IB 

Union Calendar No. 325 

108TH CONGRESS 

2D SESSION H. R. 3266 

[Report No. 108–460, Parts I, II, III, and IV] 

To authorize the Secretary of Homeland Security to make grants to first 

responders, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2003 

Mr. COX introduced the following bill; which was referred to the Select Committee on Homeland Security, and in addition to the Committees on 

Transportation and Infrastructure, the Judiciary, and Energy and Commerce, 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 

APRIL 2, 2004 

Reported from the Select Committee on Homeland Security with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

APRIL 2, 2004 

Referral to the Committees on Transportation and Infrastructure, the Judiciary, and Energy and Commerce extended for a period ending not later 

than June 7, 2004 

APRIL 2, 2004 

Referred to the Committee on Science for a period ending not later than April 

2, 2004 for consideration of such provisions of the bill and amendment 

as fall within the jurisdiction of that committee pursuant to clause 1(n), 

rule X 

APRIL 2, 2004 

The Committee on Science discharged 

JUNE 3, 2004 

Referral to the Committees on Transportation and Infrastructure, the Judici-
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ary, and Energy and Commerce extended for a period ending not later 

than June 14, 2004 

JUNE 14, 2004 

Referral to the Committees on Transportation and Infrastructure, the Judiciary, and Energy and Commerce extended for a period ending not later 

than June 21, 2004 

JUNE 14, 2004 

Reported from the Committee on Energy and Commerce with an amendment 

[Strike out all after the enacting clause and insert the part printed in boldface italic] 

JUNE 21, 2004 

Reported from the Committee on Transportation and Infrastructure with 

amendments 

[Strike out all after the enacting clause and insert the part printed in boldface roman and 

amend the title] 

JUNE 21, 2004 

Additional sponsors: Mrs. MYRICK, Mr. SHAYS, Mr. WELDON of Pennsylvania, 

Ms. DUNN, Mr. GIBBONS, Mr. SHADEGG, Mr. KING of New York, Mr. 

SWEENEY, Mr. FOSSELLA, Mr. WILSON of South Carolina, Mrs. MILLER

of Michigan, Mr. BRADY of Texas, Mr. FROST, Mr. TURNER of Ohio, Mr. 

RANGEL, Mr. GARRETT of New Jersey, Mr. CAMP, Mr. LINCOLN DIAZBALART of Florida, Mr. THORNBERRY, Mr. SESSIONS, Mr. SMITH of 

Michigan, Mr. CALVERT, Mr. RUPPERSBERGER, Mrs. NAPOLITANO, Mr. 

STENHOLM, Mr. TURNER OF TEXAS, Ms. JACKSON-LEE of Texas, Mr. 

PASCRELL, Mr. MARKEY, Mrs. MCCARTHY of New York, Mr. OWENS, 

Mr. LANGEVIN, Mr. WEINER, Mr. SMITH of Texas, Mr. HUNTER, Mr. 

BOEHLERT, Mr. HOLDEN, Mr. GALLEGLY, Mr. NADLER, Mrs. 

CHRISTENSEN, Mr. CARDIN, Mr. GONZALEZ, Mr. DICKS, Mr. FEENEY, 

Ms. HARMAN, Mr. KELLER, Mr. ANDREWS, Mr. MEEK of Florida, Mr. 

WELDON of Florida, Mr. MARIO DIAZ-BALART of Florida, Mr. ROGERS

of Michigan, Mr. GOSS, Mr. GOODLATTE, Mr. HOLT, Mr. LEWIS of California, Mr. BECERRA, Mr. LANTOS, Mr. MEEHAN, Mrs. DAVIS of California, Mr. SMITH of New Jersey, Mrs. MALONEY, and Mr. LEWIS of 

Georgia 

JUNE 21, 2004 

Reported from the Committee on the Judiciary with an amendment; committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 
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[Strike out all after the enacting clause and insert the part printed in italic in brackets] 

[For text of introduced bill, see copy of bill as introduced on October 8, 2003] 

A BILL 

To authorize the Secretary of Homeland Security to make 

grants to first responders, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Faster and Smarter Funding for First Responders Act of 

6 2004’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Faster and Smarter Funding for First Responders. 

‘‘TITLE XVIII—FUNDING FOR FIRST RESPONDERS 

‘‘1801. Faster and smarter funding for first responders. 

‘‘1802. Essential capabilities for first responders. 

‘‘1803. Task Force on Essential Capabilities for First Responders. 

‘‘1804. Covered grant eligibility and criteria. 

‘‘1805. Use of funds and accountability requirements. 

‘‘1806. National standards for first responder equipment and training. 

‘‘1807. Definitions. 

Sec. 4. Modification of Homeland Security Advisory System. 

‘‘Sec. 203. Homeland Security Advisory System. 

Sec. 5. Coordination of industry efforts. 

Sec. 6. Superseded provision. 

Sec. 7. Sense of Congress regarding interoperable communications. 

Sec. 8. Sense of Congress regarding Citizen Corps councils. 

Sec. 9. Study regarding nationwide emergency notification system. 

Sec. 10. Authorization of appropriations. 
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1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) In order to achieve its objective of mini4 mizing the damage, and assisting in the recovery, 

5 from terrorist attacks, the Department of Homeland 

6 Security must play a leading role in assisting com7 munities to reach the level of preparedness they need 

8 to respond to a terrorist attack. 

9 (2) First responder funding is not reaching the 

10 men and women of our Nation’s first response teams 

11 quickly enough, and sometimes not at all. 

12 (3) To reform the current bureaucratic process so 

13 that homeland security dollars reach the first respond14 ers who need it most, it is necessary to clarify and 

15 consolidate the authority and procedures of the De16 partment of Homeland Security to support first re17 sponders. 

18 (4) Ensuring adequate resources for the new na19 tional mission of homeland security requires a dis20 crete and separate grant making process for homeland 

21 security funds for first response to terrorist acts, on 

22 the one hand, and for first responder programs de23 signed to meet pre-9/11 priorities, on the other. 

24 (5) Homeland security grants to first responders 

25 must be based on the best intelligence concerning the 

26 capabilities and intentions of our terrorist enemies, 
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1 and that intelligence must be used to target resources 

2 to the Nation’s greatest risks, vulnerabilities, and con3 sequences. 

4 (6) The Nation’s first response capabilities will 

5 be improved by sharing resources, training, planning, 

6 personnel, and equipment among neighboring juris7 dictions through mutual aid agreements and regional 

8 cooperation. Such regional cooperation should be sup9 ported, where appropriate, through direct grants from 

10 the Department of Homeland Security. 

11 (7) An essential prerequisite to achieving the Na12 tion’s homeland security objectives for first responders 

13 is the establishment of well-defined national goals for 

14 terrorism preparedness. These goals should delineate 

15 the essential capabilities that every jurisdiction in the 

16 United States should possess or to which it should 

17 have access. 

18 (8) A national determination of essential capa19 bilities is needed to identify levels of State and local 

20 government terrorism preparedness, to determine the 

21 nature and extent of State and local first responder 

22 needs, to identify the human and financial resources 

23 required to fulfill them, and to direct funding to meet 

24 those needs and to measure preparedness levels on a 

25 national scale. 
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1 (9) To facilitate progress in attaining essential 

2 capabilities for State and local first responders, the 

3 Department of Homeland Security should seek to allo4 cate homeland security funding for first responders to 

5 meet nationwide needs. 

6 (10) Private sector resources and citizen volun7 teers can perform critical functions in assisting in 

8 preventing and responding to terrorist attacks, and 

9 should be integrated into State and local planning ef10 forts to ensure that their capabilities and roles are 

11 understood, so as to provide enhanced State and local 

12 operational capability and surge capacity. 

13 (11) Public-private partnerships, such as the 

14 partnerships between the Business Executives for Na15 tional Security and the States of New Jersey and 

16 Georgia, can be useful to identify and coordinate pri17 vate sector support for State and local first respond18 ers. Such models should be expanded to cover all 

19 States and territories. 

20 (12) An important component of national stand21 ards is measurability, so that it is possible to deter22 mine how prepared a State or local government is 

23 now, and what additional steps it needs to take, in 

24 order to respond to acts of terrorism. 
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1 (13) The Department of Homeland Security 

2 should establish, publish, and regularly update na3 tional voluntary consensus standards for both equip4 ment and training, in cooperation with both public 

5 and private sector standard setting organizations, to 

6 assist State and local governments in obtaining the 

7 equipment and training to attain the essential capa8 bilities for first response to acts of terrorism, and to 

9 ensure that first responder funds are spent wisely. 

10 SEC. 3. FASTER AND SMARTER FUNDING FOR FIRST RE11 SPONDERS. 

12 (a) IN GENERAL.—The Homeland Security Act of 

13 2002 (Public Law 107–296; 6 U.S.C. 361 et seq.) is amend14 ed— 

15 (1) in section 1(b) in the table of contents by 

16 adding at the end the following: 

‘‘TITLE XVIII—FUNDING FOR FIRST RESPONDERS 

‘‘1801. Faster and smarter funding for first responders. 

‘‘1802. Essential capabilities for first responders. 

‘‘1803. Task Force on Essential Capabilities for First Responders. 

‘‘1804. Covered grant eligibility and criteria. 

‘‘1805. Use of funds and accountability requirements. 

‘‘1806. National standards for first responder equipment and training. 

‘‘1807. Definitions.’’; and 

17 (2) by adding at the end the following: 
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1 ‘‘TITLE XVIII—FUNDING FOR 

2 FIRST RESPONDERS 

3 ‘‘SEC. 1801. FASTER AND SMARTER FUNDING FOR FIRST RE4 SPONDERS. 

5 ‘‘(a) COVERED GRANTS.—This title applies to any 

6 grant provided by the Department to States or regions to 

7 improve the ability of first responders to prevent, prepare 

8 for, respond to, or mitigate threatened or actual terrorist 

9 attacks, especially those involving weapons of mass destruc10 tion, and including any grant under the following: 

11 ‘‘(1) STATE HOMELAND SECURITY GRANT PRO12 GRAM.—The State Homeland Security Grant Pro13 gram of the Department, or any successor to such 

14 grant program. 

15 ‘‘(2) URBAN AREA SECURITY INITIATIVE.—The 

16 Urban Area Security Initiative of the Department, or 

17 any successor to such grant program. 

18 ‘‘(b) EXCLUDED PROGRAMS.—This title does not apply 

19 to or otherwise affect the following Federal grant programs 

20 or any grant under such a program: 

21 ‘‘(1) NONDEPARTMENT PROGRAMS.—Any Federal 

22 grant program that is not administered by the De23 partment. 

24 ‘‘(2) FIRE GRANT PROGRAMS.—The fire grant 

25 programs authorized by sections 33 and 34 of the 
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1 Federal Fire Prevention and Control Act of 1974 (15 

2 U.S.C. 2229, 2229a). 

3 ‘‘(3) EMERGENCY MANAGEMENT PLANNING AND

4 ASSISTANCE ACCOUNT GRANTS.—The Emergency 

5 Management Performance Grant program and the 

6 Urban Search and Rescue Grants program authorized 

7 by title VI of the Robert T. Stafford Disaster Relief 

8 and Emergency Assistance Act (42 U.S.C. 5195 et 

9 seq.); the Departments of Veterans Affairs and Hous10 ing and Urban Development, and Independent Agen11 cies Appropriations Act, 2000 (113 Stat. 1047 et 

12 seq.); and the Earthquake Hazards Reduction Act of 

13 1977 (42 U.S.C. 7701 et seq.). 

14 ‘‘SEC. 1802. ESSENTIAL CAPABILITIES FOR FIRST RESPOND15 ERS. 

16 ‘‘(a) ESTABLISHMENT OF ESSENTIAL CAPABILITIES.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall establish 

18 clearly defined essential capabilities for State and 

19 local government preparedness for terrorism, in con20 sultation with— 

21 ‘‘(A) the Task Force on Essential Capabili22 ties for First Responders established under sec23 tion 1803; 

24 ‘‘(B) the Under Secretaries for Emergency 

25 Preparedness and Response, Border and Trans-
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1 portation Security, Information Analysis and 

2 Infrastructure Protection, and Science and Tech3 nology, and the Director of the Office for Domes4 tic Preparedness; 

5 ‘‘(C) other appropriate Federal agencies; 

6 ‘‘(D) State and local first responder agen7 cies and officials; and 

8 ‘‘(E) groups responsible for setting stand9 ards relevant to the first responder community. 

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

11 ‘‘(A) establish essential capabilities under 

12 paragraph (1) within 30 days after receipt of the 

13 initial submission of a final report under section 

14 1803(c)(2); and 

15 ‘‘(B) regularly update such essential capa16 bilities as necessary, but not less than every 3 

17 years. 

18 ‘‘(3) PROVISION OF ESSENTIAL CAPABILITIES.— 

19 The Secretary shall ensure that essential capabilities 

20 established under paragraph (1) are provided prompt21 ly to the States and to the Congress. The States shall 

22 make the essential capabilities available as necessary 

23 and appropriate to local governments within their ju24 risdictions. 
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1 ‘‘(b) OBJECTIVES.—The Secretary shall ensure that es2 sential capabilities established under subsection (a)(1) meet 

3 the following objectives: 

4 ‘‘(1) SPECIFICITY.—The determination of essen5 tial capabilities specifically shall describe the train6 ing, planning, personnel, and equipment that dif7 ferent types of communities in the Nation should pos8 sess, or to which they should have access, in order to 

9 meet the Department’s goals for terrorism prepared10 ness based upon— 

11 ‘‘(A) the most current risk assessment avail12 able by the Directorate for Information Analysis 

13 and Infrastructure Protection of the threats of 

14 terrorism against the United States; and 

15 ‘‘(B) the types of threats, vulnerabilities, ge16 ography, size, and other factors that the Sec17 retary has determined to be applicable to each 

18 different type of community. 

19 ‘‘(2) FLEXIBILITY.—The establishment of essen20 tial capabilities shall be sufficiently flexible to allow 

21 State and local government officials to set priorities 

22 based on particular needs, while reaching nationally 

23 determined terrorism preparedness levels within a 

24 specified time period. 
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1 ‘‘(3) MEASURABILITY.—The establishment of es2 sential capabilities shall be designed to enable meas3 urement of progress towards specific terrorism pre4 paredness goals. 

5 ‘‘(c) THREATS TO BE CONSIDERED.— 

6 ‘‘(1) IN GENERAL.—In establishing essential ca7 pabilities under subsection (a)(1), the Secretary spe8 cifically shall consider the variables of threat, vulner9 ability, and consequences with respect to the Nation’s 

10 population (including transient commuting and tour11 ist populations) and critical infrastructure. Such con12 sideration shall be based upon the most current risk 

13 assessment available by the Directorate for Informa14 tion Analysis and Infrastructure Protection of the 

15 threats of terrorism against the United States. 

16 ‘‘(2) CRITICAL INFRASTRUCTURE SECTORS.—The 

17 Secretary specifically shall consider threats of ter18 rorism against the following critical infrastructure 

19 sectors in all areas of the Nation, urban and rural: 

20 ‘‘(A) Agriculture. 

21 ‘‘(B) Banking and finance. 

22 ‘‘(C) Chemical industries. 

23 ‘‘(D) The defense industrial base. 

24 ‘‘(E) Emergency services. 

25 ‘‘(F) Energy. 
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1 ‘‘(G) Food. 

2 ‘‘(H) Government. 

3 ‘‘(I) Postal and shipping. 

4 ‘‘(J) Public health. 

5 ‘‘(K) Information and telecommunications 

6 networks. 

7 ‘‘(L) Transportation. 

8 ‘‘(M) Water. 

9 The order in which the critical infrastructure sectors 

10 are listed in this paragraph shall not be construed as 

11 an order of priority for consideration of the impor12 tance of such sectors. 

13 ‘‘(3) CONSIDERATION OF ADDITIONAL

14 THREATS.—In establishing essential capabilities 

15 under subsection (a)(1), the Secretary shall take into 

16 account any other specific threat to a population (in17 cluding a transient commuting or tourist population) 

18 or critical infrastructure sector that the Secretary has 

19 determined to exist. 

20 ‘‘SEC. 1803. TASK FORCE ON ESSENTIAL CAPABILITIES FOR 

21 FIRST RESPONDERS. 

22 ‘‘(a) ESTABLISHMENT.—To assist the Secretary in es23 tablishing essential capabilities under section 1802(a)(1), 

24 the Secretary shall establish an advisory body to be known 

25 as the Task Force on Essential Capabilities for First Re-
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1 sponders not later than 60 days after the date of the enact2 ment of this section. 

3 ‘‘(b) DRAFT REPORT.— 

4 ‘‘(1) IN GENERAL.—The Task Force shall submit 

5 to the Secretary, not later than one year after its es6 tablishment by the Secretary under subsection (a) and 

7 every 3 years thereafter, a draft report on its rec8 ommendations for the essential capabilities all State 

9 and local government first responders should possess, 

10 or to which they should have access, to enhance ter11 rorism preparedness, including— 

12 ‘‘(A) to prevent a terrorist attack; 

13 ‘‘(B) to protect persons and critical infra14 structure against attack; and 

15 ‘‘(C) to enhance terrorism response and 

16 mitigation capabilities if such an attack occurs. 

17 ‘‘(2) THREATS TO BE CONSIDERED IN DETER18 MINING ESSENTIAL CAPABILITIES.— 

19 ‘‘(A) IN GENERAL.—In reporting to the Sec20 retary on its recommendations for essential ca21 pabilities, the Task Force specifically shall con22 sider the critical infrastructure sectors described 

23 in section 1802(c)(2), and the threats to popu24 lations in all areas of the Nation, urban and 

25 rural, including the following: 
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1 ‘‘(i) Biological threats. 

2 ‘‘(ii) Nuclear threats. 

3 ‘‘(iii) Radiological threats. 

4 ‘‘(iv) Incendiary threats. 

5 ‘‘(v) Chemical threats. 

6 ‘‘(vi) Explosives. 

7 ‘‘(vii) Suicide bombers. 

8 ‘‘(viii) Cyber threats. 

9 ‘‘(ix) Any other threats based on prox10 imity to specific past acts of terrorism or 

11 the known activity of any terrorist group. 

12 ‘‘(B) NO PRIORITY.—The order in which the 

13 threats are listed in subparagraph (A) shall not 

14 be construed as an order of priority for consider15 ation of the importance of such threats. 

16 ‘‘(3) RISK-BASED.—The draft report shall be 

17 based upon the most current risk assessment available 

18 by the Directorate for Information Analysis and In19 frastructure Protection of the threats of terrorism 

20 against the United States provided to the Task Force 

21 pursuant to subsection (d). 

22 ‘‘(4) CONTENTS.—The draft report shall— 

23 ‘‘(A) include a priority ranking of essential 

24 capabilities, in order to provide guidance to the 

25 Secretary and to the Congress on determining 
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1 the appropriate allocation of, and funding levels 

2 for, first responder needs; 

3 ‘‘(B) set forth a methodology by which any 

4 State or local government will be able to deter5 mine the extent to which it possesses or has ac6 cess to the essential capabilities that States and 

7 local governments having similar risks should 

8 obtain; 

9 ‘‘(C) describe the availability of national 

10 voluntary consensus standards, and whether 

11 there is a need for new national voluntary con12 sensus standards, with respect to first responder 

13 training and equipment; 

14 ‘‘(D) include such additional matters as the 

15 Secretary may specify in order to further the ter16 rorism preparedness capabilities of first respond17 ers; and 

18 ‘‘(E) include such revisions to the contents 

19 of past reports as are necessary to take into ac20 count changes in the most current risk assess21 ment available by the Directorate for Informa22 tion Analysis and Infrastructure Protection or 

23 other relevant information as determined by the 

24 Secretary. 

25 ‘‘(c) REVIEW AND REVISION OF DRAFT REPORT.— 
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1 ‘‘(1) REVIEW AND COMMENTS.—Within 30 days 

2 after the date of the submission of the draft report by 

3 the Task Force under subsection (b), the Secretary 

4 shall review and provide comments to the Task Force 

5 on the contents of the draft report. 

6 ‘‘(2) REVISION AND SUBMISSION OF FINAL RE7 PORT.—Within 30 days after receiving the Secretary’s 

8 comments, the Task Force shall— 

9 ‘‘(A) revise its draft report based on the 

10 comments provided by the Secretary, and any 

11 other comments it has solicited and received, if 

12 the Task Force determines that such revisions are 

13 appropriate; and 

14 ‘‘(B) submit the final report on essential ca15 pabilities to the Secretary and to the Congress. 

16 ‘‘(d) TASK FORCE ACCESS TO INFORMATION.— 

17 ‘‘(1) SECURITY CLEARANCES.—For purposes of 

18 carrying out its responsibilities under this section, the 

19 Task Force shall be provided as a matter of priority 

20 appropriate security clearances, including interim se21 curity clearances. 

22 ‘‘(2) ACCESS TO FINISHED INTELLIGENCE.—For 

23 purposes of carrying out its responsibilities under this 

24 section, the Task Force shall be provided access to all 

25 finished intelligence and analytic products it may re-
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1 quest from the Directorate for Information Analysis 

2 and Infrastructure Protection or other sources within 

3 the Department concerning the nature and likelihood 

4 of terrorist attacks on the territory of the United 

5 States. 

6 ‘‘(3) ACCESS TO ASSESSMENT TOOLS.—For pur7 poses of carrying out its responsibilities under this 

8 section, the Task Force shall be provided access to all 

9 tools or methodologies currently or formerly used by 

10 the Department and its predecessor organizations to 

11 assess the preparedness capabilities of State and local 

12 governments. 

13 ‘‘(4) VALID CLEARANCES.—Nothing in this sec14 tion shall be considered to authorize a member of the 

15 Task Force to have access to classified information 

16 unless that member possesses a valid clearance to re17 ceive such information. 

18 ‘‘(e) MEMBERSHIP.— 

19 ‘‘(1) IN GENERAL.—The Task Force shall consist 

20 of 25 members appointed by the Secretary, and 

21 shall— 

22 ‘‘(A) represent a cross section of first re23 sponder disciplines; and 

24 ‘‘(B) include both State and local represent25 atives within each discipline. 
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1 ‘‘(2) TERM OF MEMBERS.—Each appointed 

2 member of the Task Force shall serve for a term not 

3 to exceed 18 months. No individual may be appointed 

4 as a member of the Task Force for more than 2 terms. 

5 ‘‘(3) SELECTION OF MEMBERS.—The Secretary 

6 shall include in the membership of the Task Force— 

7 ‘‘(A) members selected from the emergency 

8 response field, including firefighters and law en9 forcement, hazardous materials response, emer10 gency medical services, and emergency manage11 ment personnel (including public works per12 sonnel routinely engaged in emergency response); 

13 ‘‘(B) health scientists, emergency and inpa14 tient medical providers, and public health profes15 sionals, including experts in emergency health 

16 care response to chemical, biological, radio17 logical, and nuclear terrorism, and experts in 

18 providing mental health care during emergency 

19 response operations; 

20 ‘‘(C) experts from Federal, State, and local 

21 governments, and the private sector, representing 

22 standards-setting organizations, including rep23 resentation from the voluntary consensus codes 

24 and standards development community, particu25 larly those with expertise in firefighting, law en-
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1 forcement, and emergency medical services deliv2 ery; and 

3 ‘‘(D) State and local officials with expertise 

4 in terrorism preparedness, subject to the condi5 tion that if any such officials are elected offi6 cials, an equal number shall be selected from 

7 each of the two major political parties. 

8 ‘‘(4) EX OFFICIO MEMBERS.—The Secretary shall 

9 designate one or more officers of the Department to 

10 serve as ex officio members of the Task Force, one of 

11 whom shall be the designated officer of the Federal 

12 Government for purposes of subsection (e) of section 

13 10 of the Federal Advisory Committee Act. 

14 ‘‘(5) DIVERSITY IN COMPOSITION OF TASK

15 FORCE.—In appointing members to the Task Force, 

16 the Secretary shall ensure, to the extent practicable, 

17 that its membership— 

18 ‘‘(A) is geographically diverse; 

19 ‘‘(B) includes representatives from both 

20 rural and urban jurisdictions; 

21 ‘‘(C) includes representatives from both 

22 management and labor; 

23 ‘‘(D) includes representatives from both uni24 formed and nonuniformed professions; 
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1 ‘‘(E) includes representatives from both vol2 untary and professional services; 

3 ‘‘(F) includes representatives from both gov4 ernment and nongovernment emergency medical 

5 services; and 

6 ‘‘(G) includes sufficient personnel with secu7 rity clearances necessary to review classified ma8 terials that may be needed to conduct the busi9 ness of the Task Force. 

10 ‘‘(6) CHAIR.—At the first meeting of the Task 

11 Force, the membership of the Task Force appointed 

12 under paragraph (3) shall elect a chair of the Task 

13 Force. 

14 ‘‘(f) MEETINGS.—The Task Force shall meet as often 

15 as necessary to complete reports in accordance with this sec16 tion. 

17 ‘‘(g) PAY.— 

18 ‘‘(1) IN GENERAL.—Members of the Task Force 

19 shall serve without pay by reason of their work on the 

20 Task Force. 

21 ‘‘(2) FEDERAL OFFICERS AND EMPLOYEES.— 

22 Members of the Task Force who are officers or em23 ployees of the United States shall receive no addi24 tional pay by reason of their service as a member of 

25 the Task Force. 
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1 ‘‘(h) TRAVEL EXPENSES.—Members of the Task Force 

2 shall be allowed travel expenses, including per diem in lieu 

3 of subsistence, at rates authorized for employees of agencies 

4 under subchapter I of chapter 57 of title 5, United States 

5 Code, while away from their homes or regular places of 

6 business in the performance of services for the Task Force. 

7 ‘‘(i) SERVICES, FUNDS, AND STAFF.—The Secretary 

8 shall provide to the Task Force, on a non-reimbursable 

9 basis, such administrative services, funds, staff, facilities, 

10 and other support services as the Secretary determines nec11 essary, in consultation with the chair of the Task Force, 

12 for the Task Force to perform its duties efficiently and in 

13 accordance with this section. 

14 ‘‘(j) DETAILS.—Upon the request of the Task Force, 

15 the Secretary may detail, without reimbursement, any per16 sonnel of the Department to assist the Task Force in car17 rying out its duties. Any such detail of an employee shall 

18 be without interruption or loss of civil service status or 

19 privilege. 

20 ‘‘(k) APPLICABILITY OF FEDERAL ADVISORY COM21 MITTEE ACT.—The Federal Advisory Committee Act (5 

22 U.S.C. App.), including subsections (a), (b), and (d) of sec23 tion 10 of such Act, and section 552b(c) of title 5, United 

24 States Code, shall apply to the Task Force. 
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1 ‘‘SEC. 1804. COVERED GRANT ELIGIBILITY AND CRITERIA. 

2 ‘‘(a) GRANT ELIGIBILITY.—Any State or region shall 

3 be eligible to apply for a covered grant. 

4 ‘‘(b) GRANT CRITERIA.—In awarding covered grants, 

5 the Secretary shall assist States and local governments in 

6 achieving the essential capabilities for first responders es7 tablished by the Secretary under section 1802. 

8 ‘‘(c) STATE HOMELAND SECURITY PLANS.— 

9 ‘‘(1) SUBMISSION OF PLANS.—The Secretary 

10 shall require that any State applying to the Secretary 

11 for a covered grant must submit to the Secretary a 

12 3-year State homeland security plan that— 

13 ‘‘(A) demonstrates the extent to which the 

14 State has achieved the essential capabilities that 

15 apply to the State, and describes the extent to 

16 which the State used the methodology developed 

17 pursuant to section 1803(b)(4)(B) to evaluate the 

18 level of its essential capabilities; 

19 ‘‘(B) demonstrates the additional needs of 

20 the State necessary to achieve the essential capa21 bilities that apply to the State; 

22 ‘‘(C) includes a prioritization of such addi23 tional needs based on threat, vulnerability, and 

24 consequence assessment factors applicable to the 

25 State; 

26 ‘‘(D) describes how the State intends— 
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1 ‘‘(i) to address such additional needs 

2 at the city, county, regional, State, and 

3 interstate level; 

4 ‘‘(ii) to use all Federal, State, and 

5 local resources available for the purpose of 

6 addressing such additional needs; and 

7 ‘‘(iii) to give particular emphasis to 

8 regional planning and cooperation, both 

9 within its jurisdictional borders and with 

10 neighboring States; and 

11 ‘‘(E) is developed in consultation with and 

12 subject to appropriate comment by local govern13 ments within the State. 

14 ‘‘(2) APPROVAL BY SECRETARY.—The Secretary 

15 may not award any covered grant to a State unless 

16 the Secretary has approved the applicable State home17 land security plan. 

18 ‘‘(d) CONSISTENCY WITH STATE PLANS.—The Sec19 retary shall ensure that each covered grant is used to sup20 plement and support, in a consistent and coordinated man21 ner, the applicable State homeland security plan or plans. 

22 ‘‘(e) APPLICATION FOR GRANT.— 

23 ‘‘(1) IN GENERAL.—Any State or region may 

24 apply for a covered grant by submitting to the Sec25 retary an application at such time, in such manner, 
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1 and containing such information as is required under 

2 this subsection, or as the Secretary may reasonably 

3 require. 

4 ‘‘(2) DEADLINES FOR APPLICATIONS AND

5 AWARDS.—All applications for covered grants must be 

6 submitted to the Secretary no later than February 15 

7 of the fiscal year for which they are submitted. The 

8 Secretary shall award covered grants pursuant to all 

9 approved applications for such fiscal year as soon as 

10 practicable, but not later than July 31 of such year. 

11 ‘‘(3) AVAILABILITY OF FUNDS.—All funds award12 ed by the Secretary under covered grants in a fiscal 

13 year shall be available for obligation through the end 

14 of the subsequent fiscal year. 

15 ‘‘(4) MINIMUM CONTENTS OF APPLICATION.—The 

16 Secretary shall require that each applicant include in 

17 its application, at a minimum— 

18 ‘‘(A) the purpose for which the applicant 

19 seeks covered grant funds and the reasons why 

20 the applicant needs the covered grant to meet the 

21 essential capabilities for terrorism preparedness 

22 within the State or region to which the applica23 tion pertains; 

24 ‘‘(B) a description of how, by reference to 

25 the applicable State homeland security plan or 
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1 plans under subsection (c), the allocation of 

2 grant funding proposed in the application, in3 cluding, where applicable, the amount not passed 

4 through under section 1805(e)(1), would assist in 

5 fulfilling the essential capabilities specified in 

6 such plan or plans; 

7 ‘‘(C) a statement of whether a mutual aid 

8 agreement applies to the use of all or any por9 tion of the covered grant funds; 

10 ‘‘(D) if the applicant is a region— 

11 ‘‘(i) a precise geographical description 

12 of the region and a specification of all par13 ticipating and nonparticipating local gov14 ernments within the geographical area com15 prising that region; 

16 ‘‘(ii) a specification of what govern17 mental entity within the region will admin18 ister the expenditure of funds under the cov19 ered grant; and 

20 ‘‘(iii) a designation of a specific indi21 vidual to serve as regional liaison; 

22 ‘‘(E) a capital budget showing how the ap23 plicant intends to allocate and expend the cov24 ered grant funds; and 
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1 ‘‘(F) a statement of how the applicant in2 tends to meet the matching requirement, if any, 

3 that applies under section 1805(e)(2). 

4 ‘‘(5) REGIONAL APPLICATIONS.— 

5 ‘‘(A) SUBMISSION TO STATE OR STATES.— 

6 To ensure the consistency required under sub7 section (d), an applicant that is a region must 

8 simultaneously submit its application to the De9 partment and to each State of which any part 

10 is included in the region. 

11 ‘‘(B) OPPORTUNITY FOR STATE COMMENT.— 

12 Before awarding any covered grant to a region, 

13 the Secretary shall provide an opportunity to 

14 each State of which any part is included in a re15 gion, during the 30-day period beginning on the 

16 date on which the region submits an application 

17 for a covered grant, to comment to the Secretary 

18 on the consistency of the region’s plan with the 

19 State’s homeland security plan. 

20 ‘‘(C) FINAL AUTHORITY.—The Secretary 

21 shall have final authority to determine the con22 sistency of any regional application with the ap23 plicable State homeland security plan or plans 

24 and approve any regional application. The Sec25 retary shall notify each State of which any part 
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1 is included in a region of the approval of a re2 gional application for that region. 

3 ‘‘(D) REGIONAL LIAISONS.—A regional liai4 son designated under paragraph (4)(D)(iii) 

5 shall— 

6 ‘‘(i) coordinate with Federal, State, 

7 local, regional, and private officials within 

8 the region concerning terrorism prepared9 ness; 

10 ‘‘(ii) develop a process for receiving 

11 input from Federal, State, local, regional, 

12 and private sector officials within the re13 gion to assist in the development of the re14 gional application and to improve the re15 gion’s access to covered grants; and 

16 ‘‘(iii) administer, in consultation with 

17 State, local, regional, and private officials 

18 within the region, covered grants awarded 

19 to the region. 

20 ‘‘(6) EQUIPMENT STANDARDS.—If an applicant 

21 for a covered grant proposes to upgrade or purchase, 

22 with assistance provided under the grant, new equip23 ment or systems that do not meet or exceed any appli24 cable national voluntary consensus standards estab25 lished by the Secretary under section 1806(a), the ap-
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1 plicant shall include in the application an expla2 nation of why such equipment or systems will serve 

3 the needs of the applicant better than equipment or 

4 systems that meet or exceed such standards. 

5 ‘‘(f) FIRST RESPONDER GRANTS BOARD.— 

6 ‘‘(1) ESTABLISHMENT OF BOARD.—The Sec7 retary shall establish a First Responder Grants 

8 Board, consisting of— 

9 ‘‘(A) the Secretary; 

10 ‘‘(B) the Under Secretary for Emergency 

11 Preparedness and Response; 

12 ‘‘(C) the Under Secretary for Border and 

13 Transportation Security; 

14 ‘‘(D) the Under Secretary for Information 

15 Analysis and Infrastructure Protection; 

16 ‘‘(E) the Under Secretary for Science and 

17 Technology; and 

18 ‘‘(F) the Director of the Office for Domestic 

19 Preparedness. 

20 ‘‘(2) CHAIRMAN.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall be 

22 the Chairman of the Board. 

23 ‘‘(B) EXERCISE OF AUTHORITIES BY DEP24 UTY SECRETARY.—The Deputy Secretary of 
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1 Homeland Security may exercise the authorities 

2 of the Chairman, if the Secretary so directs. 

3 ‘‘(3) RANKING OF GRANT APPLICATIONS.— 

4 ‘‘(A) PRIORITIZATION OF GRANTS.—The 

5 Board shall evaluate and annually prioritize all 

6 pending applications for covered grants based 

7 upon the degree to which they would lessen the 

8 threat to, vulnerability of, and consequences for 

9 persons and critical infrastructure. 

10 ‘‘(B) ACHIEVING NATIONWIDE CAPA11 BILITY.—In evaluating and prioritizing grant 

12 applications under subparagraph (A), the Board 

13 shall— 

14 ‘‘(i) seek to achieve and enhance essen15 tial capabilities throughout the Nation; and 

16 ‘‘(ii) seek to allocate a portion of the 

17 funds available for covered grants each fis18 cal year for the purpose of making covered 

19 grants to each approved applicant that the 

20 Board determines has demonstrated a valid 

21 need in its application. 

22 ‘‘(4) FUNCTIONS OF UNDER SECRETARIES.—The 

23 Under Secretaries referred to in paragraph (1) shall 

24 seek to ensure that the relevant expertise and input of 
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1 the staff of their directorates are available to and con2 sidered by the Board. 

3 ‘‘SEC. 1805. USE OF FUNDS AND ACCOUNTABILITY REQUIRE4 MENTS. 

5 ‘‘(a) IN GENERAL.—A covered grant may be used for— 

6 ‘‘(1) purchasing or upgrading equipment, in7 cluding computer software, to enhance terrorism pre8 paredness and response; 

9 ‘‘(2) exercises to strengthen terrorism prepared10 ness and response; 

11 ‘‘(3) training for prevention (including detec12 tion) of, preparedness for, or response to attacks in13 volving weapons of mass destruction, including train14 ing in the use of equipment and computer software; 

15 ‘‘(4) developing or updating response plans; 

16 ‘‘(5) establishing or enhancing mechanisms for 

17 sharing terrorism threat information pursuant to this 

18 Act; 

19 ‘‘(6) systems architecture and engineering, pro20 gram planning and management, strategy formula21 tion and strategic planning, life-cycle systems design, 

22 product and technology evaluation, and prototype de23 velopment for terrorism preparedness and response 

24 purposes; 

25 ‘‘(7) additional personnel costs resulting from— 
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1 ‘‘(A) elevations in the threat alert level of 

2 the Homeland Security Advisory System; 

3 ‘‘(B) travel to and participation in exercises 

4 and training in the use of equipment and on 

5 prevention activities; and 

6 ‘‘(C) the temporary replacement of per7 sonnel during any period of travel to and par8 ticipation in exercises and training in the use of 

9 equipment and on prevention activities; 

10 ‘‘(8) the costs of equipment (including software) 

11 required to receive, transmit, handle, and store classi12 fied information; 

13 ‘‘(9) enhancing facilities to serve as operations 

14 centers, or hardening critical infrastructure against 

15 potential attack by the addition of barriers, fences, 

16 gates, and other such devices; 

17 ‘‘(10) the costs of commercially available equip18 ment that complies with, where applicable, national 

19 voluntary consensus standards, and that facilitates 

20 interoperability, coordination, and integration be21 tween emergency communications systems, includ22 ing— 

23 ‘‘(A) mobile vehicles that contain equipment 

24 such as commercial telephone trunk lines, VHF 
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1 and UHF radios, patch panels, and crosspatches, 

2 among other technologies and equipment; and 

3 ‘‘(B) communications system overlay soft4 ware and hardware that allow multiple dis5 parate communications networks to act as one 

6 network; 

7 ‘‘(11) educational curricula development for first 

8 responders to ensure that they are prepared for ter9 rorist attacks; 

10 ‘‘(12) training and exercises to assist public ele11 mentary and secondary schools in developing and im12 plementing programs to instruct students regarding 

13 age-appropriate skills to prepare for and respond to 

14 an act of terrorism; and 

15 ‘‘(13) other appropriate activities as determined 

16 by the Secretary. 

17 ‘‘(b) PROHIBITED USES.—Funds provided as a cov18 ered grant may not be used— 

19 ‘‘(1) to supplant State or local funds for, or oth20 erwise support, traditional missions of State and 

21 local law enforcement, firefighters, emergency medical 

22 services, or public health agencies, unless such support 

23 serves a dual purpose and the funds are primarily in24 tended to enhance terrorism preparedness; 
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1 ‘‘(2) to construct buildings or other physical fa2 cilities; 

3 ‘‘(3) to acquire land; or 

4 ‘‘(4) for any State or local government cost shar5 ing contribution. 

6 ‘‘(c) ASSISTANCE REQUIREMENT.—The Secretary may 

7 not request that equipment paid for, wholly or in part, with 

8 funds provided as a covered grant be made available for 

9 responding to emergencies in surrounding States, regions, 

10 and localities, unless the Secretary undertakes to pay the 

11 costs directly attributable to transporting and operating 

12 such equipment during such response. 

13 ‘‘(d) FLEXIBILITY IN UNSPENT HOMELAND SECURITY

14 GRANT FUNDS.—Upon request by the recipient of a covered 

15 grant, the Secretary may authorize the grantee to transfer 

16 all or part of funds provided as the covered grant from uses 

17 specified in the grant agreement to other uses authorized 

18 under this section, if the Secretary determines that such 

19 transfer is in the interests of homeland security. 

20 ‘‘(e) STATE AND REGIONAL RESPONSIBILITIES.— 

21 ‘‘(1) PASS-THROUGH.—The Secretary shall re22 quire a recipient of a covered grant that is a State 

23 to obligate or otherwise make available to local gov24 ernments, first responders, and other local groups, to 

25 the extent required under the State homeland security 
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1 plan or plans specified in the application for the 

2 grant, not less than 80 percent of the grant funds, re3 sources purchased with the grant funds having a 

4 value equal to at least 80 percent of the amount of 

5 the grant, or a combination thereof, by not later than 

6 the end of the 45-day period beginning on the date the 

7 grant recipient receives the grant funds. 

8 ‘‘(2) COST SHARING.— 

9 ‘‘(A) IN GENERAL.—The Federal share of 

10 the costs of an activity carried out with a cov11 ered grant to a State or region awarded after the 

12 2-year period beginning on the date of the enact13 ment of this section shall not exceed 75 percent. 

14 ‘‘(B) INTERIM RULE.—The Federal share of 

15 the costs of an activity carried out with a cov16 ered grant awarded before the end of the 2-year 

17 period beginning on the date of the enactment of 

18 this section shall be 100 percent. 

19 ‘‘(C) IN-KIND MATCHING.—Each recipient of 

20 a covered grant may meet the matching require21 ment under subparagraph (A) by making in22 kind contributions of goods or services that are 

23 directly linked with the purpose for which the 

24 grant is made, including, but not limited to, any 

25 necessary personnel overtime, contractor services, 
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1 administrative costs, equipment fuel and mainte2 nance, and rental space. 

3 ‘‘(3) CERTIFICATIONS REGARDING DISTRIBUTION

4 OF GRANT FUNDS TO LOCAL GOVERNMENTS.—Any 

5 State that receives a covered grant shall certify to the 

6 Secretary, by not later than 30 days after the expira7 tion of the period described in paragraph (1) with re8 spect to the grant, that the State has made available 

9 for expenditure by local governments, first responders, 

10 and other local groups the required amount of grant 

11 funds pursuant to paragraph (1). 

12 ‘‘(4) REPORT ON HOMELAND SECURITY SPEND13 ING.—Each recipient of a covered grant shall submit 

14 a report to the Secretary not later than 60 days after 

15 the end of each fiscal year. Each recipient of a cov16 ered grant that is a region must simultaneously sub17 mit its report to each State of which any part is in18 cluded in the region. Each report must include the 

19 following: 

20 ‘‘(A) The amount, ultimate recipients, and 

21 dates of receipt of all funds received under the 

22 grant during the previous fiscal year. 

23 ‘‘(B) The amount and the dates of disburse24 ments of all such funds expended in compliance 

25 with paragraph (1) or pursuant to mutual aid 
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1 agreements or other sharing arrangements that 

2 apply within the State or region, as applicable, 

3 during the previous fiscal year. 

4 ‘‘(C) How the funds were utilized by each 

5 ultimate recipient or beneficiary during the pre6 ceding fiscal year. 

7 ‘‘(D) The extent to which essential capabili8 ties identified in the applicable State homeland 

9 security plan or plans were achieved or enhanced 

10 as the result of the expenditure of grant funds 

11 during the preceding fiscal year. 

12 ‘‘(E) The extent to which essential capabili13 ties identified in the applicable State homeland 

14 security plan or plans remain unmet. 

15 ‘‘(5) INCLUSION OF RESTRICTED ANNEXES.—A 

16 recipient of a covered grant may submit to the Sec17 retary an annex to the report under paragraph (4) 

18 that is subject to appropriate handling restrictions, if 

19 the recipient believes that discussion in the report of 

20 unmet needs would reveal sensitive but unclassified 

21 information. 

22 ‘‘(6) PROVISION OF REPORTS.—The Secretary 

23 shall ensure that each report under paragraph (4) is 

24 provided to the Under Secretary for Emergency Pre-
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1 paredness and Response and the Director of the Office 

2 for Domestic Preparedness. 

3 ‘‘(f) INCENTIVES TO EFFICIENT ADMINISTRATION OF

4 HOMELAND SECURITY GRANTS.— 

5 ‘‘(1) PENALTIES FOR DELAY IN PASSING

6 THROUGH LOCAL SHARE.—If a recipient of a covered 

7 grant that is a State fails to pass through to local 

8 governments, first responders, and other local groups 

9 funds or resources required by subsection (e)(1) with10 in 45 days after receiving funds under the grant, the 

11 Secretary may— 

12 ‘‘(A) reduce grant payments to the grant re13 cipient from the portion of grant funds that is 

14 not required to be passed through under sub15 section (e)(1); 

16 ‘‘(B) terminate payment of funds under the 

17 grant to the recipient, and transfer the appro18 priate portion of those funds directly to local 

19 first responders that were intended to receive 

20 funding under that grant; or 

21 ‘‘(C) impose additional restrictions or bur22 dens on the recipient’s use of funds under the 

23 grant, which may include— 
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1 ‘‘(i) prohibiting use of such funds to 

2 pay the grant recipient’s grant-related over3 time or other expenses; 

4 ‘‘(ii) requiring the grant recipient to 

5 distribute to local government beneficiaries 

6 all or a portion of grant funds that are not 

7 required to be passed through under sub8 section (e)(1); or 

9 ‘‘(iii) for each day that the grant re10 cipient fails to pass through funds or re11 sources in accordance with subsection (e)(1), 

12 reducing grant payments to the grant re13 cipient from the portion of grant funds that 

14 is not required to be passed through under 

15 subsection (e)(1), except that the total 

16 amount of such reduction may not exceed 

17 20 percent of the total amount of the grant. 

18 ‘‘(2) EXTENSION OF PERIOD.—The Governor of a 

19 State may request in writing that the Secretary ex20 tend the 45-day period under paragraph (1) for an 

21 additional 15-day period. The Secretary may approve 

22 such a request, and may extend such period for addi23 tional 15-day periods, if the Secretary determines 

24 that the resulting delay in providing grant funding to 

25 the local government entities that will receive funding 
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1 under the grant will not have a significant detri2 mental impact on such entities’ terrorism prepared3 ness efforts. 

4 ‘‘(3) PROVISION OF NON-LOCAL SHARE TO LOCAL

5 GOVERNMENT.— 

6 ‘‘(A) IN GENERAL.—The Secretary may 

7 upon request by a local government pay to the 

8 local government a portion of the amount of a 

9 covered grant awarded to a State in which the 

10 local government is located, if— 

11 ‘‘(i) the local government will use the 

12 amount paid to expedite planned enhance13 ments to its terrorism preparedness as de14 scribed in any applicable State homeland 

15 security plan or plans; 

16 ‘‘(ii) the State has failed to pass 

17 through funds or resources in accordance 

18 with subsection (e)(1); and 

19 ‘‘(iii) the local government complies 

20 with subparagraphs (B) and (C). 

21 ‘‘(B) SHOWING REQUIRED.—To receive a 

22 payment under this paragraph, a local govern23 ment must demonstrate that— 
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1 ‘‘(i) it is identified explicitly as an ul2 timate recipient or intended beneficiary in 

3 the approved grant application; 

4 ‘‘(ii) it was intended by the grantee to 

5 receive a severable portion of the overall 

6 grant for a specific purpose that is identi7 fied in the grant application; 

8 ‘‘(iii) it petitioned the grantee for the 

9 funds or resources after expiration of the pe10 riod within which the funds or resources 

11 were required to be passed through under 

12 subsection (e)(1); and 

13 ‘‘(iv) it did not receive the portion of 

14 the overall grant that was earmarked or 

15 designated for its use or benefit. 

16 ‘‘(C) EFFECT OF PAYMENT.—Payment of 

17 grant funds to a local government under this 

18 paragraph— 

19 ‘‘(i) shall not affect any payment to 

20 another local government under this para21 graph; and 

22 ‘‘(ii) shall not prejudice consideration 

23 of a request for payment under this para24 graph that is submitted by another local 

25 government. 
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1 ‘‘(D) DEADLINE FOR ACTION BY SEC2 RETARY.—The Secretary shall approve or dis3 approve each request for payment under this 

4 paragraph by not later than 15 days after the 

5 date the request is received by the Department. 

6 ‘‘(g) REPORTS TO CONGRESS.—The Secretary shall 

7 submit an annual report to the Congress by December 31 

8 of each year— 

9 ‘‘(1) describing in detail the amount of Federal 

10 funds provided as covered grants that were directed to 

11 each State and region in the preceding fiscal year; 

12 ‘‘(2) containing information on the use of such 

13 grant funds by grantees; and 

14 ‘‘(3) describing, on a nationwide and State-by15 State basis— 

16 ‘‘(A) the extent to which essential capabili17 ties identified in applicable State homeland secu18 rity plan or plans were created or enhanced as 

19 the result of the expenditure of covered grant 

20 funds during the preceding fiscal year; 

21 ‘‘(B) the extent to which essential capabili22 ties identified in applicable State homeland secu23 rity plan or plans remain unmet; and 

24 ‘‘(C) an estimate of the amount of Federal, 

25 State, and local expenditures required to attain 
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1 across the United States the essential capabilities 

2 established under section 1802(a). 

3 ‘‘SEC. 1806. NATIONAL STANDARDS FOR FIRST RESPONDER 

4 EQUIPMENT AND TRAINING. 

5 ‘‘(a) EQUIPMENT STANDARDS.— 

6 ‘‘(1) IN GENERAL.—The Secretary, in consulta7 tion with the Under Secretary for Science and Tech8 nology and the Director of the Office for Domestic 

9 Preparedness, shall, not later than 6 months after the 

10 date of enactment of this section, support the develop11 ment of, promulgate, and update as necessary na12 tional voluntary consensus standards for the perform13 ance, use, and validation of first responder equipment 

14 for purposes of section 1804(e)(6). Such standards— 

15 ‘‘(A) shall be, to the maximum extent prac16 ticable, consistent with any existing voluntary 

17 consensus standards; 

18 ‘‘(B) shall take into account, as appro19 priate, new types of terrorism threats that may 

20 not have been contemplated when such existing 

21 standards were developed; and 

22 ‘‘(C) shall be focused on maximizing inter23 operability, interchangeability, durability, flexi24 bility, efficiency, efficacy, portability, sustain25 ability, and safety. 
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1 ‘‘(2) REQUIRED CATEGORIES.—In carrying out 

2 paragraph (1), the Secretary shall specifically con3 sider the following categories of first responder equip4 ment: 

5 ‘‘(A) Thermal imaging equipment. 

6 ‘‘(B) Radiation detection and analysis 

7 equipment. 

8 ‘‘(C) Biological detection and analysis 

9 equipment. 

10 ‘‘(D) Chemical detection and analysis 

11 equipment. 

12 ‘‘(E) Decontamination and sterilization 

13 equipment. 

14 ‘‘(F) Personal protective equipment, includ15 ing garments, boots, gloves, and hoods and other 

16 protective clothing. 

17 ‘‘(G) Respiratory protection equipment. 

18 ‘‘(H) Interoperable communications, includ19 ing wireless and wireline voice, video, and data 

20 networks. 

21 ‘‘(I) Explosive mitigation devices and explo22 sive detection and analysis equipment. 

23 ‘‘(J) Containment vessels. 

24 ‘‘(K) Contaminant-resistant vehicles. 
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1 ‘‘(L) Such other equipment for which the 

2 Secretary determines that national voluntary 

3 consensus standards would be appropriate. 

4 ‘‘(b) TRAINING STANDARDS.— 

5 ‘‘(1) IN GENERAL.—The Secretary, in consulta6 tion with the Under Secretaries for Emergency Pre7 paredness and Response and Science and Technology 

8 and the Director of the Office for Domestic Prepared9 ness, shall support the development of, promulgate, 

10 and regularly update as necessary national voluntary 

11 consensus standards for first responder training car12 ried out with amounts provided under covered grant 

13 programs, that will enable State and local govern14 ment first responders to achieve optimal levels of ter15 rorism preparedness as quickly as practicable. Such 

16 standards shall give priority to providing training 

17 to— 

18 ‘‘(A) enable first responders to prevent, pre19 pare for, respond to, and mitigate terrorist 

20 threats, including threats from chemical, biologi21 cal, nuclear, and radiological weapons and ex22 plosive devices capable of inflicting significant 

23 human casualties; and 

24 ‘‘(B) familiarize first responders with the 

25 proper use of equipment, including software, de-
46 

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1 veloped pursuant to the standards established 

2 under subsection (a). 

3 ‘‘(2) REQUIRED CATEGORIES.—In carrying out 

4 paragraph (1), the Secretary specifically shall include 

5 the following categories of first responder activities: 

6 ‘‘(A) Regional planning. 

7 ‘‘(B) Joint exercises. 

8 ‘‘(C) Intelligence collection, analysis, and 

9 sharing. 

10 ‘‘(D) Emergency notification of affected 

11 populations. 

12 ‘‘(E) Detection of biological, nuclear, radio13 logical, and chemical weapons of mass destruc14 tion. 

15 ‘‘(F) Such other activities for which the Sec16 retary determines that national voluntary con17 sensus training standards would be appropriate. 

18 ‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA19 TIONS.—In establishing national voluntary consensus 

20 standards for first responder equipment and training under 

21 this section, the Secretary shall consult with relevant public 

22 and private sector groups, including— 

23 ‘‘(1) the National Institute of Standards and 

24 Technology; 

25 ‘‘(2) the National Fire Protection Association; 
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1 ‘‘(3) the National Association of County and 

2 City Health Officials; 

3 ‘‘(4) the Association of State and Territorial 

4 Health Officials; 

5 ‘‘(5) the American National Standards Institute; 

6 ‘‘(6) the National Institute of Justice; 

7 ‘‘(7) the Inter-Agency Board for Equipment 

8 Standardization and Interoperability; 

9 ‘‘(8) the National Public Health Performance 

10 Standards Program; 

11 ‘‘(9) the National Institute for Occupational 

12 Safety and Health; 

13 ‘‘(10) ASTM International; and 

14 ‘‘(11) to the extent the Secretary considers ap15 propriate, other national voluntary consensus stand16 ards development organizations, other interested Fed17 eral, State, and local agencies, and other interested 

18 persons. 

19 ‘‘SEC. 1807. DEFINITIONS. 

20 ‘‘In this title: 

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

22 Responder Grants Board established under section 

23 1804(f). 
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1 ‘‘(2) COVERED GRANT.—The term ‘covered grant’ 

2 means any grant to which this title applies under sec3 tion 1801. 

4 ‘‘(3) ELEVATIONS IN THE THREAT ALERT

5 LEVEL.—The term ‘elevations in the threat alert level’ 

6 means any designation (including those that are less 

7 than national in scope) that raises the homeland secu8 rity threat level to either the highest or second highest 

9 threat level under the Homeland Security Advisory 

10 System referred to in section 201(d)(7). 

11 ‘‘(4) ESSENTIAL CAPABILITIES.—The term ‘es12 sential capabilities’ means the levels, availability, and 

13 competence of emergency personnel, planning, train14 ing, and equipment across a variety of disciplines 

15 needed to effectively and efficiently prevent, prepare 

16 for, and respond to acts of terrorism consistent with 

17 established practices. 

18 ‘‘(5) REGION.—The term ‘region’ means— 

19 ‘‘(A) any geographic area consisting of all 

20 or parts of 2 or more contiguous States, counties, 

21 municipalities, or other local governments that 

22 have a combined population of at least 1,650,000 

23 or have an area of not less than 20,000 square 

24 miles, and that, for purposes of an application 

25 for a covered grant, is represented by 1 or more 
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1 governments or governmental agencies within 

2 such geographic area, and that is established by 

3 law or by agreement of 2 or more such govern4 ments or governmental agencies in a mutual aid 

5 agreement; or 

6 ‘‘(B) any other combination of contiguous 

7 local government units (including such a com8 bination established by law or agreement of two 

9 or more governments or governmental agencies 

10 in a mutual aid agreement) that is formally cer11 tified by the Secretary as a region for purposes 

12 of this Act with the consent of— 

13 ‘‘(i) the State or States in which they 

14 are located, including a multi-State entity 

15 established by a compact between two or 

16 more States; and 

17 ‘‘(ii) the incorporated municipalities, 

18 counties, and parishes which they encom19 pass. 

20 ‘‘(6) TASK FORCE.—The term ‘Task Force’ 

21 means the Task Force on Essential Capabilities for 

22 First Responders established under section 1803. 

23 ‘‘(7) FIRST RESPONDER.—The term ‘first re24 sponder’ shall have the same meaning as the term 

25 ‘emergency response provider’.’’. 
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1 (b) DEFINITION OF EMERGENCY RESPONSE PRO2 VIDERS.—Section 2(6) of the Homeland Security Act of 

3 2002 (Public Law 107–296; 6 U.S.C. 101(6)) is amended 

4 by inserting ‘‘fire,’’ after ‘‘law enforcement,’’. 

5 (c) TEMPORARY LIMITATION ON APPLICATION.—The 

6 following provisions of title XVIII of the Homeland Secu7 rity Act of 2002, as amended by subsection (a), shall not 

8 apply during the 2 year period beginning on the date of 

9 the enactment of this Act: 

10 (1) Subsections (b), (c), (e) (except paragraph 

11 (5) of such subsection), and (f)(3)(B) of section 1804. 

12 (2) Subparagraphs (D) and (E) of section 

13 1805(e)(4). 

14 (3) Section 1805(g)(3). 

15 SEC. 4. MODIFICATION OF HOMELAND SECURITY ADVISORY 

16 SYSTEM. 

17 (a) IN GENERAL.—Subtitle A of title II of the Home18 land Security Act of 2002 (Public Law 107–296; 6 U.S.C. 

19 121 et seq.) is amended by adding at the end the following: 

20 ‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. 

21 ‘‘(a) IN GENERAL.—The Secretary shall revise the 

22 Homeland Security Advisory System referred to in section 

23 201(d)(7) to require that any designation of a threat level 

24 or other warning shall be accompanied by a designation 
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1 of the geographic regions or economic sectors to which the 

2 designation applies. 

3 ‘‘(b) REPORTS.—The Secretary shall report to the Con4 gress annually by not later than December 31 each year 

5 regarding the geographic region-specific warnings and eco6 nomic sector-specific warnings issued during the preceding 

7 fiscal year under the Homeland Security Advisory System 

8 referred to in section 201(d)(7), and the bases for such 

9 warnings. The report shall be submitted in unclassified 

10 form and may, as necessary, include a classified annex.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents in 

12 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

13 101 et seq.) is amended by inserting after the item relating 

14 to section 202 the following: 

‘‘203. Homeland Security Advisory System.’’. 

15 SEC. 5. COORDINATION OF INDUSTRY EFFORTS. 

16 Section 102(f) of the Homeland Security Act of 2002 

17 (Public Law 107–296; 6 U.S.C. 112(f)) is amended by strik18 ing ‘‘and’’ after the semicolon at the end of paragraph (6), 

19 by striking the period at the end of paragraph (7) and in20 serting ‘‘; and’’, and by adding at the end the following: 

21 ‘‘(8) coordinating industry efforts to identify 

22 private sector resources and capabilities that could be 

23 effective in supplementing Federal, State, and local 

24 government agency efforts to prevent or respond to a 

25 terrorist attack.’’. 
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1 SEC. 6. SUPERSEDED PROVISION. 

2 This Act supersedes section 1014 of Public Law 107– 

3 56. 

4 SEC. 7. SENSE OF CONGRESS REGARDING INTEROPERABLE 

5 COMMUNICATIONS. 

6 (a) FINDING.—The Congress finds that— 

7 (1) many first responders working in the same 

8 jurisdiction or in different jurisdictions cannot effec9 tively and efficiently communicate with one another, 

10 and 

11 (2) their inability to do so threatens the public’s 

12 safety and may result in unnecessary loss of lives and 

13 property. 

14 (b) SENSE OF CONGRESS.—It is the sense of the Con15 gress that it is of national importance that interoperable 

16 emergency communications systems that to the extent pos17 sible meet national voluntary consensus standards should 

18 be developed and promulgated as soon as practicable for use 

19 by the first responder community. 

20 SEC. 8. SENSE OF CONGRESS REGARDING CITIZEN CORPS 

21 COUNCILS. 

22 (a) FINDING.—The Congress finds that Citizen Corps 

23 councils help to enhance local citizen participation in ter24 rorism preparedness by coordinating multiple Citizen 

25 Corps programs, developing community action plans, as26 sessing possible threats, and identifying local resources. 
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1 (b) SENSE OF CONGRESS.—It is the sense of the Con2 gress that individual Citizen Corps councils should seek to 

3 enhance the preparedness and response capabilities of all 

4 organizations participating in the councils, including by 

5 providing funding to as many of their participating orga6 nizations as practicable to promote local terrorism pre7 paredness programs. 

8 SEC. 9. STUDY REGARDING NATIONWIDE EMERGENCY NO9 TIFICATION SYSTEM. 

10 (a) STUDY.—The Secretary of Homeland Security, in 

11 consultation with the heads of other appropriate Federal 

12 agencies and representatives of providers and participants 

13 in the telecommunications industry, shall conduct a study 

14 to determine whether it is cost-effective, efficient, or feasible 

15 to establish and implement an emergency telephonic alert 

16 notification system that will— 

17 (1) alert persons in the United States of immi18 nent or current hazardous events caused by acts of 

19 terrorism; and 

20 (2) provide information to individuals regarding 

21 appropriate measures that may be undertaken to al22 leviate or minimize threats to their safety and welfare 

23 posed by such events. 

24 (b) TECHNOLOGIES TO CONSIDER.—In conducting the 

25 study, the Secretary shall consider the use of the telephone, 
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1 wireless communications, and other existing communica2 tions networks to provide such notification. 

3 (c) REPORT.—Not later than 9 months after the date 

4 of the enactment of this Act, the Secretary shall submit to 

5 the Congress a report regarding the conclusions of the study. 

6 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

7 For making covered grants (as that term is defined 

8 in section 1807 of the Homeland Security Act of 2002, as 

9 amended by this Act) there is authorized to be appropriated 

10 to the Secretary of Homeland Security $3,400,000,000 for 

11 fiscal year 2006. 

12 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

13 (a) SHORT TITLE.—This Act may be cited as 

14 the ‘‘Faster and Smarter Funding for First Re15 sponders Act of 2004’’. 

16 (b) TABLE OF CONTENTS.—The table of con17 tents 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. 
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Sec. 8. Sense of Congress regarding Citizen Corps councils. 

Sec. 9. Study regarding nationwide emergency notification system. 

Sec. 10. Authorization of appropriations. 

1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) In order to achieve its objective of 

4 minimizing the damage, and assisting in 

5 the recovery, from terrorist attacks, the 

6 Department of Homeland Security must 

7 play a leading role in assisting commu8 nities to reach the level of preparedness 

9 they need to respond to a terrorist attack. 

10 (2) First responder funding is not 

11 reaching the men and women of our Na12 tion’s first response teams quickly enough, 

13 and sometimes not at all. 

14 (3) To reform the current bureau15 cratic process so that homeland security 

16 dollars reach the first responders who 

17 need it most, it is necessary to clarify and 

18 consolidate the authority and procedures 

19 of the Department of Homeland Security 

20 to support first responders. 

21 (4) Ensuring adequate resources for 

22 the new national mission of homeland se23 curity requires a discrete and separate 
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1 grant making process for homeland secu2 rity funds for first response to terrorist 

3 acts, on the one hand, and for first re4 sponder programs designed to meet pre-9/ 

5 11 priorities, on the other. 

6 (5) Homeland security grants to first 

7 responders must be based on the best in8 telligence concerning the capabilities and 

9 intentions of our terrorist enemies, and 

10 that intelligence must be used to target re11 sources to the Nation’s greatest risks, 

12 vulnerabilities, and consequences. 

13 (6) The Nation’s first response capa14 bilities will be improved by sharing re15 sources, training, planning, personnel, 

16 and equipment among neighboring juris17 dictions through mutual aid agreements 

18 and regional cooperation. Such regional 

19 cooperation should be supported, where 

20 appropriate, through direct grants from 

21 the Department of Homeland Security. 

22 (7) An essential prerequisite to achiev23 ing the Nation’s homeland security objec24 tives for first responders is the establish25 ment of well-defined national goals for 
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1 terrorism preparedness. These goals 

2 should delineate the essential capabilities 

3 that every jurisdiction in the United 

4 States should possess or to which it 

5 should have access. 

6 (8) A national determination of essen7 tial capabilities is needed to identify lev8 els of State and local government ter9 rorism preparedness, to determine the na10 ture and extent of State and local first re11 sponder needs, to identify the human and 

12 financial resources required to fulfill 

13 them, and to direct funding to meet those 

14 needs and to measure preparedness levels 

15 on a national scale. 

16 (9) To facilitate progress in attaining 

17 essential capabilities for State and local 

18 first responders, the Department of Home19 land Security should seek to allocate 

20 homeland security funding for first re21 sponders to meet nationwide needs. 

22 (10) Private sector resources and cit23 izen volunteers can perform critical func24 tions in assisting in preventing and re25 sponding to terrorist attacks, and should 
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1 be integrated into State and local plan2 ning efforts to ensure that their capabili3 ties and roles are understood, so as to pro4 vide enhanced State and local oper5 ational capability and surge capacity. 

6 (11) Public-private partnerships, such 

7 as the partnerships between the Business 

8 Executives for National Security and the 

9 States of New Jersey and Georgia, can be 

10 useful to identify and coordinate private 

11 sector support for State and local first re12 sponders. Such models should be ex13 panded to cover all States and territories. 

14 (12) An important component of na15 tional standards is measurability, so that 

16 it is possible to determine how prepared a 

17 State or local government is now, and 

18 what additional steps it needs to take, in 

19 order to respond to acts of terrorism. 

20 (13) The Department of Homeland Se21 curity should establish, publish, and regu22 larly update national voluntary consensus 

23 standards for both equipment and train24 ing, in cooperation with both public and 

25 private sector standard setting organiza-
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1 tions, to assist State and local govern2 ments in obtaining the equipment and 

3 training to attain the essential capabili4 ties for first response to acts of terrorism, 

5 and to ensure that first responder funds 

6 are spent wisely. 

7 SEC. 3. FASTER AND SMARTER FUNDING FOR FIRST RE8 SPONDERS. 

9 (a) IN GENERAL.—The Homeland Security 

10 Act of 2002 (Public Law 107–296; 6 U.S.C. 361 

11 et seq.) is amended—

12 (1) in section 1(b) in the table of con13 tents 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 

14 (2) by adding at the end the following: 

15 ‘‘TITLE XVIII—FUNDING FOR 

16 FIRST RESPONDERS 

17 ‘‘SEC. 1801. FASTER AND SMARTER FUNDING FOR FIRST RE18 SPONDERS. 

19 ‘‘(a) COVERED GRANTS.—This title applies 

20 to any grant provided by the Department to 

21 States or regions to improve the ability of first 
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1 responders to prevent, prepare for, respond to, 

2 or mitigate threatened or actual terrorist at3 tacks, especially those involving weapons of 

4 mass destruction, and including any grant 

5 under the following: 

6 ‘‘(1) STATE HOMELAND SECURITY GRANT

7 PROGRAM.—The State Homeland Security 

8 Grant Program of the Department, or any 

9 successor to such grant program. 

10 ‘‘(2) URBAN AREA SECURITY INITIATIVE.—

11 The Urban Area Security Initiative of the 

12 Department, or any successor to such 

13 grant program. 

14 ‘‘(b) EXCLUDED PROGRAMS.—This title does 

15 not apply to or otherwise affect the following 

16 Federal grant programs or any grant under 

17 such a program: 

18 ‘‘(1) NONDEPARTMENT PROGRAMS.—Any 

19 Federal grant program that is not admin20 istered by the Department. 

21 ‘‘(2) FIRE GRANT PROGRAMS.—The fire 

22 grant programs authorized by sections 33 

23 and 34 of the Federal Fire Prevention and 

24 Control Act of 1974 (15 U.S.C. 2229, 

25 2229a). 
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1 ‘‘(3) EMERGENCY MANAGEMENT PLANNING

2 AND ASSISTANCE ACCOUNT GRANTS.—The 

3 Emergency Management Performance 

4 Grant program and the Urban Search 

5 and Rescue Grants program authorized 

6 by title VI of the Robert T. Stafford Dis7 aster Relief and Emergency Assistance Act 

8 (42 U.S.C. 5195 et seq.); the Departments 

9 of Veterans Affairs and Housing and 

10 Urban Development, and Independent 

11 Agencies Appropriations Act, 2000 (113 

12 Stat. 1047 et seq.); and the Earthquake 

13 Hazards Reduction Act of 1977 (42 U.S.C. 

14 7701 et seq.). 

15 ‘‘SEC. 1802. ESSENTIAL CAPABILITIES FOR FIRST RESPOND16 ERS. 

17 ‘‘(a) ESTABLISHMENT OF ESSENTIAL CAPA18 BILITIES.—

19 ‘‘(1) IN GENERAL.—For purposes of cov20 ered grants, the Secretary shall establish 

21 clearly defined essential capabilities for 

22 State and local government preparedness 

23 for terrorism, in consultation with—

24 ‘‘(A) the Under Secretaries for 

25 Emergency Preparedness and Re-
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1 sponse, Border and Transportation 

2 Security, Information Analysis and In3 frastructure Protection, and Science 

4 and Technology, and the Director of 

5 the Office for Domestic Preparedness; 

6 ‘‘(B) other appropriate Federal 

7 agencies; 

8 ‘‘(C) State and local first re9 sponder agencies and officials; and 

10 ‘‘(D) groups responsible for setting 

11 standards relevant to the first re12 sponder community. 

13 ‘‘(2) DEADLINES.—The Secretary 

14 shall—

15 ‘‘(A) establish essential capabili16 ties under paragraph (1) not later 

17 than 120 days after the date of the en18 actment of this section; and 

19 ‘‘(B) regularly update such essen20 tial capabilities as necessary, but not 

21 less than every 3 years. 

22 ‘‘(3) PROVISION OF ESSENTIAL CAPABILI23 TIES.—The Secretary shall ensure that es24 sential capabilities established under 

25 paragraph (1) are provided promptly to 
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1 the States and to the Congress. The States 

2 shall make the essential capabilities 

3 available as necessary and appropriate to 

4 local governments within their jurisdic5 tions. 

6 ‘‘(b) OBJECTIVES.—The Secretary shall en7 sure that essential capabilities established 

8 under subsection (a)(1) meet the following ob9 jectives: 

10 ‘‘(1) SPECIFICITY.—The determination 

11 of essential capabilities specifically shall 

12 describe the training, planning, per13 sonnel, and equipment that different types 

14 of communities in the Nation should pos15 sess, or to which they should have access, 

16 in order to meet the Department’s goals 

17 for terrorism preparedness based upon—

18 ‘‘(A) the most current risk assess19 ment available by the Directorate for 

20 Information Analysis and Infrastruc21 ture Protection of the threats of ter22 rorism against the United States; and 

23 ‘‘(B) the types of threats, 

24 vulnerabilities, geography, size, and 

25 other factors that the Secretary has 
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1 determined to be applicable to each 

2 different type of community. 

3 ‘‘(2) FLEXIBILITY.—The establishment 

4 of essential capabilities shall be suffi5 ciently flexible to allow State and local 

6 government officials to set priorities 

7 based on particular needs, while reaching 

8 nationally determined terrorism pre9 paredness levels within a specified time 

10 period. 

11 ‘‘(3) MEASURABILITY.—The establish12 ment of essential capabilities shall be de13 signed to enable measurement of progress 

14 towards specific terrorism preparedness 

15 goals. 

16 ‘‘(c) THREATS TO BE CONSIDERED.—

17 ‘‘(1) IN GENERAL.—In establishing es18 sential capabilities under subsection 

19 (a)(1), the Secretary specifically shall con20 sider the variables of threat, vulner21 ability, and consequences with respect to 

22 the Nation’s population (including tran23 sient commuting and tourist populations) 

24 and critical infrastructure. Such consid25 eration shall be based upon the most cur-
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1 rent risk assessment available by the Di2 rectorate for Information Analysis and In3 frastructure Protection of the threats of 

4 terrorism against the United States. 

5 ‘‘(2) CRITICAL INFRASTRUCTURE SEC6 TORS.—The Secretary specifically shall 

7 consider threats of terrorism against the 

8 following critical infrastructure sectors in 

9 all areas of the Nation, urban and rural: 

10 ‘‘(A) Agriculture. 

11 ‘‘(B) Banking and finance. 

12 ‘‘(C) Chemical industries. 

13 ‘‘(D) The defense industrial base. 

14 ‘‘(E) Emergency services. 

15 ‘‘(F) Energy. 

16 ‘‘(G) Food. 

17 ‘‘(H) Government. 

18 ‘‘(I) Postal and shipping. 

19 ‘‘(J) Public health. 

20 ‘‘(K) Information and tele21 communications networks. 

22 ‘‘(L) Transportation. 

23 ‘‘(M) Water. 

24 The order in which the critical infrastruc25 ture sectors are listed in this paragraph 
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1 shall not be construed as an order of pri2 ority for consideration of the importance 

3 of such sectors. 

4 ‘‘(3) CONSIDERATION OF ADDITIONAL

5 THREATS.—In establishing essential capa6 bilities under subsection (a)(1), the Sec7 retary shall take into account any other 

8 specific threat to a population (including 

9 a transient commuting or tourist popu10 lation) or critical infrastructure sector 

11 that the Secretary has determined to exist. 

12 ‘‘SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA. 

13 ‘‘(a) GRANT ELIGIBILITY.—Any State or re14 gion shall be eligible to apply for a covered 

15 grant. 

16 ‘‘(b) GRANT CRITERIA.—In awarding cov17 ered grants, the Secretary shall assist States 

18 and local governments in achieving the essen19 tial capabilities for first responders estab20 lished by the Secretary under section 1802. 

21 ‘‘(c) STATE HOMELAND SECURITY PLANS.—

22 ‘‘(1) SUBMISSION OF PLANS.—The Sec23 retary shall require that any State apply24 ing to the Secretary for a covered grant 
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1 must submit to the Secretary a 3-year 

2 State homeland security plan that—

3 ‘‘(A) demonstrates the extent to 

4 which the State has achieved the es5 sential capabilities that apply to the 

6 State; 

7 ‘‘(B) demonstrates the additional 

8 needs of the State necessary to achieve 

9 the essential capabilities that apply to 

10 the State; 

11 ‘‘(C) includes a prioritization of 

12 such additional needs based on 

13 threat, vulnerability, and consequence 

14 assessment factors applicable to the 

15 State; 

16 ‘‘(D) describes how the State in17 tends—

18 ‘‘(i) to address such additional 

19 needs at the city, county, regional, 

20 State, and interstate level; 

21 ‘‘(ii) to use all Federal, State, 

22 and local resources available for 

23 the purpose of addressing such 

24 additional needs; and 
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1 ‘‘(iii) to give particular em2 phasis to regional planning and 

3 cooperation, both within its juris4 dictional borders and with neigh5 boring States; and 

6 ‘‘(E) is developed in consultation 

7 with and subject to appropriate com8 ment by local governments within the 

9 State. 

10 ‘‘(2) APPROVAL BY SECRETARY.—The 

11 Secretary may not award any covered 

12 grant to a State unless the Secretary has 

13 approved the applicable State homeland 

14 security plan. 

15 ‘‘(d) CONSISTENCY WITH STATE PLANS.—The 

16 Secretary shall ensure that each covered grant 

17 is used to supplement and support, in a con18 sistent and coordinated manner, the applica19 ble State homeland security plan or plans. 

20 ‘‘(e) APPLICATION FOR GRANT.—

21 ‘‘(1) IN GENERAL.—Any State or region 

22 may apply for a covered grant by submit23 ting to the Secretary an application at 

24 such time, in such manner, and con25 taining such information as is required 
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1 under this subsection, or as the Secretary 

2 may reasonably require. 

3 ‘‘(2) DEADLINES FOR APPLICATIONS AND

4 AWARDS.—All applications for covered 

5 grants must be submitted to the Secretary 

6 no later than February 15 of the fiscal 

7 year for which they are submitted. The 

8 Secretary shall award covered grants pur9 suant to all approved applications for 

10 such fiscal year as soon as practicable, 

11 but not later than July 31 of such year. 

12 ‘‘(3) AVAILABILITY OF FUNDS.—All funds 

13 awarded by the Secretary under covered 

14 grants in a fiscal year shall be available 

15 for obligation through the end of the sub16 sequent fiscal year. 

17 ‘‘(4) MINIMUM CONTENTS OF APPLICA18 TION.—The Secretary shall require that 

19 each applicant include in its application, 

20 at a minimum—

21 ‘‘(A) the purpose for which the ap22 plicant seeks covered grant funds and 

23 the reasons why the applicant needs 

24 the covered grant to meet the essential 

25 capabilities for terrorism prepared-
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1 ness within the State or region to 

2 which the application pertains; 

3 ‘‘(B) a description of how, by ref4 erence to the applicable State home5 land security plan or plans under sub6 section (c), the allocation of grant 

7 funding proposed in the application, 

8 including, where applicable, the 

9 amount not passed through under sec10 tion 1804(e)(1), would assist in ful11 filling the essential capabilities speci12 fied in such plan or plans; 

13 ‘‘(C) a statement of whether a mu14 tual aid agreement applies to the use 

15 of all or any portion of the covered 

16 grant funds; 

17 ‘‘(D) if the applicant is a region—

18 ‘‘(i) a precise geographical de19 scription of the region and a spec20 ification of all participating and 

21 nonparticipating local govern22 ments within the geographical 

23 area comprising that region; 

24 ‘‘(ii) a specification of what 

25 governmental entity within the re-
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1 gion will administer the expendi2 ture of funds under the covered 

3 grant; and 

4 ‘‘(iii) a designation of a spe5 cific individual to serve as re6 gional liaison; 

7 ‘‘(E) a capital budget showing how 

8 the applicant intends to allocate and 

9 expend the covered grant funds; and 

10 ‘‘(F) a statement of how the appli11 cant intends to meet the matching re12 quirement, if any, that applies under 

13 section 1804(e)(2). 

14 ‘‘(5) REGIONAL APPLICATIONS.—

15 ‘‘(A) SUBMISSION TO STATE OR

16 STATES.—To ensure the consistency re17 quired under subsection (d), an appli18 cant that is a region must simulta19 neously submit its application to the 

20 Department and to each State of 

21 which any part is included in the re22 gion. 

23 ‘‘(B) OPPORTUNITY FOR STATE COM24 MENT.—Before awarding any covered 

25 grant to a region, the Secretary shall 
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1 provide an opportunity to each State 

2 of which any part is included in a re3 gion, during the 30-day period begin4 ning on the date on which the region 

5 submits an application for a covered 

6 grant, to comment to the Secretary on 

7 the consistency of the region’s plan 

8 with the State’s homeland security 

9 plan. 

10 ‘‘(C) FINAL AUTHORITY.—The Sec11 retary shall have final authority to 

12 determine the consistency of any re13 gional application with the applica14 ble State homeland security plan or 

15 plans and approve any regional appli16 cation. The Secretary shall notify each 

17 State of which any part is included in 

18 a region of the approval of a regional 

19 application for that region. 

20 ‘‘(D) REGIONAL LIAISONS.—A re21 gional liaison designated under para22 graph (4)(D)(iii) shall—

23 ‘‘(i) coordinate with Federal, 

24 State, local, regional, and private 
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1 officials within the region con2 cerning terrorism preparedness; 

3 ‘‘(ii) develop a process for re4 ceiving input from Federal, State, 

5 local, regional, and private sector 

6 officials within the region to as7 sist in the development of the re8 gional application and to improve 

9 the region’s access to covered 

10 grants; and 

11 ‘‘(iii) administer, in consulta12 tion with State, local, regional, 

13 and private officials within the re14 gion, covered grants awarded to 

15 the region. 

16 ‘‘(6) EQUIPMENT STANDARDS.—If an ap17 plicant for a covered grant proposes to 

18 upgrade or purchase, with assistance pro19 vided under the grant, new equipment or 

20 systems that do not meet or exceed any ap21 plicable national voluntary consensus 

22 standards established by the Secretary 

23 under section 1805(a), the applicant shall 

24 include in the application an explanation 

25 of why such equipment or systems will 
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1 serve the needs of the applicant better 

2 than equipment or systems that meet or 

3 exceed such standards. 

4 ‘‘(f) FIRST RESPONDER GRANTS BOARD.—

5 ‘‘(1) ESTABLISHMENT OF BOARD.—The 

6 Secretary shall establish a First Re7 sponder Grants Board, consisting of—

8 ‘‘(A) the Secretary; 

9 ‘‘(B) the Under Secretary for Emer10 gency Preparedness and Response; 

11 ‘‘(C) the Under Secretary for Bor12 der and Transportation Security; 

13 ‘‘(D) the Under Secretary for Infor14 mation Analysis and Infrastructure 

15 Protection; 

16 ‘‘(E) the Under Secretary for 

17 Science and Technology; and 

18 ‘‘(F) the Director of the Office for 

19 Domestic Preparedness. 

20 ‘‘(2) CHAIRMAN.—

21 ‘‘(A) IN GENERAL.—The Secretary 

22 shall be the Chairman of the Board. 

23 ‘‘(B) EXERCISE OF AUTHORITIES BY

24 DEPUTY SECRETARY.—The Deputy Sec25 retary of Homeland Security may exer-
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1 cise the authorities of the Chairman, 

2 if the Secretary so directs. 

3 ‘‘(3) RANKING OF GRANT APPLICATIONS.—

4 ‘‘(A) PRIORITIZATION OF GRANTS.—

5 The Board shall evaluate and annu6 ally prioritize all pending applica7 tions for covered grants based upon 

8 the degree to which they would lessen 

9 the threat to, vulnerability of, and 

10 consequences for persons and critical 

11 infrastructure. 

12 ‘‘(B) ACHIEVING NATIONWIDE CAPA13 BILITY.—In evaluating and 

14 prioritizing grant applications under 

15 subparagraph (A), the Board shall—

16 ‘‘(i) seek to achieve and en17 hance essential capabilities 

18 throughout the Nation; and 

19 ‘‘(ii) seek to allocate a portion 

20 of the funds available for covered 

21 grants each fiscal year for the 

22 purpose of making covered grants 

23 to each approved applicant that 

24 the Board determines has dem-
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1 onstrated a valid need in its ap2 plication. 

3 ‘‘(4) FUNCTIONS OF UNDER SECRE4 TARIES.—The Under Secretaries referred to 

5 in paragraph (1) shall seek to ensure that 

6 the relevant expertise and input of the 

7 staff of their directorates are available to 

8 and considered by the Board. 

9 ‘‘SEC. 1804. USE OF FUNDS AND ACCOUNTABILITY REQUIRE10 MENTS. 

11 ‘‘(a) IN GENERAL.—A covered grant may be 

12 used for—

13 ‘‘(1) purchasing or upgrading equip14 ment, including computer software, to en15 hance terrorism preparedness and re16 sponse; 

17 ‘‘(2) exercises to strengthen terrorism 

18 preparedness and response; 

19 ‘‘(3) training for prevention (includ20 ing detection) of, preparedness for, or re21 sponse to attacks involving weapons of 

22 mass destruction, including training in 

23 the use of equipment and computer soft24 ware; 
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1 ‘‘(4) developing or updating response 

2 plans; 

3 ‘‘(5) establishing or enhancing mecha4 nisms for sharing terrorism threat infor5 mation pursuant to this Act; 

6 ‘‘(6) systems architecture and engi7 neering, program planning and manage8 ment, strategy formulation and strategic 

9 planning, life-cycle systems design, prod10 uct and technology evaluation, and proto11 type development for terrorism prepared12 ness and response purposes; 

13 ‘‘(7) additional personnel costs result14 ing from—

15 ‘‘(A) elevations in the threat alert 

16 level of the Homeland Security Advi17 sory System; 

18 ‘‘(B) travel to and participation in 

19 exercises and training in the use of 

20 equipment and on prevention activi21 ties; and 

22 ‘‘(C) the temporary replacement of 

23 personnel during any period of travel 

24 to and participation in exercises and 
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1 training in the use of equipment and 

2 on prevention activities; 

3 ‘‘(8) the costs of equipment (including 

4 software) required to receive, transmit, 

5 handle, and store classified information; 

6 ‘‘(9) enhancing facilities to serve as 

7 operations centers, or hardening critical 

8 infrastructure against potential attack by 

9 the addition of barriers, fences, gates, and 

10 other such devices; 

11 ‘‘(10) the costs of commercially avail12 able interoperable communications equip13 ment (which, where applicable, is based 

14 on national, voluntary consensus stand15 ards) that the Secretary, in consultation 

16 with the Chairman of the Federal Com17 munications Commission, deems best suit18 ed to facilitate interoperability, coordina19 tion, and integration between and among 

20 emergency communications systems, and 

21 that complies with prevailing grant guid22 ance of the Department for interoperable 

23 communications; 
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1 ‘‘(11) educational curricula develop2 ment for first responders to ensure that 

3 they are prepared for terrorist attacks; 

4 ‘‘(12) training and exercises to assist 

5 public elementary and secondary schools 

6 in developing and implementing pro7 grams to instruct students regarding age8 appropriate skills to prepare for and re9 spond to an act of terrorism; and 

10 ‘‘(13) other appropriate activities as 

11 determined by the Secretary. 

12 ‘‘The costs of training described in this sub13 section include such costs for full-time, part14 time, and volunteer first responders. 

15 ‘‘(b) PROHIBITED USES.—Funds provided as 

16 a covered grant may not be used—

17 ‘‘(1) to supplant State or local funds 

18 for, or otherwise support, traditional mis19 sions of State and local law enforcement, 

20 firefighters, emergency medical services, 

21 or public health agencies, unless such 

22 support serves a dual purpose and the 

23 funds are primarily intended to enhance 

24 terrorism preparedness; 
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1 ‘‘(2) to construct buildings or other 

2 physical facilities; 

3 ‘‘(3) to acquire land; or 

4 ‘‘(4) for any State or local government 

5 cost sharing contribution. 

6 ‘‘(c) ASSISTANCE REQUIREMENT.—The Sec7 retary may not request that equipment paid 

8 for, wholly or in part, with funds provided as 

9 a covered grant be made available for re10 sponding to emergencies in surrounding 

11 States, regions, and localities, unless the Sec12 retary undertakes to pay the costs directly at13 tributable to transporting and operating such 

14 equipment during such response. 

15 ‘‘(d) FLEXIBILITY IN UNSPENT HOMELAND SE16 CURITY GRANT FUNDS.—Upon request by the re17 cipient of a covered grant, the Secretary may 

18 authorize the grantee to transfer all or part of 

19 funds provided as the covered grant from uses 

20 specified in the grant agreement to other uses 

21 authorized under this section, if the Secretary 

22 determines that such transfer is in the inter23 ests of homeland security. 

24 ‘‘(e) STATE AND REGIONAL RESPONSIBIL25 ITIES.—
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1 ‘‘(1) PASS-THROUGH.—The Secretary 

2 shall require a recipient of a covered 

3 grant that is a State to obligate or other4 wise make available to local governments, 

5 first responders, and other local groups, 

6 to the extent required under the State 

7 homeland security plan or plans specified 

8 in the application for the grant, not less 

9 than 80 percent of the grant funds, re10 sources purchased with the grant funds 

11 having a value equal to at least 80 per12 cent of the amount of the grant, or a com13 bination thereof, by not later than the end 

14 of the 45-day period beginning on the date 

15 the grant recipient receives the grant 

16 funds. 

17 ‘‘(2) COST SHARING.—

18 ‘‘(A) IN GENERAL.—The Federal 

19 share of the costs of an activity car20 ried out with a covered grant to a 

21 State or region awarded after the 2- 

22 year period beginning on the date of 

23 the enactment of this section shall not 

24 exceed 75 percent. 
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1 ‘‘(B) INTERIM RULE.—The Federal 

2 share of the costs of an activity car3 ried out with a covered grant award4 ed before the end of the 2-year period 

5 beginning on the date of the enact6 ment of this section shall be 100 per7 cent. 

8 ‘‘(C) IN-KIND MATCHING.—Each re9 cipient of a covered grant may meet 

10 the matching requirement under sub11 paragraph (A) by making in-kind con12 tributions of goods or services that are 

13 directly linked with the purpose for 

14 which the grant is made, including, 

15 but not limited to, any necessary per16 sonnel overtime, contractor services, 

17 administrative costs, equipment fuel 

18 and maintenance, and rental space. 

19 ‘‘(3) CERTIFICATIONS REGARDING DIS20 TRIBUTION OF GRANT FUNDS TO LOCAL GOV21 ERNMENTS.—Any State that receives a cov22 ered grant shall certify to the Secretary, 

23 by not later than 30 days after the expira24 tion of the period described in paragraph 

25 (1) with respect to the grant, that the 
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1 State has made available for expenditure 

2 by local governments, first responders, 

3 and other local groups the required 

4 amount of grant funds pursuant to para5 graph (1). 

6 ‘‘(4) REPORT ON HOMELAND SECURITY

7 SPENDING.—Each recipient of a covered 

8 grant shall submit a report to the Sec9 retary not later than 60 days after the end 

10 of each fiscal year. Each recipient of a 

11 covered grant that is a region must simul12 taneously submit its report to each State 

13 of which any part is included in the re14 gion. Each report must include the fol15 lowing: 

16 ‘‘(A) The amount, ultimate recipi17 ents, and dates of receipt of all funds 

18 received under the grant during the 

19 previous fiscal year. 

20 ‘‘(B) The amount and the dates of 

21 disbursements of all such funds ex22 pended in compliance with paragraph 

23 (1) or pursuant to mutual aid agree24 ments or other sharing arrangements 

25 that apply within the State or region, 
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1 as applicable, during the previous fis2 cal year. 

3 ‘‘(C) How the funds were utilized 

4 by each ultimate recipient or bene5 ficiary during the preceding fiscal 

6 year. 

7 ‘‘(D) The extent to which essential 

8 capabilities identified in the applica9 ble State homeland security plan or 

10 plans were achieved or enhanced as 

11 the result of the expenditure of grant 

12 funds during the preceding fiscal 

13 year. 

14 ‘‘(E) The extent to which essential 

15 capabilities identified in the applica16 ble State homeland security plan or 

17 plans remain unmet. 

18 ‘‘(5) INCLUSION OF RESTRICTED AN19 NEXES.—A recipient of a covered grant 

20 may submit to the Secretary an annex to 

21 the report under paragraph (4) that is 

22 subject to appropriate handling restric23 tions, if the recipient believes that discus24 sion in the report of unmet needs would 
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1 reveal sensitive but unclassified informa2 tion. 

3 ‘‘(6) PROVISION OF REPORTS.—The Sec4 retary shall ensure that each report under 

5 paragraph (4) is provided to the Under 

6 Secretary for Emergency Preparedness 

7 and Response and the Director of the Of8 fice for Domestic Preparedness. 

9 ‘‘(f) INCENTIVES TO EFFICIENT ADMINISTRA10 TION OF HOMELAND SECURITY GRANTS.—

11 ‘‘(1) PENALTIES FOR DELAY IN PASSING

12 THROUGH LOCAL SHARE.—If a recipient of a 

13 covered grant that is a State fails to pass 

14 through to local governments, first re15 sponders, and other local groups funds or 

16 resources required by subsection (e)(1) 

17 within 45 days after receiving funds 

18 under the grant, the Secretary may—

19 ‘‘(A) reduce grant payments to the 

20 grant recipient from the portion of 

21 grant funds that is not required to be 

22 passed through under subsection 

23 (e)(1); 

24 ‘‘(B) terminate payment of funds 

25 under the grant to the recipient, and 
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1 transfer the appropriate portion of 

2 those funds directly to local first re3 sponders that were intended to receive 

4 funding under that grant; or 

5 ‘‘(C) impose additional restric6 tions or burdens on the recipient’s use 

7 of funds under the grant, which may 

8 include—

9 ‘‘(i) prohibiting use of such 

10 funds to pay the grant recipient’s 

11 grant-related overtime or other ex12 penses; 

13 ‘‘(ii) requiring the grant re14 cipient to distribute to local gov15 ernment beneficiaries all or a por16 tion of grant funds that are not 

17 required to be passed through 

18 under subsection (e)(1); or 

19 ‘‘(iii) for each day that the 

20 grant recipient fails to pass 

21 through funds or resources in ac22 cordance with subsection (e)(1), 

23 reducing grant payments to the 

24 grant recipient from the portion of 

25 grant funds that is not required to 
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1 be passed through under sub2 section (e)(1), except that the total 

3 amount of such reduction may not 

4 exceed 20 percent of the total 

5 amount of the grant. 

6 ‘‘(2) EXTENSION OF PERIOD.—The Gov7 ernor of a State may request in writing 

8 that the Secretary extend the 45-day pe9 riod under paragraph (1) for an addi10 tional 15-day period. The Secretary may 

11 approve such a request, and may extend 

12 such period for additional 15-day periods, 

13 if the Secretary determines that the re14 sulting delay in providing grant funding 

15 to the local government entities that will 

16 receive funding under the grant will not 

17 have a significant detrimental impact on 

18 such entities’ terrorism preparedness ef19 forts. 

20 ‘‘(3) PROVISION OF NON-LOCAL SHARE TO

21 LOCAL GOVERNMENT.—

22 ‘‘(A) IN GENERAL.—The Secretary 

23 may upon request by a local govern24 ment pay to the local government a 

25 portion of the amount of a covered 
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1 grant awarded to a State in which the 

2 local government is located, if—

3 ‘‘(i) the local government will 

4 use the amount paid to expedite 

5 planned enhancements to its ter6 rorism preparedness as described 

7 in any applicable State homeland 

8 security plan or plans; 

9 ‘‘(ii) the State has failed to 

10 pass through funds or resources in 

11 accordance with subsection (e)(1); 

12 and 

13 ‘‘(iii) the local government 

14 complies with subparagraphs (B) 

15 and (C). 

16 ‘‘(B) SHOWING REQUIRED.—To re17 ceive a payment under this para18 graph, a local government must dem19 onstrate that—

20 ‘‘(i) it is identified explicitly as 

21 an ultimate recipient or intended 

22 beneficiary in the approved grant 

23 application; 

24 ‘‘(ii) it was intended by the 

25 grantee to receive a severable por-
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1 tion of the overall grant for a spe2 cific purpose that is identified in 

3 the grant application; 

4 ‘‘(iii) it petitioned the grantee 

5 for the funds or resources after ex6 piration of the period within 

7 which the funds or resources were 

8 required to be passed through 

9 under subsection (e)(1); and 

10 ‘‘(iv) it did not receive the por11 tion of the overall grant that was 

12 earmarked or designated for its 

13 use or benefit. 

14 ‘‘(C) EFFECT OF PAYMENT.—Pay15 ment of grant funds to a local govern16 ment under this paragraph—

17 ‘‘(i) shall not affect any pay18 ment to another local government 

19 under this paragraph; and 

20 ‘‘(ii) shall not prejudice con21 sideration of a request for pay22 ment under this paragraph that is 

23 submitted by another local govern24 ment. 
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1 ‘‘(D) DEADLINE FOR ACTION BY SEC2 RETARY.—The Secretary shall approve 

3 or disapprove each request for pay4 ment under this paragraph by not 

5 later than 15 days after the date the 

6 request is received by the Department. 

7 ‘‘(g) REPORTS TO CONGRESS.—The Secretary 

8 shall submit an annual report to the Congress 

9 by December 31 of each year—

10 ‘‘(1) describing in detail the amount of 

11 Federal funds provided as covered grants 

12 that were directed to each State and re13 gion in the preceding fiscal year; 

14 ‘‘(2) containing information on the use 

15 of such grant funds by grantees; and 

16 ‘‘(3) describing, on a nationwide and 

17 State-by-State basis—

18 ‘‘(A) the extent to which essential 

19 capabilities identified in applicable 

20 State homeland security plan or plans 

21 were created or enhanced as the re22 sult of the expenditure of covered 

23 grant funds during the preceding fis24 cal year; 
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1 ‘‘(B) the extent to which essential 

2 capabilities identified in applicable 

3 State homeland security plan or plans 

4 remain unmet; and 

5 ‘‘(C) an estimate of the amount of 

6 Federal, State, and local expenditures 

7 required to attain across the United 

8 States the essential capabilities estab9 lished under section 1802(a). 

10 ‘‘SEC. 1805. NATIONAL STANDARDS FOR FIRST RESPONDER 

11 EQUIPMENT AND TRAINING. 

12 ‘‘(a) EQUIPMENT STANDARDS.—

13 ‘‘(1) IN GENERAL.—The Secretary, in 

14 consultation with the Under Secretary for 

15 Science and Technology and the Director 

16 of the Office for Domestic Preparedness, 

17 shall, not later than 6 months after the 

18 date of enactment of this section, support 

19 the development of, promulgate, and up20 date as necessary national voluntary con21 sensus standards for the performance, 

22 use, and validation of first responder 

23 equipment for purposes of section 

24 1803(e)(6). Such standards—
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1 ‘‘(A) shall be, to the maximum ex2 tent practicable, consistent with any 

3 existing voluntary consensus stand4 ards; 

5 ‘‘(B) shall take into account, as 

6 appropriate, new types of terrorism 

7 threats that may not have been con8 templated when such existing stand9 ards were developed; and 

10 ‘‘(C) shall be focused on maxi11 mizing interoperability, interchange12 ability, durability, flexibility, effi13 ciency, efficacy, portability, sustain14 ability, and safety. 

15 ‘‘(2) REQUIRED CATEGORIES.—In car16 rying out paragraph (1), the Secretary 

17 shall specifically consider the following 

18 categories of first responder equipment: 

19 ‘‘(A) Thermal imaging equipment. 

20 ‘‘(B) Radiation detection and 

21 analysis equipment. 

22 ‘‘(C) Biological detection and 

23 analysis equipment. 

24 ‘‘(D) Chemical detection and anal25 ysis equipment. 
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1 ‘‘(E) Decontamination and steri2 lization equipment. 

3 ‘‘(F) Personal protective equip4 ment, including garments, boots, 

5 gloves, and hoods and other protective 

6 clothing. 

7 ‘‘(G) Respiratory protection equip8 ment. 

9 ‘‘(H) Interoperable communica10 tions, including wireless and wireline 

11 voice, video, and data networks. 

12 ‘‘(I) Explosive mitigation devices 

13 and explosive detection and analysis 

14 equipment. 

15 ‘‘(J) Containment vessels. 

16 ‘‘(K) Contaminant-resistant vehi17 cles. 

18 ‘‘(L) Such other equipment for 

19 which the Secretary determines that 

20 national voluntary consensus stand21 ards would be appropriate. 

22 ‘‘(b) TRAINING STANDARDS.—

23 ‘‘(1) IN GENERAL.—The Secretary, in 

24 consultation with the Under Secretaries 

25 for Emergency Preparedness and Re-
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1 sponse and Science and Technology and 

2 the Director of the Office for Domestic 

3 Preparedness, shall support the develop4 ment of, promulgate, and regularly up5 date as necessary national voluntary con6 sensus standards for first responder 

7 training carried out with amounts pro8 vided under covered grant programs, that 

9 will enable State and local government 

10 first responders to achieve optimal levels 

11 of terrorism preparedness as quickly as 

12 practicable. Such standards shall give 

13 priority to providing training to—

14 ‘‘(A) enable first responders to pre15 vent, prepare for, respond to, and 

16 mitigate terrorist threats, including 

17 threats from chemical, biological, nu18 clear, and radiological weapons and 

19 explosive devices capable of inflicting 

20 significant human casualties; and 

21 ‘‘(B) familiarize first responders 

22 with the proper use of equipment, in23 cluding software, developed pursuant 

24 to the standards established under 

25 subsection (a). 
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1 ‘‘(2) REQUIRED CATEGORIES.—In car2 rying out paragraph (1), the Secretary 

3 specifically shall include the following 

4 categories of first responder activities: 

5 ‘‘(A) Regional planning. 

6 ‘‘(B) Joint exercises. 

7 ‘‘(C) Intelligence collection, anal8 ysis, and sharing. 

9 ‘‘(D) Emergency notification of af10 fected populations. 

11 ‘‘(E) Detection of biological, nu12 clear, radiological, and chemical 

13 weapons of mass destruction. 

14 ‘‘(F) Such other activities for 

15 which the Secretary determines that 

16 national voluntary consensus training 

17 standards would be appropriate. 

18 ‘‘(c) CONSULTATION WITH STANDARDS ORGA19 NIZATIONS.—In establishing national vol20 untary consensus standards for first re21 sponder equipment and training under this 

22 section, the Secretary shall consult with rel23 evant public and private sector groups, includ24 ing—
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1 ‘‘(1) the National Institute of Stand2 ards and Technology; 

3 ‘‘(2) the National Fire Protection Asso4 ciation; 

5 ‘‘(3) the National Association of Coun6 ty and City Health Officials; 

7 ‘‘(4) the Association of State and Ter8 ritorial Health Officials; 

9 ‘‘(5) the American National Standards 

10 Institute; 

11 ‘‘(6) the National Institute of Justice; 

12 ‘‘(7) the Inter-Agency Board for Equip13 ment Standardization and Interoper14 ability; 

15 ‘‘(8) the National Public Health Per16 formance Standards Program; 

17 ‘‘(9) the National Institute for Occupa18 tional Safety and Health; 

19 ‘‘(10) ASTM International; 

20 ‘‘(11) the International Safety Equip21 ment Association; and 

22 ‘‘(12) to the extent the Secretary con23 siders appropriate, other national vol24 untary consensus standards development 

25 organizations, other interested Federal, 
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1 State, and local agencies, and other inter2 ested persons. 

3 ‘‘(d) COORDINATION WITH SECRETARY OF

4 HHS.—In establishing any national voluntary 

5 consensus standards under this section for 

6 first responder equipment or training that in7 volve or relate to public health professionals, 

8 including emergency medical professionals, 

9 the Secretary shall coordinate activities under 

10 this section with the Secretary of Health and 

11 Human Services. 

12 ‘‘SEC. 1806. DEFINITIONS. 

13 ‘‘In this title: 

14 ‘‘(1) BOARD.—The term ‘Board’ means 

15 the First Responder Grants Board estab16 lished under section 1803(f). 

17 ‘‘(2) COVERED GRANT.—The term ‘cov18 ered grant’ means any grant to which this 

19 title applies under section 1801. 

20 ‘‘(3) ELEVATIONS IN THE THREAT ALERT

21 LEVEL.—The term ‘elevations in the threat 

22 alert level’ means any designation (in23 cluding those that are less than national 

24 in scope) that raises the homeland secu25 rity threat level to either the highest or 
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1 second highest threat level under the 

2 Homeland Security Advisory System re3 ferred to in section 201(d)(7). 

4 ‘‘(4) ESSENTIAL CAPABILITIES.—The 

5 term ‘essential capabilities’ means the lev6 els, availability, and competence of emer7 gency personnel, planning, training, and 

8 equipment across a variety of disciplines 

9 needed to effectively and efficiently pre10 vent, prepare for, and respond to acts of 

11 terrorism consistent with established 

12 practices. 

13 ‘‘(5) REGION.—The term ‘region’

14 means—

15 ‘‘(A) any geographic area con16 sisting of all or parts of 2 or more con17 tiguous States, counties, municipali18 ties, or other local governments that 

19 have a combined population of at 

20 least 1,650,000 or have an area of not 

21 less than 20,000 square miles, and 

22 that, for purposes of an application 

23 for a covered grant, is represented by 

24 1 or more governments or govern25 mental agencies within such geo-
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1 graphic area, and that is established 

2 by law or by agreement of 2 or more 

3 such governments or governmental 

4 agencies in a mutual aid agreement; 

5 or 

6 ‘‘(B) any other combination of con7 tiguous local government units (in8 cluding such a combination estab9 lished by law or agreement of two or 

10 more governments or governmental 

11 agencies in a mutual aid agreement) 

12 that is formally certified by the Sec13 retary as a region for purposes of this 

14 Act with the consent of—

15 ‘‘(i) the State or States in 

16 which they are located, including 

17 a multi-State entity established by 

18 a compact between two or more 

19 States; and 

20 ‘‘(ii) the incorporated munici21 palities, counties, and parishes 

22 which they encompass. 

23 ‘‘(6) FIRST RESPONDER.—The term ‘first 

24 responder’ shall have the same meaning 
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1 as the term ‘emergency response pro2 vider’.’’. 

3 (b) DEFINITION OF EMERGENCY RESPONSE

4 PROVIDERS.—Paragraph (6) of section 2 of the 

5 Homeland Security Act of 2002 (Public Law 

6 107–296; 6 U.S.C. 101(6)) is amended by strik7 ing ‘‘includes’’ and all that follows and insert8 ing ‘‘includes Federal, State, and local govern9 mental and nongovernmental emergency pub10 lic safety, law enforcement, fire, emergency re11 sponse, emergency medical (including hospital 

12 emergency facilities), and related personnel, 

13 organizations, agencies, and authorities.’’. 

14 (c) TEMPORARY LIMITATION ON APPLICA15 TION.—The following provisions of title XVIII 

16 of the Homeland Security Act of 2002, as 

17 amended by subsection (a), shall not apply 

18 during the 2-year period beginning on the date 

19 of the enactment of this Act: 

20 (1) Subsections (b), (c), (e) (except 

21 paragraph (5) of such subsection), and 

22 (f)(3)(B) of section 1803. 

23 (2) Subparagraphs (D) and (E) of sec24 tion 1804(e)(4). 

25 (3) Section 1804(g)(3). 
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1 SEC. 4. MODIFICATION OF HOMELAND SECURITY ADVISORY 

2 SYSTEM. 

3 (a) IN GENERAL.—Subtitle A of title II of the 

4 Homeland Security Act of 2002 (Public Law 

5 107–296; 6 U.S.C. 121 et seq.) is amended by 

6 adding at the end the following: 

7 ‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. 

8 ‘‘(a) IN GENERAL.—The Secretary shall re9 vise the Homeland Security Advisory System 

10 referred to in section 201(d)(7) to require that 

11 any designation of a threat level or other 

12 warning shall be accompanied by a designa13 tion of the geographic regions or economic sec14 tors to which the designation applies. 

15 ‘‘(b) REPORTS.—The Secretary shall report 

16 to the Congress annually by not later than De17 cember 31 each year regarding the geographic 

18 region-specific warnings and economic sector19 specific warnings issued during the preceding 

20 fiscal year under the Homeland Security Advi21 sory System referred to in section 201(d)(7), 

22 and the bases for such warnings. The report 

23 shall be submitted in unclassified form and 

24 may, as necessary, include a classified 

25 annex.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of 

2 contents in section 1(b) of the Homeland Secu3 rity Act of 2002 (6 U.S.C. 101 et seq.) is amend4 ed by inserting after the item relating to sec5 tion 202 the following: 

‘‘203. Homeland Security Advisory System.’’. 

6 SEC. 5. COORDINATION OF INDUSTRY EFFORTS. 

7 Section 102(f) of the Homeland Security 

8 Act of 2002 (Public Law 107–296; 6 U.S.C. 

9 112(f)) is amended by striking ‘‘and’’ after the 

10 semicolon at the end of paragraph (6), by 

11 striking the period at the end of paragraph (7) 

12 and inserting ‘‘; and’’, and by adding at the 

13 end the following: 

14 ‘‘(8) coordinating industry efforts, 

15 with respect to functions of the Depart16 ment of Homeland Security, to identify 

17 private sector resources and capabilities 

18 that could be effective in supplementing 

19 Federal, State, and local government 

20 agency efforts to prevent or respond to a 

21 terrorist attack.’’. 

22 SEC. 6. SUPERSEDED PROVISION. 

23 This Act supersedes section 1014 of Public 

24 Law 107–56. 
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1 SEC. 7. SENSE OF CONGRESS REGARDING INTEROPERABLE 

2 COMMUNICATIONS. 

3 (a) FINDING.—The Congress finds that—

4 (1) many first responders working in 

5 the same jurisdiction or in different juris6 dictions cannot effectively and efficiently 

7 communicate with one another; and 

8 (2) their inability to do so threatens 

9 the public’s safety and may result in un10 necessary loss of lives and property. 

11 (b) SENSE OF CONGRESS.—It is the sense of 

12 the Congress that interoperable emergency 

13 communications systems and radios should 

14 continue to be deployed as soon as practicable 

15 for use by the first responder community, and 

16 that upgraded and new digital communica17 tions systems and new digital radios must 

18 meet prevailing national, voluntary consensus 

19 standards for interoperability. 

20 SEC. 8. SENSE OF CONGRESS REGARDING CITIZEN CORPS 

21 COUNCILS. 

22 (a) FINDING.—The Congress finds that Cit23 izen Corps councils help to enhance local cit24 izen participation in terrorism preparedness 

25 by coordinating multiple Citizen Corps pro26 grams, developing community action plans, 
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1 assessing possible threats, and identifying 

2 local resources. 

3 (b) SENSE OF CONGRESS.—It is the sense of 

4 the Congress that individual Citizen Corps 

5 councils should seek to enhance the prepared6 ness and response capabilities of all organiza7 tions participating in the councils, including 

8 by providing funding to as many of their par9 ticipating organizations as practicable to pro10 mote local terrorism preparedness programs. 

11 SEC. 9. STUDY REGARDING NATIONWIDE EMERGENCY NO12 TIFICATION SYSTEM. 

13 (a) STUDY.—The Secretary of Homeland Se14 curity, in consultation with the heads of other 

15 appropriate Federal agencies and representa16 tives of providers and participants in the tele17 communications industry, shall conduct a 

18 study to determine whether it is cost-effective, 

19 efficient, or feasible to establish and imple20 ment an emergency telephonic alert notifica21 tion system that will—

22 (1) alert persons in the United States 

23 of imminent or current hazardous events 

24 caused by acts of terrorism; and 
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1 (2) provide information to individuals 

2 regarding appropriate measures that may 

3 be undertaken to alleviate or minimize 

4 threats to their safety and welfare posed 

5 by such events. 

6 (b) TECHNOLOGIES TO CONSIDER.—In con7 ducting the study, the Secretary shall consider 

8 the use of the telephone, wireless communica9 tions, and other existing communications net10 works to provide such notification. 

11 (c) REPORT.—Not later than 9 months after 

12 the date of the enactment of this Act, the Sec13 retary shall submit to the Congress a report re14 garding the conclusions of the study. 

15 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—For the purpose of mak17 ing covered grants (as that term is defined in 

18 section 1806 of the Homeland Security Act of 

19 2002, as amended by this Act), there is author20 ized to be appropriated to the Secretary of 

21 Homeland Security $3,400,000,000 for fiscal 

22 year 2006. 

23 (b) METROPOLITAN MEDICAL RESPONSE SYS24 TEM.—In addition to the purpose specified in 

25 subsection (a), the authorization of appropria-
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1 tions in subsection (a) may be used for the Met2 ropolitan Medical Response System. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Faster and 

5 Smarter Funding for First Responders Act of 

6 2004’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 

9 (1) The first responsibility of govern10 ments at all levels is to protect the lives 

11 and property of their citizens. 

12 (2) In order to achieve its objective of 

13 minimizing the damage, and assisting in 

14 the recovery, from major disasters and 

15 emergencies, including those caused by 

16 terrorist attacks, the Department of 

17 Homeland Security must play a leading 

18 role in assisting communities to reach 

19 the level of preparedness they need to re20 spond to a major disaster or emergency. 

21 (3) An all-hazards preparedness pro22 gram encourages governments at all lev23 els to develop flexible and consistent 

24 plans to prevent, prepare for, mitigate 

25 against, respond to, and recover from 
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1 major disasters and emergencies, includ2 ing those caused by terrorist attacks. 

3 (4) Since 1979, the United States has 

4 developed a preparedness system that 

5 has enabled the Nation to effectively ad6 dress all disasters it has thus far faced. 

7 (5) The United States must build 

8 upon this foundation to better address 

9 acts of terrorism, particularly those in10 volving weapons of mass destruction, 

11 without degrading the ability to face 

12 other types of disasters. 

13 (6) The Nation’s first response capa14 bilities will be improved by sharing re15 sources, training, planning, personnel, 

16 and equipment among neighboring juris17 dictions through mutual aid agreements 

18 and regional cooperation. 

19 (7) Securing Indian reservations and 

20 tribal lands is an important part of the 

21 overall goal of securing the American 

22 homeland. Tribal governments should be 

23 encouraged to meet the same national 

24 goals for preparedness as State and local 

25 governments, and should be fully in-
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1 cluded in State and regional prepared2 ness plans. In order to achieve this goal, 

3 Indian tribes should have an opportunity 

4 to work and coordinate with States for 

5 the purposes of preparedness and fund6 ing. 

7 (8) An essential prerequisite to 

8 achieving the Nation’s homeland security 

9 objectives for first responders is the es10 tablishment of a well-defined national 

11 preparedness goal. This goal should de12 lineate the essential capabilities that 

13 every jurisdiction in the United States 

14 should possess or to which it should have 

15 access. 

16 (9) A national determination of essen17 tial capabilities is needed to identify lev18 els of State and local government pre19 paredness, to determine the nature and 

20 extent of State and local first responder 

21 needs, to identify the human and finan22 cial resources required to fulfill them, 

23 and to direct funding to meet those needs 

24 and to measure preparedness levels on a 

25 national scale. 
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1 (10) Terrorists by their nature are un2 predictable, and therefore the Federal 

3 Government should support a strategy 

4 that provides a basic level of prepared5 ness to all States. 

6 (11) Private sector resources and cit7 izen volunteers can perform critical func8 tions in assisting in preventing and re9 sponding to major disasters and emer10 gencies, including those caused by ter11 rorist attacks, and should be integrated 

12 into State and local planning efforts to 

13 ensure that their capabilities and roles 

14 are understood, so as to provide en15 hanced State and local operational capa16 bility and surge capacity. 

17 (12) An important component of na18 tional standards is measurability, so that 

19 it is possible to determine how prepared 

20 a State or local government is now, and 

21 what additional steps it needs to take, in 

22 order to respond to major disasters and 

23 emergencies, including those caused by 

24 terrorist attacks. 
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1 (13) The Department of Homeland Se2 curity should establish, publish, and reg3 ularly update national voluntary con4 sensus standards for both equipment and 

5 training, in cooperation with both public 

6 and private sector standard setting orga7 nizations, to assist State and local gov8 ernments in obtaining the equipment and 

9 training needed to attain the essential ca10 pabilities for first response to major dis11 asters and emergencies, including those 

12 caused by terrorist attacks, and to ensure 

13 that first responder funds are spent wise14 ly. 

15 SEC. 3. DEFINITIONS. 

16 (a) DEFINITION OF MAJOR DISASTER.—Sec17 tion 102(2) of the Robert T. Stafford Disaster 

18 Relief and Emergency Assistance Act (42 

19 U.S.C. 5122(2)) is amended to read as follows: 

20 ‘‘(2) MAJOR DISASTER.—The term 

21 ‘major disaster’ means any natural catas22 trophe (including any hurricane, tornado, 

23 storm, high water, winddriven water, 

24 tidal wave, tsunami, earthquake, volcanic 

25 eruption, landslide, mudslide, snowstorm, 
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1 or drought), or, regardless of cause, any 

2 fire, flood, explosion, act of terrorism, or 

3 other catastrophic event in any part of 

4 the United States, which in the deter5 mination of the President causes damage 

6 of sufficient severity and magnitude to 

7 warrant major disaster assistance under 

8 this Act to supplement the efforts and 

9 available resources of States, local gov10 ernments, and disaster relief organiza11 tions in alleviating the damage, loss, 

12 hardship, or suffering caused thereby.’’. 

13 (b) DEFINITION OF EMERGENCY RESPONSE

14 PROVIDERS.—Section 2(6) of the Homeland Se15 curity Act of 2002 (Public Law 107–296; 6 

16 U.S.C. 101(6)) is amended by inserting ‘‘fire,’’

17 after ‘‘law enforcement,’’. 

18 SEC. 4. NATIONAL PREPAREDNESS AND FUNDING FOR 

19 FIRST RESPONDERS. 

20 (a) IN GENERAL.—The Robert T. Stafford 

21 Disaster Relief and Emergency Assistance Act 

22 (42 U.S.C. 5121 et seq.) is amended—

23 (1) by redesignating title VII as title 

24 VIII; 
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1 (2) by redesignating sections 701 

2 through 705 as sections 801 through 805, 

3 respectively; and 

4 (3) by inserting after title VI the fol5 lowing: 

6 ‘‘TITLE VII—NATIONAL PRE7 PAREDNESS AND FUNDING 

8 FOR FIRST RESPONDERS 

9 ‘‘SEC. 701. PURPOSES. 

10 ‘‘The purposes of this title are—

11 ‘‘(1) to prepare the United States to 

12 prevent, mitigate, respond to, and re13 cover from major disasters and emer14 gencies, including those caused by ter15 rorist attacks; 

16 ‘‘(2) to ensure federally funded pre17 paredness efforts are consistent with an 

18 all-hazards preparedness strategy; 

19 ‘‘(3) to ensure effective coordination 

20 of Federal preparedness efforts; and 

21 ‘‘(4) to provide preparedness assist22 ance to State and local authorities in a 

23 timely manner and provide for account24 ability with respect to the use of such as25 sistance. 
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1 ‘‘SEC. 702. DEFINITIONS. 

2 ‘‘In this title, the following definitions 

3 apply: 

4 ‘‘(1) COVERED GRANT.—The term ‘cov5 ered grant’ means a grant referred to in 

6 section 731. 

7 ‘‘(2) DEPARTMENT.—The term ‘Depart8 ment’ means the Department of Home9 land Security. 

10 ‘‘(3) ELEVATIONS IN THE THREAT ALERT

11 LEVEL.—The term ‘elevations in the threat 

12 alert level’ means any designation (in13 cluding those that are less than national 

14 in scope) that raises the homeland secu15 rity threat level to either the highest or 

16 second highest threat level under the 

17 Homeland Security Advisory System re18 ferred to in section 201(d)(7) of the Home19 land Security Act of 2002 (6 U.S.C. 

20 121(d)(7)). 

21 ‘‘(4) ESSENTIAL CAPABILITIES.—The 

22 term ‘essential capabilities’ means the 

23 levels, availability, and competence of 

24 emergency personnel, planning, training, 

25 and equipment across a variety of dis26 ciplines needed to effectively and effi-
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1 ciently prevent, prepare for, and respond 

2 to major disasters and emergencies, in3 cluding those caused by terrorist attacks, 

4 consistent with established practices. 

5 ‘‘(5) FIRST RESPONDER.—The term ‘first 

6 responder’ has the meaning such term 

7 has under section 2(6) of the Homeland 

8 Security Act of 2002 (Public Law 107–296; 

9 6 U.S.C. 101(6)). 

10 ‘‘(6) HAZARD.—The term ‘hazard’

11 means an emergency or disaster resulting 

12 from—

13 ‘‘(A) a natural disaster; or 

14 ‘‘(B) an accidental or man-caused 

15 event, including a domestic terrorist 

16 attack. 

17 ‘‘(7) NATIONAL PREPAREDNESS GOAL.—

18 The term ‘national preparedness goal’

19 means the national domestic all-hazards 

20 preparedness goal developed under sec21 tion 711. 

22 ‘‘(8) PREVENTION.—The term ‘preven23 tion’ means activities undertaken by the 

24 first responder community during the 

25 early stages of an incident to reduce the 
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1 likelihood or consequences of threatened 

2 or actual terrorist attacks. The term does 

3 not include more general and broader ef4 forts to deter, disrupt, or thwart ter5 rorism. 

6 ‘‘(9) SECRETARY.—The term ‘Secretary’

7 means the Secretary of Homeland Secu8 rity. 

9 ‘‘(10) STATEWIDE PREPAREDNESS STRAT10 EGY.—The term ‘statewide preparedness 

11 strategy’ means a statewide comprehen12 sive all-hazards preparedness strategy 

13 prepared under section 714. 

14 ‘‘(11) WEAPON OF MASS DESTRUCTION.—

15 The term ‘weapon of mass destruction’

16 has the meaning such term has under 

17 section 1403 of the Defense Against Weap18 ons of Mass Destruction Act of 1996 (50 

19 U.S.C. 2302). 

20 ‘‘Subtitle A—Preparedness Goals, 

21 Essential Capabilities, Stand22 ards, and Strategies 

23 ‘‘SEC. 711. NATIONAL PREPAREDNESS GOAL. 

24 ‘‘(a) DEVELOPMENT.—To help ensure the 

25 preparedness of the Nation to prevent, re-
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1 spond to, and recover from major disasters 

2 and emergencies, including those caused by 

3 terrorist attacks, the Secretary, in coordina4 tion with the heads of other appropriate Fed5 eral departments and agencies and in con6 sultation with State and local governments, 

7 shall develop a national domestic all-hazards 

8 preparedness goal not later than February 28, 

9 2005. 

10 ‘‘(b) ELEMENTS.—

11 ‘‘(1) READINESS PRIORITIES AND TAR12 GETS.—The national preparedness goal 

13 shall establish measurable readiness pri14 orities and targets that appropriately bal15 ance the potential threat and magnitude 

16 of major disasters and emergencies, in17 cluding those caused by terrorist attacks, 

18 with the resources required to prevent, 

19 respond to, and recover from such disas20 ters and emergencies. 

21 ‘‘(2) READINESS METRICS AND MEASURES; 

22 ASSESSMENT SYSTEM.—The national pre23 paredness goal shall include—

24 ‘‘(A) readiness metrics and meas25 ures, including standards for pre-
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1 paredness assessments and strategies; 

2 and 

3 ‘‘(B) a system for assessing the 

4 Nation’s overall preparedness to re5 spond to major disasters and emer6 gencies, including those caused by 

7 terrorist attacks. 

8 ‘‘(3) NATIONAL RESPONSE PLAN AND NA9 TIONAL INCIDENT MANAGEMENT SYSTEM.—

10 The national preparedness goal, to the 

11 greatest extent practicable, shall be con12 sistent with the National Response Plan 

13 and National Incident Management Sys14 tem. 

15 ‘‘(c) ACTIVITIES OF FEDERAL DEPARTMENTS

16 AND AGENCIES.—Federal departments and 

17 agencies shall work to achieve the national 

18 preparedness goal by—

19 ‘‘(1) providing for effective, efficient, 

20 and timely delivery of Federal prepared21 ness assistance to State and local govern22 ments; and 

23 ‘‘(2) supporting efforts to ensure first 

24 responders are prepared to respond to 
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1 major disasters and emergencies, includ2 ing those caused by terrorist attacks. 

3 ‘‘SEC. 712. ESSENTIAL CAPABILITIES FOR FIRST RESPOND4 ERS. 

5 ‘‘(a) ESTABLISHMENT OF GUIDANCE ON ES6 SENTIAL CAPABILITIES.—

7 ‘‘(1) IN GENERAL.—Not later than Feb8 ruary 28, 2005, the Secretary shall estab9 lish guidance that clearly defines the es10 sential capabilities for State and local 

11 government preparedness for major dis12 asters and emergencies, including those 

13 caused by terrorist attacks. 

14 ‘‘(2) PROVISION OF ESSENTIAL CAPABILI15 TIES.—The Secretary shall ensure that the 

16 guidance is provided promptly to the 

17 States and to Congress. The States shall 

18 make the guidance available as necessary 

19 and appropriate to local governments 

20 within their jurisdictions. 

21 ‘‘(b) OBJECTIVES.—The Secretary shall en22 sure that the guidance established under sub23 section (a)(1) meets the following objectives: 

24 ‘‘(1) SPECIFICITY.—The guidance spe25 cifically shall describe the training, plan-
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1 ning, personnel, and equipment that dif2 ferent types of communities in the Nation 

3 should possess, or to which they should 

4 have access, in order to meet the Depart5 ment’s national preparedness goals. 

6 ‘‘(2) FLEXIBILITY.—The guidance shall 

7 be sufficiently flexible to allow State and 

8 local government officials to set priorities 

9 based on particular needs, while achiev10 ing nationally determined preparedness 

11 levels within a specified time period. 

12 ‘‘(3) MEASURABILITY.—The guidance 

13 shall be designed to enable measurement 

14 of progress towards specific prepared15 ness levels. 

16 ‘‘(c) THREATS TO BE CONSIDERED.—

17 ‘‘(1) IN GENERAL.—In establishing the 

18 guidance under subsection (a)(1), the Sec19 retary specifically shall consider the vari20 ables of risk, threat, vulnerability, and 

21 consequences with respect to the Nation’s 

22 population (including transient com23 muting and tourist populations) and crit24 ical infrastructure. 
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1 ‘‘(2) CRITICAL INFRASTRUCTURE SEC2 TORS.—In carrying out paragraph (1), the 

3 Secretary specifically shall consider risks 

4 to the following critical infrastructure 

5 sectors in all areas of the Nation, urban 

6 and rural: 

7 ‘‘(A) Agriculture. 

8 ‘‘(B) Banking and finance. 

9 ‘‘(C) Chemical industries. 

10 ‘‘(D) The defense industrial base. 

11 ‘‘(E) Emergency services. 

12 ‘‘(F) Energy. 

13 ‘‘(G) Food. 

14 ‘‘(H) Government. 

15 ‘‘(I) Information and tele16 communications networks. 

17 ‘‘(J) Postal and shipping. 

18 ‘‘(K) Public health. 

19 ‘‘(L) Transportation. 

20 ‘‘(M) Water. 

21 ‘‘(3) CONSIDERATION OF ADDITIONAL

22 THREATS.—In carrying out paragraph (1), 

23 the Secretary shall take into account any 

24 other specific threat to a population (in25 cluding a transient commuting or tourist 
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1 population) or critical infrastructure sec2 tor that the Secretary has determined to 

3 exist. 

4 ‘‘SEC. 713. NATIONAL STANDARDS FOR FIRST RESPONDER 

5 EQUIPMENT AND TRAINING. 

6 ‘‘(a) EQUIPMENT STANDARDS.—

7 ‘‘(1) IN GENERAL.—The Secretary shall 

8 develop, promulgate, and update as nec9 essary national voluntary consensus 

10 standards for first responder equipment 

11 intended for use in the field. Such stand12 ards—

13 ‘‘(A) shall support nationwide 

14 interoperability and other capabili15 ties consistent with the national pre16 paredness goal, including the safety 

17 and health of first responders; 

18 ‘‘(B) shall be, to the maximum ex19 tent practicable, consistent with any 

20 existing voluntary consensus stand21 ards; 

22 ‘‘(C) shall, to the maximum extent 

23 practicable, utilize technologies al24 ready certified by other departments 

25 and agencies of the United States; 
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1 ‘‘(D) shall take into account, as 

2 appropriate, threats that may not 

3 have been contemplated when such 

4 existing standards were developed; 

5 and 

6 ‘‘(E) shall be focused on maxi7 mizing interoperability, interchange8 ability, durability, flexibility, effi9 ciency, efficacy, portability, sustain10 ability, and safety. 

11 ‘‘(2) REQUIRED CATEGORIES.—In car12 rying out paragraph (1), the Secretary 

13 shall specifically consider the following 

14 categories of first responder equipment: 

15 ‘‘(A) Thermal imaging equipment. 

16 ‘‘(B) Radiation detection and anal17 ysis equipment. 

18 ‘‘(C) Biological detection and 

19 analysis equipment. 

20 ‘‘(D) Chemical detection and anal21 ysis equipment. 

22 ‘‘(E) Decontamination and steri23 lization equipment. 

24 ‘‘(F) Personal protective equip25 ment, including garments, boots, 
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1 gloves, and hoods and other protec2 tive clothing. 

3 ‘‘(G) Respiratory protection 

4 equipment. 

5 ‘‘(H) Interoperable communica6 tions, including wireless and wireline 

7 voice, video, and data networks. 

8 ‘‘(I) Explosive mitigation devices 

9 and explosive detection and analysis 

10 equipment. 

11 ‘‘(J) Containment vessels. 

12 ‘‘(K) Contaminant-resistant vehi13 cles. 

14 ‘‘(L) Such other equipment for 

15 which the Secretary determines that 

16 national voluntary consensus stand17 ards would be appropriate. 

18 ‘‘(3) DEADLINE.—The Secretary shall 

19 promulgate initial standards under this 

20 subsection not later than September 30, 

21 2005. 

22 ‘‘(b) TRAINING STANDARDS.—

23 ‘‘(1) IN GENERAL.—The Secretary shall 

24 support the development of, promulgate, 

25 and regularly update as necessary na-
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1 tional voluntary consensus standards for 

2 first responder training carried out with 

3 amounts provided under covered grant 

4 programs that will enable State and local 

5 government first responders to achieve 

6 optimal levels of preparedness as quickly 

7 as practicable. Such standards shall give 

8 priority to providing training in those 

9 areas where the Secretary has identified 

10 significant need, including training—

11 ‘‘(A) to prevent, prepare for, re12 spond to, and mitigate threats from 

13 chemical, biological, and radiological 

14 materials and explosive devices capa15 ble of inflicting significant human 

16 casualties; and 

17 ‘‘(B) to familiarize first respond18 ers with the proper use of equipment, 

19 including software, developed pursu20 ant to the standards established 

21 under subsection (a). 

22 ‘‘(2) REQUIRED CATEGORIES.—In car23 rying out paragraph (1), the Secretary 

24 specifically shall include the following 

25 categories of first responder activities: 
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1 ‘‘(A) Regional planning. 

2 ‘‘(B) Joint exercises. 

3 ‘‘(C) Intelligence collection, anal4 ysis, and sharing. 

5 ‘‘(D) Emergency notification of af6 fected populations. 

7 ‘‘(E) Detection of biological, nu8 clear, radiological, and chemical 

9 weapons of mass destruction. 

10 ‘‘(F) Such other activities for 

11 which the Secretary determines that 

12 national voluntary consensus train13 ing standards would be appropriate. 

14 ‘‘(3) DEADLINE.—The Secretary shall 

15 promulgate initial standards under this 

16 subsection not later than September 30, 

17 2005. 

18 ‘‘(c) CONSULTATION WITH STANDARDS ORGA19 NIZATIONS.—In establishing national voluntary 

20 consensus standards for first responder 

21 equipment and training under this section, 

22 the Secretary shall consult with relevant pub23 lic and private sector groups. 
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1 ‘‘SEC. 714. STATEWIDE PREPAREDNESS STRATEGIES. 

2 ‘‘As a condition for receipt of a covered 

3 grant under subtitle B after September 30, 

4 2005, the Secretary shall require that a State 

5 develop a statewide comprehensive all-haz6 ards preparedness strategy that—

7 ‘‘(1) is consistent with the national 

8 preparedness goal and, as necessary, the 

9 State response plan; 

10 ‘‘(2) demonstrates the extent to which 

11 the State has achieved the essential capa12 bilities that apply to the State; 

13 ‘‘(3) demonstrates the additional 

14 needs of the State necessary to achieve 

15 the essential capabilities that apply to 

16 the State; 

17 ‘‘(4) includes a prioritization of such 

18 additional needs based on risk, threat, 

19 vulnerability, and consequence assess20 ment factors applicable to the State; 

21 ‘‘(5) describes how the State intends—

22 ‘‘(A) to address such additional 

23 needs at the city, county, tribal, re24 gional, State, and interstate level; 

25 ‘‘(B) to use all Federal, State, and 

26 local resources available for the pur-
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1 pose of addressing such additional 

2 needs; and 

3 ‘‘(C) to give particular emphasis 

4 to regional planning and cooperation, 

5 including the activities of multi-juris6 dictional planning agencies governed 

7 by local officials, both within its juris8 dictional borders and with neigh9 boring States; and 

10 ‘‘(6) is developed in consultation with 

11 and subject to appropriate comment by 

12 local, regional, and tribal governments 

13 within the State. 

14 ‘‘Subtitle B—Grant Programs 

15 ‘‘SEC. 731. COVERED GRANTS. 

16 ‘‘Under this subtitle, a covered grant is 

17 any grant under the following: 

18 ‘‘(1) STATE HOMELAND SECURITY GRANT

19 PROGRAM.—The State Homeland Security 

20 Grant Program of the Department or any 

21 successor to such grant program. 

22 ‘‘(2) URBAN AREA SECURITY INITIATIVE.—

23 The Urban Area Security Initiative of the 

24 Department or any successor to such 

25 grant program. 
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1 ‘‘SEC. 732. AWARD OF COVERED GRANTS. 

2 ‘‘(a) GRANT ELIGIBILITY.—Beginning in fis3 cal year 2006, any State shall be eligible to 

4 apply for a covered grant. 

5 ‘‘(b) GRANT CRITERIA.—In awarding cov6 ered grants, the Secretary shall carry out the 

7 national preparedness goal and assist State, 

8 tribal, and local governments in achieving es9 sential capabilities for first responders in ac10 cordance with the guidance developed under 

11 section 712. 

12 ‘‘(c) APPLICATION FOR GRANT.—

13 ‘‘(1) IN GENERAL.—A State may apply 

14 for a covered grant by submitting to the 

15 Secretary an application at such time, in 

16 such manner, and containing such infor17 mation as is required under this sub18 section or as the Secretary may reason19 ably require. 

20 ‘‘(2) MINIMUM CONTENTS OF APPLICA21 TION.—The Secretary shall require that 

22 each State include in its application, at a 

23 minimum—

24 ‘‘(A) a statewide preparedness 

25 strategy that has been approved by 

26 the Secretary; 
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1 ‘‘(B) a description of the purpose 

2 for which the State seeks covered 

3 grant funds and the reasons why the 

4 State needs the covered grant to meet 

5 the essential capabilities for pre6 paredness within the State; 

7 ‘‘(C) a description of how, by ref8 erence to the State’s statewide pre9 paredness strategy, the allocation of 

10 grant funding proposed in the appli11 cation, including, where applicable, 

12 the amount not passed through under 

13 section 733(e)(1), would assist in ful14 filling the essential capabilities speci15 fied in such strategy; 

16 ‘‘(D) a statement of whether a mu17 tual aid agreement applies to the use 

18 of all or any portion of the covered 

19 grant funds; 

20 ‘‘(E) a capital budget showing 

21 how the State intends to allocate and 

22 expend the covered grant funds; and 

23 ‘‘(F) a statement of how the State 

24 intends to meet the matching require-
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1 ment, if any, that applies under sec2 tion 733(e)(2). 

3 ‘‘(3) CONSISTENCY WITH STATE PLANS.—

4 The Secretary shall ensure that each cov5 ered grant is used to supplement and 

6 support, in a consistent and coordinated 

7 manner, the applicable statewide pre8 paredness strategy. 

9 ‘‘(4) EQUIPMENT STANDARDS.—If a State 

10 proposes to upgrade or purchase, with 

11 assistance provided under a covered 

12 grant, new equipment or systems that do 

13 not meet or exceed any applicable na14 tional voluntary consensus standard es15 tablished by the Secretary under section 

16 713(a), the State shall include in the ap17 plication an explanation of why such 

18 equipment or systems will serve the 

19 needs of the State better than equipment 

20 or systems that meet or exceed such 

21 standards. 

22 ‘‘(d) DEADLINE FOR AWARD.—The Secretary 

23 shall make final determinations concerning 

24 the amount to be awarded to each State in 

25 covered grants for a fiscal year and award the 
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1 grants as soon as practicable, but not later 

2 than June 30 of the fiscal year. 

3 ‘‘(e) ALLOCATION.—

4 ‘‘(1) MINIMUM AMOUNTS.—Of the total 

5 amount made available for covered 

6 grants for a fiscal year, the Secretary 

7 shall award—

8 ‘‘(A) to each State (other than a 

9 State referred to in subparagraph 

10 (B)) not less than 0.55 percent; and 

11 ‘‘(B) to each of the United States 

12 Virgin Islands, Guam, American 

13 Samoa, and the Commonwealth of the 

14 Northern Mariana Islands not less 

15 than 0.18 percent. 

16 ‘‘(2) ALLOCATION OF REMAINING

17 AMOUNTS.—In allocating amounts that re18 main available for covered grants for a 

19 fiscal year after setting aside amounts re20 quired under paragraph (1), the Sec21 retary shall prioritize applications based 

22 on the degree to which a grant to a State 

23 will—

24 ‘‘(A) lessen the risk, threat, vul25 nerability, and consequences of a 
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1 major disaster or emergency, includ2 ing those caused by terrorist attacks, 

3 to persons and critical infrastructure; 

4 and 

5 ‘‘(B) enhance or achieve the es6 sential capabilities of first responders 

7 in the State in accordance with the 

8 guidance developed under section 

9 712. 

10 ‘‘(3) BASIS OF ALLOCATIONS.—

11 ‘‘(A) PUBLICATION.—The Secretary 

12 shall publish annually the basis on 

13 which funds are awarded under para14 graph (2). 

15 ‘‘(B) LIMITATION ON STATUTORY

16 CONSTRUCTION.—Nothing in this para17 graph shall be construed as requiring 

18 the Secretary to disclose any classi19 fied information or other sensitive in20 formation. 

21 ‘‘SEC. 733. USE OF FUNDS AND ACCOUNTABILITY REQUIRE22 MENTS. 

23 ‘‘(a) IN GENERAL.—A covered grant may be 

24 used for—
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1 ‘‘(1) purchasing commercially avail2 able equipment that complies with, 

3 where applicable, national voluntary con4 sensus standards, and that facilitates 

5 interoperability, coordination, and inte6 gration between emergency communica7 tions systems, including—

8 ‘‘(A) mobile vehicles that contain 

9 equipment such as commercial tele10 phone trunk lines, VHF and UHF ra11 dios, patch panels, and crosspatches, 

12 among other technologies and equip13 ment; and 

14 ‘‘(B) communications system over15 lay software and hardware that allow 

16 multiple disparate communications 

17 networks to act as one network; 

18 ‘‘(2) purchasing or upgrading equip19 ment, including computer software, to en20 hance preparedness and response; 

21 ‘‘(3) conducting exercises to strength22 en preparedness and response; 

23 ‘‘(4) training, including training for 

24 prevention or detection of, preparedness 

25 for, or response to attacks involving 
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1 weapons of mass destruction, including 

2 training in the use of equipment and 

3 computer software; 

4 ‘‘(5) developing or updating response 

5 plans; 

6 ‘‘(6) establishing or enhancing mecha7 nisms for sharing terrorism threat infor8 mation; 

9 ‘‘(7) developing systems architecture 

10 and engineering, program planning and 

11 management, strategy formulation and 

12 strategic planning, life-cycle systems de13 sign, product and technology evaluation, 

14 and prototype development for prepared15 ness and response purposes; 

16 ‘‘(8) paying the additional personnel 

17 costs resulting from—

18 ‘‘(A) elevations in the threat alert 

19 level of the Homeland Security Advi20 sory System; 

21 ‘‘(B) travel to and participation in 

22 exercises and training in the use of 

23 equipment and on prevention activi24 ties; and 
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1 ‘‘(C) the temporary replacement 

2 of personnel during any period of 

3 travel to and participation in exer4 cises and training in the use of equip5 ment and on prevention activities; 

6 ‘‘(9) paying the costs of equipment 

7 (including software) required to receive, 

8 transmit, handle, and store classified in9 formation; 

10 ‘‘(10) constructing or enhancing facili11 ties to serve as emergency operations 

12 centers; 

13 ‘‘(11) developing educational cur14 ricula for first responders to ensure that 

15 they are prepared for all hazards; 

16 ‘‘(12) implementing training and exer17 cises to assist public elementary and sec18 ondary schools in developing and imple19 menting programs to instruct students 

20 regarding age-appropriate skills to pre21 pare for and respond to an act of ter22 rorism; 

23 ‘‘(13) paying of administrative ex24 penses directly related to administration 
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1 of the grant, but not to exceed 3 percent 

2 of the amount of the grant; and 

3 ‘‘(14) other appropriate activities as 

4 determined by the Secretary. 

5 ‘‘(b) PROHIBITED USES.—Funds provided 

6 under covered grant may not be used—

7 ‘‘(1) to supplant State, tribal, or local 

8 funds; 

9 ‘‘(2) to construct buildings or other 

10 physical facilities, except as provided in 

11 subsection (a)(10); 

12 ‘‘(3) to acquire land; or 

13 ‘‘(4) for any State, tribal, or local gov14 ernment cost sharing contribution. 

15 ‘‘(c) ASSISTANCE REQUIREMENT.—The Sec16 retary may not request that equipment paid 

17 for, wholly or in part, with funds provided 

18 under covered grant be made available for re19 sponding to emergencies in surrounding 

20 States, reservations and tribal lands regions, 

21 and localities unless the Secretary undertakes 

22 to pay the costs directly attributable to trans23 porting and operating such equipment during 

24 such response. 
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1 ‘‘(d) FLEXIBILITY IN UNSPENT GRANT

2 FUNDS.—Upon request of a State, the Sec3 retary may authorize the State to transfer all 

4 or part of funds provided under a covered 

5 grant from uses specified in the grant agree6 ment to other uses authorized under this sec7 tion if the Secretary determines that such 

8 transfer is in furtherance of the statewide 

9 preparedness strategy. 

10 ‘‘(e) STATE RESPONSIBILITIES.—

11 ‘‘(1) PASS-THROUGH.—The Secretary 

12 shall require a State to obligate or other13 wise make available to tribal and local 

14 governments, first responders, and other 

15 local groups, to the extent required 

16 under the statewide preparedness strat17 egy specified in the application for the 

18 grant, not less than 80 percent of the 

19 grant funds or resources purchased with 

20 the grant funds having a value equal to 

21 at least 80 percent of the amount of the 

22 grant, or a combination thereof, as soon 

23 as practicable but not later than 60 days 

24 after the date of receipt of the grant 

25 funds by the State. A State shall provide 
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1 funds, or resources purchased with 

2 funds, made available under section 732 

3 directly to an Indian tribe. 

4 ‘‘(2) CERTIFICATIONS REGARDING DIS5 TRIBUTION OF GRANT FUNDS TO LOCAL GOV6 ERNMENTS.—Any State that receives a cov7 ered grant shall certify to the Secretary 

8 that the State has made available for ex9 penditure by tribal and local govern10 ments, first responders, and other local 

11 groups the required amount of grant 

12 funds pursuant to paragraph (1). 

13 ‘‘(3) REPORT ON PREPAREDNESS SPEND14 ING.—Each State shall submit a report to 

15 the Secretary not later than 60 days after 

16 the end of each fiscal year. Each report 

17 shall include the following: 

18 ‘‘(A) The amount, ultimate recipi19 ents, and dates of receipt of all funds 

20 received under the grant during the 

21 previous fiscal year. 

22 ‘‘(B) The amount and the dates of 

23 disbursements of all such funds ex24 pended in compliance with para25 graph (1) or pursuant to mutual aid 
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1 agreements or other sharing arrange2 ments that apply within the State 

3 during the previous fiscal year. 

4 ‘‘(C) How the funds were utilized 

5 by each ultimate recipient or bene6 ficiary during the preceding fiscal 

7 year. 

8 ‘‘(D) The extent to which essential 

9 capabilities identified in the State’s 

10 statewide preparedness strategy were 

11 achieved or enhanced as the result of 

12 the expenditure of grant funds during 

13 the preceding fiscal year. 

14 ‘‘(E) The extent to which essential 

15 capabilities identified in the State’s 

16 statewide preparedness strategy re17 main unmet. 

18 ‘‘(4) INCLUSION OF RESTRICTED AN19 NEXES.—A State may submit to the Sec20 retary an annex to the report under para21 graph (3) that is subject to appropriate 

22 handling restrictions, if the State believes 

23 that discussion in the report of unmet 

24 needs would reveal sensitive but unclas25 sified information. 
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1 ‘‘(5) PROVISION OF REPORTS.—The Sec2 retary shall ensure that each report 

3 under paragraph (3) is provided to the 

4 Under Secretary for Emergency Pre5 paredness and Response and the Director 

6 of the Office for Domestic Preparedness. 

7 ‘‘(f) COST SHARING.—

8 ‘‘(1) IN GENERAL.—The Federal share 

9 of the costs of an activity carried out 

10 with a covered grant to a State awarded 

11 after the 2-year period beginning on the 

12 date of the enactment of this section shall 

13 not exceed 75 percent. 

14 ‘‘(2) INTERIM RULE.—

15 ‘‘(A) IN GENERAL.—The Federal 

16 share of the costs of an activity car17 ried out with a covered grant award18 ed before the end of the 2-year period 

19 beginning on the date of the enact20 ment of this section shall be 100 per21 cent. 

22 ‘‘(B) LIMITATION.—This paragraph 

23 shall not apply to funds used for con24 struction or enhancement of facilities 

25 for emergency operations centers. 
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1 ‘‘(3) IN-KIND MATCHING.—Each State 

2 may meet the matching requirement 

3 under subparagraph (A) by making in4 kind contributions of goods or services 

5 that are directly linked with the purpose 

6 for which the grant is made, including 

7 any necessary personnel overtime, con8 tractor services, administrative costs, 

9 equipment fuel and maintenance, and 

10 rental space. 

11 ‘‘SEC. 734. RESTRICTIONS ON EXISTING PROGRAMS. 

12 ‘‘Determinations on the allocation, award, 

13 and use of grants made under the following 

14 programs shall be made in accordance with 

15 their authorizing statutes and without pri16 ority given to terrorism preparedness activi17 ties: 

18 ‘‘(1) The fire grant programs author19 ized by sections 33 and 34 of the Federal 

20 Fire Prevention and Control Act of 1974 

21 (15 U.S.C. 2229; 2229a). 

22 ‘‘(2) The Emergency Management Per23 formance Grant program and the Urban 

24 Search and Rescue Grants program au25 thorized by title VI of this Act. 
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1 ‘‘(3) The Earthquake Hazards Reduc2 tion Act of 1977 (42 U.S.C. 7701 et seq.). 

3 ‘‘SEC. 735. AUTHORIZATION OF APPROPRIATIONS. 

4 For making covered grants under this 

5 subtitle, there is authorized to be appro6 priated to the Secretary of Homeland Security 

7 $3,400,000,000 for fiscal year 2006, and such 

8 sums as may be necessary for each of fiscal 

9 years 2007 through 2009. 

10 ‘‘Subtitle C—Reporting and Other 

11 Requirements 

12 ‘‘SEC. 751. REQUIRED COORDINATION. 

13 ‘‘The Secretary shall ensure that there is 

14 effective and ongoing coordination of Federal 

15 preparedness and response efforts for major 

16 disasters and emergencies, including those 

17 caused by terrorist attacks, among the divi18 sions of the Department, including the Emer19 gency Preparedness and Response Direc20 torate and the Office of State and Local Gov21 ernment Preparedness and Coordination. 

22 ‘‘SEC. 752. ANNUAL REPORTS TO CONGRESS. 

23 ‘‘(a) IN GENERAL.—Not later than Sep24 tember 30, 2005, and annually thereafter, the 

25 Secretary shall transmit to Congress an an-
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1 nual report on the Nation’s level of prepared2 ness, including State capabilities, the readi3 ness of Federal civil response assets, and the 

4 utilization of mutual-aid agreements. 

5 ‘‘(b) CONTENTS.—Each report shall in6 clude—

7 ‘‘(1) an assessment of how the Federal 

8 first responder preparedness assistance 

9 programs support the national prepared10 ness goal; 

11 ‘‘(2) an estimate of the amount of Fed12 eral, State, tribal, and local expenditures 

13 required to attain the essential capabili14 ties established under section 712(a); 

15 ‘‘(3) a detailed description of the 

16 amount of Federal funds provided as cov17 ered grants that were directed to each 

18 State in the preceding fiscal year; 

19 ‘‘(4) information on the use of such 

20 grant funds by grantees; and 

21 ‘‘(5) a description on a nationwide 

22 and State-by-State basis—

23 ‘‘(A) the extent to which essential 

24 capabilities identified in applicable 

25 statewide preparedness strategy were 
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1 created or enhanced as the result of 

2 the expenditure of covered grant 

3 funds during the preceding fiscal 

4 year; and 

5 ‘‘(B) the extent to which essential 

6 capabilities identified in applicable 

7 statewide preparedness strategy re8 main unmet. 

9 ‘‘(6) USE OF QUANTIFIABLE PERFORM10 ANCE MEASUREMENT.—Each report shall be 

11 based on quantifiable performance meas12 urements.’’. 

13 SEC. 5. MODIFICATION OF HOMELAND SECURITY ADVI14 SORY SYSTEM. 

15 (a) IN GENERAL.—Subtitle A of title II of 

16 the Homeland Security Act of 2002 (Public 

17 Law 107–296; 6 U.S.C. 121 et seq.) is amended 

18 by adding at the end the following: 

19 ‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. 

20 ‘‘(a) IN GENERAL.—The Secretary shall re21 vise the Homeland Security Advisory System 

22 referred to in section 201(d)(7) to require that 

23 any designation of a threat level or other 

24 warning shall be accompanied by a designa-
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1 tion of the geographic regions or economic 

2 sectors to which the designation applies. 

3 ‘‘(b) REPORTS.—The Secretary shall report 

4 to the Congress annually by not later than De5 cember 31 each year regarding the geo6 graphic region-specific warnings and eco7 nomic sector-specific warnings issued during 

8 the preceding fiscal year under the Homeland 

9 Security Advisory System referred to in sec10 tion 201(d)(7), and the bases for such warn11 ings. The report shall be submitted in unclas12 sified form and may, as necessary, include a 

13 classified annex.’’. 

14 (b) CLERICAL AMENDMENT.—The table of 

15 contents in section 1(b) of the Homeland Secu16 rity Act of 2002 (6 U.S.C. 101 et seq.) is amend17 ed by inserting after the item relating to sec18 tion 202 the following: 

‘‘203. Homeland Security Advisory System.’’. 

19 SEC. 6. COORDINATION OF INDUSTRY EFFORTS. 

20 Section 102(f) of the Homeland Security 

21 Act of 2002 (Public Law 107–296; 6 U.S.C. 

22 112(f)) is amended by striking ‘‘and’’ after the 

23 semicolon at the end of paragraph (6), by 

24 striking the period at the end of paragraph (7) 
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1 and inserting ‘‘; and’’, and by adding at the 

2 end the following: 

3 ‘‘(8) coordinating industry efforts to 

4 identify private sector resources and ca5 pabilities that could be effective in 

6 supplementing Federal, State, and local 

7 government agency efforts to prevent or 

8 respond to a terrorist attack.’’. 

9 SEC. 7. SENSE OF CONGRESS REGARDING INTEROPERABLE 

10 COMMUNICATIONS. 

11 (a) FINDING.—The Congress finds that—

12 (1) many first responders working in 

13 the same jurisdiction or in different juris14 dictions cannot effectively and efficiently 

15 communicate with one another; and 

16 (2) their inability to do so threatens 

17 the public’s safety and may result in un18 necessary loss of lives and property. 

19 (b) SENSE OF CONGRESS.—It is the sense of 

20 the Congress that it is of national importance 

21 that interoperable emergency communica22 tions systems that to the extent possible meet 

23 national voluntary consensus standards 

24 should be developed and promulgated as soon 
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1 as practicable for use by the first responder 

2 community. 

3 SEC. 8. SENSE OF CONGRESS REGARDING CITIZEN CORPS 

4 COUNCILS. 

5 (a) FINDING.—The Congress finds that Cit6 izen Corps councils help to enhance local cit7 izen participation in terrorism preparedness 

8 by coordinating multiple Citizen Corps pro9 grams, developing community action plans, 

10 assessing possible threats, and identifying 

11 local resources. 

12 (b) SENSE OF CONGRESS.—It is the sense of 

13 the Congress that individual Citizen Corps 

14 councils should seek to enhance the prepared15 ness and response capabilities of all organiza16 tions participating in the councils, including 

17 by providing funding to as many of their par18 ticipating organizations as practicable to pro19 mote local terrorism preparedness programs. 

20 SEC. 9. STUDY REGARDING NATIONWIDE EMERGENCY NO21 TIFICATION SYSTEM. 

22 (a) STUDY.—The Secretary of Homeland 

23 Security, in consultation with the heads of 

24 other appropriate Federal agencies and rep25 resentatives of providers and participants in 
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1 the telecommunications industry, shall con2 duct a study to determine whether it is cost3 effective, efficient, or feasible to establish and 

4 implement an emergency telephonic alert no5 tification system that will—

6 (1) alert persons in the United States 

7 of imminent or current hazardous events 

8 caused by acts of terrorism; and 

9 (2) provide information to individuals 

10 regarding appropriate measures that may 

11 be undertaken to alleviate or minimize 

12 threats to their safety and welfare posed 

13 by such events. 

14 (b) TECHNOLOGIES TO CONSIDER.—In con15 ducting the study, the Secretary shall con16 sider the use of the telephone, wireless com17 munications, and other existing communica18 tions networks to provide such notification. 

19 (c) REPORT.—Not later than 9 months after 

20 the date of the enactment of this Act, the Sec21 retary shall submit to the Congress a report 

22 regarding the conclusions of the study. 

23 SEC. 10. SENSE OF CONGRESS. 

24 It is the sense of Congress that for pur25 poses of emergency planning—
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1 (1) lack of sufficient bandwidth can 

2 have detrimental consequences for State 

3 and local governments during times of 

4 crisis; 

5 (2) State and local governments 

6 should understand how communication 

7 networks will perform in emergencies by 

8 analyzing the experience of end users; 

9 and 

10 (3) State and local governments 

11 should look into expanding bandwidth ef12 ficiency by using cost effective means 

13 such as incorporating bandwidth alloca14 tion tools into their networks to ensure 

15 proper communication is available dur16 ing times of crisis. 

17 [SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

18 [(a) SHORT TITLE.—This Act may be cited as the 

19 ‘‘Faster and Smarter Funding for First Responders Act of 

20 2004’’. 

21 [(b) TABLE OF CONTENTS.—The table of contents for 

22 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. 
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[‘‘1802. Essential capabilities for first responders. 

[‘‘1803. Task Force on Essential Capabilities for First Responders. 

[‘‘1804. Covered grant eligibility and criteria. 

[‘‘1805. Use of funds and accountability requirements. 

[‘‘1806. National standards for first responder equipment and training. 

[‘‘1807. Definitions. 

[Sec. 4. Modification of Homeland Security Advisory System. 

[‘‘Sec. 203. Homeland Security Advisory System. 

[Sec. 5. Coordination of industry efforts. 

[Sec. 6. Superseded provision. 

[Sec. 7. Sense of Congress regarding interoperable communications. 

[Sec. 8. Sense of Congress regarding Citizen Corps councils. 

[Sec. 9. Study regarding nationwide emergency notification system. 

[Sec. 10. Authorization of appropriations. 

[Sec. 11. Authority to enter into contracts and issue Federal loan guarantees. 

1 [SEC. 2. FINDINGS. 

2 [The Congress finds the following: 

3 [(1) In order to achieve its objective of mini4 mizing the damage, and assisting in the recovery, 

5 from terrorist attacks, the Department of Homeland 

6 Security must play a leading role in assisting com7 munities to reach the level of preparedness they need 

8 to respond to a terrorist attack. 

9 [(2) First responder funding is not reaching the 

10 men and women of our Nation’s first response teams 

11 quickly enough, and sometimes not at all. 

12 [(3) To reform the current bureaucratic process 

13 so that homeland security dollars reach the first re14 sponders who need it most, it is necessary to clarify 

15 and consolidate the authority and procedures of the 

16 Department of Homeland Security to support first re17 sponders. 
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1 [(4) Ensuring adequate resources for the new na2 tional mission of homeland security requires a dis3 crete and separate grant making process for homeland 

4 security funds for first response to terrorist acts, on 

5 the one hand, and for first responder programs de6 signed to meet pre-9/11 priorities, on the other. 

7 [(5) Homeland security grants to first responders 

8 must be based on the best intelligence concerning the 

9 capabilities and intentions of our terrorist enemies, 

10 and that intelligence must be used to target resources 

11 to the Nation’s greatest risks, vulnerabilities, and con12 sequences. 

13 [(6) The Nation’s first response capabilities will 

14 be improved by sharing resources, training, planning, 

15 personnel, and equipment among neighboring juris16 dictions through mutual aid agreements and regional 

17 cooperation. Such regional cooperation should be sup18 ported, where appropriate, through direct grants from 

19 the Department of Homeland Security. 

20 [(7) An essential prerequisite to achieving the 

21 Nation’s homeland security objectives for first re22 sponders is the establishment of well-defined national 

23 goals for terrorism preparedness. These goals should 

24 delineate the essential capabilities that every jurisdic-
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1 tion in the United States should possess or to which 

2 it should have access. 

3 [(8) A national determination of essential capa4 bilities is needed to identify levels of State and local 

5 government terrorism preparedness, to determine the 

6 nature and extent of State and local first responder 

7 needs, to identify the human and financial resources 

8 required to fulfill them, and to direct funding to meet 

9 those needs and to measure preparedness levels on a 

10 national scale. 

11 [(9) To facilitate progress in attaining essential 

12 capabilities for State and local first responders, the 

13 Department of Homeland Security should seek to allo14 cate homeland security funding for first responders to 

15 meet nationwide needs. 

16 [(10) Private sector resources and citizen volun17 teers can perform critical functions in assisting in 

18 preventing and responding to terrorist attacks, and 

19 should be integrated into State and local planning ef20 forts to ensure that their capabilities and roles are 

21 understood, so as to provide enhanced State and local 

22 operational capability and surge capacity. 

23 [(11) Public-private partnerships, such as the 

24 partnerships between the Business Executives for Na25 tional Security and the States of New Jersey and 
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1 Georgia, can be useful to identify and coordinate pri2 vate sector support for State and local first respond3 ers. Such models should be expanded to cover all 

4 States and territories. 

5 [(12) An important component of national 

6 standards is measurability, so that it is possible to 

7 determine how prepared a State or local government 

8 is now, and what additional steps it needs to take, in 

9 order to respond to acts of terrorism. 

10 [(13) The Department of Homeland Security 

11 should establish, publish, and regularly update na12 tional voluntary consensus standards for both equip13 ment and training, in cooperation with both public 

14 and private sector standard setting organizations, to 

15 assist State and local governments in obtaining the 

16 equipment and training to attain the essential capa17 bilities for first response to acts of terrorism, and to 

18 ensure that first responder funds are spent wisely. 

19 [SEC. 3. FASTER AND SMARTER FUNDING FOR FIRST RE20 SPONDERS. 

21 [(a) IN GENERAL.—The Homeland Security Act of 

22 2002 (Public Law 107–296; 6 U.S.C. 361 et seq.) is amend23 ed— 

24 [(1) in section 1(b) in the table of contents by 

25 adding at the end the following: 
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‘‘TITLE XVIII—FUNDING FOR FIRST RESPONDERS 

[‘‘1801. Faster and smarter funding for first responders. 

[‘‘1802. Essential capabilities for first responders. 

[‘‘1803. Task Force on Essential Capabilities for First Responders. 

[‘‘1804. Covered grant eligibility and criteria. 

[‘‘1805. Use of funds and accountability requirements. 

[‘‘1806. National standards for first responder equipment and training. 

[‘‘1807. Definitions.’’; and 

1 [(2) by adding at the end the following: 

2 [‘‘TITLE XVIII—FUNDING FOR 

3 FIRST RESPONDERS 

4 [‘‘SEC. 1801. FASTER AND SMARTER FUNDING FOR FIRST 

5 RESPONDERS. 

6 [‘‘(a) COVERED GRANTS.—This title applies to any 

7 grant provided by the Department to States, regions, or di8 rectly eligible tribes to improve the ability of first respond9 ers to prevent, prepare for, respond to, or mitigate threat10 ened or actual terrorist attacks, especially those involving 

11 weapons of mass destruction, and including any grant 

12 under the following: 

13 [‘‘(1) STATE HOMELAND SECURITY GRANT PRO14 GRAM.—The State Homeland Security Grant Pro15 gram of the Department, or any successor to such 

16 grant program. 

17 [‘‘(2) URBAN AREA SECURITY INITIATIVE.—The 

18 Urban Area Security Initiative of the Department, or 

19 any successor to such grant program. 
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1 [‘‘(b) EXCLUDED PROGRAMS.—This title does not 

2 apply to or otherwise affect the following Federal grant pro3 grams or any grant under such a program: 

4 [‘‘(1) NONDEPARTMENT PROGRAMS.—Any Fed5 eral grant program that is not administered by the 

6 Department. 

7 [‘‘(2) FIRE GRANT PROGRAMS.—The fire grant 

8 programs authorized by sections 33 and 34 of the 

9 Federal Fire Prevention and Control Act of 1974 (15 

10 U.S.C. 2229, 2229a). 

11 [‘‘(3) EMERGENCY MANAGEMENT PLANNING AND

12 ASSISTANCE ACCOUNT GRANTS.—The Emergency 

13 Management Performance Grant program and the 

14 Urban Search and Rescue Grants program authorized 

15 by title VI of the Robert T. Stafford Disaster Relief 

16 and Emergency Assistance Act (42 U.S.C. 5195 et 

17 seq.); the Departments of Veterans Affairs and Hous18 ing and Urban Development, and Independent Agen19 cies Appropriations Act, 2000 (113 Stat. 1047 et 

20 seq.); and the Earthquake Hazards Reduction Act of 

21 1977 (42 U.S.C. 7701 et seq.). 

22 [‘‘SEC. 1802. ESSENTIAL CAPABILITIES FOR FIRST RE23 SPONDERS. 

24 [‘‘(a) ESTABLISHMENT OF ESSENTIAL CAPABILI25 TIES.— 
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1 [‘‘(1) IN GENERAL.—The Secretary shall estab2 lish clearly defined essential capabilities for State and 

3 local government preparedness for terrorism, in con4 sultation with— 

5 [‘‘(A) the Task Force on Essential Capabili6 ties for First Responders established under sec7 tion 1803; 

8 [‘‘(B) the Under Secretaries for Emergency 

9 Preparedness and Response, Border and Trans10 portation Security, Information Analysis and 

11 Infrastructure Protection, and Science and Tech12 nology, and the Director of the Office for Domes13 tic Preparedness; 

14 [‘‘(C) other appropriate Federal agencies; 

15 [‘‘(D) State and local first responder agen16 cies and officials; and 

17 [‘‘(E) groups responsible for setting stand18 ards relevant to the first responder community. 

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

20 [‘‘(A) establish essential capabilities under 

21 paragraph (1) within 30 days after receipt of the 

22 initial submission of a final report under section 

23 1803(c)(2); and 
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1 [‘‘(B) regularly update such essential capa2 bilities as necessary, but not less than every 3 

3 years. 

4 [‘‘(3) PROVISION OF ESSENTIAL CAPABILITIES.— 

5 The Secretary shall ensure that essential capabilities 

6 established under paragraph (1) are provided prompt7 ly to the States and to the Congress. The States shall 

8 make the essential capabilities available as necessary 

9 and appropriate to local governments within their ju10 risdictions. 

11 [‘‘(b) OBJECTIVES.—The Secretary shall ensure that 

12 essential capabilities established under subsection (a)(1) 

13 meet the following objectives: 

14 [‘‘(1) SPECIFICITY.—The determination of essen15 tial capabilities specifically shall describe the train16 ing, planning, personnel, and equipment that dif17 ferent types of communities in the Nation should pos18 sess, or to which they should have access, in order to 

19 meet the Department’s goals for terrorism prepared20 ness based upon— 

21 [‘‘(A) the most current risk assessment 

22 available by the Directorate for Information 

23 Analysis and Infrastructure Protection of the 

24 threats of terrorism against the United States; 

25 and 
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1 [‘‘(B) the types of threats, vulnerabilities, 

2 geography, size, and other factors that the Sec3 retary has determined to be applicable to each 

4 different type of community. 

5 [‘‘(2) FLEXIBILITY.—The establishment of essen6 tial capabilities shall be sufficiently flexible to allow 

7 State and local government officials to set priorities 

8 based on particular needs, while reaching nationally 

9 determined terrorism preparedness levels within a 

10 specified time period. 

11 [‘‘(3) MEASURABILITY.—The establishment of es12 sential capabilities shall be designed to enable meas13 urement of progress towards specific terrorism pre14 paredness goals. 

15 [‘‘(c) THREATS TO BE CONSIDERED.— 

16 [‘‘(1) IN GENERAL.—In establishing essential ca17 pabilities under subsection (a)(1), the Secretary spe18 cifically shall consider the variables of threat, vulner19 ability, and consequences with respect to the Nation’s 

20 population (including transient commuting and tour21 ist populations) and critical infrastructure. Such con22 sideration shall be based upon the most current risk 

23 assessment available by the Directorate for Informa24 tion Analysis and Infrastructure Protection of the 

25 threats of terrorism against the United States. 
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1 [‘‘(2) CRITICAL INFRASTRUCTURE SECTORS.— 

2 The Secretary specifically shall consider threats of 

3 terrorism against the following critical infrastructure 

4 sectors in all areas of the Nation, urban and rural: 

5 [‘‘(A) Agriculture. 

6 [‘‘(B) Banking and finance. 

7 [‘‘(C) Chemical industries. 

8 [‘‘(D) The defense industrial base. 

9 [‘‘(E) Emergency services. 

10 [‘‘(F) Energy. 

11 [‘‘(G) Food. 

12 [‘‘(H) Government. 

13 [‘‘(I) Postal and shipping. 

14 [‘‘(J) Public health. 

15 [‘‘(K) Information and telecommunications 

16 networks. 

17 [‘‘(L) Transportation, ports, and con18 tainers. 

19 [‘‘(M) Water. 

20 [‘‘(N) Courts and justice facilities. 

21 The order in which the critical infrastructure sectors 

22 are listed in this paragraph shall not be construed as 

23 an order of priority for consideration of the impor24 tance of such sectors. 
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1 [‘‘(3) CONSIDERATION OF ADDITIONAL

2 THREATS.—In establishing essential capabilities 

3 under subsection (a)(1), the Secretary shall take into 

4 account any other specific threat to a population (in5 cluding a transient commuting or tourist population) 

6 or critical infrastructure sector that the Secretary has 

7 determined to exist. 

8 [‘‘SEC. 1803. TASK FORCE ON ESSENTIAL CAPABILITIES FOR 

9 FIRST RESPONDERS. 

10 [‘‘(a) ESTABLISHMENT.—To assist the Secretary in es11 tablishing essential capabilities under section 1802(a)(1), 

12 the Secretary shall establish an advisory body to be known 

13 as the Task Force on Essential Capabilities for First Re14 sponders not later than 60 days after the date of the enact15 ment of this section. 

16 [‘‘(b) DRAFT REPORT.— 

17 [‘‘(1) IN GENERAL.—The Task Force shall sub18 mit to the Secretary, not later than one year after its 

19 establishment by the Secretary under subsection (a) 

20 and every 3 years thereafter, a draft report on its rec21 ommendations for the essential capabilities all State 

22 and local government first responders should possess, 

23 or to which they should have access, to enhance ter24 rorism preparedness, including— 

25 [‘‘(A) to prevent a terrorist attack; 
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1 [‘‘(B) to protect persons and critical infra2 structure against attack; and 

3 [‘‘(C) to enhance terrorism response and 

4 mitigation capabilities if such an attack occurs. 

5 [‘‘(2) THREATS TO BE CONSIDERED IN DETER6 MINING ESSENTIAL CAPABILITIES.— 

7 [‘‘(A) IN GENERAL.—In reporting to the 

8 Secretary on its recommendations for essential 

9 capabilities, the Task Force specifically shall 

10 consider the critical infrastructure sectors de11 scribed in section 1802(c)(2), and the threats to 

12 populations in all areas of the Nation, urban 

13 and rural, including the following: 

14 [‘‘(i) Biological threats. 

15 [‘‘(ii) Nuclear threats. 

16 [‘‘(iii) Radiological threats. 

17 [‘‘(iv) Incendiary threats. 

18 [‘‘(v) Chemical threats. 

19 [‘‘(vi) Explosives. 

20 [‘‘(vii) Suicide bombers. 

21 [‘‘(viii) Cyber threats. 

22 [‘‘(ix) Any other threats based on prox23 imity to specific past acts of terrorism or 

24 the known activity of any terrorist group. 
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1 [‘‘(B) NO PRIORITY.—The order in which 

2 the threats are listed in subparagraph (A) shall 

3 not be construed as an order of priority for con4 sideration of the importance of such threats. 

5 [‘‘(3) RISK-BASED.—The draft report shall be 

6 based upon the most current risk assessment available 

7 by the Directorate for Information Analysis and In8 frastructure Protection of the threats of terrorism 

9 against the United States provided to the Task Force 

10 pursuant to subsection (d). 

11 [‘‘(4) CONTENTS.—The draft report shall— 

12 [‘‘(A) include a priority ranking of essential 

13 capabilities, in order to provide guidance to the 

14 Secretary and to the Congress on determining 

15 the appropriate allocation of, and funding levels 

16 for, first responder needs; 

17 [‘‘(B) set forth a methodology by which any 

18 State or local government will be able to deter19 mine the extent to which it possesses or has ac20 cess to the essential capabilities that States and 

21 local governments having similar risks should 

22 obtain; 

23 [‘‘(C) describe the availability of national 

24 voluntary consensus standards, and whether 

25 there is a need for new national voluntary con-
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1 sensus standards, with respect to first responder 

2 training and equipment; 

3 [‘‘(D) include such additional matters as 

4 the Secretary may specify in order to further the 

5 terrorism preparedness capabilities of first re6 sponders; and 

7 [‘‘(E) include such revisions to the contents 

8 of past reports as are necessary to take into ac9 count changes in the most current risk assess10 ment available by the Directorate for Informa11 tion Analysis and Infrastructure Protection or 

12 other relevant information as determined by the 

13 Secretary. 

14 [‘‘(c) REVIEW AND REVISION OF DRAFT REPORT.— 

15 [‘‘(1) REVIEW AND COMMENTS.—Within 30 days 

16 after the date of the submission of the draft report by 

17 the Task Force under subsection (b), the Secretary 

18 shall review and provide comments to the Task Force 

19 on the contents of the draft report. 

20 [‘‘(2) REVISION AND SUBMISSION OF FINAL RE21 PORT.—Within 30 days after receiving the Secretary’s 

22 comments, the Task Force shall— 

23 [‘‘(A) revise its draft report based on the 

24 comments provided by the Secretary, and any 

25 other comments it has solicited and received, if 
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1 the Task Force determines that such revisions are 

2 appropriate; and 

3 [‘‘(B) submit the final report on essential 

4 capabilities to the Secretary and to the Congress. 

5 [‘‘(d) TASK FORCE ACCESS TO INFORMATION.— 

6 [‘‘(1) SECURITY CLEARANCES.—For purposes of 

7 carrying out its responsibilities under this section, the 

8 Task Force shall be provided as a matter of priority 

9 appropriate security clearances, including interim se10 curity clearances. 

11 [‘‘(2) ACCESS TO FINISHED INTELLIGENCE.—For 

12 purposes of carrying out its responsibilities under this 

13 section, the Task Force shall be provided access to all 

14 finished intelligence and analytic products it may re15 quest from the Directorate for Information Analysis 

16 and Infrastructure Protection or other sources within 

17 the Department concerning the nature and likelihood 

18 of terrorist attacks on the territory of the United 

19 States. 

20 [‘‘(3) ACCESS TO ASSESSMENT TOOLS.—For pur21 poses of carrying out its responsibilities under this 

22 section, the Task Force shall be provided access to all 

23 tools or methodologies currently or formerly used by 

24 the Department and its predecessor organizations to 
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1 assess the preparedness capabilities of State and local 

2 governments. 

3 [‘‘(4) VALID CLEARANCES.—Nothing in this sec4 tion shall be considered to authorize a member of the 

5 Task Force to have access to classified information 

6 unless that member possesses a valid clearance to re7 ceive such information. 

8 [‘‘(e) MEMBERSHIP.— 

9 [‘‘(1) IN GENERAL.—The Task Force shall consist 

10 of 25 members appointed by the Secretary, and 

11 shall— 

12 [‘‘(A) represent a cross section of first re13 sponder disciplines; and 

14 [‘‘(B) include both State and local rep15 resentatives within each discipline. 

16 [‘‘(2) TERM OF MEMBERS.—Each appointed 

17 member of the Task Force shall serve for a term not 

18 to exceed 18 months. No individual may be appointed 

19 as a member of the Task Force for more than 2 terms. 

20 [‘‘(3) SELECTION OF MEMBERS.—The Secretary 

21 shall include in the membership of the Task Force— 

22 [‘‘(A) members selected from the emergency 

23 response field, including firefighters and law en24 forcement, hazardous materials response, emer25 gency medical services, and emergency manage-
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1 ment personnel (including public works per2 sonnel routinely engaged in emergency response); 

3 [‘‘(B) health scientists, emergency and inpa4 tient medical providers, and public health profes5 sionals, including experts in emergency health 

6 care response to chemical, biological, radio7 logical, and nuclear terrorism, and experts in 

8 providing mental health care during emergency 

9 response operations; 

10 [‘‘(C) experts from Federal, State, and local 

11 governments, and the private sector, representing 

12 standards-setting organizations, including rep13 resentation from the voluntary consensus codes 

14 and standards development community, particu15 larly those with expertise in firefighting, law en16 forcement, and emergency medical services deliv17 ery; and 

18 [‘‘(D) State and local officials with exper19 tise in terrorism preparedness, subject to the con20 dition that if any such officials are elected offi21 cials, an equal number shall be selected from 

22 each of the two major political parties. 

23 [‘‘(4) EX OFFICIO MEMBERS.—The Secretary 

24 shall designate one or more officers of the Department 

25 to serve as ex officio members of the Task Force, one 
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1 of whom shall be the designated officer of the Federal 

2 Government for purposes of subsection (e) of section 

3 10 of the Federal Advisory Committee Act. 

4 [‘‘(5) DIVERSITY IN COMPOSITION OF TASK

5 FORCE.—In appointing members to the Task Force, 

6 the Secretary shall ensure, to the extent practicable, 

7 that its membership— 

8 [‘‘(A) is geographically diverse; 

9 [‘‘(B) includes representatives from both 

10 rural and urban jurisdictions; 

11 [‘‘(C) includes representatives from both 

12 management and labor; 

13 [‘‘(D) includes representatives from both 

14 uniformed and nonuniformed professions; 

15 [‘‘(E) includes representatives from both 

16 voluntary and professional services; 

17 [‘‘(F) includes representatives from both 

18 government and nongovernment emergency med19 ical services; and 

20 [‘‘(G) includes sufficient personnel with se21 curity clearances necessary to review classified 

22 materials that may be needed to conduct the 

23 business of the Task Force. 

24 [‘‘(6) CHAIR.—At the first meeting of the Task 

25 Force, the membership of the Task Force appointed 
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1 under paragraph (3) shall elect a chair of the Task 

2 Force. 

3 [‘‘(f) MEETINGS.—The Task Force shall meet as often 

4 as necessary to complete reports in accordance with this sec5 tion. 

6 [‘‘(g) PAY.— 

7 [‘‘(1) IN GENERAL.—Members of the Task Force 

8 shall serve without pay by reason of their work on the 

9 Task Force. 

10 [‘‘(2) FEDERAL OFFICERS AND EMPLOYEES.— 

11 Members of the Task Force who are officers or em12 ployees of the United States shall receive no addi13 tional pay by reason of their service as a member of 

14 the Task Force. 

15 [‘‘(h) TRAVEL EXPENSES.—Members of the Task Force 

16 shall be allowed travel expenses, including per diem in lieu 

17 of subsistence, at rates authorized for employees of agencies 

18 under subchapter I of chapter 57 of title 5, United States 

19 Code, while away from their homes or regular places of 

20 business in the performance of services for the Task Force. 

21 [‘‘(i) SERVICES, FUNDS, AND STAFF.—The Secretary 

22 shall provide to the Task Force, on a non-reimbursable 

23 basis, such administrative services, funds, staff, facilities, 

24 and other support services as the Secretary determines nec25 essary, in consultation with the chair of the Task Force, 
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1 for the Task Force to perform its duties efficiently and in 

2 accordance with this section. 

3 [‘‘(j) DETAILS.—Upon the request of the Task Force, 

4 the Secretary may detail, without reimbursement, any per5 sonnel of the Department to assist the Task Force in car6 rying out its duties. Any such detail of an employee shall 

7 be without interruption or loss of civil service status or 

8 privilege. 

9 [‘‘(k) APPLICABILITY OF FEDERAL ADVISORY COM10 MITTEE ACT.—The Federal Advisory Committee Act (5 

11 U.S.C. App.), including subsections (a), (b), and (d) of sec12 tion 10 of such Act, and section 552b(c) of title 5, United 

13 States Code, shall apply to the Task Force. 

14 [‘‘SEC. 1804. COVERED GRANT ELIGIBILITY AND CRITERIA. 

15 [‘‘(a) GRANT ELIGIBILITY.—Any State, region, or di16 rectly eligible tribe shall be eligible to apply for a covered 

17 grant. 

18 [‘‘(b) AWARDING GRANTS.— 

19 [‘‘(1) CRITERIA.—In awarding covered grants, 

20 the Secretary shall assist States and local govern21 ments in achieving the essential capabilities for first 

22 responders established by the Secretary under section 

23 1802. 

24 [‘‘(2) THREAT ASSESSMENTS.—In assessing 

25 threats for purposes of awarding covered grants, the 
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1 credibility of the threat shall be weighted more than 

2 population concentration or critical infrastructure or 

3 any other consideration. 

4 [‘‘(c) STATE HOMELAND SECURITY PLANS.— 

5 [‘‘(1) SUBMISSION OF PLANS.—The Secretary 

6 shall require that any State applying to the Secretary 

7 for a covered grant must submit to the Secretary a 

8 3-year State homeland security plan that— 

9 [‘‘(A) demonstrates the extent to which the 

10 State has achieved the essential capabilities that 

11 apply to the State, and describes the extent to 

12 which the State used the methodology developed 

13 pursuant to section 1803(b)(4)(B) to evaluate the 

14 level of its essential capabilities; 

15 [‘‘(B) demonstrates the additional needs of 

16 the State necessary to achieve the essential capa17 bilities that apply to the State; 

18 [‘‘(C) includes a prioritization of such addi19 tional needs based on threat, vulnerability, and 

20 consequence assessment factors applicable to the 

21 State; 

22 [‘‘(D) describes how the State intends— 

23 [‘‘(i) to address such additional needs 

24 at the city, county, regional, State, and 
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1 interstate level, and with respect to any In2 dian tribes within its boundaries; 

3 [‘‘(ii) to use all Federal, State, and 

4 local resources available for the purpose of 

5 addressing such additional needs; and 

6 [‘‘(iii) to give particular emphasis to 

7 regional planning and cooperation, both 

8 within its jurisdictional borders and with 

9 neighboring States; and 

10 [‘‘(E) is developed in consultation with and 

11 subject to appropriate comment by local govern12 ments within the State. 

13 [‘‘(2) APPROVAL BY SECRETARY.—The Secretary 

14 may not award any covered grant to a State unless 

15 the Secretary has approved the applicable State home16 land security plan. 

17 [‘‘(d) CONSISTENCY WITH STATE PLANS.—The Sec18 retary shall ensure that each covered grant is used to sup19 plement and support, in a consistent and coordinated man20 ner, the applicable State homeland security plan or plans. 

21 [‘‘(e) APPLICATION FOR GRANT.— 

22 [‘‘(1) IN GENERAL.—Any State, region, or di23 rectly eligible tribe may apply for a covered grant by 

24 submitting to the Secretary an application at such 

25 time, in such manner, and containing such informa-
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1 tion as is required under this subsection, or as the 

2 Secretary may reasonably require. 

3 [‘‘(2) DEADLINES FOR APPLICATIONS AND

4 AWARDS.—All applications for covered grants must be 

5 submitted to the Secretary no later than February 15 

6 of the fiscal year for which they are submitted. The 

7 Secretary shall award covered grants pursuant to all 

8 approved applications for such fiscal year as soon as 

9 practicable, but not later than July 31 of such year. 

10 [‘‘(3) AVAILABILITY OF FUNDS.—All funds 

11 awarded by the Secretary under covered grants in a 

12 fiscal year shall be available for obligation through 

13 the end of the subsequent fiscal year. 

14 [‘‘(4) MINIMUM CONTENTS OF APPLICATION.— 

15 The Secretary shall require that each applicant in16 clude in its application, at a minimum— 

17 [‘‘(A) the purpose for which the applicant 

18 seeks covered grant funds and the reasons why 

19 the applicant needs the covered grant to meet the 

20 essential capabilities for terrorism preparedness 

21 within the boundaries of the State, region, or di22 rectly eligible tribe to which the application per23 tains; 

24 [‘‘(B) a description of how, by reference to 

25 the applicable State homeland security plan or 
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1 plans under subsection (c), the allocation of 

2 grant funding proposed in the application, in3 cluding, where applicable, the amount not passed 

4 through under section 1805(e)(1), would assist in 

5 fulfilling the essential capabilities specified in 

6 such plan or plans; 

7 [‘‘(C) a statement of whether a mutual aid 

8 agreement applies to the use of all or any por9 tion of the covered grant funds; 

10 [‘‘(D) if the applicant is a region— 

11 [‘‘(i) a precise geographical description 

12 of the region and a specification of all par13 ticipating and nonparticipating local gov14 ernments within the geographical area com15 prising that region; 

16 [‘‘(ii) a specification of what govern17 mental entity within the region will admin18 ister the expenditure of funds under the cov19 ered grant; and 

20 [‘‘(iii) a designation of a specific indi21 vidual to serve as regional liaison; 

22 [‘‘(E) if the applicant is a directly eligible 

23 tribe, a designation of a specific individual to 

24 serve as tribal liaison; 
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1 [‘‘(F) a capital budget showing how the ap2 plicant intends to allocate and expend the cov3 ered grant funds; and 

4 [‘‘(G) a statement of how the applicant in5 tends to meet the matching requirement, if any, 

6 that applies under section 1805(e)(2). 

7 [‘‘(5) REGIONAL APPLICATIONS.— 

8 [‘‘(A) SUBMISSION TO STATE OR STATES.— 

9 To ensure the consistency required under sub10 section (d), an applicant that is a region must 

11 simultaneously submit its application to the De12 partment and to each State of which any part 

13 is included in the region. 

14 [‘‘(B) OPPORTUNITY FOR STATE COM15 MENT.—Before awarding any covered grant to a 

16 region, the Secretary shall provide an oppor17 tunity to each State of which any part is in18 cluded in a region, during the 30-day period be19 ginning on the date on which the region submits 

20 an application for a covered grant, to comment 

21 to the Secretary on the consistency of the region’s 

22 plan with the State’s homeland security plan. 

23 [‘‘(C) FINAL AUTHORITY.—The Secretary 

24 shall have final authority to determine the con25 sistency of any regional application with the ap-
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1 plicable State homeland security plan or plans 

2 and approve any regional application. The Sec3 retary shall notify each State of which any part 

4 is included in a region of the approval of a re5 gional application for that region. 

6 [‘‘(D) REGIONAL LIAISONS.—A regional li7 aison designated under paragraph (4)(D)(iii) 

8 shall— 

9 [‘‘(i) coordinate with Federal, State, 

10 local, regional, and private officials within 

11 the region concerning terrorism prepared12 ness; 

13 [‘‘(ii) develop a process for receiving 

14 input from Federal, State, local, regional, 

15 and private sector officials within the re16 gion to assist in the development of the re17 gional application and to improve the re18 gion’s access to covered grants; and 

19 [‘‘(iii) administer, in consultation with 

20 State, local, regional, and private officials 

21 within the region, covered grants awarded 

22 to the region. 

23 [‘‘(6) TRIBAL APPLICATIONS.— 

24 [‘‘(A) SUBMISSION TO STATE OR STATES.— 

25 To ensure the consistency required under sub-
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1 section (d), an applicant that is a directly eligi2 ble tribe must simultaneously submit its applica3 tion to the Department and to each State within 

4 the boundaries of which any part of that tribe is 

5 located. 

6 [‘‘(B) OPPORTUNITY FOR STATE COM7 MENT.—Before awarding any covered grant to a 

8 directly eligible tribe, the Secretary shall provide 

9 an opportunity to each State within the bound10 aries of which any part of that tribe is located, 

11 during the 30-day period beginning on the date 

12 on which the tribe submits an application for a 

13 covered grant, to comment to the Secretary on 

14 the consistency of the tribe’s plan with the 

15 State’s homeland security plan. 

16 [‘‘(C) FINAL AUTHORITY.—The Secretary 

17 shall have final authority to determine the con18 sistency of any application of a directly eligible 

19 tribe with the applicable State homeland security 

20 plan or plans and approve any application of 

21 that tribe. The Secretary shall notify each State 

22 within the boundaries of which any part of that 

23 tribe is located of the approval of an application 

24 of that tribe. 
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1 [‘‘(D) TRIBAL LIAISON.—A tribal liaison 

2 designated under paragraph (4)(E) shall— 

3 [‘‘(i) coordinate with Federal, State, 

4 local, regional, and private officials con5 cerning terrorism preparedness; 

6 [‘‘(ii) develop a process for receiving 

7 input from Federal, State, local, regional, 

8 and private sector officials to assist in the 

9 development of the application of that tribe 

10 and to improve the tribe’s access to covered 

11 grants; and 

12 [‘‘(iii) administer, in consultation with 

13 State, local, regional, and private officials, 

14 covered grants awarded to that tribe. 

15 [‘‘(E) LIMITATION ON NUMBER OF DIRECT

16 GRANTS.—The Secretary may make covered 

17 grants directly to not more than 20 directly eli18 gible tribes per fiscal year. 

19 [‘‘(F) TRIBES NOT RECEIVING DIRECT

20 GRANTS.—An Indian tribe not receiving a grant 

21 directly under this section is eligible to receive 

22 funds under a covered grant from the State or 

23 States within the boundaries of which any part 

24 of that tribe is located, consistent with the home25 land security plan of the State as described in 
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1 subsection (c). If a State fails to comply with 

2 section 1805(e)(1), the tribe is entitled to pursue 

3 the procedures set forth in section 1805(f)(3) to 

4 the extent applicable. 

5 [‘‘(7) EQUIPMENT STANDARDS.—If an applicant 

6 for a covered grant proposes to upgrade or purchase, 

7 with assistance provided under the grant, new equip8 ment or systems that do not meet or exceed any appli9 cable national voluntary consensus standards estab10 lished by the Secretary under section 1806(a), the ap11 plicant shall include in the application an expla12 nation of why such equipment or systems will serve 

13 the needs of the applicant better than equipment or 

14 systems that meet or exceed such standards. 

15 [‘‘(f) FIRST RESPONDER GRANTS BOARD.— 

16 [‘‘(1) ESTABLISHMENT OF BOARD.—The Sec17 retary shall establish a First Responder Grants 

18 Board, consisting of— 

19 [‘‘(A) the Secretary; 

20 [‘‘(B) the Under Secretary for Emergency 

21 Preparedness and Response; 

22 [‘‘(C) the Under Secretary for Border and 

23 Transportation Security; 

24 [‘‘(D) the Under Secretary for Information 

25 Analysis and Infrastructure Protection; 
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1 [‘‘(E) the Under Secretary for Science and 

2 Technology; and 

3 [‘‘(F) the Director of the Office for Domestic 

4 Preparedness. 

5 [‘‘(2) CHAIRMAN.— 

6 [‘‘(A) IN GENERAL.—The Secretary shall be 

7 the Chairman of the Board. 

8 [‘‘(B) EXERCISE OF AUTHORITIES BY DEP9 UTY SECRETARY.—The Deputy Secretary of 

10 Homeland Security may exercise the authorities 

11 of the Chairman, if the Secretary so directs. 

12 [‘‘(3) RANKING OF GRANT APPLICATIONS.— 

13 [‘‘(A) PRIORITIZATION OF GRANTS.—The 

14 Board shall evaluate and annually prioritize all 

15 pending applications for covered grants based 

16 upon the degree to which they would lessen the 

17 threat to, vulnerability of, and consequences for 

18 persons and critical infrastructure. 

19 [‘‘(B) ACHIEVING NATIONWIDE CAPA20 BILITY.—In evaluating and prioritizing grant 

21 applications under subparagraph (A), the Board 

22 shall seek to achieve and enhance essential capa23 bilities throughout the Nation. 

24 [‘‘(C) MINIMUM AMOUNTS.—After evalu25 ating and prioritizing grant applications under 
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1 subparagraph (A), the Board shall ensure that, 

2 for each fiscal year— 

3 [‘‘(i) the States, the District of Colum4 bia, and the Commonwealth of Puerto Rico 

5 each receive no less than 0.25 percent of the 

6 funds available for covered grants for that 

7 fiscal year for purposes of implementing its 

8 homeland security plan in accordance with 

9 the prioritization of additional needs under 

10 subsection (c)(1)(C); 

11 [‘‘(ii) the United States Virgin Islands, 

12 America Samoa, Guam, and the Northern 

13 Mariana Islands each receive no less than 

14 0.08 percent of the funds available for cov15 ered grants for that fiscal year for purposes 

16 of implementing its homeland security plan 

17 in accordance with the prioritization of ad18 ditional needs under subsection (c)(1)(C); 

19 and 

20 [‘‘(iii) directly eligible tribes under sec21 tion 1807(8) collectively receive no less than 

22 0.25 percent of the funds available for cov23 ered grants for that fiscal year for purposes 

24 of addressing needs identified in the appli25 cations of such tribes, consistent with the 
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1 homeland security plan of each State within 

2 the boundaries of which any part of any 

3 such tribe is located. 

4 [‘‘(4) FUNCTIONS OF UNDER SECRETARIES.—The 

5 Under Secretaries referred to in paragraph (1) shall 

6 seek to ensure that the relevant expertise and input of 

7 the staff of their directorates are available to and con8 sidered by the Board. 

9 [‘‘SEC. 1805. USE OF FUNDS AND ACCOUNTABILITY RE10 QUIREMENTS. 

11 [‘‘(a) IN GENERAL.—A covered grant may be used 

12 for— 

13 [‘‘(1) purchasing or upgrading equipment, in14 cluding computer software, to enhance terrorism pre15 paredness and response; 

16 [‘‘(2) exercises to strengthen terrorism prepared17 ness and response; 

18 [‘‘(3) training for prevention (including detec19 tion) of, preparedness for, or response to attacks in20 volving weapons of mass destruction, including train21 ing in the use of equipment and computer software; 

22 [‘‘(4) developing or updating response plans; 

23 [‘‘(5) establishing or enhancing mechanisms for 

24 sharing terrorism threat information pursuant to this 

25 Act; 
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1 [‘‘(6) systems architecture and engineering, pro2 gram planning and management, strategy formula3 tion and strategic planning, life-cycle systems design, 

4 product and technology evaluation, and prototype de5 velopment for terrorism preparedness and response 

6 purposes; 

7 [‘‘(7) additional personnel costs resulting from— 

8 [‘‘(A) elevations in the threat alert level of 

9 the Homeland Security Advisory System; 

10 [‘‘(B) travel to and participation in exer11 cises and training in the use of equipment and 

12 on prevention activities; and 

13 [‘‘(C) the temporary replacement of per14 sonnel during any period of travel to and par15 ticipation in exercises and training in the use of 

16 equipment and on prevention activities; 

17 [‘‘(8) the costs of equipment (including software) 

18 required to receive, transmit, handle, and store classi19 fied information; 

20 [‘‘(9) enhancing facilities to serve as operations 

21 centers, or hardening critical infrastructure against 

22 potential attack by the addition of barriers, fences, 

23 gates, and other such devices; 

24 [‘‘(10) the costs of commercially available equip25 ment that complies with, where applicable, national 
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1 voluntary consensus standards, and that facilitates 

2 interoperability, coordination, and integration be3 tween emergency communications systems, includ4 ing— 

5 [‘‘(A) mobile vehicles that contain equip6 ment such as commercial telephone trunk lines, 

7 VHF and UHF radios, patch panels, and 

8 crosspatches, among other technologies and 

9 equipment; and 

10 [‘‘(B) communications system overlay soft11 ware and hardware that allow multiple dis12 parate communications networks to act as one 

13 network; 

14 [‘‘(11) educational curricula development for 

15 first responders to ensure that they are prepared for 

16 terrorist attacks; 

17 [‘‘(12) training and exercises to assist public ele18 mentary and secondary schools in developing and im19 plementing programs to instruct students regarding 

20 age-appropriate skills to prepare for and respond to 

21 an act of terrorism; and 

22 [‘‘(13) other appropriate activities as determined 

23 by the Secretary. 

24 [‘‘(b) PROHIBITED USES.—Funds provided as a cov25 ered grant may not be used— 
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1 [‘‘(1) to supplant State or local funds for, or oth2 erwise support, traditional missions of State and 

3 local law enforcement, firefighters, emergency medical 

4 services, or public health agencies, unless such support 

5 serves a dual purpose and the funds are primarily in6 tended to enhance terrorism preparedness; 

7 [‘‘(2) to acquire land; or 

8 [‘‘(3) for any State or local government cost 

9 sharing contribution. 

10 [‘‘(c) ASSISTANCE REQUIREMENT.—The Secretary 

11 may not request that equipment paid for, wholly or in part, 

12 with funds provided as a covered grant be made available 

13 for responding to emergencies in surrounding States, re14 gions, and localities, unless the Secretary undertakes to pay 

15 the costs directly attributable to transporting and operating 

16 such equipment during such response. 

17 [‘‘(d) FLEXIBILITY IN UNSPENT HOMELAND SECURITY

18 GRANT FUNDS.—Upon request by the recipient of a covered 

19 grant, the Secretary may authorize the grantee to transfer 

20 all or part of funds provided as the covered grant from uses 

21 specified in the grant agreement to other uses authorized 

22 under this section, if the Secretary determines that such 

23 transfer is in the interests of homeland security. 

24 [‘‘(e) STATE, REGIONAL, AND TRIBAL RESPONSIBIL25 ITIES.— 
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1 [‘‘(1) PASS-THROUGH.—The Secretary shall re2 quire a recipient of a covered grant that is a State 

3 to obligate or otherwise make available to local gov4 ernments, first responders, and other local groups, to 

5 the extent required under the State homeland security 

6 plan or plans specified in the application for the 

7 grant, not less than 80 percent of the grant funds, re8 sources purchased with the grant funds having a 

9 value equal to at least 80 percent of the amount of 

10 the grant, or a combination thereof, by not later than 

11 the end of the 45-day period beginning on the date the 

12 grant recipient receives the grant funds. 

13 [‘‘(2) COST SHARING.— 

14 [‘‘(A) IN GENERAL.—The Federal share of 

15 the costs of an activity carried out with a cov16 ered grant to a State, region, or directly eligible 

17 tribe awarded after the 2-year period beginning 

18 on the date of the enactment of this section shall 

19 not exceed 75 percent. 

20 [‘‘(B) INTERIM RULE.—The Federal share of 

21 the costs of an activity carried out with a cov22 ered grant awarded before the end of the 2-year 

23 period beginning on the date of the enactment of 

24 this section shall be 100 percent. 
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1 [‘‘(C) IN-KIND MATCHING.—Each recipient 

2 of a covered grant may meet the matching re3 quirement under subparagraph (A) by making 

4 in-kind contributions of goods or services that 

5 are directly linked with the purpose for which 

6 the grant is made, including, but not limited to, 

7 any necessary personnel overtime, contractor 

8 services, administrative costs, equipment fuel 

9 and maintenance, and rental space. 

10 [‘‘(3) CERTIFICATIONS REGARDING DISTRIBUTION

11 OF GRANT FUNDS TO LOCAL GOVERNMENTS.—Any 

12 State that receives a covered grant shall certify to the 

13 Secretary, by not later than 30 days after the expira14 tion of the period described in paragraph (1) with re15 spect to the grant, that the State has made available 

16 for expenditure by local governments, first responders, 

17 and other local groups the required amount of grant 

18 funds pursuant to paragraph (1). 

19 [‘‘(4) ANNUAL REPORT ON HOMELAND SECURITY

20 SPENDING.—Each recipient of a covered grant shall 

21 submit a report to the Secretary not later than 60 

22 days after the end of each fiscal year. Each recipient 

23 of a covered grant that is a region must simulta24 neously submit its report to each State of which any 

25 part is included in the region. Each recipient of a 
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1 covered grant that is a directly eligible tribe must si2 multaneously submits its report to each State within 

3 the boundaries of which any part of such tribe is lo4 cated. Each report must include the following: 

5 [‘‘(A) The amount, ultimate recipients, and 

6 dates of receipt of all funds received under the 

7 grant during the previous fiscal year. 

8 [‘‘(B) The amount and the dates of dis9 bursements of all such funds expended in compli10 ance with paragraph (1) or pursuant to mutual 

11 aid agreements or other sharing arrangements 

12 that apply within the State, region, or directly 

13 eligible tribe, as applicable, during the previous 

14 fiscal year. 

15 [‘‘(C) How the funds were utilized by each 

16 ultimate recipient or beneficiary during the pre17 ceding fiscal year. 

18 [‘‘(D) The extent to which essential capa19 bilities identified in the applicable State home20 land security plan or plans were achieved or en21 hanced as the result of the expenditure of grant 

22 funds during the preceding fiscal year. 

23 [‘‘(E) The extent to which essential capa24 bilities identified in the applicable State home25 land security plan or plans remain unmet. 
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1 [‘‘(5) INCLUSION OF RESTRICTED ANNEXES.—A 

2 recipient of a covered grant may submit to the Sec3 retary an annex to the report under paragraph (4) 

4 that is subject to appropriate handling restrictions, if 

5 the recipient believes that discussion in the report of 

6 unmet needs would reveal sensitive but unclassified 

7 information. 

8 [‘‘(6) PROVISION OF REPORTS.—The Secretary 

9 shall ensure that each report under paragraph (4) is 

10 provided to the Under Secretary for Emergency Pre11 paredness and Response and the Director of the Office 

12 for Domestic Preparedness. 

13 [‘‘(f) INCENTIVES TO EFFICIENT ADMINISTRATION OF

14 HOMELAND SECURITY GRANTS.— 

15 [‘‘(1) PENALTIES FOR DELAY IN PASSING

16 THROUGH LOCAL SHARE.—If a recipient of a covered 

17 grant that is a State fails to pass through to local 

18 governments, first responders, and other local groups 

19 funds or resources required by subsection (e)(1) with20 in 45 days after receiving funds under the grant, the 

21 Secretary may— 

22 [‘‘(A) reduce grant payments to the grant 

23 recipient from the portion of grant funds that is 

24 not required to be passed through under sub25 section (e)(1); 
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1 [‘‘(B) terminate payment of funds under the 

2 grant to the recipient, and transfer the appro3 priate portion of those funds directly to local 

4 first responders that were intended to receive 

5 funding under that grant; or 

6 [‘‘(C) impose additional restrictions or bur7 dens on the recipient’s use of funds under the 

8 grant, which may include— 

9 [‘‘(i) prohibiting use of such funds to 

10 pay the grant recipient’s grant-related over11 time or other expenses; 

12 [‘‘(ii) requiring the grant recipient to 

13 distribute to local government beneficiaries 

14 all or a portion of grant funds that are not 

15 required to be passed through under sub16 section (e)(1); or 

17 [‘‘(iii) for each day that the grant re18 cipient fails to pass through funds or re19 sources in accordance with subsection (e)(1), 

20 reducing grant payments to the grant re21 cipient from the portion of grant funds that 

22 is not required to be passed through under 

23 subsection (e)(1), except that the total 

24 amount of such reduction may not exceed 

25 20 percent of the total amount of the grant. 
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1 [‘‘(2) EXTENSION OF PERIOD.—The Governor of 

2 a State may request in writing that the Secretary ex3 tend the 45-day period under paragraph (1) for an 

4 additional 15-day period. The Secretary may approve 

5 such a request, and may extend such period for addi6 tional 15-day periods, if the Secretary determines 

7 that the resulting delay in providing grant funding to 

8 the local government entities that will receive funding 

9 under the grant will not have a significant detri10 mental impact on such entities’ terrorism prepared11 ness efforts. 

12 [‘‘(3) PROVISION OF NON-LOCAL SHARE TO

13 LOCAL GOVERNMENT.— 

14 [‘‘(A) IN GENERAL.—The Secretary may 

15 upon request by a local government pay to the 

16 local government a portion of the amount of a 

17 covered grant awarded to a State in which the 

18 local government is located, if— 

19 [‘‘(i) the local government will use the 

20 amount paid to expedite planned enhance21 ments to its terrorism preparedness as de22 scribed in any applicable State homeland 

23 security plan or plans; 
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1 [‘‘(ii) the State has failed to pass 

2 through funds or resources in accordance 

3 with subsection (e)(1); and 

4 [‘‘(iii) the local government complies 

5 with subparagraphs (B) and (C). 

6 [‘‘(B) SHOWING REQUIRED.—To receive a 

7 payment under this paragraph, a local govern8 ment must demonstrate that— 

9 [‘‘(i) it is identified explicitly as an 

10 ultimate recipient or intended beneficiary 

11 in the approved grant application; 

12 [‘‘(ii) it was intended by the grantee to 

13 receive a severable portion of the overall 

14 grant for a specific purpose that is identi15 fied in the grant application; 

16 [‘‘(iii) it petitioned the grantee for the 

17 funds or resources after expiration of the pe18 riod within which the funds or resources 

19 were required to be passed through under 

20 subsection (e)(1); and 

21 [‘‘(iv) it did not receive the portion of 

22 the overall grant that was earmarked or 

23 designated for its use or benefit. 
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1 [‘‘(C) EFFECT OF PAYMENT.—Payment of 

2 grant funds to a local government under this 

3 paragraph— 

4 [‘‘(i) shall not affect any payment to 

5 another local government under this para6 graph; and 

7 [‘‘(ii) shall not prejudice consideration 

8 of a request for payment under this para9 graph that is submitted by another local 

10 government. 

11 [‘‘(D) DEADLINE FOR ACTION BY SEC12 RETARY.—The Secretary shall approve or dis13 approve each request for payment under this 

14 paragraph by not later than 15 days after the 

15 date the request is received by the Department. 

16 [‘‘(g) REPORTS TO CONGRESS.—The Secretary shall 

17 submit an annual report to the Congress by December 31 

18 of each year— 

19 [‘‘(1) describing in detail the amount of Federal 

20 funds provided as covered grants that were directed to 

21 each State and region in the preceding fiscal year; 

22 [‘‘(2) containing information on the use of such 

23 grant funds by grantees; and 

24 [‘‘(3) describing, on a nationwide and State-by25 State basis— 
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1 [‘‘(A) the extent to which essential capabili2 ties identified in applicable State homeland secu3 rity plan or plans were created or enhanced as 

4 the result of the expenditure of covered grant 

5 funds during the preceding fiscal year; 

6 [‘‘(B) the extent to which essential capabili7 ties identified in applicable State homeland secu8 rity plan or plans remain unmet; and 

9 [‘‘(C) an estimate of the amount of Federal, 

10 State, and local expenditures required to attain 

11 across the United States the essential capabilities 

12 established under section 1802(a). 

13 [‘‘SEC. 1806. NATIONAL STANDARDS FOR FIRST RESPONDER 

14 EQUIPMENT AND TRAINING. 

15 [‘‘(a) EQUIPMENT STANDARDS.— 

16 [‘‘(1) IN GENERAL.—The Secretary, in consulta17 tion with the Under Secretary for Science and Tech18 nology and the Director of the Office for Domestic 

19 Preparedness, shall, not later than 6 months after the 

20 date of enactment of this section, support the develop21 ment of, promulgate, and update as necessary na22 tional voluntary consensus standards for the perform23 ance, use, and validation of first responder equipment 

24 for purposes of section 1804(e)(7). Such standards— 
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1 [‘‘(A) shall be, to the maximum extent prac2 ticable, consistent with any existing voluntary 

3 consensus standards; 

4 [‘‘(B) shall take into account, as appro5 priate, new types of terrorism threats that may 

6 not have been contemplated when such existing 

7 standards were developed; and 

8 [‘‘(C) shall be focused on maximizing inter9 operability, interchangeability, durability, flexi10 bility, efficiency, efficacy, portability, sustain11 ability, and safety. 

12 [‘‘(2) REQUIRED CATEGORIES.—In carrying out 

13 paragraph (1), the Secretary shall specifically con14 sider the following categories of first responder equip15 ment: 

16 [‘‘(A) Thermal imaging equipment. 

17 [‘‘(B) Radiation detection and analysis 

18 equipment. 

19 [‘‘(C) Biological detection and analysis 

20 equipment. 

21 [‘‘(D) Chemical detection and analysis 

22 equipment. 

23 [‘‘(E) Decontamination and sterilization 

24 equipment. 
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1 [‘‘(F) Personal protective equipment, in2 cluding garments, boots, gloves, and hoods and 

3 other protective clothing. 

4 [‘‘(G) Respiratory protection equipment. 

5 [‘‘(H) Interoperable communications, in6 cluding wireless and wireline voice, video, and 

7 data networks. 

8 [‘‘(I) Explosive mitigation devices and ex9 plosive detection and analysis equipment. 

10 [‘‘(J) Containment vessels. 

11 [‘‘(K) Contaminant-resistant vehicles. 

12 [‘‘(L) Such other equipment for which the 

13 Secretary determines that national voluntary 

14 consensus standards would be appropriate. 

15 [‘‘(b) TRAINING STANDARDS.— 

16 [‘‘(1) IN GENERAL.—The Secretary, in consulta17 tion with the Under Secretaries for Emergency Pre18 paredness and Response and Science and Technology 

19 and the Director of the Office for Domestic Prepared20 ness, shall support the development of, promulgate, 

21 and regularly update as necessary national voluntary 

22 consensus standards for first responder training car23 ried out with amounts provided under covered grant 

24 programs, that will enable State and local govern25 ment first responders to achieve optimal levels of ter-
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1 rorism preparedness as quickly as practicable. Such 

2 standards shall give priority to providing training 

3 to— 

4 [‘‘(A) enable first responders to prevent, 

5 prepare for, respond to, and mitigate terrorist 

6 threats, including threats from chemical, biologi7 cal, nuclear, and radiological weapons and ex8 plosive devices capable of inflicting significant 

9 human casualties; and 

10 [‘‘(B) familiarize first responders with the 

11 proper use of equipment, including software, de12 veloped pursuant to the standards established 

13 under subsection (a). 

14 [‘‘(2) REQUIRED CATEGORIES.—In carrying out 

15 paragraph (1), the Secretary specifically shall include 

16 the following categories of first responder activities: 

17 [‘‘(A) Regional planning. 

18 [‘‘(B) Joint exercises. 

19 [‘‘(C) Intelligence collection, analysis, and 

20 sharing. 

21 [‘‘(D) Emergency notification of affected 

22 populations. 

23 [‘‘(E) Detection of biological, nuclear, radi24 ological, and chemical weapons of mass destruc25 tion. 
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1 [‘‘(F) Such other activities for which the 

2 Secretary determines that national voluntary 

3 consensus training standards would be appro4 priate. 

5 [‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA6 TIONS.—In establishing national voluntary consensus 

7 standards for first responder equipment and training under 

8 this section, the Secretary shall consult with relevant public 

9 and private sector groups, including— 

10 [‘‘(1) the National Institute of Standards and 

11 Technology; 

12 [‘‘(2) the National Fire Protection Association; 

13 [‘‘(3) the National Association of County and 

14 City Health Officials; 

15 [‘‘(4) the Association of State and Territorial 

16 Health Officials; 

17 [‘‘(5) the American National Standards Insti18 tute; 

19 [‘‘(6) the National Institute of Justice; 

20 [‘‘(7) the Inter-Agency Board for Equipment 

21 Standardization and Interoperability; 

22 [‘‘(8) the National Public Health Performance 

23 Standards Program; 

24 [‘‘(9) the National Institute for Occupational 

25 Safety and Health; 
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1 [‘‘(10) ASTM International; 

2 [‘‘(11) the International Safety Equipment Asso3 ciation (ISEA); and 

4 [‘‘(12) to the extent the Secretary considers ap5 propriate, other national voluntary consensus stand6 ards development organizations, other interested Fed7 eral, State, and local agencies, and other interested 

8 persons. 

9 [‘‘SEC. 1807. DEFINITIONS. 

10 [‘‘In this title: 

11 [‘‘(1) BOARD.—The term ‘Board’ means the 

12 First Responder Grants Board established under sec13 tion 1804(f). 

14 [‘‘(2) COVERED GRANT.—The term ‘covered 

15 grant’ means any grant to which this title applies 

16 under section 1801. 

17 [‘‘(3) ELEVATIONS IN THE THREAT ALERT

18 LEVEL.—The term ‘elevations in the threat alert level’ 

19 means any designation (including those that are less 

20 than national in scope) that raises the homeland secu21 rity threat level to either the highest or second highest 

22 threat level under the Homeland Security Advisory 

23 System referred to in section 201(d)(7). 

24 [‘‘(4) ESSENTIAL CAPABILITIES.—The term ‘es25 sential capabilities’ means the levels, availability, and 
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1 competence of emergency personnel, planning, train2 ing, and equipment across a variety of disciplines 

3 needed to effectively and efficiently prevent, prepare 

4 for, and respond to acts of terrorism consistent with 

5 established practices. 

6 [‘‘(5) REGION.—The term ‘region’ means— 

7 [‘‘(A) any geographic area consisting of all 

8 or parts of 2 or more contiguous States, counties, 

9 municipalities, or other local governments that 

10 have a combined population of at least 1,650,000 

11 or have an area of not less than 20,000 square 

12 miles, and that, for purposes of an application 

13 for a covered grant, is represented by 1 or more 

14 governments or governmental agencies within 

15 such geographic area, and that is established by 

16 law or by agreement of 2 or more such govern17 ments or governmental agencies in a mutual aid 

18 agreement; or 

19 [‘‘(B) any other combination of contiguous 

20 local government units (including such a com21 bination established by law or agreement of two 

22 or more governments or governmental agencies 

23 in a mutual aid agreement) that is formally cer24 tified by the Secretary as a region for purposes 

25 of this Act with the consent of— 
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1 [‘‘(i) the State or States in which they 

2 are located, including a multi-State entity 

3 established by a compact between two or 

4 more States; and 

5 [‘‘(ii) the incorporated municipalities, 

6 counties, and parishes which they encom7 pass. 

8 [‘‘(6) TASK FORCE.—The term ‘Task Force’ 

9 means the Task Force on Essential Capabilities for 

10 First Responders established under section 1803. 

11 [‘‘(7) FIRST RESPONDER.—The term ‘first re12 sponder’ shall have the same meaning as the term 

13 ‘emergency response provider’. 

14 [‘‘(8) DIRECTLY ELIGIBLE TRIBE.—The term ‘di15 rectly eligible tribe’ means any Indian tribe or con16 sortium of Indian tribes that— 

17 [‘‘(A) meets the criteria to participate in 

18 Self-Governance set forth in section 402(c) of the 

19 Indian Self-Determination and Education As20 sistance Act (25 U.S.C. 458bb(c)); 

21 [‘‘(B) employs at least 10 full-time per22 sonnel in a law enforcement or emergency re23 sponse agency with the capacity to respond to 

24 calls for law enforcement or emergency services; 

25 and 
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1 [‘‘(C)(i) is located on, or within 5 miles of, 

2 an international border or waterway; 

3 [‘‘(ii) is located within 5 miles of a facility 

4 within a critical infrastructure sector identified 

5 in section 1802(c)(2); 

6 [‘‘(iii) is located within or contiguous to 

7 one of the 50 largest metropolitan statistical 

8 areas; or 

9 [‘‘(iv) has more than 1,000 square miles of 

10 Indian country, as described in section 1151 of 

11 title 18, United States Code.’’. 

12 [(b) DEFINITION OF EMERGENCY RESPONSE PRO13 VIDERS.—Section 2(6) of the Homeland Security Act of 

14 2002 (Public Law 107–296; 6 U.S.C. 101(6)) is amended 

15 by inserting ‘‘fire,’’ after ‘‘law enforcement,’’. 

16 [(c) TEMPORARY LIMITATION ON APPLICATION.—The 

17 following provisions of title XVIII of the Homeland Secu18 rity Act of 2002, as amended by subsection (a), shall not 

19 apply during the 2 year period beginning on the date of 

20 the enactment of this Act: 

21 [(1) Subsections (b), (c), (e) (except paragraph 

22 (5) of such subsection), and (f)(3)(B) of section 1804. 

23 [(2) Subparagraphs (D) and (E) of section 

24 1805(e)(4). 

25 [(3) Section 1805(g)(3). 
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1 [SEC. 4. MODIFICATION OF HOMELAND SECURITY ADVI2 SORY SYSTEM. 

3 [(a) IN GENERAL.—Subtitle A of title II of the Home4 land Security Act of 2002 (Public Law 107–296; 6 U.S.C. 

5 121 et seq.) is amended by adding at the end the following: 

6 [‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. 

7 [‘‘(a) IN GENERAL.—The Secretary shall revise the 

8 Homeland Security Advisory System referred to in section 

9 201(d)(7) to require that any designation of a threat level 

10 or other warning shall be accompanied by a designation 

11 of the geographic regions or economic sectors to which the 

12 designation applies. 

13 [‘‘(b) REPORTS.—The Secretary shall report to the 

14 Congress annually by not later than December 31 each year 

15 regarding the geographic region-specific warnings and eco16 nomic sector-specific warnings issued during the preceding 

17 fiscal year under the Homeland Security Advisory System 

18 referred to in section 201(d)(7), and the bases for such 

19 warnings. The report shall be submitted in unclassified 

20 form and may, as necessary, include a classified annex.’’. 

21 [(b) CLERICAL AMENDMENT.—The table of contents in 

22 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

23 101 et seq.) is amended by inserting after the item relating 

24 to section 202 the following: 

[‘‘203. Homeland Security Advisory System.’’. 
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1 [SEC. 5. COORDINATION OF INDUSTRY EFFORTS. 

2 [Section 102(f) of the Homeland Security Act of 2002 

3 (Public Law 107–296; 6 U.S.C. 112(f)) is amended by strik4 ing ‘‘and’’ after the semicolon at the end of paragraph (6), 

5 by striking the period at the end of paragraph (7) and in6 serting ‘‘; and’’, and by adding at the end the following: 

7 [‘‘(8) coordinating industry efforts to identify 

8 private sector resources and capabilities that could be 

9 effective in supplementing Federal, State, and local 

10 government agency efforts to prevent or respond to a 

11 terrorist attack.’’. 

12 [SEC. 6. SUPERSEDED PROVISION. 

13 [This Act supersedes section 1014 of Public Law 107– 

14 56. 

15 [SEC. 7. SENSE OF CONGRESS REGARDING INTEROPERABLE 

16 COMMUNICATIONS. 

17 [(a) FINDING.—The Congress finds that— 

18 [(1) many first responders working in the same 

19 jurisdiction or in different jurisdictions cannot effec20 tively and efficiently communicate with one another, 

21 and 

22 [(2) their inability to do so threatens the public’s 

23 safety and may result in unnecessary loss of lives and 

24 property. 

25 [(b) SENSE OF CONGRESS.—It is the sense of the Con26 gress that it is of national importance that interoperable 
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1 emergency communications systems that to the extent pos2 sible meet national voluntary consensus standards should 

3 be developed and promulgated as soon as practicable for use 

4 by the first responder community. 

5 [SEC. 8. SENSE OF CONGRESS REGARDING CITIZEN CORPS 

6 COUNCILS. 

7 [(a) FINDING.—The Congress finds that Citizen Corps 

8 councils help to enhance local citizen participation in ter9 rorism preparedness by coordinating multiple Citizen 

10 Corps programs, developing community action plans, as11 sessing possible threats, and identifying local resources. 

12 [(b) SENSE OF CONGRESS.—It is the sense of the Con13 gress that individual Citizen Corps councils should seek to 

14 enhance the preparedness and response capabilities of all 

15 organizations participating in the councils, including by 

16 providing funding to as many of their participating orga17 nizations as practicable to promote local terrorism pre18 paredness programs. 

19 [SEC. 9. STUDY REGARDING NATIONWIDE EMERGENCY NO20 TIFICATION SYSTEM. 

21 [(a) STUDY.—The Secretary of Homeland Security, in 

22 consultation with the heads of other appropriate Federal 

23 agencies and representatives of providers and participants 

24 in the telecommunications industry, shall conduct a study 

25 to determine whether it is cost-effective, efficient, or feasible 
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1 to establish and implement an emergency telephonic alert 

2 notification system that will— 

3 [(1) alert persons in the United States of immi4 nent or current hazardous events caused by acts of 

5 terrorism; and 

6 [(2) provide information to individuals regard7 ing appropriate measures that may be undertaken to 

8 alleviate or minimize threats to their safety and wel9 fare posed by such events. 

10 [(b) TECHNOLOGIES TO CONSIDER.—In conducting the 

11 study, the Secretary shall consider the use of the telephone, 

12 wireless communications, and other existing communica13 tions networks to provide such notification. 

14 [(c) REPORT.—Not later than 9 months after the date 

15 of the enactment of this Act, the Secretary shall submit to 

16 the Congress a report regarding the conclusions of the study. 

17 [SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

18 [For making covered grants (as that term is defined 

19 in section 1807 of the Homeland Security Act of 2002, as 

20 amended by this Act) there is authorized to be appropriated 

21 to the Secretary of Homeland Security $3,400,000,000 for 

22 fiscal year 2006. 
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1 [SEC. 11. AUTHORITY TO ENTER INTO CONTRACTS AND 

2 ISSUE FEDERAL LOAN GUARANTEES. 

3 [(a) FINDING.—Congress finds that there is a public 

4 interest in protecting high-risk nonprofit organizations 

5 from international terrorist attacks that would disrupt the 

6 vital services such organizations provide to the people of 

7 the United States and threaten the lives and well-being of 

8 United States citizens who operate, utilize, and live or work 

9 in proximity to such organizations. 

10 [(b) PURPOSES.—The purposes of this section are to— 

11 [(1) establish within the Department of Home12 land Security a program to protect United States 

13 citizens at or near high-risk nonprofit organizations 

14 from international terrorist attacks through loan 

15 guarantees and Federal contracts for security en16 hancements and technical assistance; 

17 [(2) establish a program within the Department 

18 of Homeland Security to provide grants to local gov19 ernments to assist with incremental costs associated 

20 with law enforcement in areas in which there are a 

21 high concentration of high-risk nonprofit organiza22 tions vulnerable to international terrorist attacks; and 

23 [(3) establish an Office of Community Relations 

24 and Civic Affairs within the Department of Home25 land Security to focus on security needs of high-risk 
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1 nonprofit organizations with respect to international 

2 terrorist threats. 

3 [(c) AUTHORITY.—The Homeland Security Act of 2002 

4 (6 U.S.C. 101 et seq.), as amended by this Act, is further 

5 amended by adding at the end the following: 

6 [‘‘TITLE XIX—PROTECTION OF 

7 CITIZENS AT HIGH-RISK NON8 PROFIT ORGANIZATIONS 

9 [‘‘SEC. 1901. DEFINITIONS. 

10 [‘‘ In this title: 

11 [‘‘(1) CONTRACT.—The term ‘contract’ means a 

12 contract between the Federal Government and a con13 tractor selected from the list of certified contractors to 

14 perform security enhancements or provide technical 

15 assistance approved by the Secretary under this title. 

16 [‘‘(2) FAVORABLE REPAYMENT TERMS.—The 

17 term ‘favorable repayment terms’ means the repay18 ment terms of loans offered to nonprofit organizations 

19 under this title that— 

20 [‘‘(A) are determined by the Secretary, in 

21 consultation with the Secretary of the Treasury, 

22 to be favorable under current market conditions; 

23 [‘‘(B) have interest rates at least 1 full per24 centage point below the market rate; and 
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1 [‘‘(C) provide for repayment over a term 

2 not less than 25 years. 

3 [‘‘(3) NONPROFIT ORGANIZATION.—The term 

4 ‘nonprofit organization’ means an organization 

5 that— 

6 [‘‘(A) is described under section 501(c)(3) of 

7 the Internal Revenue Code of 1986 and exempt 

8 from taxation under section 501(a) of such Code; 

9 and 

10 [‘‘(B) is designated by the Secretary under 

11 section 1903(a). 

12 [‘‘(4) SECURITY ENHANCEMENTS.—The term ‘se13 curity enhancements’— 

14 [‘‘(A) means the purchase and installation 

15 of security equipment in real property (includ16 ing buildings and improvements), owned or 

17 leased by a nonprofit organization, specifically 

18 in response to the risk of attack at a nonprofit 

19 organization by an international terrorist orga20 nization; 

21 [‘‘(B) includes software security measures; 

22 and 

23 [‘‘(C) does not include enhancements that 

24 would otherwise have been reasonably necessary 

25 due to nonterrorist threats. 
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1 [‘‘(5) TECHNICAL ASSISTANCE.—The term ‘tech2 nical assistance’— 

3 [‘‘(A) means guidance, assessment, rec4 ommendations, and any other provision of infor5 mation or expertise which assists nonprofit orga6 nizations in— 

7 [‘‘(i) identifying security needs; 

8 [‘‘(ii) purchasing and installing secu9 rity enhancements; 

10 [‘‘(iii) training employees to use and 

11 maintain security enhancements; or 

12 [‘‘(iv) training employees to recognize 

13 and respond to international terrorist 

14 threats; and 

15 [‘‘(B) does not include technical assistance 

16 that would otherwise have been reasonably nec17 essary due to nonterrorist threats. 

18 [‘‘SEC. 1902. AUTHORITY TO ENTER INTO CONTRACTS AND 

19 ISSUE FEDERAL LOAN GUARANTEES. 

20 [‘‘(a) IN GENERAL.—The Secretary may— 

21 [‘‘(1) enter into contracts with certified contrac22 tors for security enhancements and technical assist23 ance for nonprofit organizations; and 

24 [‘‘(2) issue Federal loan guarantees to financial 

25 institutions in connection with loans made by such 
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1 institutions to nonprofit organizations for security 

2 enhancements and technical assistance. 

3 [‘‘(b) LOANS.—The Secretary may guarantee loans 

4 under this title— 

5 [‘‘(1) only to the extent provided for in advance 

6 by appropriations Acts; and 

7 [‘‘(2) only to the extent such loans have favorable 

8 repayment terms. 

9 [‘‘SEC. 1903. ELIGIBILITY CRITERIA. 

10 [‘‘(a) IN GENERAL.—The Secretary shall designate 

11 nonprofit organizations as high-risk nonprofit organiza12 tions eligible for contracts or loans under this title based 

13 on the vulnerability of the specific site of the nonprofit orga14 nization to international terrorist attacks. 

15 [‘‘(b) VULNERABILITY DETERMINATION.—In deter16 mining vulnerability to international terrorist attacks and 

17 eligibility for security enhancements or technical assistance 

18 under this title, the Secretary shall consider— 

19 [‘‘(1) threats of international terrorist organiza20 tions (as designated by the State Department) against 

21 any group of United States citizens who operate or 

22 are the principal beneficiaries or users of the non23 profit organization; 

24 [‘‘(2) prior attacks, within or outside the United 

25 States, by international terrorist organizations 
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1 against the nonprofit organization or entities associ2 ated with or similarly situated as the nonprofit orga3 nization; 

4 [‘‘(3) the symbolic value of the site as a highly 

5 recognized United States cultural or historical insti6 tution that renders the site a possible target of inter7 national terrorism; 

8 [‘‘(4) the role of the nonprofit organization in re9 sponding to international terrorist attacks; and 

10 [‘‘(5) any recommendations of the applicable 

11 State Homeland Security Authority established under 

12 section 1906 or Federal, State, and local law enforce13 ment authorities. 

14 [‘‘(c) DOCUMENTATION.—In order to be eligible for se15 curity enhancements, technical assistance or loan guaran16 tees under this title, the nonprofit organization shall pro17 vide the Secretary with documentation that— 

18 [‘‘(1) the nonprofit organization hosted a gath19 ering of at least 100 or more persons at least once 

20 each month at the nonprofit organization site during 

21 the preceding 12 months; or 

22 [‘‘(2) the nonprofit organization provides services 

23 to at least 500 persons each year at the nonprofit or24 ganization site. 
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1 [‘‘(d) TECHNICAL ASSISTANCE ORGANIZATIONS.—If 2 

2 or more nonprofit organizations establish another nonprofit 

3 organization to provide technical assistance, that estab4 lished organization shall be eligible to receive security en5 hancements and technical assistance under this title based 

6 upon the collective risk of the nonprofit organizations it 

7 serves. 

8 [‘‘SEC. 1904. USE OF LOAN GUARANTEES. 

9 [‘‘Funds borrowed from lending institutions, which are 

10 guaranteed by the Federal Government under this title, may 

11 be used for technical assistance and security enhancements. 

12 [‘‘SEC. 1905. NONPROFIT ORGANIZATION APPLICATIONS. 

13 [‘‘(a) IN GENERAL.—A nonprofit organization desir14 ing assistance under this title shall submit a separate appli15 cation for each specific site needing security enhancements 

16 or technical assistance. 

17 [‘‘(b) CONTENT.—Each application shall include— 

18 [‘‘(1) a detailed request for security enhance19 ments and technical assistance, from a list of ap20 proved enhancements and assistance issued by the 

21 Secretary under this title; 

22 [‘‘(2) a description of the intended uses of funds 

23 to be borrowed under Federal loan guarantees; and 

24 [‘‘(3) such other information as the Secretary 

25 shall require. 
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1 [‘‘(c) JOINT APPLICATION.—Two or more nonprofit or2 ganizations located on contiguous sites may submit a joint 

3 application. 

4 [‘‘SEC. 1906. REVIEW BY STATE HOMELAND SECURITY AU5 THORITIES. 

6 [‘‘(a) ESTABLISHMENT OF STATE HOMELAND SECU7 RITY AUTHORITIES.—In accordance with regulations pre8 scribed by the Secretary, each State may establish a State 

9 Homeland Security Authority to carry out this title. 

10 [‘‘(b) APPLICATIONS.— 

11 [‘‘(1) SUBMISSION.—Applications shall be sub12 mitted to the applicable State Homeland Security 

13 Authority. 

14 [‘‘(2) EVALUATION.—After consultation with 

15 Federal, State, and local law enforcement authorities, 

16 the State Homeland Security Authority shall evaluate 

17 all applications using the criteria under section 1903 

18 and transmit all qualifying applications to the Sec19 retary ranked by severity of risk of international ter20 rorist attack. 

21 [‘‘(3) APPEAL.—An applicant may appeal the 

22 finding that an application is not a qualifying appli23 cation to the Secretary under procedures that the Sec24 retary shall issue by regulation not later than 90 

25 days after the date of enactment of this title. 
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1 [‘‘SEC. 1907. SECURITY ENHANCEMENT AND TECHNICAL AS2 SISTANCE CONTRACTS AND LOAN GUARAN3 TEES. 

4 [‘‘(a) IN GENERAL.—Upon receipt of the applications, 

5 the Secretary shall select applications for execution of secu6 rity enhancement and technical assistance contracts, or 

7 issuance of loan guarantees, giving preference to the non8 profit organizations determined to be at greatest risk of 

9 international terrorist attack based on criteria under sec10 tion 1903. 

11 [‘‘(b) SECURITY ENHANCEMENTS AND TECHNICAL AS12 SISTANCE; FOLLOWED BY LOAN GUARANTEES.—The Sec13 retary shall execute security enhancement and technical as14 sistance contracts for the highest priority applicants until 

15 available funds are expended, after which loan guarantees 

16 shall be made available for additional applicants deter17 mined to be at high risk, up to the authorized amount of 

18 loan guarantees. The Secretary may provide with respect 

19 to a single application a combination of such contracts and 

20 loan guarantees. 

21 [‘‘(c) JOINT APPLICATIONS.—Special preference shall 

22 be given to joint applications submitted on behalf of mul23 tiple nonprofit organizations located in contiguous settings. 

24 [‘‘(d) MAXIMIZING AVAILABLE FUNDS.—Subject to 

25 subsection (b), the Secretary shall execute security enhance26 ment and technical assistance contracts in such amounts 
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1 as to maximize the number of high-risk applicants nation2 wide receiving assistance under this title. 

3 [‘‘(e) APPLICANT NOTIFICATION.—Upon selecting a 

4 nonprofit organization for assistance under this title, the 

5 Secretary shall notify the nonprofit organization that the 

6 Federal Government is prepared to enter into a contract 

7 with certified contractors to install specified security en8 hancements or provide specified technical assistance at the 

9 site of the nonprofit organization. 

10 [‘‘(f) CERTIFIED CONTRACTORS.— 

11 [‘‘(1) IN GENERAL.—Upon receiving a notifica12 tion under subsection (e), the nonprofit organization 

13 shall select a certified contractor to perform the speci14 fied security enhancements, from a list of certified 

15 contractors issued and maintained by the Secretary 

16 under subsection (j). 

17 [‘‘(2) LIST.—The list referred to in paragraph 

18 (1) shall be comprised of contractors selected on the 

19 basis of— 

20 [‘‘(A) technical expertise; 

21 [‘‘(B) performance record including quality 

22 and timeliness of work performed; 

23 [‘‘(C) adequacy of employee criminal back24 ground checks; and 

25 [‘‘(D) price competitiveness. 
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1 [‘‘(3) OTHER CERTIFIED CONTRACTORS.—The 

2 Secretary shall include on the list of certified contrac3 tors additional contractors selected by senior officials 

4 at State Homeland Security Authorities and the chief 

5 executives of county and other local jurisdictions. 

6 Such additional certified contractors shall be selected 

7 on the basis of the criteria under paragraph (2). 

8 [‘‘(g) ENSURING THE AVAILABILITY OF CONTRAC9 TORS.—If the list of certified contractors under this section 

10 does not include any contractors who can begin work on 

11 the security enhancements or technical assistance within 60 

12 days after applicant notification, the nonprofit organiza13 tion may submit a contractor not currently on the list to 

14 the Secretary for the Secretary’s review. If the Secretary 

15 does not include the submitted contractor on the list of cer16 tified contractors within 60 days after the submission and 

17 does not place an alternative contractor on the list within 

18 the same time period (who would be available to begin the 

19 specified work within that 60-day period), the Secretary 

20 shall immediately place the submitted contractor on the list 

21 of certified contractors and such contractor shall remain on 

22 such list until— 

23 [‘‘(1) the specified work is completed; or 

24 [‘‘(2) the Secretary can show cause why such 

25 contractor may not retain certification, with such de-
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1 terminations subject to review by the Comptroller 

2 General of the United States. 

3 [‘‘(h) CONTRACTS.—Upon selecting a certified con4 tractor to provide security enhancements and technical as5 sistance approved by the Secretary under this title, the non6 profit organization shall notify the Secretary of such selec7 tion. The Secretary shall deliver a contract to such con8 tractor within 10 business days after such notification. 

9 [‘‘(i) CONTRACTS FOR ADDITIONAL WORK OR UP10 GRADES.—A nonprofit organization, using its own funds, 

11 may enter into an additional contract with the certified 

12 contractor, for additional or upgraded security enhance13 ments or technical assistance. Such additional contracts 

14 shall be separate contracts between the nonprofit organiza15 tion and the contractor. 

16 [‘‘(j) EXPEDITING ASSISTANCE.—In order to expedite 

17 assistance to nonprofit organizations, the Secretary shall— 

18 [‘‘(1) compile a list of approved technical assist19 ance and security enhancement activities within 45 

20 days after the date of enactment of this title; 

21 [‘‘(2) publish in the Federal Register within 60 

22 days after such date of enactment a request for con23 tractors to submit applications to be placed on the list 

24 of certified contractors under this section; 
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1 [‘‘(3) after consultation with the Secretary of the 

2 Treasury, publish in the Federal Register within 60 

3 days after such date of enactment, prescribe regula4 tions setting forth the conditions under which loan 

5 guarantees shall be issued under this title, including 

6 application procedures, expeditious review of applica7 tions, underwriting criteria, assignment of loan guar8 antees, modifications, commercial validity, defaults, 

9 and fees; and 

10 [‘‘(4) publish in the Federal Register within 120 

11 days after such date of enactment (and every 30 days 

12 thereafter) a list of certified contractors, including 

13 those selected by State Homeland Security Authori14 ties, county, and local officials, with coverage of all 

15 50 States, the District of Columbia, and the terri16 tories. 

17 [‘‘SEC. 1908. LOCAL LAW ENFORCEMENT ASSISTANCE 

18 GRANTS. 

19 [‘‘(a) IN GENERAL.—The Secretary may provide 

20 grants to units of local government to offset incremental 

21 costs associated with law enforcement in areas where there 

22 is a high concentration of nonprofit organizations. 

23 [‘‘(b) USE.—Grant funds received under this section 

24 may be used only for personnel costs or for equipment needs 

25 specifically related to such incremental costs. 
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1 [‘‘(c) MAXIMIZATION OF IMPACT.—The Secretary shall 

2 award grants in such amounts as to maximize the impact 

3 of available funds in protecting nonprofit organizations na4 tionwide from international terrorist attacks. 

5 [‘‘SEC. 1909. OFFICE OF COMMUNITY RELATIONS AND CIVIC 

6 AFFAIRS. 

7 [‘‘(a) IN GENERAL.—There is established within the 

8 Department, the Office of Community Relations and Civic 

9 Affairs to administer grant programs for nonprofit organi10 zations and local law enforcement assistance. 

11 [‘‘(b) ADDITIONAL RESPONSIBILITIES.—The Office of 

12 Community Relations and Civic Affairs shall— 

13 [‘‘(1) coordinate community relations efforts of 

14 the Department; 

15 [‘‘(2) serve as the official liaison of the Secretary 

16 to the nonprofit, human and social services, and 

17 faith-based communities; and 

18 [‘‘(3) assist in coordinating the needs of those 

19 communities with the Citizen Corps program. 

20 [‘‘SEC. 1910. AUTHORIZATION OF APPROPRIATIONS AND 

21 LOAN GUARANTEES. 

22 [‘‘(a) NONPROFIT ORGANIZATIONS PROGRAM.—There 

23 are authorized to be appropriated to the Department to 

24 carry out the nonprofit organization program under this 
220 

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1 title, $100,000,000 for fiscal year 2005 and such sums as 

2 may be necessary for fiscal years 2006 and 2007. 

3 [‘‘(b) LOCAL LAW ENFORCEMENT ASSISTANCE

4 GRANTS.—There are authorized to be appropriated to the 

5 Department for local law enforcement assistance grants 

6 under section 1908, $50,000,000 for fiscal year 2005 and 

7 such sums as may be necessary for fiscal years 2006 and 

8 2007. 

9 [‘‘(c) OFFICE OF COMMUNITY RELATIONS AND CIVIC

10 AFFAIRS.—There are authorized to be appropriated to the 

11 Department for the Office of Community Relations and 

12 Civic Affairs under section 1909, $5,000,000 for fiscal year 

13 2005 and such sums as may be necessary for fiscal years 

14 2006 and 2007. 

15 [‘‘(d) LOAN GUARANTEES.— 

16 [‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

17 There are authorized to be appropriated in each of 

18 fiscal years 2005, 2006, and 2007, such amounts as 

19 may be required under the Federal Credit Act with 

20 respect to Federal loan guarantees authorized by this 

21 title, which shall remain available until expended. 

22 [‘‘(2) LIMITATION.—The aggregate value of all 

23 loans for which loan guarantees are issued under this 

24 title by the Secretary may not exceed $250,000,000 in 

25 each of fiscal years 2005, 2006, and 2007.’’. 
221 

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1 [(d) CLERICAL AMENDMENT.—The table of contents 

2 under section 1(b) of the Homeland Security Act of 2002 

3 (6 U.S.C. 101(b)) is amended by adding at the end the fol4 lowing: 

[‘‘TITLE XIX—PROTECTION OF CITIZENS AT HIGH-RISK NONPROFIT 

ORGANIZATIONS 

[‘‘Sec. 1901. Definitions. 

[‘‘Sec. 1902. Authority to enter into contracts and issue Federal loan guarantees. 

[‘‘Sec. 1903. Eligibility criteria. 

[‘‘Sec. 1904. Use of loan guarantees. 

[‘‘Sec. 1905. Nonprofit organization applications. 

[‘‘Sec. 1906. Review by State Homeland Security Authorities. 

[‘‘Sec. 1907. Security enhancement and technical assistance contracts and loan 

guarantees. 

[‘‘Sec. 1908. Local law enforcement assistance grants. 

[‘‘Sec. 1909. Office of Community Relations and Civic Affairs. 

[‘‘Sec. 1910. Authorization of appropriations and loan guarantees.’’.] 

Amend the title so as to read: ‘‘A bill to amend the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act to prepare the United States to prevent, 

mitigate, respond to, and recover from major disasters 

and emergencies, including those caused by terrorist attacks, and for other purposes.’’. 
Union Calendar No. 325 

108TH CONGRESS 

2D SESSION H. R. 3266 

[Report No. 108–460, Parts I, II, III, and IV] 

A BILL 

To authorize the Secretary of Homeland Security to 

purposes. make grants to first responders, and for other 

JUNE 21, 2004 

Reported from the Committee on Transportation and 

Infrastructure with amendmenmts 

JUNE 21, 2004 

Reported from the Committee on the Judiciary with an 

printed House on the State of the Union and ordered to be amendment; committed to the Committee of the Whole