution of 
funds to Federal executive agencies.'').
    It is my sincere hope that as we further consider S. 2664 
that at least a portion of the Federal assistance will be 
allocated directly, by formula, to local communities to ensure 
that these communities receive desperately needed funding as 
quickly and as efficiently as possible. I believe it critically 
important that our local communities receive Federal assistance 
quickly because when it comes to securing a strong homeland 
defense, time is of the essence.
First Responder Personnel Costs
    Any legislation whose purpose is to support first 
responders should provide adequate flexibility to local 
communities to use block grant funds for first responder 
personnel costs. That is why I strongly believe that S. 2664 
should contain language that permits States and local 
communities to use at least a portion of Federal assistance 
received to cover first responder personnel costs, including 
overtime. S. 2664 explicitly states, however, that the Federal 
assistance provided in the bill cannot be used for first 
responder compensation. (Federal assistance ``shall not be used 
to provide compensation to first responders [including payment 
for overtime.]'').
    Allowing at least a portion of funds to be used for first 
responder personnel costs is important because those costs, 
particularly overtime costs, are part and parcel of first 
responder training. Not only do more experienced first 
responders work overtime to train less experienced first 
responders, but local communities also incur overtime costs 
when they must use additional first responder personnel to 
protect residents while training takes place. See July 30, 2002 
testimony of Chief Michael Maglione of the Bridgeport, 
Connecticut Fire Department and on behalf of the International 
Association of Fire Chiefs (IAFC) before the Subcommittee on 
National Security, Veterans Affairs, and International 
Relations of the House Committee on Government Reform.
    Funding first responder personnel costs is also important 
because central to our homeland defense are the men and women 
who serve as our fire fighters, police officers, and emergency 
service personnel. Since September 11, we as a Nation have 
required more and more of our first responders in terms of 
training and preparedness and their jobs have become 
increasingly dangerous, even as they face local budget cuts, 
closings of police precincts and fire houses, and layoffs of 
their fellow first responders.
    Although FEMA Director Joe M. Allbaugh testified before the 
EPW Committee during its March 12, 2002 hearing that he did not 
believe that paying first responder overtime expenses was a 
Federal Government responsibility, I can think of few Federal 
Government responsibilities that are more important than 
ensuring that our State and local communities have the first 
responder personnel that are vital to protecting our citizens. 
Presumably, that is why Homeland Security Director Ridge has 
indicated that he would be supportive of a provision that would 
permit local communities to use a percentage of their Federal 
assistance received for personnel costs, including overtime. I 
hope that within the Bush Administration, Director Ridge's 
position will prevail and I ask my colleagues to support giving 
States and local communities greater flexibility in using 
Federal homeland security assistance, including using a portion 
of the funds received for first responder personnel costs.
Retroactivity
    S. 2664 has been interpreted to prohibit States and local 
communities from using Federal funds to cover expenses that 
were incurred before enactment. Such a policy penalizes those 
communities that took the initiative after September 11 in 
purchasing equipment, conducting training, and the like to 
improve the security in their communities. Accordingly, as we 
further consider S. 2664, I encourage my colleagues to support 
a provision that would permit States and local communities to 
use a portion of Federal assistance received to cover homeland 
security expenses incurred after January 1 of this year.
Matching Requirement
    Given the current state of our economy and the tremendous 
additional homeland security burdens that cities, counties, and 
States have borne since September 11, significant local matches 
of Federal homeland security funding are burdens that many of 
our distressed communities should not have to bear. This is so 
because if a significant match is required, first responder 
funds ``will only go to those agencies and governments that can 
fiscally afford the match and not necessarily where the need is 
the greatest.'' March 12, 2002 Testimony of Woodbury P. Fogg, 
P.E. on behalf of the National Emergency Management Association 
before the Senate Committee on Environment and Public Works. 
See generally U. S. Government Accounting Office, ``National 
Preparedness: Integration of Federal, State, Local, and Private 
Sector Efforts Is Critical to an Effective National Strategy 
for Homeland Security,'' GAO-02-621T, April 10, 2002 Testimony 
before the House Subcommittee on Economic Development, Public 
Buildings, and Emergency Management, Committee on 
Transportation and Infrastructure, at p. 18 (noting 
distribution formula for homeland security block grants could 
be based on several considerations, including the State or 
local government's capacity to respond to a disaster and that 
capacity depends on a number of factors, ``the most important 
of which perhaps is the underlying strength of the State's tax 
base and whether that base is expanding or is in decline'').
    S. 2664 provides for a maximum State or local match of 
twenty-five percent of the Federal assistance received. Not 
only is this matching requirement too large, but the bill also 
contains no provision that would enable distressed communities, 
regardless of their size, to seek a waiver of the matching 
requirement. See generally ``Protecting Our Nation: The 
American Fire Service Position Paper on the Department of 
Homeland Security,'' p.3.
    In short, under S. 2664, many communities that are most in 
need of Federal homeland security funding assistance may be 
least able to receive it. This can be rectified, however, by 
reducing the matching requirement to 10 percent and permitting 
distressed communities to seek a waiver of that requirement. 
These amendments to
    S. 2664 should enable even the most distressed community to 
obtain Federal assistance to improve the level of security for 
that community and its citizens.
    In conclusion, just as our Federal Government pays for 
defense overseas, it is our duty to fund our defense at home. 
Indeed, Article 4, Section 4 of our Constitution reads: ``The 
United States shall guarantee to every State in this Union a 
Republican Form of Government, and shall protect each of them 
against Invasion . . .'' By providing our communities with the 
resources and tools they need to respond to the national call 
for heightened security, we will have a better-prepared home 
front and a stronger America.
    I look forward to continuing to work with Chairman 
Jeffords, Ranking Member Smith, and other members of the 
Environment and Public Works Committee and Senate to address 
these issues so that we may have the strongest homeland defense 
possible.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:
                              ----------                              

  THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

     [The former Disaster Relief Act of 1974; 42 U.S.C. 5121-5205]

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Robert T. Stafford Disaster 
Relief and Emergency Assistance Act''.

           *       *       *       *       *       *       *

                              DEFINITIONS

    Sec. 102. As used in this Act--
            (1) * * *

           *       *       *       *       *       *       *

            (2) Major disaster.--``Major disaster'' means any 
        natural catastrophe (including any hurricane, tornado, 
        storm, high water, winddriven water, tidal wave, 
        tsunami, earthquake, volcanic eruption, landslide, 
        mudslide, snowstorm, or drought incident of terrorism), 
        or, regardless of cause, any fire, flood, or explosion, 
        in any part of the United States, which in the 
        determination of the President causes damage of 
        sufficient severity and magnitude to warrant major 
        disaster assistance under this Act to supplement the 
        efforts and available resources of States, local 
        governments, and disaster relief organizations in 
        alleviating the damage, loss, hardship, or suffering 
        caused thereby.

           *       *       *       *       *       *       *

SEC. 602. DEFINITIONS.

    (a) Definitions.--For purposes of this title only:
            (1) * * *

           *       *       *       *       *       *       *

            (11) Weapon of mass destruction.--The term `weapon 
        of mass destruction' has the meaning given the term in 
        section 2302 of title 50, United States Code.

           *       *       *       *       *       *       *

SEC. 614. REQUIREMENT FOR STATE MATCHING FUNDS FOR CONSTRUCTION OF 
                    EMERGENCY OPERATING CENTERS.

    Notwithstanding any other provision of this title, funds 
appropriated to carry out this title (other than section 630) 
may not be used for the purpose of constructing emergency 
operating centers (or similar facilities) in any State unless 
such State matches in an equal amount the amount made available 
to such State under this title (other than section 630) for 
such purpose.

           *       *       *       *       *       *       *

SEC. 616. OFFICE OF NATIONAL PREPAREDNESS.

    (a) In General.--There is established in the Federal 
Emergency Management Agency an office to be known as the 
`Office of National Preparedness' (referred to in this section 
as the `Office').
    (b) Appointment of Associate Director.--
            (1) In general.--The Office shall be headed by an 
        Associate Director, who shall be appointed by the 
        President, by and with the advice and consent of the 
        Senate.
            (2) Compensation.--The Associate Director shall be 
        compensated at the annual rate of basic pay prescribed 
        for level IV of the Executive Schedule under section 
        5315 of title 5, United States Code.
    (c) Duties.--The Office shall--
            (1) lead a coordinated and integrated overall 
        effort to build viable terrorism preparedness and 
        response capability at all levels of government;
            (2) establish clearly defined standards and 
        guidelines for Federal, State, tribal, and local 
        government terrorism preparedness and response;
            (3) establish and coordinate an integrated 
        capability for Federal, State, tribal, and local 
        governments and emergency responders to plan for and 
        address potential consequences of terrorism;
            (4) coordinate provision of Federal terrorism 
        preparedness assistance to State, tribal, and local 
        governments;
            (5) establish standards for a national, 
        interoperable emergency communications and warning 
        system;
            (6) establish standards for training of first 
        responders (as defined in section 630(a)), and for 
        equipment to be used by first responders, to respond to 
        incidents of terrorism, including incidents involving 
        weapons of mass destruction; and
            (7) carry out such other related activities as are 
        approved by the Director.
    (d) Designation of Regional Contacts.--The Associate 
Director shall designate an officer or employee of the Federal 
Emergency Management Agency in each of the 10 regions of the 
Agency to serve as the Office contact for the States in that 
region.
    (e) Use of Existing Resources.--In carrying out this 
section, the Associate Director shall--
            (1) to the maximum extent practicable, use existing 
        resources, including planning documents, equipment 
        lists, and program inventories; and
            (2) consult with and use--
                    (A) existing Federal interagency boards and 
                committees;
                    (B) existing government agencies; and
                    (C) nongovernmental organizations.

           *       *       *       *       *       *       *

SEC. 626. AUTHORIZATION OF APPROPRIATIONS AND TRANSFERS OF FUNDS.

    [(a) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to carry out 
the provisions of this title.]
    (a) Authorization of Appropriations.--
            (1) In general.--There are authorized to be 
        appropriated such sums as are necessary to carry out 
        this title (other than sections 630 and 632).
            (2) Preparedness assistance for first responders.--
        There are authorized to be appropriated to carry out 
        section 630--
                    (A) $3,340,000,000 for fiscal year 2003; 
                and
                    (B) $3,458,000,000 for each of fiscal years 
                2004 through 2006.
            (3) Urban search and rescue task forces.--
                    (A) In general.--There are authorized to be 
                appropriated to carry out section 632--
                            (i) $160,000,000 for fiscal year 
                        2003; and
                            (ii) $42,000,000 for each of fiscal 
                        years 2004 through 2006.
                    (B) Availability of amounts.--Amounts made 
                available under subparagraph (A) shall remain 
                available until expended.

           *       *       *       *       *       *       *

SEC. 630. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

    (a) Definitions.--In this section:
            (1) Director.--The term `Director' means the 
        Director of the Federal Emergency Management Agency, 
        acting through the Office of National Preparedness 
        established by section 616.
            (2) First responder.--The term `first responder' 
        means--
                    (A) fire, emergency medical service, and 
                law enforcement personnel; and
                    (B) such other personnel as are identified 
                by the Director.
            (3) Local entity.--The term `local entity' has the 
        meaning given the term by regulation promulgated by the 
        Director.
            (4) Program.--The term `program' means the program 
        established under subsection (b).
    (b) Program To Provide Assistance.--
            (1) In general.--The Director shall establish a 
        program to provide assistance to States to enhance the 
        ability of State and local first responders to respond 
        to incidents of terrorism, including incidents 
        involving weapons of mass destruction.
            (2) Federal share.--The Federal share of the costs 
        eligible to be paid using assistance provided under the 
        program shall be not less than 75 percent, as 
        determined by the Director.
            (3) Forms of assistance.--Assistance provided under 
        paragraph (1) may consist of--
                    (A) grants; and
                    (B) such other forms of assistance as the 
                Director determines to be appropriate.
    (c) Uses of Assistance.--Assistance provided under 
subsection (b)--
            (1) shall be used--
                    (A) to purchase, to the maximum extent 
                practicable, interoperable equipment that is 
                necessary to respond to incidents of terrorism, 
                including incidents involving weapons of mass 
                destruction;
                    (B) to train first responders, consistent 
                with guidelines and standards developed by the 
                Director;
                    (C) in consultation with the Director, to 
                develop, construct, or upgrade terrorism 
                preparedness training facilities;
                    (D) to develop, construct, or upgrade 
                emergency operating centers;
                    (E) to develop preparedness and response 
                plans consistent with Federal, State, and local 
                strategies, as determined by the Director;
                    (F) to provide systems and equipment to 
                meet communication needs, such as emergency 
                notification systems, interoperable equipment, 
                and secure communication equipment;
                    (G) to conduct exercises; and
                    (H) to carry out such other related 
                activities as are approved by the Director; and
            (2) shall not be used to provide compensation to 
        first responders (including payment for overtime).
    (d) Allocation of Funds.--For each fiscal year, in 
providing assistance under subsection (b), the Director shall 
make available--
            (1) to each of the District of Columbia, Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands, 
        $3,000,000; and
            (2) to each State (other than a State specified in 
        paragraph (1))--
                    (A) a base amount of $15,000,000; and
                    (B) a percentage of the total remaining 
                funds made available for the fiscal year based 
                on criteria established by the Director, such 
                as--
                            (i) population;
                            (ii) location of vital 
                        infrastructure, including--
                                    (I) military installations;
                                    (II) public buildings (as 
                                defined in section 13 of the 
                                Public Buildings Act of 1959 
                                (40 U.S.C. 612));
                                    (III) nuclear power plants;
                                    (IV) chemical plants; and
                                    (V) national landmarks; and
                            (iii) proximity to international 
                        borders.
    (e) Provision of Funds to Local Governments and Local 
Entities.--
            (1) In general.--For each fiscal year, not less 
        than 75 percent of the assistance provided to each 
        State under this section shall be provided to local 
        governments and local entities within the State.
            (2) Allocation of funds.--Under paragraph (1), a 
        State shall allocate assistance to local governments 
        and local entities within the State in accordance with 
        criteria established by the Director, such as the 
        criteria specified in subsection (d)(2)(B).
            (3) Deadline for provision of funds.--Under 
        paragraph (1), a State shall provide all assistance to 
        local government and local entities not later than 45 
        days after the date on which the State receives the 
        assistance.
            (4) Coordination.--Each State shall coordinate with 
        local governments and local entities concerning the use 
        of assistance provided to local governments and local 
        entities under paragraph (1).
    (f) Administrative Expenses.--
            (1) Director.--For each fiscal year, the Director 
        may use to pay salaries and other administrative 
        expenses incurred in administering the program not more 
        than the lesser of--
                    (A) 5 percent of the funds made available 
                to carry out this section for the fiscal year; 
                or
                    (B)(i) for fiscal year 2003, $75,000,000; 
                and
                    (ii) for each of fiscal years 2004 through 
                2006, $50,000,000.
            (2) Recipients of assistance.--For each fiscal 
        year, not more than 10 percent of the funds retained by 
        a State after application of subsection (e) may be used 
        to pay salaries and other administrative expenses 
        incurred in administering the program.
    (g) Maintenance of Expenditures.--The Director may provide 
assistance to a State under this section only if the State 
agrees to maintain, and to ensure that each local government 
that receives funds from the State in accordance with 
subsection (e) maintains, for the fiscal year for which the 
assistance is provided, the aggregate expenditures by the State 
or the local government, respectively, for the uses described 
in subsection (c)(1) at a level that is at or above the average 
annual level of those expenditures by the State or local 
government, respectively, for the 2 fiscal years preceding the 
fiscal year for which the assistance is provided.
    (h) Reports.--
            (1) Annual report to the director.--As a condition 
        of receipt of assistance under this section for a 
        fiscal year, a State shall submit to the Director, not 
        later than 60 days after the end of the fiscal year, a 
        report on the use of the assistance in the fiscal year.
            (2) Exercise and report to congress.--As a 
        condition of receipt of assistance under this section, 
        not later than 3 years after the date of enactment of 
        this section, a State shall--
                    (A) conduct an exercise, or participate in 
                a regional exercise, approved by the Director, 
                to measure the progress of the State in 
                enhancing the ability of State and local first 
                responders to respond to incidents of 
                terrorism, including incidents involving 
                weapons of mass destruction; and
                    (B) submit a report on the results of the 
                exercise to--
                            (i) the Committee on Environment 
                        and Public Works and the Committee on 
                        Appropriations of the Senate; and
                            (ii) the Committee on 
                        Transportation and Infrastructure and 
                        the Committee on Appropriations of the 
                        House of Representatives.
    (i) Coordination.--
            (1) With federal agencies.--The Director shall, as 
        necessary, coordinate the provision of assistance under 
        this section with activities carried out by--
                    (A) the Administrator of the United States 
                Fire Administration in connection with the 
                implementation by the Administrator of the 
                assistance to firefighters grant program 
                established under section 33 of the Federal 
                Fire Prevention and Control Act of 1974 (15 
                U.S.C. 2229) (as added by section 1701(a) of 
                the Floyd D. Spence National Defense 
                Authorization Act for Fiscal Year 2001 (114 
                Stat. 1654, 1654A-360));
                    (B) the Attorney General, in connection 
                with the implementation of the Community 
                Oriented Policing Services (COPS) Program 
                established under section 1701(a) of the 
                Omnibus Crime Control and Safe Streets Act of 
                1968 (42 U.S.C. 3796dd(a)); and
                    (C) other appropriate Federal agencies.
            (2) With indian tribes.--In providing and using 
        assistance under this section, the Director and the 
        States shall, as appropriate, coordinate with--
                    (A) Indian tribes (as defined in section 4 
                of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b)) and other 
                tribal organizations; and
                    (B) Native villages (as defined in section 
                3 of the Alaska Native Claims Settlement Act 
                (43 U.S.C. 1602)) and other Alaska Native 
                organizations.

SEC. 631. PROTECTION OF HEALTH AND SAFETY OF FIRST RESPONDERS.

    (a) Definitions.--In this section:
            (1) First responder.--The term `first responder' 
        has the meaning given the term in section 630(a).
            (2) Harmful substance.--The term `harmful 
        substance' means a substance that the President 
        determines may be harmful to human health.
            (3) Program.--The term `program' means a program 
        described in subsection (b)(1).
    (b) Program.--
            (1) In general.--If the President determines that 1 
        or more harmful substances are being, or have been, 
        released in an area that the President has declared to 
        be a major disaster area under this Act, the President 
        shall carry out a program with respect to the area for 
        the protection, assessment, monitoring, and study of 
        the health and safety of first responders.
            (2) Activities.--A program shall include--
                    (A) collection and analysis of 
                environmental and exposure data;
                    (B) development and dissemination of 
                educational materials;
                    (C) provision of information on releases of 
                a harmful substance;
                    (D) identification of, performance of 
                baseline health assessments on, taking 
                biological samples from, and establishment of 
                an exposure registry of first responders 
                exposed to a harmful substance;
                    (E) study of the long-term health impacts 
                of any exposures of first responders to a 
                harmful substance through epidemiological 
                studies; and
                    (F) provision of assistance to participants 
                in registries and studies under subparagraphs 
                (D) and (E) in determining eligibility for 
                health coverage and identifying appropriate 
                health services.
            (3) Participation in registries and studies.--
                    (A) In general.--Participation in any 
                registry or study under subparagraph (D) or (E) 
                of paragraph (2) shall be voluntary.
                    (B) Protection of privacy.--The President 
                shall take appropriate measures to protect the 
                privacy of any participant in a registry or 
                study described in subparagraph (A).
            (4) Cooperative agreements.--The President may 
        carry out a program through a cooperative agreement 
        with a medical or academic institution, or a consortium 
        of such institutions, that is--
                    (A) located in close proximity to the major 
                disaster area with respect to which the program 
                is carried out; and
                    (B) experienced in the area of 
                environmental or occupational health and 
                safety, including experience in--
                            (i) conducting long-term 
                        epidemiological studies;
                            (ii) conducting long-term mental 
                        health studies; and
                            (iii) establishing and maintaining 
                        environmental exposure or disease 
                        registries.
    (c) Reports and Responses to Studies.--
            (1) Reports.--Not later than 1 year after the date 
        of completion of a study under subsection (b)(2)(E), 
        the President, or the medical or academic institution 
        or consortium of such institutions that entered into 
        the cooperative agreement under subsection (b)(4), 
        shall submit to the Director, the Secretary of Health 
        and Human Services, the Secretary of Labor, and the 
        Administrator of the Environmental Protection Agency a 
        report on the study.
            (2) Changes in procedures.--To protect the health 
        and safety of first responders, the President shall 
        make such changes in procedures as the President 
        determines to be necessary based on the findings of a 
        report submitted under paragraph (1).

SEC. 632. URBAN SEARCH AND RESCUE TASK FORCES.

    (a) Definitions.--In this section:
            (1) Urban search and rescue equipment.--The term 
        `urban search and rescue equipment' means any equipment 
        that the Director determines to be necessary to respond 
        to a major disaster or emergency declared by the 
        President under this Act.
            (2) Urban search and rescue task force.--The term 
        `urban search and rescue task force' means any of the 
        28 urban search and rescue task forces designated by 
        the Director as of the date of enactment of this 
        section.
    (b) Assistance.--
            (1) Mandatory grants for costs of operations.--For 
        each fiscal year, of the amounts made available to 
        carry out this section, the Director shall provide to 
        each urban search and rescue task force a grant of not 
        less than $1,500,000 to pay the costs of operations of 
        the urban search and rescue task force (including costs 
        of basic urban search and rescue equipment).
            (2) Discretionary grants.--The Director may provide 
        to any urban search and rescue task force a grant, in 
        such amount as the Director determines to be 
        appropriate, to pay the costs of--
                    (A) operations in excess of the funds 
                provided under paragraph (1);
                    (B) urban search and rescue equipment;
                    (C) equipment necessary for an urban search 
                and rescue task force to operate in an 
                environment contaminated or otherwise affected 
                by a weapon of mass destruction;
                    (D) training, including training for 
                operating in an environment described in 
                subparagraph (C);
                    (E) transportation;
                    (F) expansion of the urban search and 
                rescue task force; and
                    (G) incident support teams, including costs 
                of conducting appropriate evaluations of the 
                readiness of the urban search and rescue task 
                force.
            (3) Priority for funding.--The Director shall 
        distribute funding under this subsection so as to 
        ensure that each urban search and rescue task force has 
        the capacity to deploy simultaneously at least 2 teams 
        with all necessary equipment, training, and 
        transportation.
    (c) Grant Requirements.--The Director shall establish such 
requirements as are necessary to provide grants under this 
section.
    (d) Establishment of Additional Urban Search and Rescue 
Task Forces.--
            (1) In general.--Subject to paragraph (2), the 
        Director may establish urban search and rescue task 
        forces in addition to the 28 urban search and rescue 
        task forces in existence on the date of enactment of 
        this section.
            (2) Requirement of full funding of existing urban 
        search and rescue task forces.--Except in the case of 
        an urban search and rescue task force designated to 
        replace any urban search and rescue task force that 
        withdraws or is otherwise no longer considered to be an 
        urban search and rescue task force designated by the 
        Director, no additional urban search and rescue task 
        forces may be designated or funded until the 28 urban 
        search and rescue task forces are able to deploy 
        simultaneously at least 2 teams with all necessary 
        equipment, training, and transportation.

                                  
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