I 

108TH CONGRESS 

1ST SESSION H. R. 3158

To amend the Homeland Security Act of 2002 to establish a task force 

to determine essential capabilities for State and local jurisdictions to 

prevent, prepare for, and respond to acts of terrorism, to authorize 

the Secretary of Homeland Security to make grants to State and local 

governments to achieve such capability, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 24, 2003

Mr. TURNER of Texas (for himself, Mr. THOMPSON of Mississippi, Ms. LORETTA SANCHEZ of California, Mr. MARKEY, Mr. DICKS, Mr. FRANK of 

Massachusetts, Ms. HARMAN, Mr. CARDIN, Ms. SLAUGHTER, Mr. 

DEFAZIO, Mrs. LOWEY, Mr. ANDREWS, Ms. NORTON, Ms. LOFGREN, Ms. 

MCCARTHY of Missouri, Ms. JACKSON-LEE of Texas, Mr. PASCRELL, 

Mrs. CHRISTENSEN, Mr. ETHERIDGE, Mr. GONZALEZ, Mr. LUCAS of 

Kentucky, Mr. LANGEVIN, Mr. MEEK of Florida, Ms. PELOSI, Mr. 

HOYER, Mr. MENENDEZ, Ms. BERKLEY, Mr. PALLONE, Mr. ISRAEL, Mr. 

LANTOS, Mr. ACEVEDO-VILA ́, Mrs. MCCARTHY of New York, Mr. CASE, 

Ms. KILPATRICK, Mr. MCGOVERN, Mr. GREEN of Texas, Ms. DELAURO, 

Mr. MOORE, Ms. SOLIS, Mr. FROST, Mr. ROSS, Mr. MCINTYRE, Mr. 

STENHOLM, Mrs. TAUSCHER, Mr. MICHAUD, Mr. HOLDEN, Ms. MCCOLLUM, Mr. PAYNE, Mr. WYNN, Mr. UDALL of New Mexico, Mrs. JONES

of Ohio, Mr. HONDA, Mr. SANDLIN, Mr. JOHN, Mr. SNYDER, Ms. 

MILLENDER-MCDONALD, Mr. GRIJALVA, Mr. BERRY, Mr. 

RUPPERSBERGER, Mr. EDWARDS, Mr. UDALL of Colorado, Mr. FARR, 

Ms. BORDALLO, Mr. HOEFFEL, Mr. BERMAN, Mr. HINOJOSA, Mr. BELL, 

Mr. REYES, Mr. ORTIZ, Ms. KAPTUR, Mr. DAVIS of Florida, Ms. LEE, 

Mr. BOYD, Mr. GEORGE MILLER of California, Mr. KENNEDY of Rhode 

Island, Ms. CORRINE BROWN of Florida, Mr. MCNULTY, Mr. DELAHUNT, 

Ms. CARSON of Indiana, Mr. ROTHMAN, Mr. ENGEL, Ms. LINDA T. 

SA ́NCHEZ of California, Mrs. MALONEY, Mr. KILDEE, Ms. MAJETTE, Mr. 

LARSEN of Washington, Mr. HINCHEY, Mr. TOWNS, Ms. HOOLEY of Oregon, Ms. SCHAKOWSKY, Mr. FILNER, Mr. SPRATT, Mr. BISHOP of New 

York, Mr. WAXMAN, Mr. VAN HOLLEN, Mr. TIERNEY, Mr. MEEHAN, Mr. 

NADLER, Mr. BLUMENAUER, Mr. BACA, Mr. SCHIFF, Mr. LAMPSON, Mr. 

SHERMAN, Mrs. CAPPS, Mr. CROWLEY, Mr. CUMMINGS, Mr. DAVIS of Illinois, Mr. DAVIS of Tennessee, Ms. DEGETTE, Mr. EMANUEL, Mr. 

HASTINGS of Florida, Mr. HILL, Mr. JEFFERSON, Mr. MEEKS of New 

York, Mr. PRICE of North Carolina, Mr. STRICKLAND, Mr. THOMPSON
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of California, Mr. WU, Ms. WATERS, Ms. ESHOO, Ms. ROYBAL-ALLARD, 

Mr. LARSON of Connecticut, Mr. BRADY of Pennsylvania, Mrs. DAVIS of 

California, Mr. BALLANCE, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 

HOLT, Mr. SMITH of Washington, Mr. BISHOP of Georgia, Mr. COOPER, 

and Mr. SKELTON) 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 

A BILL

To amend the Homeland Security Act of 2002 to establish 

a task force to determine essential capabilities for State 

and local jurisdictions to prevent, prepare for, and respond to acts of terrorism, to authorize the Secretary 

of Homeland Security to make grants to State and local 

governments to achieve such capability, and for other 

purposes.

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

3 SECTION 1. PREPARE ACT. 

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

5 2002 (Public Law 107–296; 6 U.S.C. 101 et seq.) is 

6 amended by adding at the end the following: 
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1 ‘‘TITLE XVIII—PREPARING 

2 AMERICA TO RESPOND EF3 FECTIVELY ACT OF 2003

4 ‘‘SEC. 1801. SHORT TITLE. 

5 ‘‘This title may be cited as the ‘Preparing America 

6 to Respond Effectively Act of 2003’ or the ‘PREPARE 

7 Act’. 

8 ‘‘SEC. 1802. FINDINGS. 

9 ‘‘The Congress finds the following: 

10 ‘‘(1) America’s leaders have not yet defined na11 tional standards of terrorism preparedness—the es12 sential capabilities to which every jurisdiction in 

13 America should have access. 

14 ‘‘(2) It is therefore not yet possible to deter15 mine precisely the gap between how prepared a 

16 State or local government is now, and how prepared 

17 it needs to be, to respond to acts of terrorism. 

18 ‘‘(3) The absence of a functioning methodology 

19 to determine national requirements for terrorism 

20 preparedness constitutes a public policy crisis. 

21 ‘‘(4) Establishing national standards that de22 fine levels of State and local government terrorism 

23 preparedness is a critical first step toward deter24 mining the nature and extent of State and local gov-
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1 ernment needs, and the human and financial re2 sources needed to fulfill them. 

3 ‘‘(5) National standards would make it possible 

4 to direct funding to meet identified needs and meas5 ure preparedness levels on a national scale. 

6 ‘‘(6) The Federal government should play a 

7 predominant role in assisting communities to reach 

8 the level of preparedness they need to respond to a 

9 catastrophic terrorist attack. 

10 ‘‘SEC. 1803. DEFINITIONS. 

11 ‘‘In this title: 

12 ‘‘(1) ESSENTIAL CAPABILITIES.—The term ‘es13 sential capabilities’ means the levels, availability, 

14 and competence of emergency personnel and equip15 ment across a variety of disciplines needed to effec16 tively and efficiently prevent, prepare for, and re17 spond to acts of terrorism according to predeter18 mined procedures and guidelines. 

19 ‘‘(2) FIRST RESPONDER.—The term ‘first re20 sponder’ means—

21 ‘‘(A) fire, emergency medical service, law 

22 enforcement, public health, emergency manage23 ment, public works, hazardous materials, hos24 pital, and other medical personnel; and 
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1 ‘‘(B) such other personnel as are identified 

2 by the Secretary. 

3 ‘‘(3) SECOND RESPONDERS.—The term ‘second 

4 responders’ means individuals who have training and 

5 equipment that may be useful in responding to a ter6 rorist attack and who are integrated into emergency 

7 response plans in order to supplement the capabili8 ties of first responders. 

9 ‘‘(4) TASK FORCE.—The term ‘Task Force’ 

10 means the Task Force on Standards for Terrorism 

11 Preparedness established by section 1804. 

12 ‘‘(5) PUBLIC WORKS.—The term ‘public works’ 

13 means structures, such as roads, highways, build14 ings, bridges, and docks, constructed and maintained 

15 at government expense for public use. 

16 ‘‘(6) CRITICAL INFRASTRUCTURE.—The term 

17 ‘critical infrastructure’ means those networks, sys18 tems, institutions, facilities, people, and procedures, 

19 the destruction, disruption, or diversion of which 

20 would cause major harm to the national well being. 

21 ‘‘SEC. 1804. TASK FORCE ON STANDARDS FOR TERRORISM 

22 PREPAREDNESS. 

23 ‘‘(a) ESTABLISHMENT.—Within 60 days after the 

24 date of the enactment of this title, the Secretary of Home25 land Security shall establish a task force to be known as 
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1 the Task Force on Standards for Terrorism Preparedness 

2 for the purpose of developing and recommending a meth3 odology for States and local governments to determine es4 sential capability. 

5 ‘‘(b) MEMBERSHIP.—The Task Force shall be com6 posed of 27 members, as follows: 

7 ‘‘(1) APPOINTED MEMBERS, GENERALLY.—The 

8 Task Force shall have 20 members appointed by the 

9 Secretary by not later than 60 days after the date 

10 of the enactment of this Act, as follows: 

11 ‘‘(A) 2 members representing fire services, 

12 1 of whom shall represent the volunteer fire 

13 service. 

14 ‘‘(B) 2 members representing State and 

15 local law enforcement agencies, 1 of whom shall 

16 represent local government law enforcement 

17 agencies.

18 ‘‘(C) 2 members representing emergency 

19 medical services. 

20 ‘‘(D) 2 members representing State and 

21 local public health services, 1 of whom shall 

22 represent local public health services, and at 

23 least one of whom shall have expertise in men24 tal health services. 
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1 ‘‘(E) 2 members representing State and 

2 local emergency management agencies, 1 of 

3 whom shall represent local emergency manage4 ment agencies. 

5 ‘‘(F) 2 members representing State and 

6 local public works agencies, 1 of whom shall 

7 represent local public works agencies. 

8 ‘‘(G) 2 members representing hospitals and 

9 other medical services. 

10 ‘‘(H) 1 member representing hazardous 

11 materials response organizations. 

12 ‘‘(I) 1 member representing the National 

13 Fire Protection Association. 

14 ‘‘(J) 1 member representing the American 

15 National Standards Institute. 

16 ‘‘(K) 1 member representing the National 

17 Institute for Justice, appointed in consultation 

18 with the Attorney General. 

19 ‘‘(L) 1 member representing the Inter20 Agency Board for Equipment Standardization 

21 and Interoperability. 

22 ‘‘(M) 1 member representing the Centers 

23 for Disease Control and Prevention’s National 

24 Public Health Performance Standards Pro25 gram, appointed in consultation with the Sec-
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1 retary of the Department of Health and 

2 Human Services. 

3 ‘‘(2) MEMBERSHIP OF ELECTED OFFICIALS.—

4 The Task Force shall have 4 members appointed by 

5 the Secretary from among individuals who are elect6 ed officials of State and local governments, as fol7 lows: 

8 ‘‘(A) 2 members representing elected State 

9 government officials, each of which is a member 

10 of a different political party. 

11 ‘‘(B) 2 members representing elected local 

12 government officials, each of which is a member 

13 of a different political party.

14 ‘‘(3) CHAIR AND VICE-CHAIR.—At the first 

15 meeting of the Task Force, the membership of the 

16 Task Force appointed under paragraphs (1) and (2) 

17 shall elect a chair and vice-chair of the Task Force. 

18 The Task Force shall ensure that the elected chair 

19 and vice-chair—

20 ‘‘(A) represent two different professions 

21 among the professions that make up the Task 

22 Force; 

23 ‘‘(B) are not both representatives of State 

24 governments; and 
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1 ‘‘(C) are not both representatives of local 

2 governments. 

3 ‘‘(4) EX OFFICIO MEMBERS.—The Task Force 

4 shall have the following ex officio members: 

5 ‘‘(A) The Director of the Office for Domes6 tic Preparedness (or the Director’s designee). 

7 ‘‘(B) The Director of the Office for State 

8 and Local Government Coordination (or the Di9 rector’s designee). 

10 ‘‘(C) The Under Secretary for Emergency 

11 Preparedness and Response (or the Under Sec12 retary’s designee). 

13 ‘‘(c) COMPOSITION OF TASK FORCE.—In appointing 

14 members to the Task Force, the Secretary shall ensure 

15 that its membership—

16 ‘‘(1) is geographically diverse; 

17 ‘‘(2) includes representatives from both rural 

18 and urban jurisdictions; 

19 ‘‘(3) includes representatives from both man20 agement and labor; 

21 ‘‘(4) includes representatives from both uni22 formed and nonuniformed professions; and 

23 ‘‘(5) includes sufficient personnel with security 

24 clearances necessary to review classified materials 
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1 that may be needed to conduct the business of the 

2 Task Force. 

3 ‘‘(d) QUALIFICATIONS OF APPOINTED MEMBERS.—

4 Members appointed under subsection (b)(1) shall be indi5 viduals who—

6 ‘‘(1) have expertise in disaster prevention, pre7 paredness, mitigation, or response; emergency plan8 ning and management; terrorism; or first responder 

9 technologies; or 

10 ‘‘(2) have other pertinent qualifications or expe11 rience. 

12 ‘‘(e) STUDY.—

13 ‘‘(1) IN GENERAL.—The Task Force shall con14 duct a study to—

15 ‘‘(A) identify the essential capabilities to 

16 which every State and local government should 

17 have access; and 

18 ‘‘(B) develop a methodology for States and 

19 local governments to use to determine—

20 ‘‘(i) the extent to which a State or 

21 local government has achieved the essential 

22 capabilities that apply to the government; 

23 ‘‘(ii) the extent to which a State or 

24 local government has not achieved the es-
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1 sential capabilities that apply to the gov2 ernment; and 

3 ‘‘(iii) the funding and other additional 

4 resources required to fully achieve the es5 sential capabilities that apply to the gov6 ernment. 

7 ‘‘(2) SPECIFIC CAPABILITIES.—In carrying out 

8 the study, the Task Force shall identify essential ca9 pabilities for purposes of this subsection with respect 

10 to, among other matters, the following: 

11 ‘‘(A) Equipment. 

12 ‘‘(B) Personnel. 

13 ‘‘(C) Training. 

14 ‘‘(D) Planning. 

15 ‘‘(E) Exercises. 

16 ‘‘(F) Intelligence. 

17 ‘‘(G) Interoperable communications. 

18 ‘‘(H) Emergency notification systems.

19 ‘‘(I) Detection and diagnostic technologies 

20 for biological, nuclear, radiological, and chem21 ical weapons of mass destruction. 

22 ‘‘(J) Any other category considered appro23 priate by the Task Force as essential capabili24 ties. 
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1 ‘‘(3) FLEXIBILITY.—The Task Force shall iden2 tify essential capabilities for purposes of this sub3 section in terms sufficiently flexible to be applied—

4 ‘‘(A) to the unique threats, vulnerabilities, 

5 geography, size, and other individual factors ap6 plicable to any State or local government; and 

7 ‘‘(B) to a wide range of threats and 

8 vulnerabilities, including with respect to—

9 ‘‘(i) biological threats; 

10 ‘‘(ii) nuclear threats; 

11 ‘‘(iii) radiological threats; 

12 ‘‘(iv) incendiary threats; 

13 ‘‘(v) chemical threats; 

14 ‘‘(vi) explosives; 

15 ‘‘(vii) suicide bombers; 

16 ‘‘(viii) disruption or diversion of crit17 ical infrastructure; and 

18 ‘‘(ix) past acts of terrorism or known 

19 activity of terrorist groups. 

20 ‘‘(4) THREAT AND VULNERABILITY ASSESS21 MENT FACTORS.—The methodology developed by the 

22 Task Force shall include factors that ensure that the 

23 essential capabilities determined for a State or local 

24 government will vary based on threat and vulner-
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1 ability assessments that take into account the fol2 lowing factors: 

3 ‘‘(A) The proximity of a community to 

4 critical infrastructure and international borders. 

5 ‘‘(B) The presence of national icons or na6 tional assets that may be terrorist targets. 

7 ‘‘(C) Population (including tourist, mili8 tary, and commuting population) and popu9 lation density. 

10 ‘‘(D) Any other factor considered appro11 priate by the Task Force. 

12 ‘‘(f) REPORT.—

13 ‘‘(1) IN GENERAL.—Not later than 1 year after 

14 the date of the enactment of this title, the Task 

15 Force shall submit a report to the Secretary con16 taining the results of the study under this section. 

17 ‘‘(2) CONTENTS.—The report shall include the 

18 following: 

19 ‘‘(A) A description of the essential capa20 bilities to which every State and local govern21 ment should have access. 

22 ‘‘(B) A proposed methodology for State 

23 and local governments to use to determine—
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1 ‘‘(i) the extent to which a State or 

2 local government has achieved the essential 

3 capabilities that apply to the government; 

4 ‘‘(ii) the extent to which a State or 

5 local government has not achieved the es6 sential capabilities that apply to the gov7 ernment; and 

8 ‘‘(iii) the funding and other additional 

9 resources required to fully achieve the es10 sential capabilities that apply to the gov11 ernment. 

12 ‘‘(3) REVIEW AND REVISION.—

13 ‘‘(A) REVIEW AND COMMENTS.—Within 30 

14 days after the date of the submission of the 

15 proposed methodology by the Task Force, the 

16 Secretary shall review and provide comments to 

17 the Task Force on the methodology. 

18 ‘‘(B) REVISION AND SUBMISSION OF FINAL

19 METHODOLOGY.—Within 30 days after receiv20 ing the Secretary’s comments, the Task Force 

21 shall—

22 ‘‘(i) revise the methodology based on 

23 the comments provided by the Secretary, if 

24 the Task Force determines that such revi25 sions are appropriate; and 
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1 ‘‘(ii) submit the final methodology to 

2 the Secretary. 

3 ‘‘(4) PUBLICATION.—Within 10 days after the 

4 date of submission of the final methodology by the 

5 Task Force, the Secretary shall—

6 ‘‘(A) subject to paragraph (5), publish the 

7 final methodology in the Federal Register; and 

8 ‘‘(B) provide the final methodology to the 

9 Committee on Appropriations and the Select 

10 Committee on Homeland Security of the House 

11 of Representatives, and to the Committee on 

12 Appropriations and the Committee on Govern13 mental Affairs of the Senate. 

14 ‘‘(5) UNCLASSIFIED VERSION OF METHOD15 OLOGY.—If the methodology contains information 

16 that is sensitive or subject to classification, the Sec17 retary shall publish an unclassified version of the 

18 methodology under paragraph (4)(A). 

19 ‘‘(g) TASK FORCE PERSONNEL MATTERS.—

20 ‘‘(1) COMPENSATION OF MEMBERS.—Except as 

21 provided in paragraph (2), each member of the Task 

22 Force shall be compensated at a rate equal to the 

23 daily equivalent of the annual rate of basic pay pre24 scribed for level IV of the Executive Schedule under 

25 section 5315 of title 5, United States Code, for each 
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1 day (including travel time) during which such mem2 ber is engaged in the performance of the duties of 

3 the Task Force. 

4 ‘‘(2) LIMITATION.—Members of the Task Force 

5 who are officers or employees of the United States 

6 shall receive no additional pay by reason of their 

7 service as a member of the Task Force. 

8 ‘‘(3) TRAVEL EXPENSES.—The members of the 

9 Task Force shall be allowed travel expenses, includ10 ing per diem in lieu of subsistence, at rates author11 ized for employees of agencies under subchapter 1 of 

12 chapter 57 of title 5, United States Code, while 

13 away from their homes or regular places of business 

14 in the performance of services for the Task Force. 

15 ‘‘(h) STAFF AND RESOURCES.—

16 ‘‘(1) IN GENERAL.—The Secretary shall provide 

17 to the Task Force, on a nonreimbursable basis, such 

18 administrative services, funds, staff, facilities, and 

19 other support services as the Task Force determines

20 necessary for it to perform its duty efficiently and 

21 in accordance with this section. 

22 ‘‘(2) ACCESS TO INFORMATION.—

23 ‘‘(A) IN GENERAL.—The Task Force shall 

24 have access to all intelligence information re25 garding threats and vulnerabilities and all exist-
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1 ing assessments of State and local essential ca2 pability deemed by the Task Force necessary to 

3 carry out the duties of the Task Force. 

4 ‘‘(B) LIMITATION.—Nothing in this sub5 section shall be considered to allow a member of 

6 the Task Force access to classified materials 

7 unless such member demonstrates appropriate 

8 clearances to receive such materials. 

9 ‘‘(3) DETAILEES.—

10 ‘‘(A) IN GENERAL.—Upon the request of 

11 the Task Force, the head of any department or 

12 agency of the Federal Government may detail, 

13 without reimbursement, any personnel of the 

14 department or agency to the Task Force to as15 sist in carrying out its duties. 

16 ‘‘(B) MAINTENANCE OF CIVIL SERVICE

17 STATUS OR PRIVILEGE.—The detail of an em18 ployee shall be without interruption or loss of 

19 civil service status or privilege. 

20 ‘‘(i) FUNDING.—Of the amounts authorized to be ap21 propriated for fiscal year 2005 to the Secretary under this 

22 Act for the Department, the Secretary shall make avail23 able to the Task Force $8,000,000 for the activities of 

24 the Task Force under this section. 
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1 ‘‘(j) APPLICABILITY OF THE FEDERAL ADVISORY

2 COMMITTEE ACT.—The Federal Advisory Committee Act 

3 (5 U.S.C. App.) shall apply to the Task Force. 

4 ‘‘(k) TERMINATION.—The Task Force shall termi5 nate 30 days after the submission of the final methodology 

6 under subsection (f). 

7 ‘‘SEC. 1805. STATE AND LOCAL GOVERNMENT DETERMINA8 TION OF ESSENTIAL CAPABILITIES AND 

9 NEEDS. 

10 ‘‘(a) IN GENERAL.—In order to qualify for the grant 

11 program under section 1806, a State or unit of local gov12 ernment (in this section referred to as a ‘government’) 

13 must—

14 ‘‘(1) determine, under the methodology pub15 lished by the Secretary under section 1804, the es16 sential capabilities that apply to the government; 

17 ‘‘(2) determine the extent to which the govern18 ment has achieved the essential capabilities that 

19 apply to the government; 

20 ‘‘(3) determine the needs of the government to 

21 achieve the essential capabilities that apply to the 

22 government; and 

23 ‘‘(4) submit to the Secretary—
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1 ‘‘(A) a prioritized description of the needs 

2 of the government to achieve such essential ca3 pabilities; and 

4 ‘‘(B) an estimate of the costs of those 

5 needs. 

6 ‘‘(b) DETERMINATION, DESCRIPTION, AND LOCATION

7 OF NEEDS.—In determining and describing needs under 

8 subsection (a), a government—

9 ‘‘(1) may address such needs at the city, coun10 ty, regional, State, or interstate level; and 

11 ‘‘(2) shall use regional, interjurisdictional, and 

12 interstate agreements, and activities conducted joint13 ly by more than one State or local government to the 

14 greatest extent practicable. 

15 ‘‘(c) DUPLICATIVE NEEDS.—The determination and 

16 description of needs under subsection (a)—

17 ‘‘(1) shall not include duplicative or overlapping 

18 needs; and 

19 ‘‘(2) shall include all needs that have been iden20 tified by the government. 

21 ‘‘(d) ROLE OF STATE GOVERNMENTS.—A determina22 tion under subsections (a) and (b) of essential capabilities 

23 to be maintained at the State or interstate level may only 

24 be made by a State. 
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1 ‘‘(e) PRIORITIZATION.—A description of needs under 

2 subsection (a) shall include a prioritization of such needs 

3 based on the threat and vulnerability assessments factors 

4 included in the methodology developed by the Task Force 

5 under section 1804. 

6 ‘‘(f) COMPILATION AND VALIDATION BY STATE.—

7 Each State shall—

8 ‘‘(1) compile local and State government deter9 minations of needs submitted under subsection (a); 

10 ‘‘(2) validate that in making such determina11 tions, the methodology published under section 1804 

12 was executed correctly; 

13 ‘‘(3) provide local governments 15 days to re14 vise and resubmit determinations, if such determina15 tions cannot be validated under paragraph (2); 

16 ‘‘(4) compile, based on the determinations 

17 under paragraphs (1) through (3), the overall needs 

18 of local and State governments to achieve essential 

19 terrorism preparedness and response capability; 

20 ‘‘(5) calculate the amount of financial assist21 ance required by State and local governments to 

22 meet such needs; 

23 ‘‘(6) complete a prioritization of such needs 

24 based on the threat and vulnerability assessments 
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1 factors included in the methodology developed by the 

2 Task Force under section 1804; and 

3 ‘‘(7) submit to the Secretary a plan to dis4 tribute such assistance, that includes—

5 ‘‘(A) the local and State government deter6 minations compiled under paragraph (1); and 

7 ‘‘(B) a description of all determinations 

8 that the State did not validate under para9 graphs (2) and (3). 

10 ‘‘(g) COMPILATION AND VALIDATION BY SEC11 RETARY.—

12 ‘‘(1) IN GENERAL.—Within 90 days after re13 ceipt of a plan submitted by a State under sub14 section (f), the Secretary shall—

15 ‘‘(A) validate that in making determina16 tions within the plan, the methodology pub17 lished under section 1804 was executed cor18 rectly;

19 ‘‘(B) provide States 30 days to revise and 

20 resubmit determinations if such determinations 

21 cannot be validated under subparagraph (A); 

22 ‘‘(C) compile, based on the determinations 

23 submitted under subparagraphs (A) and (B), 

24 the overall needs of State and local govern25 ments to achieve essential capabilities; and 
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1 ‘‘(D) calculate the amount of financial as2 sistance required by State and local govern3 ments to meet such needs. 

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

5 later than 30 days after completing actions required 

6 under paragraph (1), submit a report to the Com7 mittee on Appropriations and the Select Committee 

8 on Homeland Security of the House of Representa9 tives, and the Committee on Appropriations and the 

10 Committee on Governmental Affairs of the Senate, 

11 containing—

12 ‘‘(A) a summary of total needs of State 

13 and local governments to achieve essential capa14 bilities, as submitted under subsection (f), and 

15 the needs of State and local governments for fi16 nancial assistance to meet those needs; 

17 ‘‘(B) a list and description of any State 

18 and local government determinations of such 

19 needs that were rejected by the Secretary; 

20 ‘‘(C) a summary of the total needs of the 

21 Nation to achieve essential capabilities, based 

22 on such summary and list; and 

23 ‘‘(D) a nationwide plan for meeting each 

24 State’s needs (including needs of all local gov-
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1 ernments in the State) over the following 5 fis2 cal years, that includes—

3 ‘‘(i) the relationship, expressed as a 

4 percentage, of each State’s needs to the 

5 total needs of the Nation; 

6 ‘‘(ii) estimated budget requests for the 

7 following 5 fiscal years to meet the total 

8 needs of the Nation; and 

9 ‘‘(iii) the same structure, type of in10 formation, and level of detail as the Future 

11 Years Defense Program submitted to the 

12 Congress by the Department of Defense 

13 under section 221 of title 10, United 

14 States Code. 

15 ‘‘SEC. 1806. ESSENTIAL TERRORISM PREPAREDNESS AND 

16 RESPONSE GRANT PROGRAM. 

17 ‘‘(a) GRANT AUTHORITY.—

18 ‘‘(1) IN GENERAL.—The Secretary may make 

19 grants to State governments to address needs to 

20 achieve essential capability in accordance with the 

21 plan submitted by the Secretary under section 

22 1805(g)(2). 

23 ‘‘(2) GRANT NAME.—A grant made under this 

24 section may be referred to as a ‘PREPARE Grant’. 

25 ‘‘(b) DISTRIBUTION OF FUNDS.—
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1 ‘‘(1) ALLOCATION AMONG STATES.—From 

2 amounts available for each fiscal year for grants 

3 under this section, the Secretary shall allocate to 

4 each State the percentage determined for the State 

5 under section 1805(g)(2)(D)(i). 

6 ‘‘(2) DISTRIBUTION BY STATE.—Not later than 

7 30 days after receiving grant funds under this sec8 tion, a State shall distribute the amounts provided 

9 in accordance with the plan and prioritization of 

10 needs submitted under section 1805(f)(6), or as re11 vised and resubmitted by the State under section 

12 1805(g)(1)(B). 

13 ‘‘(c) COST SHARING.—

14 ‘‘(1) FEDERAL SHARE.—

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

16 the cost of any activity carried out with a grant 

17 under this section shall not exceed 75 percent. 

18 ‘‘(B) ADJUSTMENT.—(i) The Secretary 

19 may adjust the Federal share to an amount not 

20 to exceed 90 percent with respect to a grant. 

21 ‘‘(ii) Within 1 year after the date of the 

22 enactment of this title, the Secretary shall issue 

23 regulations defining the criteria for cost share 

24 adjustment under this subparagraph. 
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1 ‘‘(2) NON-FEDERAL MATCH OTHER THAN BY

2 EXPENDITURE OF FUNDS.—Within 1 year after the 

3 date of the enactment of this title, the Secretary 

4 shall issue regulations that authorize a grantee 

5 under this section to use means other than the ex6 penditure of funds to pay the non-Federal share of 

7 the costs of an activity carried out with a grant 

8 under this section, including criteria for use of such 

9 means. 

10 ‘‘(d) EXISTING PROGRAMS NOT AFFECTED.—Noth11 ing in this title shall affect the management and adminis12 tration of, nor provide for the combination of grant funds 

13 among, grant programs administered by the Department 

14 of Homeland Security or any other Federal agency, includ15 ing the following: 

16 ‘‘(1) Assistance to firefighter grant programs 

17 carried out under section 33 of the Federal Fire 

18 Prevention and Control Act of 1974 (15 U.S.C. 

19 2001 et seq.). 

20 ‘‘(2) The emergency management performance 

21 grant program carried out under sections 201(D), 

22 611, and 613 of Public Law 93–288. 

23 ‘‘(3) The COPS grant program carried out 

24 under Public Law 103–50 and Public Law 103–322. 
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1 ‘‘(4) The Local Law Enforcement Block Grant 

2 program funded pursuant to Public Law 104–134 

3 and other laws. 

4 ‘‘(5) The Byrne Formula Grant Program car5 ried out under Public Law 100–690 and title I of 

6 Public Law 90-351 (42 U.S.C. 3711 et seq.). 

7 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the Secretary such 

9 sums as are necessary for fiscal years 2006 through 2010 

10 to carry out the grant program authorized by this sec11 tion.’’. 

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

13 in section 1(6) of the Homeland Security Act of 2002 

14 (Public Law 107–296) is amended by adding at the end 

15 the following:

‘‘TITLE XVIII—PREPARING AMERICA TO RESPOND EFFECTIVELY 

ACT OF 2003

‘‘Sec. 1801. Short title. 

‘‘Sec. 1802. Findings. 

‘‘Sec. 1803. Definitions. 

‘‘Sec. 1804. Task Force on Standards for Terrorism Preparedness.

‘‘Sec. 1805. State and local government determination of essential capabilities 

and needs. 

‘‘Sec. 1806. Essential terrorism preparedness and response grant program.’’.

16 SEC. 2. DESIGNATION OF TERRORISM GRANT PROGRAM 

17 OFFICE. 

18 Section 430 of the Homeland Security Act of 2002 

19 (Public Law 107–296; 6 U.S.C. 238) is amended by add20 ing at the end the following: 
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1 ‘‘(e) DESIGNATION.—The Office for Domestic Pre2 paredness shall be responsible for the following: 

3 ‘‘(1) Administering all terrorism preparedness 

4 and response grant programs of the Department, in5 cluding—

6 ‘‘(A) State Homeland Security grants ad7 ministered by the Office for Domestic Prepared8 ness under section 1014 of Public Law 107–56; 

9 ‘‘(B) high-threat urban area grants admin10 istered by the Office for Domestic Preparedness 

11 under Public Law 108–11; 

12 ‘‘(C) critical infrastructure security grants 

13 administered by the Office for Domestic Pre14 paredness under section 1014(c)(3) of Public 

15 Law 107–56 and Public Law 108–11; 

16 ‘‘(D) PREPARE grants authorized under 

17 section 1806 of this Act; and 

18 ‘‘(E) the Homeland Security Advisory Sys19 tem Response Grants authorized by section 

20 430(c)(8) of this Act. 

21 ‘‘(2) Maintaining all information on grants, 

22 grant availability, application deadlines, and grant 

23 fund obligation deadlines under such programs. 

24 ‘‘(3) Providing all information on grants, grant 

25 availability, application deadlines, and grant fund 
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1 obligation deadlines to grant applicants and recipi2 ents under such programs. 

3 ‘‘(4) Preparing and submitting the reports 

4 under subsection (f). 

5 Nothing in this section provides the Office for Domestic 

6 Preparedness with the authority to manage or administer 

7 the programs identified under section 1806(d) of this Act. 

8 ‘‘(f) ANNUAL REPORTS TO THE CONGRESS.—

9 ‘‘(1) IN GENERAL.—The Director of the Office 

10 for Domestic Preparedness shall submit annual re11 ports regarding the administration of terrorism pre12 paredness and response grant programs of the De13 partment to the Committee on Appropriations and 

14 the Select Committee on Homeland Security of the 

15 House of Representatives and the Committee on Ap16 propriations and the Committee on Governmental 

17 Affairs of the Senate. 

18 ‘‘(2) CONTENTS, GENERALLY.—Each report 

19 under this subsection shall include the following in20 formation with respect to the period covered by the 

21 report: 

22 ‘‘(A) The amount of funds appropriated 

23 for such grant programs for each fiscal year. 

24 ‘‘(B) Specific allocations of financial assist25 ance made to each State and local government. 
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•HR 3158 IH 

1 ‘‘(C) The amount of appropriated funds 

2 that have been obligated and expended by the 

3 Department and by each State and local gov4 ernment under the programs. 

5 ‘‘(D) The points of contact in the Office 

6 for Domestic Preparedness responsible for the 

7 duties under section 430(e). 

8 ‘‘(E) Administrative or other impediments 

9 that may delay the obligation of grant funds. 

10 ‘‘(3) PROGRESS REPORT.—Each report under 

11 this subsection shall also include a description of—

12 ‘‘(A) progress made, in the period covered 

13 by the report, in achieving essential capability 

14 of State and local governments determined by 

15 the Secretary under section 1805(g)(2); 

16 ‘‘(B) progress made, since the first date 

17 funds were available for grants under section 

18 1806, in achieving essential capability of State 

19 and local governments determined by the Sec20 retary under section 1805(g)(2); 

21 ‘‘(C) an assessment of emerging terrorism 

22 preparedness and response capability needs not 

23 addressed by Federal grant programs, the esti24 mated costs of such needs, and recommenda-
30

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1 tions for meeting such needs utilizing Federal 

2 grant programs; and 

3 ‘‘(D) recommendations for streamlining 

4 and standardizing application, reporting, and 

5 administrative requirements of Federal grant 

6 programs to eliminate duplication and promote 

7 coordination of terrorism preparedness and re8 sponse grants.’’. 

9 SEC. 3. MODIFICATION OF HOMELAND SECURITY ADVI10 SORY SYSTEM. 

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

12 2002 (Public Law 107–296; 6 U.S.C. 121 et seq.) is 

13 amended by adding at the end the following: 

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

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

16 Homeland Security Advisory System referred to in section 

17 201(d)(7) to include the following: 

18 ‘‘(1) A process for activating the System on a 

19 regional or critical infrastructure sector basis. 

20 ‘‘(2) A requirement that any designation of the 

21 highest or second highest threat level shall be ac22 companied by a designation by the President of the 

23 regions and sectors of the country to which the des24 ignation applies. 
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1 ‘‘(3) A requirement under which, as far in ad2 vance as possible, but in no case later than the time 

3 of any designation of regions or sectors by the Presi4 dent under paragraph (2), notice of any change in 

5 designation of threat level shall be provided to the 

6 Committee on Appropriations, the Select Committee 

7 on Homeland Security, and the Permanent Select 

8 Committee on Intelligence of the House of Rep9 resentatives, and the Committee on Appropriations, 

10 the Committee on Governmental Affairs, and the Se11 lect Committee on Intelligence, of the Senate, and to 

12 State and local governments. 

13 ‘‘(4) A requirement that each notice to the Con14 gress under paragraph (3) shall include—

15 ‘‘(A) a threat briefing that explains the in16 telligence or other information that informed 

17 the decision to make the designation;

18 ‘‘(B) a description of Federal response ac19 tions being undertaken as a result of the 

20 change in designation of threat level; 

21 ‘‘(C) recommended actions that should be 

22 taken by State and local governments, the pri23 vate sector, and other members of the public; 

24 and 
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1 ‘‘(D) the estimated costs of the rec2 ommended actions for Federal, State, and local 

3 governments. 

4 ‘‘(5) A requirement that an update of the esti5 mate of costs under paragraph (4)(D) shall be sub6 mitted to the Committees referred to in paragraph 

7 (3) 14 days after the designation for which the esti8 mate was prepared. 

9 ‘‘(6) A requirement that each notice to State 

10 and local governments under paragraph (3) shall in11 clude information regarding threats on which the 

12 change in designation is based and recommended re13 sponse actions. 

14 ‘‘(b) DEADLINE.—The modifications in subsection 

15 (a) shall be completed by the Secretary not later than 6 

16 months after the date of enactment of this section.’’. 

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

18 in section 1(b) of the Homeland Security Act of 2002 

19 (Public Law 107–296) is amended by inserting after the 

20 item relating to section 202 the following:

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

21 SEC. 4. HOMELAND SECURITY ADVISORY SYSTEM RE22 SPONSE GRANTS. 

23 Section 430 of the Homeland Security Act of 2002 

24 (Public Law 107–296; 6 U.S.C. 238) is amended— 
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•HR 3158 IH 

1 (1) in subsection (c)(7) by striking ‘‘; and’’ and 

2 inserting a semicolon; 

3 (2) by redesignating subsection (c)(8) as sub4 section (c)(9); 

5 (3) by inserting after subsection (c)(7) the fol6 lowing: 

7 ‘‘(8) making grants to States and local govern8 ments to compensate such governments for addi9 tional personnel costs incurred as a result of ele10 vated threat level designations; and’’; and 

11 (4) by adding at the end the following: 

12 ‘‘(e) ELEVATED THREAT LEVEL DESIGNATION DE13 FINED.—In this section, the term ‘elevated threat level 

14 designation’ means—

15 ‘‘(1) any designation by the President of the 

16 highest or second highest threat level under the 

17 Homeland Security Advisory System (as modified 

18 pursuant to section 203(a)); or 

19 ‘‘(2) any other increase in threat level that is 

20 specified by the President for purposes of this sec21 tion. 

22 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Secretary such 

24 sums as are necessary for fiscal year 2005 to carry out 

25 the grant program authorized by subsection (c)(8).’’. 
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1 SEC. 5. INFORMATION SHARING WITH STATE AND LOCAL 

2 GOVERNMENTS. 

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

4 (1) the Federal government should continue to 

5 improve its sharing of terrorism-related information 

6 with State and local officials in order to better pre7 vent and prepare for terrorist attacks; 

8 (2) much of the information required by State 

9 and local officials to defend against terrorism can be 

10 disseminated by the Federal government on an un11 classified basis; 

12 (3) some information in the possession of Fed13 eral agencies that is needed at the State and local 

14 level to prevent and effectively respond to terrorist 

15 attacks is classified, and the disclosure of that infor16 mation would be harmful to national security inter17 ests; 

18 (4) mechanisms, such as tear-line intelligence 

19 reports, should be used to the greatest extent pos20 sible to ensure that needed information is shared in 

21 a timely manner with State and local officials while 

22 protecting classified sources and methods from dis23 closure; and 

24 (5) in cases where information can not be dis25 seminated in an unclassified form, or through the 

26 use of tear-line intelligence reports, procedures and 
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1 capabilities should be established throughout the Na2 tion to share and act upon classified information to 

3 prevent and respond to terrorist attacks, guided by 

4 appropriate safeguards to protect that information. 

5 (b) AMENDMENTS.—Section 893 of the Homeland 

6 Security Act of 2002 (Public Law 107–296; 6 U.S.C. 483) 

7 is amended by striking subsection (b) and inserting the 

8 following: 

9 ‘‘(b) REPORT REGARDING SECURITY CLEAR10 ANCES.—The Secretary of Homeland Security shall report 

11 to the Congress by not later than 6 months after the date 

12 of the enactment of the PREPARE Act on the number 

13 and level of security clearances needed by State and local 

14 government officials in order to effectively and efficiently 

15 share terrorism threat information. 

16 ‘‘(c) REPORT SPECIFYING LEAD AGENCY.—The 

17 President shall, by not later than 3 months after submis18 sion of the report required by subsection (a), submit to 

19 the congressional committees a report specifying the lead 

20 Government agency for—

21 ‘‘(1) sharing terrorism threat information with 

22 State and local government officials; and 

23 ‘‘(2) receiving such information from State and 

24 local government officials and further disseminating 

25 such information, as appropriate. 
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1 ‘‘(d) SPECIFIED CONGRESSIONAL COMMITTEES.—

2 The congressional committees referred to in this section 

3 are the following committees: 

4 ‘‘(1) The Permanent Select Committee on Intel5 ligence, the Committee on the Judiciary, and the Se6 lect Committee on Homeland Security of the House 

7 of Representatives. 

8 ‘‘(2) The Select Committee on Intelligence, the 

9 Committee on the Judiciary, and the Committee on 

10 Government Affairs of the Senate.’’. 

11 (c) GRANTS.—Section 892 of the Homeland Security 

12 Act of 2002 (Public Law 107–296; 6 U.S.C. 483) is 

13 amended by adding at the end the following: 

14 ‘‘(h) GRANTS.—

15 ‘‘(1) IN GENERAL.—The Secretary shall make 

16 grants, as necessary, to State and local governments 

17 in order to provide the equipment and facilities nec18 essary to receive, transmit, handle, and store classi19 fied information. 

20 ‘‘(2) LIMITATION ON AMOUNT OF GRANTS.—

21 The total amount provided as grants under this sec22 tion shall not exceed 50 percent of the costs to pro23 vide facilities to State and local governments for 

24 storing or handling classified information. 
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1 ‘‘(3) QUALIFICATION FOR GRANT.—The Sec2 retary may provide a grant under this section—

3 ‘‘(A) only upon demonstration that suffi4 cient personnel at the recipient agency possess 

5 the relevant security clearances to receive and 

6 access classified information; and 

7 ‘‘(B) only if personnel at the recipient 

8 agency have appropriate training to access, re9 ceive, store, and maintain classified informa10 tion. 

11 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

12 There are authorized to be appropriated to the Sec13 retary such sums as are necessary for fiscal year 

14 2005 to carry out the grant program authorized by 

15 this subsection.’’. 

16 SEC. 6. PROVIDING EQUIPMENT AND TRAINING STAND17 ARDS. 

18 (a) RESPONSIBILITY OF UNDER SECRETARY FOR

19 SCIENCE AND TECHNOLOGY.—Section 302 of the Home20 land Security Act of 2002 (6 U.S.C. 182) is amended—

21 (1) by striking ‘‘and’’ at the end of paragraph 

22 (13); 

23 (2) by striking the period at the end of para24 graph (14) and inserting ‘‘; and’’; and 
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•HR 3158 IH 

1 (3) by adding at the end the following new 

2 paragraph: 

3 ‘‘(15) identifying, establishing, updating, and 

4 disseminating standards for first responder equip5 ment and training.’’. 

6 (b) SPECIFIC DUTIES.—

7 (1) IN GENERAL.—Title III of the Homeland 

8 Security Act of 2002 (Public Law 107–296; 6 

9 U.S.C. 181 et seq.) is amended by adding at the end 

10 the following: 

11 ‘‘SEC. 314. FIRST RESPONDER EQUIPMENT STANDARDS. 

12 ‘‘(a) IN GENERAL.—In carrying out the responsibil13 ities under section 302(15), the Under Secretary of Home14 land Security for Science and Technology shall—

15 ‘‘(1) identify classes of first responder equip16 ment and training for which acceptable standards 

17 exist; 

18 ‘‘(2) identify classes of first responder equip19 ment and training for which acceptable standards do 

20 not exist; 

21 ‘‘(3) not later than 6 months after the date of 

22 the enactment of this paragraph, publish a report 

23 describing the findings under paragraphs (1) and 

24 (2); and 
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1 ‘‘(4) establish standards to address the short2 comings identified under paragraph (2) within 1 

3 year after the report under paragraph (3) is trans4 mitted, using voluntary consensus standards organi5 zations where possible, in consultation with the fire 

6 service, hazardous materials, emergency medical 

7 service, law enforcement, public health, emergency 

8 management and planning, public works, and hos9 pital and medical communities. 

10 ‘‘(b) ACQUISITION GUIDANCE.—Not later than 3 

11 months after the transmittal of the report under sub12 section (a)(3), and every 6 months thereafter, the Under 

13 Secretary of Homeland Security for Science and Tech14 nology shall publish first responder equipment and train15 ing acquisition guidance in the form of catalogs of equip16 ment and training for which acceptable standards exist. 

17 Such guidance shall be published in the Federal Register, 

18 made available through the Web site of the Department 

19 of Homeland Security, and made available to the Ter20 rorism Grant Program Office established under section 

21 430(e) for appropriate outreach activities. 

22 ‘‘(c) REPORT TO CONGRESS.—Not later than 1 year 

23 after the date of the enactment of this subsection, the 

24 Under Secretary of Homeland Security for Science and 

25 Technology shall transmit to the Committee on Appropria-
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•HR 3158 IH 

1 tions and the Select Committee on Homeland Security of 

2 the House of Representatives, and the Committee on Ap3 propriations and the Committee on Governmental Affairs 

4 of the Senate a report on the progress made in imple5 menting subsection (a). 

6 ‘‘(d) OTHER FEDERAL PROGRAMS.—In carrying out 

7 this section, the Under Secretary shall consider the ongo8 ing efforts to identify, promulgate, and disseminate stand9 ards for equipment and training for first responder per10 sonnel by the National Institute of Justice, the Inter11 agency Group sanctioned by the Attorney General, the Na12 tional Institute of Standards and Technology, the 

13 Counterdrug Technology Assessment Center of the Office 

14 of National Drug Control Policy, and any other appro15 priate Federal Government agencies. 

16 ‘‘(e) LEAD FEDERAL AGENCY.—It is the sense of 

17 Congress that the Department of Homeland Security 

18 should be the lead Federal agency for maintaining and dis19 seminating standards and guidelines for first responder 

20 equipment and training.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions in section 1(b) of the Homeland Security Act 

23 of 2002 (Public Law 107–296) is amended by in24 serting after the item relating to section 313 the fol25 lowing:

‘‘Sec. 314. First responder equipment standards.’’.
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1 SEC. 7. STUDY OF SPECTRUM NEEDS FOR FIRST RE2 SPONDER COMMUNICATIONS. 

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

4 Act of 2002 (Public Law 107–296; 6 U.S.C. 311 et seq.) 

5 is amended by adding at the end the following: 

6 ‘‘SEC. 510. STUDY OF FIRST RESPONDER SPECTRUM NEEDS. 

7 ‘‘The Under Secretary of Homeland Security for 

8 Emergency Preparedness and Response shall conduct a 

9 study to determine the extent of the electromagnetic spec10 trum, and the bands of frequencies, necessary to be as11 signed for use for emergency communications and infor12 mation to ensure that national requirements for emer13 gency preparedness are met. Not later than 6 months 

14 after the date of the enactment of this section, the Under 

15 Secretary shall submit to the Congress a report specifying 

16 the results of the study.’’. 

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

18 in section 1(b) of the Homeland Security Act of 2002 is

19 amended by inserting after the item relating to section 

20 509 the following:

‘‘Sec. 510. Study of first responder spectrum needs.’’.

21 SEC. 8. INTEROPERABLE COMMUNICATIONS EQUIPMENT. 

22 (a) FINDINGS.—The Congress finds that—

23 (1) many law enforcement officers, firefighters, 

24 and emergency medical service personnel working in 
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1 the same jurisdiction or in different jurisdictions 

2 cannot communicate with one another; 

3 (2) the inability of our public safety officials to 

4 readily communicate with one another threatens the 

5 public’s safety and often results in unnecessary loss 

6 of lives and property; 

7 (3) the private sector has developed numerous 

8 solutions to significantly improve communications 

9 interoperability that can be implemented imme10 diately; and 

11 (4) these solutions include deployable vehicles 

12 that contain equipment such as commercial tele13 phone line trunks, VHF and UHF radios, patch 

14 panels, and crosspatch capabilities that allow radio 

15 users on separate frequencies to talk to each other. 

16 (b) PROCUREMENT AND DEPLOYMENT.—Title V of 

17 the Homeland Security Act of 2002 (Public Law 107–

18 296) is further amended by adding at the end the fol19 lowing: 

20 ‘‘SEC. 511. DEPLOYMENT OF INTEROPERABLE COMMUNICA21 TIONS EQUIPMENT. 

22 ‘‘(a) PROCUREMENT AND DEPLOYMENT.—To the ex23 tent amounts are made available pursuant to subsection 

24 (b), the Secretary shall procure and deploy commercially 

25 available equipment to facilitate interoperability, coordina-
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1 tion, and integration between emergency communications 

2 systems, including Federal, State, and local emergency 

3 communications systems, systems used by emergency per4 sonnel and public safety organizations, telecommuni5 cations services, and 911 and enhanced 911 services. 

6 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to the Secretary 

8 $20,000,000 for fiscal year 2005 for carrying out this sec9 tion.’’. 

10 (c) CLERICAL AMENDMENT.—The table of sections 

11 in section 1(b) of the Homeland Security Act of 2002 

12 (Public Law 107–296) is further amended by inserting 

13 after the item relating to section 510 the following:

‘‘Sec. 511. Deployment of interoperable communications equipment.’’.

14 SEC. 9. PLAN REGARDING NATIONWIDE EMERGENCY NOTI15 FICATION SYSTEM. 

16 (a) STUDY.—Title V of the Homeland Security Act 

17 of 2002 (Public Law 107–296) is further amended by add18 ing at the end the following: 

19 ‘‘SEC. 512. PLAN REGARDING NATIONWIDE EMERGENCY 

20 NOTIFICATION SYSTEM. 

21 ‘‘(a) STUDY.—The Under Secretary of Homeland Se22 curity for Emergency Preparedness and Response, in con23 sultation with the heads of other appropriate Federal 

24 agencies and representatives of providers and participants 

25 in the telecommunications industry, shall conduct a study 
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1 to determine the most effective and efficient manner of 

2 establishing a nationwide system to notify the public and 

3 appropriate governmental officials and agencies and other 

4 appropriate organizations, including first responders, of 

5 emergencies. In conducting the study, the Secretary shall 

6 consider use of telephone and telfax systems, radio and 

7 television broadcasts (including public television broad8 casts), computer systems and the Internet, public works, 

9 and existing communications networks of the Federal Gov10 ernment to provide such notification. 

11 ‘‘(b) REPORT AND PLAN.—Not later than 9 months 

12 after the date of the enactment of this section, the Under 

13 Secretary shall submit a report regarding the conclusions 

14 of the study conducted under subsection (a), which shall 

15 include a plan for establishment and implementation of 

16 the emergency notification system described in such sub17 section, to the Committee on Appropriations and the Se18 lect Committee on Homeland Security of the House of 

19 Representatives and to the Committee on Appropriations 

20 and the Committee on Governmental Affairs of the Sen21 ate.’’. 

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

23 in section 1(b) of the Homeland Security Act of 2002 

24 (Public Law 107–296) is further amended by inserting 

25 after the item relating to section 511 the following:

‘‘Sec. 512. Plan regarding nationwide emergency notification system.’’.
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1 SEC. 10. SECOND RESPONDERS. 

2 (a) FINDINGS.—The Congress finds the following: 

3 (1) Terrorism prevention and response will re4 quire efforts beyond those by Federal, State, and 

5 local governments. 

6 (2) Citizen volunteers can perform critical func7 tions in preventing and responding to terrorist at8 tacks. 

9 (3) Private sector resources can provide greatly 

10 enhanced State and local operational capability and 

11 significant surge capacity. 

12 (4) Citizens and private sector entities should 

13 be mobilized and prepared to serve as ‘‘second re14 sponders’’ to support emergency operations. 

15 (5) In order to be effective, such second re16 sponders must be integrated into State and local 

17 planning efforts to ensure that their capabilities and 

18 roles are understood, lines of communication are es19 tablished, and training and equipment are identified 

20 and provided as necessary. 

21 (6) The partnership between the Business Ex22 ecutives for National Security and the State of New 

23 Jersey, popularly known as the ‘‘New Jersey Busi24 ness Force’’, is a model program to identify and co25 ordinate private sector second responders and should 

26 be expanded to cover all States and territories. 
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1 (b) GUIDANCE.—The Task Force established under 

2 the amendments made by section 1 shall include in the 

3 methodology developed under that section guidance on the 

4 appropriate roles and capabilities for second responders. 

5 (c) CIVIL PREPAREDNESS LIAISON OFFICE.—Section 

6 103 of the Homeland Security Act of 2002 (Public Law 

7 107–296, 6 U.S.C. 113) is amended by adding at the end 

8 the following: 

9 ‘‘(f) CIVIL PREPAREDNESS LIAISON OFFICE.—The 

10 Secretary shall establish a Civil Preparedness Liaison Of11 fice within the Department that shall be responsible for—

12 ‘‘(1) coordinating industry efforts to identify 

13 private sector resources and capabilities that could 

14 be effective in supplementing Federal, State, and 

15 local government agencies to prevent or respond to 

16 a terrorist attack;

17 ‘‘(2) administering the ‘Ready’ civil prepared18 ness campaign; 

19 ‘‘(3) administering the Citizen Corps program; 

20 ‘‘(4) establishing procedures for direct funding 

21 for local and municipal Citizen Corps preparedness 

22 efforts; 

23 ‘‘(5) coordinating with private entities to iden24 tify and integrate into nationwide planning resources 
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1 under private ownership that would enhance the re2 sponse to catastrophic terrorist attacks; and 

3 ‘‘(6) ensuring that all civil preparedness efforts 

4 of the Department are coordinated with the Under 

5 Secretary for Emergency Response and the Special 

6 Assistant to the Secretary under section 102(f).’’.

7 SEC. 11. EMERGENCY PREPAREDNESS EDUCATION PRO8 GRAMS. 

9 (a) IN GENERAL.—Subtitle H of title VIII of the 

10 Homeland Security Act of 2002 (Public Law 107–296) 

11 is amended by adding at the end the following: 

12 ‘‘SEC. 890a. EMERGENCY PREPAREDNESS EDUCATION PRO13 GRAMS. 

14 ‘‘(a) GRANTS.—The Secretary, in collaboration with 

15 the Secretary of Education, may award grants to eligible 

16 entities to develop and implement programs at public ele17 mentary schools and secondary schools to instruct stu18 dents regarding age-appropriate skills that may be used 

19 to prepare for and respond to a man-made emergency or 

20 a natural disaster. 

21 ‘‘(b) DEFINITIONS.—In this section: 

22 ‘‘(1) ELEMENTARY SCHOOL; SECONDARY

23 SCHOOL.—Each of the terms ‘elementary school’ and 

24 ‘secondary school’ has the meaning given to that 
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1 term in section 9101 of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 7801). 

3 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en4 tity’ means—

5 ‘‘(A) the chief school officer of a State; or 

6 ‘‘(B) any partnership of public or private 

7 non-profit entities that is established for the 

8 purpose of administering a grant under this 

9 section. 

10 ‘‘(c) MAXIMUM ANNUAL AMOUNT.—The Secretary 

11 may not award any grant under this section in an amount 

12 that is greater than $2,000,000 for any 1-year period. 

13 ‘‘(d) MATCHING FUNDS.—

14 ‘‘(1) IN GENERAL.—The Federal share of the 

15 costs of an activity carried out with a grant under 

16 this section may not exceed 60 percent of the costs 

17 of such activity. 

18 ‘‘(2) DETERMINATION OF AMOUNT CONTRIB19 UTED.—

20 ‘‘(A) IN GENERAL.—Non-Federal contribu21 tions required by paragraph (1) may be in cash 

22 or in kind, shall be fairly evaluated, and may 

23 include plant, equipment, or services. 

24 ‘‘(B) EXCLUSION.—Amounts provided by 

25 the Federal Government, or services assisted or 
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1 subsidized to any significant extent by the Fed2 eral Government, may not be included in deter3 mining the amount of such non-Federal con4 tributions. 

5 ‘‘(e) APPLICATION.—To seek a grant under this sec6 tion, an eligible entity shall submit an application to the 

7 Secretary in such form, in such manner, and containing 

8 such information as the Secretary may require. 

9 ‘‘(f) CLEARINGHOUSE.—

10 ‘‘(1) IN GENERAL.—The Secretary, acting 

11 through The Director of the Office for State and 

12 Local Government Coordination, shall establish and 

13 maintain a clearinghouse of information voluntarily 

14 submitted to the Secretary by grant recipients under 

15 this section on best practices and curricula for in16 structing elementary and secondary students regard17 ing age-appropriate emergency preparedness and re18 sponse skills. 

19 ‘‘(2) FORMAT OF INFORMATION.—Information 

20 voluntarily submitted under this subsection shall be 

21 maintained and made available by the Secretary in 

22 electronic format, if practicable. 

23 ‘‘(g) INFORMATION SHARING.—This section shall not 

24 be construed to prohibit any eligible entity or school from 

25 sharing information on instruction of emergency prepared-
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1 ness and response skills with any person, including any 

2 private school. 

3 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—To 

4 carry out this section, there are authorized to be appro5 priated to the Secretary such sums as are necessary for 

6 each of fiscal years 2005, 2006, and 2007.’’. 

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

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

9 the item relating to section 891 the following:

‘‘Sec. 890a. Emergency Preparedness Education Programs.’’.

Æ