29–006 

108TH CONGRESS REPT. 108–460 " ! HOUSE OF REPRESENTATIVES 2d Session Part 2 

FASTER AND SMARTER FUNDING FOR FIRST 

RESPONDERS ACT OF 2004 

JUNE 14, 2004.—Ordered to be printed 

Mr. BARTON of Texas, from the Committee on Energy and 

Commerce, submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 3266] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, 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, reports favorably thereon with an 

amendment and recommends that the bill as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Purpose and Summary ............................................................................................ 13 

Background and Need for Legislation .................................................................... 13 

Hearings ................................................................................................................... 13 

Committee Consideration ........................................................................................ 13 

Committee Votes ...................................................................................................... 14 

Committee Oversight Findings ............................................................................... 14 

Statement of General Performance Goals and Objectives .................................... 14 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 14 

Committee Cost Estimate ....................................................................................... 14 

Congressional Budget Office Estimate ................................................................... 14 

Federal Mandates Statement ................................................................................. 17 

Advisory Committee Statement .............................................................................. 17 

Constitutional Authority Statement ...................................................................... 17 

Applicability to Legislative Branch ........................................................................ 17 

Section-by-Section Analysis of the Legislation ...................................................... 17 

Changes in Existing Law Made by the Bill, as Reported ..................................... 24 

Dissenting Views ..................................................................................................... 39 

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AMENDMENT

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. Covered grant eligibility and criteria. 

‘‘1804. Use of funds and accountability requirements. 

‘‘1805. National standards for first responder equipment and training. 

‘‘1806. 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. 

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(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. Covered grant eligibility and criteria. 

‘‘1804. Use of funds and accountability requirements. 

‘‘1805. National standards for first responder equipment and training. 

‘‘1806. 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.—For purposes of covered grants, the Secretary shall establish clearly defined essential capabilities for State and local government preparedness for terrorism, in consultation with— 

‘‘(A) 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; 

‘‘(B) other appropriate Federal agencies; 

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‘‘(C) State and local first responder agencies and officials; and 

‘‘(D) groups responsible for setting standards relevant to the first responder community. 

‘‘(2) DEADLINES.—The Secretary shall— 

‘‘(A) establish essential capabilities under paragraph (1) not later than 

120 days after the date of the enactment of this section; 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. COVERED GRANT ELIGIBILITY AND CRITERIA. 

‘‘(a) GRANT ELIGIBILITY.—Any State or region shall be eligible to apply for a covered grant. 

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‘‘(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; 

‘‘(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 1804(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 1804(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 simultaVerDate May 21 2004 06:47 Jun 15, 2004 Jkt 029006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6621 E:\HR\OC\HR460P2.XXX HR460P2
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neously 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 1805(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. 1804. 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; 

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‘‘(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 interoperable communications equipment (which, where applicable, is based on national, voluntary consensus standards) that the Secretary, in consultation with the Chairman of the Federal Communications Commission, deems best suited to facilitate interoperability, coordination, and integration between and among emergency communications systems, and that complies with prevailing grant guidance of the Department for 

interoperable communications; 

‘‘(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 ageappropriate skills to prepare for and respond to an act of terrorism; and 

‘‘(13) other appropriate activities as determined by the Secretary. 

‘‘The costs of training described in this subsection include such costs for full-time, 

part-time, and volunteer first responders. 

‘‘(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 peVerDate May 21 2004 06:47 Jun 15, 2004 Jkt 029006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6621 E:\HR\OC\HR460P2.XXX HR460P2
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riod 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 grantrelated 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 

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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. 1805. 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 1803(e)(6). Such standards— 

‘‘(A) shall be, to the maximum extent practicable, consistent with any existing voluntary consensus standards; 

10 

‘‘(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; 

‘‘(11) the International Safety Equipment Association; and 

‘‘(12) 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. 

11 

‘‘(d) COORDINATION WITH SECRETARY OF HHS.—In establishing any national voluntary consensus standards under this section for first responder equipment or 

training that involve or relate to public health professionals, including emergency 

medical professionals, the Secretary shall coordinate activities under this section 

with the Secretary of Health and Human Services. 

‘‘SEC. 1806. DEFINITIONS. 

‘‘In this title: 

‘‘(1) BOARD.—The term ‘Board’ means the First Responder Grants Board established under section 1803(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 multiState entity established by a compact between two or more States; and 

‘‘(ii) the incorporated municipalities, counties, and parishes which 

they encompass. 

‘‘(6) FIRST RESPONDER.—The term ‘first responder’ shall have the same meaning as the term ‘emergency response provider’.’’. 

(b) DEFINITION OF EMERGENCY RESPONSE PROVIDERS.—Paragraph (6) of section 2 

of the Homeland Security Act of 2002 (Public Law 107–296; 6 U.S.C. 101(6)) is 

amended by striking ‘‘includes’’ and all that follows and inserting ‘‘includes Federal, 

State, and local governmental and nongovernmental emergency public safety, law 

enforcement, fire, emergency response, emergency medical (including hospital emergency facilities), and related personnel, organizations, agencies, and authorities.’’. 

(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 1803. 

(2) Subparagraphs (D) and (E) of section 1804(e)(4). 

(3) Section 1804(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 

12 

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, with respect to functions of the Department 

of Homeland Security, 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 interoperable emergency communications systems and radios should continue to be deployed as soon 

as practicable for use by the first responder community, and that upgraded and new 

digital communications systems and new digital radios must meet prevailing national, voluntary consensus standards for interoperability. 

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. 

(a) IN GENERAL.—For the purpose of making covered grants (as that term is defined in section 1806 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. 

(b) METROPOLITAN MEDICAL RESPONSE SYSTEM.—In addition to the purpose specified in subsection (a), the authorization of appropriations in subsection (a) may be 

used for the Metropolitan Medical Response System. 

13 

PURPOSE AND SUMMARY

H.R. 3266, the Faster and Smarter Funding for First Responders 

Act of 2004, reforms 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

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. Setting out ‘‘essential capabilities’’, measurable objectives, and standards will further assist in formulating procurement 

and resource allocation priorities, and provide for more timely and 

better uses of funds. DHS terrorism preparedness grant funds currently are allocated to each state based on formulas that were established immediately after September 11, 2001. Allocations to 

states and qualifying regions based on a comprehensive risk analysis will ensure a strong relationship between the risks first responders may address and the specific funding under these programs. 

HEARINGS

The Subcommittee on Health held a hearing on H.R. 3266, the 

Faster and Smarter Funding for First Responders Act of 2004, on 

Tuesday, May 11, 2004. The Subcommittee received testimony 

from: the Honorable Chris Cox, Chairman, Select Committee on 

Homeland Security, U.S. House of Representatives; Mr. Andrew T. 

Mitchell, Deputy Director, Office of Domestic Preparedness, U.S. 

Department of Homeland Security; and, Mr. William Raub, Acting 

Assistant Secretary for Planning and Evaluation, U.S. Department 

of Health and Human Services. 

COMMITTEE CONSIDERATION

On Thursday, June 3, 2004, the Full Committee met in open 

markup session and ordered H.R. 3266 reported to the House, as 

amended, by voice vote, a quorum being present. 

14 

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. There were no 

record votes taken in connection with ordering H.R. 3266 reported. 

A motion by Mr. Barton to order H.R. 3266 reported to the House, 

as amended was agreed to by a voice vote. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee held a legislative hearing and 

made findings that are reflected in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

H.R. 3266 provides for essential capabilities for grant applicants, 

voluntary standards for equipment and training under such grants, 

and a more flexible set of criteria for prioritizing grant funding for 

Department of Homeland Security grant programs relating to first 

responders. 

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, 

Faster and Smarter Funding for First Responders Act of 2003, 

would result in no new or increased budget authority, entitlement 

authority, or tax expenditures or revenues. 

COMMITTEE COST 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. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 8, 2004. 

Hon. JOE BARTON, Chairman, Committee on Energy and Commerce, 

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. 

15 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Lanette J. Walker. 

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; and costs incurred by state, 

local, or tribal governments would be involuntary. 

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 APPROPPRIATION 

Authorization Level 1 ............................................................................ * 3,400 0 0 0 

Estimated Outlays ............................................................................... * 510 1,020 918 578 

1 The specified authorization in H.R. 3266 would replace an existing (unspecified) authorization of the appropriation of ‘‘such sums as necessary’’ through 2007. 

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 

16 

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 these 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 would also 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. 

17 

On March 30, 2004, CBO transmitted a cost estimate for H.R. 

3266 as ordered reported by the House Select Committee on Homeland Security on March 18, 2004. The language approved by the 

fact that committee and the House Committee on Energy and Commerce are similar the cost estimates are identical. 

Estimate prepared by: Federal Costs: Lanette J. Walker; Impact 

on State, Local, and Tribal Governments: Melissa Merrell; and 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

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

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 

3, which grants Congress the power to regulate commerce with foreign nations, among the several States, and with the Indian tribes. 

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 

Section 1 cites the measure as ‘‘Faster and Smarter Funding for 

First Responders Act of 2004.’’ 

Section 2. Findings 

Section 2 contains the findings for the legislation. 

Section 3. Faster and smarter funding for first responders 

Section 3 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 

Section 1801(a) 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 

18 

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. 

Section 1801(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. 

Section 1802—essential capabilities for first responders. 

Section 1802 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 for purposes of covered grants within 120 days 

of enactment. Essential capabilities are ‘‘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 Committee intends that ‘‘weapons’’ and ‘‘threats’’ may include sabotage or explosive attack on a 

chemical facility intended to produce a chemical release. 

The establishment of essential capabilities for terrorism preparedness will assist communities in making the determination of 

what planning, training, equipment, and other capabilities they require to respond effectively to the specific risks they face. 

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 

they require, and how the attainment of these capabilities should 

be prioritized. The Committee expects that communities in all 

states need a baseline of capabilities. All states may also need to 

participate in responding to threats that arise in other states. Accordingly, all states will need to maintain certain essential capabilities—whether more urban than rural, whether they contain specific terrorist targets, and regardless of populations. 

Section 1802(a) requires the Secretary to consult with other appropriate Federal agencies, state and local first responder agencies 

and officials, and groups responsible for setting standards relevant 

to the first responder community. The Committee also expects the 

Secretary to provide outreach and obtain input from a wide variety 

of organizations representing first responders. The Committee 

notes that the bill reported out of the Select Committee on Homeland Security created a specific task force for this purpose. However, in testimony before the Subcommittee on Health, the Department of Homeland Security stated that this task force would duplicate efforts and responsibilities already existing under the Homeland Security Act’s section 871 advisory committee. Under section 

871, Secretary Ridge created the Homeland Security Advisory 

Council in 2003 as a means of providing the Department with a 

19 

continuing source of advice and comment. The Department believes 

that it would be more effective and efficient to incorporate additional roles and responsibilities into the Department’s current system of task forces and advisory councils, rather than to create new 

advisory mechanisms. 

Similarly, the Department of Health and Human Services outlined numerous unnecessary duplications that would arise from the 

proposed task force and a current interagency Working Group on 

Bioterrorism and Other Public Health Emergencies (the ‘‘Working 

Group’’), authorized by the Public Health Security and Bioterrorism 

Preparedness and Response Act. Among other items, the Working 

Group provides an ‘‘assessment of the priorities for and enhancement of the preparedness of public health institutions, providers of 

medical care, and other emergency service personnel (including 

firefighters) to detect, diagnose, and respond (including mental 

health response) to a biological threat or attack’’ (see section 

319F(a)(1)(F), as added by section 108 of the Public Health Security 

and Bioterrorism Preparedness and Response Act). The Working 

Group, led by the Department of Health and Human Services, is 

also tasked with the ‘‘development and enhancement of the quality 

of joint planning and training programs that address the public 

health and medical consequences of a biological threat or attack on 

the civilian population between (i) local firefighters, ambulance personnel, police and public security officers, or other emergency response personnel (including private response contractors); and (ii) 

hospitals, primary care facilities, and public health agencies.’’ 

The Committee expects the current Working Group to be the primary group to review these issues. The Committee neither intends 

to provide for duplication of these missions, nor to diminish the responsibilities of the Department of Health and Human Services in 

these areas. The Committee expects the Secretary of the Department of Homeland Security to consult with the current Working 

Group. 

Section 1802(c)(2) identifies critical infrastructure sectors the 

Secretary shall consider in establishing essential capabilities for 

first responders. The report of the Select Committee on Homeland 

Security noted that the purpose of this section is to ensure that the 

Secretary considers the different types of threats and 

vulnerabilities relating to all of the nation’s critical infrastructure 

when determining the proper allocation of terrorism preparedness 

grants, and to avoid overlooking critical infrastructure components. 

In this regard, the Committee notes that the critical infrastructure 

sectors of government and defense industrial base include both 

military and nonmilitary defense infrastructure including research 

and development capabilities. 

Section 1803—Grant eligibility and criteria 

Section 1803 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 ComVerDate May 21 2004 06:47 Jun 15, 2004 Jkt 029006 PO 00000 Frm 00019 Fmt 6659 Sfmt 6602 E:\HR\OC\HR460P2.XXX HR460P2
20 

mittee expects that most regions will consist of either multi-state 

or metropolitan jurisdictions. 

H.R. 3266 recognizes the central 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. 

To assist the Secretary in making awards of covered grants, this 

section also creates the First Responder Grant Board. 

Section 1803 also establishes that any state or region shall be eligible to apply for a covered grant. This section also requires that 

state Homeland Security Plans be developed in consultation with 

local governments. The Department testified before the Committee 

that the Homeland Security Funding Task Force created by the 

Secretary includes a representative of tribal governments as well 

as state, county, and municipal officials. The Committee also notes 

that critical infrastructures can and do lie on or adjacent to tribal 

lands, and that tribal governments may have first responder capabilities as understood in the bill that are routinely coordinated with 

other state and local capabilities. In that regard, the Committee 

notes the inclusion of tribal governments in the definition of ‘‘local 

governments’’ within the Homeland Security Act of 2002 applies to 

this bill. The Committee encourages states to include Federally recognized tribal governments in developing State Homeland Security 

Plans and further encourages tribal governments to participate as 

appropriate in State or regional applications for covered grants. 

Section 1803(f)(3)(B) states that the grant programs must seek to 

achieve and enhance essential capabilities throughout the nation 

and that a portion of funds must be available to each approved applicant that the Board determines has demonstrated a valid need. 

Although there are no fixed percentages, the Committee expects 

the Secretary to provide a significant baseline of funding for each 

state. Many threats, such as those involving response to communicable diseases, will know no boundary. Moreover, attacks in one 

state may require the assistance of first responders from other 

states. It is therefore important that there is a baseline capability 

for first responders in all states. 

Section 1804—Use of funds and accountability requirements 

Section 1804 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: (1) purchasing and upgrading of equipment (including 

computer software); (2) exercises and training; (3) developing or updating response plans; (4) establishing or enhancing mechanisms 

for information sharing; (5) systems architecture and engineering, 

program planning and management, and product evaluation; (6) 

21 

personnel costs directly attributable to elevations in the threat 

alert level of the Homeland Security Advisory System; (7) classified 

information receipt and storage costs; (8) upgrading operation centers and hardening critical infrastructures; (9) costs associated with 

the purchase of commercially available equipment that complies 

with national voluntary consensus standards and that facilitates 

interoperability of emergency communications; (10) developing educational curricula for first responders to ensure their preparedness 

for terrorist attacks; and, (11) training and exercises to assist public elementary and secondary schools to develop terrorism preparedness programs. 

A covered grant, however, may not be used to: (1) 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) construct buildings or other physical facilities or acquire land; or, (3) to alleviate any state or local government cost sharing contribution. 

Subsection (a) states that the costs of training include such costs 

for full-time, part-time, and voluntary first responders. The Committee expects the Secretary to ensure that states may include 

part-time and voluntary first responders in this program and that 

steps be taken to ensure there are no unnecessary Federal regulatory or other impediments to the participation of full-time, parttime, and voluntary first responders. The term ‘‘part-time’’ also includes part-paid employees. 

Section 1805—National standards for first responder equipment and training 

Section 1805 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 nonstandard items will be superior. 

Section 1805(a)(10) clarifies the types of communications equipment for which funds will be available under this Act. The equipment must support interoperability among first responders’ emergency communications systems. Such equipment must be based on 

national, voluntary, consensus standards, which will further facilitate interoperability by ensuring that the communications systems 

share a common technological language. 

The Committee intends that containment vessels include mortality containment vessels capable of dealing with casualties resulting from biological, radiological, or chemical contamination. The 

Committee also notes specifically that reliable electrical generating 

equipment will be important for first responders. 

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 soluVerDate May 21 2004 06:47 Jun 15, 2004 Jkt 029006 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\HR460P2.XXX HR460P2
22 

tions 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. 

The Committee intends that section 1805(b)’s training standards 

may include training on how to respond to mass casualty attacks 

by biological, chemical, or radiological contamination. 

In addition to the organizations identified in section 1805(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. 

Paragraph 1805(d) states that in establishing any national voluntary consensus standards under this section for first responder 

equipment or training that involve or relate to public health professionals, including emergency medical professionals, the Secretary 

shall coordinate activities under this section with the Secretary of 

Health and Human Services. This requires concurrence before publication of any such standards. Moreover, the Department of Health 

and Human Services has the primary expertise concerning such 

equipment standards and training. The Committee wants to avoid 

inconsistent standards between the Departments or among different grant programs. 

Section 1806—Definitions 

Section 1806 provides a number of definitions. H.R. 3266 essentially 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 the bill, includes, among other persons and 

entities, non-governmental organizations with assigned responsibilities under domestic preparedness and response incident management plans. Nonetheless, the Committee has amended this definition to make clear the governmental and non-governmental organizations and personnel are included in the definition of ‘‘emergency 

response providers.’’ 

Section 4. Modification of Homeland Security Advisory System 

Section 4 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 

sector-specific warnings issued during the preceding fiscal year. 

23 

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 

Section 5 adds to the duties of the Special Assistant to the Secretary for Private Sector Liaison the responsibility to coordinate industry efforts, with respect to functions of the Department of 

Homeland Security, to identify private sector resources that could 

effectively supplement Federal, state, and local government efforts 

to prevent or respond to terrorist attacks. Nothing in this section 

is intended to expand the authorities of the Department of Homeland Security into areas addressed by other Federal Departments 

or agencies or to suggest that any agency lacks the authority to 

work with the private sector in a similar manner. Nor does the provision provide for any regulatory or other authority. 

Section 6. Superseded provision 

Section 6 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 

Section 7 clarifies that the focus of efforts by DHS and first responders to achieve interoperability among emergency communications systems should be on deploying digital systems and radios. 

Section 8. Sense of Congress regarding Citizen Corps Councils 

Section 8 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. 

24 

Section 9. Study regarding nationwide emergency notification system 

Section 9 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. 

Section 10. Authorization of appropriations 

Section 10 authorizes the Secretary to make covered grants in 

the amount of $3.4 billion for fiscal year 2006. In addition to covered grants, the authorization of appropriations may be used for 

the Metropolitan Medical Response 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. Covered grant eligibility and criteria. 

1804. Use of funds and accountability requirements. 

1805. National standards for first responder equipment and training. 

1806. Definitions. 

SEC. 2. DEFINITIONS. 

In this Act, the following definitions apply: 

(1) * * * 

* * * * * * * 

(6) The term ‘‘emergency response providers’’ øincludes Federal, State, and local emergency public safety, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and 

authorities.¿ includes Federal, State, and local governmental 

and nongovernmental emergency public safety, law enforcement, 

fire, emergency response, emergency medical (including hospital 

25 

emergency facilities), and related personnel, organizations, 

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; øand¿ 

(7) assisting in the development and promotion of private 

sector best practices to secure critical infrastructureø.¿; and 

(8) coordinating industry efforts, with respect to functions of 

the Department of Homeland Security, 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 

26 

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.—For purposes of covered grants, the Secretary shall establish clearly defined essential capabilities for 

State and local government preparedness for terrorism, in consultation with— 

(A) 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; 

(B) other appropriate Federal agencies; 

(C) State and local first responder agencies and officials; 

and 

(D) groups responsible for setting standards relevant to 

the first responder community. 

(2) DEADLINES.—The Secretary shall— 

27 

(A) establish essential capabilities under paragraph (1) 

not later than 120 days after the date of the enactment of 

this section; 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. 

28 

(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. 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; 

(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.— 

29 

(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 1804(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 

1804(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 inVerDate May 21 2004 06:47 Jun 15, 2004 Jkt 029006 PO 00000 Frm 00029 Fmt 6659 Sfmt 6603 E:\HR\OC\HR460P2.XXX HR460P2
30 

cluded 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 1805(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 

31 

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. 1804. 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 interoperable communications equipment (which, where applicable, is based on national, voluntary consensus standards) that the Secretary, in 

consultation with the Chairman of the Federal Communications 

Commission, deems best suited to facilitate interoperability, coordination, and integration between and among emergency comVerDate May 21 2004 06:47 Jun 15, 2004 Jkt 029006 PO 00000 Frm 00031 Fmt 6659 Sfmt 6603 E:\HR\OC\HR460P2.XXX HR460P2
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munications systems, and that complies with prevailing grant 

guidance of the Department for interoperable communications; 

(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. 

The costs of training described in this subsection include such costs 

for full-time, part-time, and volunteer first responders. 

(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. 

33 

(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 

34 

(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; 

35 

(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. 1805. 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 

1803(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 

36 

(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. 

37 

(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; 

(11) the International Safety Equipment Association; and 

(12) 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. 

(d) COORDINATION WITH SECRETARY OF HHS.—In establishing 

any national voluntary consensus standards under this section for 

first responder equipment or training that involve or relate to public 

health professionals, including emergency medical professionals, the 

Secretary shall coordinate activities under this section with the Secretary of Health and Human Services. 

SEC. 1806. DEFINITIONS. 

In this title: 

(1) BOARD.—The term ‘‘Board’’ means the First Responder 

Grants Board established under section 1803(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 

38 

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) FIRST RESPONDER.—The term ‘‘first responder’’ shall have 

the same meaning as the term ‘‘emergency response provider’’. 

(39) 

DISSENTING VIEWS 

This legislation raises serious concerns on my part because it 

puts small, rural states at a disadvantage when vying for State 

Homeland Security grant money. Specifically, this bill does away 

with a minimum funding level that assures each state of receiving 

adequate dollars for first responders in each state to maintain essential capabilities for protection from and response to terrorist 

acts. Instead, the bill allocates money using strictly a set of ‘‘riskbased’’ criteria. A Board at the Department of Homeland Security 

would determine the final amount for each state. Such a board has 

little understanding of the risks and first responder capabilities in 

rural states. 

Funding first responders on a nationwide basis is critically important because these people are our first line of defense in the 

event of any terrorist attack on American soil. A risk-based approach to allocating funding has its place in Homeland Security 

and I do not dispute that. However, to base funding solely on risk 

while at the same time eliminating minimum funding levels will 

rob small communities and states, like Wyoming, of their vital 

State Homeland Security Grant Program dollars. 

How can we possibly know, with any degree of certainty, where 

a terrorist attack will take place? Any area of the country can be 

the subject of a terrorist attack. Biological attacks of communicable 

diseases may rapidly spread across the Nation and will not observe 

geographic boundaries. Does rural America not supply this country 

with the bulk of its food, agriculture and energy supply? Are power 

plants and nuclear weapons not located throughout rural America? 

Are the most beautiful and grandiose national parks not located in 

rural America, where countless numbers of tourists visit at any 

given time? Perhaps such points will be adequately weighed by the 

Board and perhaps not. Congress, in previously authorizing the 

State Homeland Security Grant Program wisely chose to avoid 

such bureaucratic uncertainty for at least a base level of support 

to each State. 

Isn’t it common sense to think that if we harness all of our resources into few geographic areas that the terrorists will simply 

look to attack what is left vulnerable? We must equip ALL first responders in both urban and rural America with the funding and resources they need to do the job. This legislation falls short of that. 

BARBARA CUBIN. 

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