I 

108TH CONGRESS 

1ST SESSION H. R. 3227

To amend the Homeland Security Act of 2002 to direct the Secretary of 

Homeland Security to establish clearly defined standards and guidelines 

for Federal, State, and local government emergency preparedness and 

response capability, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 2, 2003

Mr. SHAYS (for himself, Mrs. MALONEY, Mr. TURNER of Ohio, Mr. TIERNEY, 

Mr. MURPHY, and Mr. RUPPERSBERGER) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure, and in addition to the Select Committee on Homeland Security, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To amend the Homeland Security Act of 2002 to direct 

the Secretary of Homeland Security to establish clearly 

defined standards and guidelines for Federal, State, and 

local government emergency preparedness and response 

capability, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Preparedness 

5 Standards Act’’. 
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1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) The Second Report of the Advisory Panel to 

4 Assess Domestic Response Capabilities for Ter5 rorism Involving Weapons of Mass Destruction (also 

6 known as the Gilmore Commission) called for stand7 ards for emergency preparedness and response. 

8 (2) The National Strategy for Homeland Secu9 rity calls for the issuance of standards for emer10 gency preparedness and response. 

11 (3) The standard-setting activities called for in 

12 the Homeland Security Act of 2002 (Public Law 

13 107–296) need to be accelerated and coordinated. 

14 (4) Actual preparedness against the threat of 

15 weapons of mass destruction is not being enhanced 

16 sufficiently. 

17 (5) The lack of standards for Federal, State, 

18 and local government emergency preparedness and 

19 response poses the risk of grant funds for emergency 

20 preparedness and response being wasted. 

21 SEC. 3. EMERGENCY PREPAREDNESS AND RESPONSE 

22 STANDARDS. 

23 (a) IN GENERAL.—Title V of the Homeland Security 

24 Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 

25 at the end the following: 
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1 ‘‘SEC. 510. EMERGENCY PREPAREDNESS AND RESPONSE 

2 STANDARDS. 

3 ‘‘(a) REQUIREMENT TO ESTABLISH STANDARDS.—

4 ‘‘(1) IN GENERAL.—The Secretary, in consulta5 tion with other Federal agencies, State and local 

6 emergency responder agencies and officials, and 

7 standard-setting bodies from the emergency re8 sponder community, shall establish clearly defined 

9 standards and guidelines for Federal, State, and 

10 local government emergency preparedness and re11 sponse capability, including for training, interoper12 able communication systems, and response equip13 ment. 

14 ‘‘(2) CONTENT.—The Secretary shall design 

15 such standards to comply with the following: 

16 ‘‘(A) FLEXIBILITY.—The standards shall 

17 be sufficiently flexible to allow local government 

18 officials to set priorities based on their needs, 

19 while reaching nationally determined prepared20 ness levels within a fixed time period. 

21 ‘‘(B) MEASURABLE CAPABILITIES.—The 

22 standards shall be designed to develop emer23 gency preparedness and response capabilities 

24 that are measurable and subject to Federal 

25 audit. 
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1 ‘‘(b) DETERMINATION OF STATE AND LOCAL GOV2 ERNMENT MINIMUM ESSENTIAL CAPABILITY.—The Sec3 retary shall—

4 ‘‘(1) determine for each State the minimum es5 sential emergency preparedness and response capa6 bility that should be achieved by the State, including 

7 State and local government emergency preparedness 

8 and response agencies of the State; and 

9 ‘‘(2) measure for each State progress made by 

10 State and local government emergency preparedness 

11 and response agencies—

12 ‘‘(A) in achieving the minimum essential 

13 capability determined for the State under para14 graph (1); and 

15 ‘‘(B) complying with standards issued by 

16 the Secretary under this section. 

17 ‘‘(c) IMPROVEMENT OF COMPLIANCE WITH STAND18 ARDS.—To improve compliance with emergency prepared19 ness and response capability standards under this section, 

20 the Secretary may—

21 ‘‘(1) coordinate and consolidate the develop22 ment by the Federal Government of standards for 

23 Federal, State, and local government for Federal, 

24 State, and local government emergency preparedness 

25 and response capability, including for training, inter-
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1 operable communication systems, and response 

2 equipment; 

3 ‘‘(2) establish and coordinate an integrated ca4 pability for Federal, State, and local governments 

5 and emergency responders to plan for and address 

6 potential consequences of terrorism; 

7 ‘‘(3) coordinate provision of Federal terrorism 

8 preparedness assistance to State, tribal, and local 

9 governments; 

10 ‘‘(4) establish standards for a national, inter11 operable emergency communications and warning 

12 system; and 

13 ‘‘(5) establish standards for training of first re14 sponders, and for equipment to be used by first re15 sponders, to respond to incidents of terrorism, in16 cluding incidents involving weapons of mass destruc17 tion. 

18 ‘‘(d) CONSULTATION.—In carrying out activities 

19 under this section, the Secretary shall consult with rel20 evant private sector groups, including—

21 ‘‘(1) the National Fire Protection Association; 

22 ‘‘(2) National Association of County and City 

23 Health Officials; 

24 ‘‘(3) Association of State and Territorial Health 

25 Officials; and 
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1 ‘‘(4) American National Standards Institute. 

2 ‘‘(e) ANNUAL REPORT.—The Secretary shall, by not 

3 later than 9 months after the date of the enactment of 

4 this section and annually thereafter, report to the Con5 gress, on a State-by-State basis, regarding—

6 ‘‘(1) progress achieved, by grant and training 

7 programs administered by the Department, in—

8 ‘‘(A) increasing State and local govern9 ment terrorism preparedness; and 

10 ‘‘(B) conforming such State and local gov11 ernment terrorism preparedness to applicable 

12 standards issued by Federal agencies; 

13 ‘‘(2) when State and local government terrorism 

14 preparedness will conform to such standards; and 

15 ‘‘(3) the amount of expenditures required for 

16 State and local government terrorism preparedness 

17 to conform to such standards.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 in section 1(b) of such Act is amended by inserting after 

20 the item relating to section 509 the following:

‘‘Sec. 510. Emergency preparedness and response standards.’’.

21 SEC. 4. STANDARD WITH RESPECT TO WEAPONS OF MASS 

22 DESTRUCTION. 

23 The Secretary of Homeland Security shall, pursuant 

24 to the amendment made by section 3, include in the fiscal 

25 year 2005 budget request for the Department of Home-
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1 land Security a minimum essential emergency prepared2 ness and response capability standard with respect to 

3 weapons of mass destruction- and terrorism-related dis4 aster equipment and training, separately—

5 (1) for metropolitan areas, expressed per 

6 100,000 persons in a metropolitan area; and 

7 (2) for rural areas.

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