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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3266 Reported in House (RH)]

                                                 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 
  Judiciary, 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 Diaz-Balart 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
 [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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Faster and Smarter 
Funding for First Responders Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Faster and Smarter Funding for First Responders.

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

        ``1801. Faster and smarter funding for first responders.
        ``1802. Essential capabilities for first responders.
        ``1803. 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. 2. FINDINGS.

    The Congress finds the following:
            (1) In order to achieve its objective of minimizing the 
        damage, and assisting in the recovery, from terrorist attacks, 
        the Department of Homeland Security must play a leading role in 
        assisting communities to reach the level of preparedness they 
        need to respond to a terrorist attack.
            (2) First responder funding is not reaching the men and 
        women of our Nation's first response teams quickly enough, and 
        sometimes not at all.
            (3) To reform the current bureaucratic process so that 
        homeland security dollars reach the first responders who need 
        it most, it is necessary to clarify and consolidate the 
        authority and procedures of the Department of Homeland Security 
        to support first responders.
            (4) Ensuring adequate resources for the new national 
        mission of homeland security requires a discrete and separate 
        grant making process for homeland security funds for first 
        response to terrorist acts, on the one hand, and for first 
        responder programs designed to meet pre-9/11 priorities, on the 
        other.
            (5) Homeland security grants to first responders must be 
        based on the best intelligence concerning the capabilities and 
        intentions of our terrorist enemies, and that intelligence must 
        be used to target resources to the Nation's greatest risks, 
        vulnerabilities, and consequences.
            (6) The Nation's first response capabilities will be 
        improved by sharing resources, training, planning, personnel, 
        and equipment among neighboring jurisdictions through mutual 
        aid agreements and regional cooperation. Such regional 
        cooperation should be supported, where appropriate, through 
        direct grants from the Department of Homeland Security.
            (7) An essential prerequisite to achieving the Nation's 
        homeland security objectives for first responders is the 
        establishment of well-defined national goals for terrorism 
        preparedness. These goals should delineate the essential 
        capabilities that every jurisdiction in the United States 
        should possess or to which it should have access.
            (8) A national determination of essential capabilities is 
        needed to identify levels of State and local government 
        terrorism preparedness, to determine the nature and extent of 
        State and local first responder needs, to identify the human 
        and financial resources required to fulfill them, and to direct 
        funding to meet those needs and to measure preparedness levels 
        on a national scale.
            (9) To facilitate progress in attaining essential 
        capabilities for State and local first responders, the 
        Department of Homeland Security should seek to allocate 
        homeland security funding for first responders to meet 
        nationwide needs.
            (10) Private sector resources and citizen volunteers can 
        perform critical functions in assisting in preventing and 
        responding to terrorist attacks, and should be integrated into 
        State and local planning efforts to ensure that their 
        capabilities and roles are understood, so as to provide 
        enhanced State and local operational capability and surge 
        capacity.
            (11) Public-private partnerships, such as the partnerships 
        between the Business Executives for National Security and the 
        States of New Jersey and Georgia, can be useful to identify and 
        coordinate private sector support for State and local first 
        responders. Such models should be expanded to cover all States 
        and territories.
            (12) An important component of national standards is 
        measurability, so that it is possible to determine how prepared 
        a State or local government is now, and what additional steps 
        it needs to take, in order to respond to acts of terrorism.
            (13) The Department of Homeland Security should establish, 
        publish, and regularly update national voluntary consensus 
        standards for both equipment and training, in cooperation with 
        both public and private sector standard setting organizations, 
        to assist State and local governments in obtaining the 
        equipment and training to attain the essential capabilities for 
        first response to acts of terrorism, and to ensure that first 
        responder funds are spent wisely.

SEC. 3. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    (a) In General.--The Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 361 et seq.) is amended--
            (1) in section 1(b) in the table of contents by adding at 
        the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

``1801. Faster and smarter funding for first responders.
``1802. Essential capabilities for first responders.
``1803. 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
            (2) by adding at the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

``SEC. 1801. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    ``(a) Covered Grants.--This title applies to any grant provided by 
the Department to States or regions to improve the ability of first 
responders to prevent, prepare for, respond to, or mitigate threatened 
or actual terrorist attacks, especially those involving weapons of mass 
destruction, and including any grant under the following:
            ``(1) State homeland security grant program.--The State 
        Homeland Security Grant Program of the Department, or any 
        successor to such grant program.
            ``(2) Urban area security initiative.--The Urban Area 
        Security Initiative of the Department, or any successor to such 
        grant program.
    ``(b) Excluded Programs.--This title does not apply to or otherwise 
affect the following Federal grant programs or any grant under such a 
program:
            ``(1) Nondepartment programs.--Any Federal grant program 
        that is not administered by the Department.
            ``(2) Fire grant programs.--The fire grant programs 
        authorized by sections 33 and 34 of the Federal Fire Prevention 
        and Control Act of 1974 (15 U.S.C. 2229, 2229a).
            ``(3) Emergency management planning and assistance account 
        grants.--The Emergency Management Performance Grant program and 
        the Urban Search and Rescue Grants program authorized by title 
        VI of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5195 et seq.); the Departments of 
        Veterans Affairs and Housing and Urban Development, and 
        Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 
        et seq.); and the Earthquake Hazards Reduction Act of 1977 (42 
        U.S.C. 7701 et seq.).

``SEC. 1802. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.

    ``(a) Establishment of Essential Capabilities.--
            ``(1) In general.--The Secretary shall establish clearly 
        defined essential capabilities for State and local government 
        preparedness for terrorism, in consultation with--
                    ``(A) the Task Force on Essential Capabilities for 
                First Responders established under section 1803;
                    ``(B) the Under Secretaries for Emergency 
                Preparedness and Response, Border and Transportation 
                Security, Information Analysis and Infrastructure 
                Protection, and Science and Technology, and the 
                Director of the Office for Domestic Preparedness;
                    ``(C) other appropriate Federal agencies;
                    ``(D) State and local first responder agencies and 
                officials; and
                    ``(E) groups responsible for setting standards 
                relevant to the first responder community.
            ``(2) Deadlines.--The Secretary shall--
                    ``(A) establish essential capabilities under 
                paragraph (1) within 30 days after receipt of the 
                initial submission of a final report under section 
                1803(c)(2); and
                    ``(B) regularly update such essential capabilities 
                as necessary, but not less than every 3 years.
            ``(3) Provision of essential capabilities.--The Secretary 
        shall ensure that essential capabilities established under 
        paragraph (1) are provided promptly to the States and to the 
        Congress. The States shall make the essential capabilities 
        available as necessary and appropriate to local governments 
        within their jurisdictions.
    ``(b) Objectives.--The Secretary shall ensure that essential 
capabilities established under subsection (a)(1) meet the following 
objectives:
            ``(1) Specificity.--The determination of essential 
        capabilities specifically shall describe the training, 
        planning, personnel, and equipment that different types of 
        communities in the Nation should possess, or to which they 
        should have access, in order to meet the Department's goals for 
        terrorism preparedness based upon--
                    ``(A) the most current risk assessment available by 
                the Directorate for Information Analysis and 
                Infrastructure Protection of the threats of terrorism 
                against the United States; and
                    ``(B) the types of threats, vulnerabilities, 
                geography, size, and other factors that the Secretary 
                has determined to be applicable to each different type 
                of community.
            ``(2) Flexibility.--The establishment of essential 
        capabilities shall be sufficiently flexible to allow State and 
        local government officials to set priorities based on 
        particular needs, while reaching nationally determined 
        terrorism preparedness levels within a specified time period.
            ``(3) Measurability.--The establishment of essential 
        capabilities shall be designed to enable measurement of 
        progress towards specific terrorism preparedness goals.
    ``(c) Threats to Be Considered.--
            ``(1) In general.--In establishing essential capabilities 
        under subsection (a)(1), the Secretary specifically shall 
        consider the variables of threat, vulnerability, and 
        consequences with respect to the Nation's population (including 
        transient commuting and tourist populations) and critical 
        infrastructure. Such consideration shall be based upon the most 
        current risk assessment available by the Directorate for 
        Information Analysis and Infrastructure Protection of the 
        threats of terrorism against the United States.
            ``(2) Critical infrastructure sectors.--The Secretary 
        specifically shall consider threats of terrorism against the 
        following critical infrastructure sectors in all areas of the 
        Nation, urban and rural:
                    ``(A) Agriculture.
                    ``(B) Banking and finance.
                    ``(C) Chemical industries.
                    ``(D) The defense industrial base.
                    ``(E) Emergency services.
                    ``(F) Energy.
                    ``(G) Food.
                    ``(H) Government.
                    ``(I) Postal and shipping.
                    ``(J) Public health.
                    ``(K) Information and telecommunications networks.
                    ``(L) Transportation.
                    ``(M) Water.
        The order in which the critical infrastructure sectors are 
        listed in this paragraph shall not be construed as an order of 
        priority for consideration of the importance of such sectors.
            ``(3) Consideration of additional threats.--In establishing 
        essential capabilities under subsection (a)(1), the Secretary 
        shall take into account any other specific threat to a 
        population (including a transient commuting or tourist 
        population) or critical infrastructure sector that the 
        Secretary has determined to exist.

``SEC. 1803. TASK FORCE ON ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.

    ``(a) Establishment.--To assist the Secretary in establishing 
essential capabilities under section 1802(a)(1), the Secretary shall 
establish an advisory body to be known as the Task Force on Essential 
Capabilities for First Responders not later than 60 days after the date 
of the enactment of this section.
    ``(b) Draft Report.--
            ``(1) In general.--The Task Force shall submit to the 
        Secretary, not later than one year after its establishment by 
        the Secretary under subsection (a) and every 3 years 
        thereafter, a draft report on its recommendations for the 
        essential capabilities all State and local government first 
        responders should possess, or to which they should have access, 
        to enhance terrorism preparedness, including--
                    ``(A) to prevent a terrorist attack;
                    ``(B) to protect persons and critical 
                infrastructure against attack; and
                    ``(C) to enhance terrorism response and mitigation 
                capabilities if such an attack occurs.
            ``(2) Threats to be considered in determining essential 
        capabilities.--
                    ``(A) In general.--In reporting to the Secretary on 
                its recommendations for essential capabilities, the 
                Task Force specifically shall consider the critical 
                infrastructure sectors described in section 1802(c)(2), 
                and the threats to populations in all areas of the 
                Nation, urban and rural, including the following:
                            ``(i) Biological threats.
                            ``(ii) Nuclear threats.
                            ``(iii) Radiological threats.
                            ``(iv) Incendiary threats.
                            ``(v) Chemical threats.
                            ``(vi) Explosives.
                            ``(vii) Suicide bombers.
                            ``(viii) Cyber threats.
                            ``(ix) Any other threats based on proximity 
                        to specific past acts of terrorism or the known 
                        activity of any terrorist group.
                    ``(B) No priority.--The order in which the threats 
                are listed in subparagraph (A) shall not be construed 
                as an order of priority for consideration of the 
                importance of such threats.
            ``(3) Risk-based.--The draft report shall be based upon the 
        most current risk assessment available by the Directorate for 
        Information Analysis and Infrastructure Protection of the 
        threats of terrorism against the United States provided to the 
        Task Force pursuant to subsection (d).
            ``(4) Contents.--The draft report shall--
                    ``(A) include a priority ranking of essential 
                capabilities, in order to provide guidance to the 
                Secretary and to the Congress on determining the 
                appropriate allocation of, and funding levels for, 
                first responder needs;
                    ``(B) set forth a methodology by which any State or 
                local government will be able to determine the extent 
                to which it possesses or has access to the essential 
                capabilities that States and local governments having 
                similar risks should obtain;
                    ``(C) describe the availability of national 
                voluntary consensus standards, and whether there is a 
                need for new national voluntary consensus standards, 
                with respect to first responder training and equipment;
                    ``(D) include such additional matters as the 
                Secretary may specify in order to further the terrorism 
                preparedness capabilities of first responders; and
                    ``(E) include such revisions to the contents of 
                past reports as are necessary to take into account 
                changes in the most current risk assessment available 
                by the Directorate for Information Analysis and 
                Infrastructure Protection or other relevant information 
                as determined by the Secretary.
    ``(c) Review and Revision of Draft Report.--
            ``(1) Review and comments.--Within 30 days after the date 
        of the submission of the draft report by the Task Force under 
        subsection (b), the Secretary shall review and provide comments 
        to the Task Force on the contents of the draft report.
            ``(2) Revision and submission of final report.--Within 30 
        days after receiving the Secretary's comments, the Task Force 
        shall--
                    ``(A) revise its draft report based on the comments 
                provided by the Secretary, and any other comments it 
                has solicited and received, if the Task Force 
                determines that such revisions are appropriate; and
                    ``(B) submit the final report on essential 
                capabilities to the Secretary and to the Congress.
    ``(d) Task Force Access to Information.--
            ``(1) Security clearances.--For purposes of carrying out 
        its responsibilities under this section, the Task Force shall 
        be provided as a matter of priority appropriate security 
        clearances, including interim security clearances.
            ``(2) Access to finished intelligence.--For purposes of 
        carrying out its responsibilities under this section, the Task 
        Force shall be provided access to all finished intelligence and 
        analytic products it may request from the Directorate for 
        Information Analysis and Infrastructure Protection or other 
        sources within the Department concerning the nature and 
        likelihood of terrorist attacks on the territory of the United 
        States.
            ``(3) Access to assessment tools.--For purposes of carrying 
        out its responsibilities under this section, the Task Force 
        shall be provided access to all tools or methodologies 
        currently or formerly used by the Department and its 
        predecessor organizations to assess the preparedness 
        capabilities of State and local governments.
            ``(4) Valid clearances.--Nothing in this section shall be 
        considered to authorize a member of the Task Force to have 
        access to classified information unless that member possesses a 
        valid clearance to receive such information.
    ``(e) Membership.--
            ``(1) In general.--The Task Force shall consist of 25 
        members appointed by the Secretary, and shall--
                    ``(A) represent a cross section of first responder 
                disciplines; and
                    ``(B) include both State and local representatives 
                within each discipline.
            ``(2) Term of members.--Each appointed member of the Task 
        Force shall serve for a term not to exceed 18 months. No 
        individual may be appointed as a member of the Task Force for 
        more than 2 terms.
            ``(3) Selection of members.--The Secretary shall include in 
        the membership of the Task Force--
                    ``(A) members selected from the emergency response 
                field, including firefighters and law enforcement, 
                hazardous materials response, emergency medical 
                services, and emergency management personnel (including 
                public works personnel routinely engaged in emergency 
                response);
                    ``(B) health scientists, emergency and inpatient 
                medical providers, and public health professionals, 
                including experts in emergency health care response to 
                chemical, biological, radiological, and nuclear 
                terrorism, and experts in providing mental health care 
                during emergency response operations;
                    ``(C) experts from Federal, State, and local 
                governments, and the private sector, representing 
                standards-setting organizations, including 
                representation from the voluntary consensus codes and 
                standards development community, particularly those 
                with expertise in firefighting, law enforcement, and 
                emergency medical services delivery; and
                    ``(D) State and local officials with expertise in 
                terrorism preparedness, subject to the condition that 
                if any such officials are elected officials, an equal 
                number shall be selected from each of the two major 
                political parties.
            ``(4) Ex officio members.--The Secretary shall designate 
        one or more officers of the Department to serve as ex officio 
        members of the Task Force, one of whom shall be the designated 
        officer of the Federal Government for purposes of subsection 
        (e) of section 10 of the Federal Advisory Committee Act.
            ``(5) Diversity in composition of task force.--In 
        appointing members to the Task Force, the Secretary shall 
        ensure, to the extent practicable, that its membership--
                    ``(A) is geographically diverse;
                    ``(B) includes representatives from both rural and 
                urban jurisdictions;
                    ``(C) includes representatives from both management 
                and labor;
                    ``(D) includes representatives from both uniformed 
                and nonuniformed professions;
                    ``(E) includes representatives from both voluntary 
                and professional services;
                    ``(F) includes representatives from both government 
                and nongovernment emergency medical services; and
                    ``(G) includes sufficient personnel with security 
                clearances necessary to review classified materials 
                that may be needed to conduct the business of the Task 
                Force.
            ``(6) Chair.--At the first meeting of the Task Force, the 
        membership of the Task Force appointed under paragraph (3) 
        shall elect a chair of the Task Force.
    ``(f) Meetings.--The Task Force shall meet as often as necessary to 
complete reports in accordance with this section.
    ``(g) Pay.--
            ``(1) In general.--Members of the Task Force shall serve 
        without pay by reason of their work on the Task Force.
            ``(2) Federal officers and employees.--Members of the Task 
        Force who are officers or employees of the United States shall 
        receive no additional pay by reason of their service as a 
        member of the Task Force.
    ``(h) Travel Expenses.--Members of the Task Force shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Task Force.
    ``(i) Services, Funds, and Staff.--The Secretary shall provide to 
the Task Force, on a non-reimbursable basis, such administrative 
services, funds, staff, facilities, and other support services as the 
Secretary determines necessary, in consultation with the chair of the 
Task Force, for the Task Force to perform its duties efficiently and in 
accordance with this section.
    ``(j) Details.--Upon the request of the Task Force, the Secretary 
may detail, without reimbursement, any personnel of the Department to 
assist the Task Force in carrying out its duties. Any such detail of an 
employee shall be without interruption or loss of civil service status 
or privilege.
    ``(k) Applicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.), including subsections (a), (b), 
and (d) of section 10 of such Act, and section 552b(c) of title 5, 
United States Code, shall apply to the Task Force.

``SEC. 1804. COVERED GRANT ELIGIBILITY AND CRITERIA.

    ``(a) Grant Eligibility.--Any State or region shall be eligible to 
apply for a covered grant.
    ``(b) Grant Criteria.--In awarding covered grants, the Secretary 
shall assist States and local governments in achieving the essential 
capabilities for first responders established by the Secretary under 
section 1802.
    ``(c) State Homeland Security Plans.--
            ``(1) Submission of plans.--The Secretary shall require 
        that any State applying to the Secretary for a covered grant 
        must submit to the Secretary a 3-year State homeland security 
        plan that--
                    ``(A) demonstrates the extent to which the State 
                has achieved the essential capabilities that apply to 
                the State, and describes the extent to which the State 
                used the methodology developed pursuant to section 
                1803(b)(4)(B) to evaluate the level of its essential 
                capabilities;
                    ``(B) demonstrates the additional needs of the 
                State necessary to achieve the essential capabilities 
                that apply to the State;
                    ``(C) includes a prioritization of such additional 
                needs based on threat, vulnerability, and consequence 
                assessment factors applicable to the State;
                    ``(D) describes how the State intends--
                            ``(i) to address such additional needs at 
                        the city, county, regional, State, and 
                        interstate level;
                            ``(ii) to use all Federal, State, and local 
                        resources available for the purpose of 
                        addressing such additional needs; and
                            ``(iii) to give particular emphasis to 
                        regional planning and cooperation, both within 
                        its jurisdictional borders and with neighboring 
                        States; and
                    ``(E) is developed in consultation with and subject 
                to appropriate comment by local governments within the 
                State.
            ``(2) Approval by secretary.--The Secretary may not award 
        any covered grant to a State unless the Secretary has approved 
        the applicable State homeland security plan.
    ``(d) Consistency With State Plans.--The Secretary shall ensure 
that each covered grant is used to supplement and support, in a 
consistent and coordinated manner, the applicable State homeland 
security plan or plans.
    ``(e) Application for Grant.--
            ``(1) In general.--Any State or region may apply for a 
        covered grant by submitting to the Secretary an application at 
        such time, in such manner, and containing such information as 
        is required under this subsection, or as the Secretary may 
        reasonably require.
            ``(2) Deadlines for applications and awards.--All 
        applications for covered grants must be submitted to the 
        Secretary no later than February 15 of the fiscal year for 
        which they are submitted. The Secretary shall award covered 
        grants pursuant to all approved applications for such fiscal 
        year as soon as practicable, but not later than July 31 of such 
        year.
            ``(3) Availability of funds.--All funds awarded by the 
        Secretary under covered grants in a fiscal year shall be 
        available for obligation through the end of the subsequent 
        fiscal year.
            ``(4) Minimum contents of application.--The Secretary shall 
        require that each applicant include in its application, at a 
        minimum--
                    ``(A) the purpose for which the applicant seeks 
                covered grant funds and the reasons why the applicant 
                needs the covered grant to meet the essential 
                capabilities for terrorism preparedness within the 
                State or region to which the application pertains;
                    ``(B) a description of how, by reference to the 
                applicable State homeland security plan or plans under 
                subsection (c), the allocation of grant funding 
                proposed in the application, including, where 
                applicable, the amount not passed through under section 
                1805(e)(1), would assist in fulfilling the essential 
                capabilities specified in such plan or plans;
                    ``(C) a statement of whether a mutual aid agreement 
                applies to the use of all or any portion of the covered 
                grant funds;
                    ``(D) if the applicant is a region--
                            ``(i) a precise geographical description of 
                        the region and a specification of all 
                        participating and nonparticipating local 
                        governments within the geographical area 
                        comprising that region;
                            ``(ii) a specification of what governmental 
                        entity within the region will administer the 
                        expenditure of funds under the covered grant; 
                        and
                            ``(iii) a designation of a specific 
                        individual to serve as regional liaison;
                    ``(E) a capital budget showing how the applicant 
                intends to allocate and expend the covered grant funds; 
                and
                    ``(F) a statement of how the applicant intends to 
                meet the matching requirement, if any, that applies 
                under section 1805(e)(2).
            ``(5) Regional applications.--
                    ``(A) Submission to state or states.--To ensure the 
                consistency required under subsection (d), an applicant 
                that is a region must simultaneously submit its 
                application to the Department and to each State of 
                which any part is included in the region.
                    ``(B) Opportunity for state comment.--Before 
                awarding any covered grant to a region, the Secretary 
                shall provide an opportunity to each State of which any 
                part is included in a region, during the 30-day period 
                beginning on the date on which the region submits an 
                application for a covered grant, to comment to the 
                Secretary on the consistency of the region's plan with 
                the State's homeland security plan.
                    ``(C) Final authority.--The Secretary shall have 
                final authority to determine the consistency of any 
                regional application with the applicable State homeland 
                security plan or plans and approve any regional 
                application. The Secretary shall notify each State of 
                which any part is included in a region of the approval 
                of a regional application for that region.
                    ``(D) Regional liaisons.--A regional liaison 
                designated under paragraph (4)(D)(iii) shall--
                            ``(i) coordinate with Federal, State, 
                        local, regional, and private officials within 
                        the region concerning terrorism preparedness;
                            ``(ii) develop a process for receiving 
                        input from Federal, State, local, regional, and 
                        private sector officials within the region to 
                        assist in the development of the regional 
                        application and to improve the region's access 
                        to covered grants; and
                            ``(iii) administer, in consultation with 
                        State, local, regional, and private officials 
                        within the region, covered grants awarded to 
                        the region.
            ``(6) Equipment standards.--If an applicant for a covered 
        grant proposes to upgrade or purchase, with assistance provided 
        under the grant, new equipment or systems that do not meet or 
        exceed any applicable national voluntary consensus standards 
        established by the Secretary under section 1806(a), the 
        applicant shall include in the application an explanation of 
        why such equipment or systems will serve the needs of the 
        applicant better than equipment or systems that meet or exceed 
        such standards.
    ``(f) First Responder Grants Board.--
            ``(1) Establishment of board.--The Secretary shall 
        establish a First Responder Grants Board, consisting of--
                    ``(A) the Secretary;
                    ``(B) the Under Secretary for Emergency 
                Preparedness and Response;
                    ``(C) the Under Secretary for Border and 
                Transportation Security;
                    ``(D) the Under Secretary for Information Analysis 
                and Infrastructure Protection;
                    ``(E) the Under Secretary for Science and 
                Technology; and
                    ``(F) the Director of the Office for Domestic 
                Preparedness.
            ``(2) Chairman.--
                    ``(A) In general.--The Secretary shall be the 
                Chairman of the Board.
                    ``(B) Exercise of authorities by deputy 
                secretary.--The Deputy Secretary of Homeland Security 
                may exercise the authorities of the Chairman, if the 
                Secretary so directs.
            ``(3) Ranking of grant applications.--
                    ``(A) Prioritization of grants.--The Board shall 
                evaluate and annually prioritize all pending 
                applications for covered grants based upon the degree 
                to which they would lessen the threat to, vulnerability 
                of, and consequences for persons and critical 
                infrastructure.
                    ``(B) Achieving nationwide capability.--In 
                evaluating and prioritizing grant applications under 
                subparagraph (A), the Board shall--
                            ``(i) seek to achieve and enhance essential 
                        capabilities throughout the Nation; and
                            ``(ii) seek to allocate a portion of the 
                        funds available for covered grants each fiscal 
                        year for the purpose of making covered grants 
                        to each approved applicant that the Board 
                        determines has demonstrated a valid need in its 
                        application.
            ``(4) Functions of under secretaries.--The Under 
        Secretaries referred to in paragraph (1) shall seek to ensure 
        that the relevant expertise and input of the staff of their 
        directorates are available to and considered by the Board.

``SEC. 1805. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

    ``(a) In General.--A covered grant may be used for--
            ``(1) purchasing or upgrading equipment, including computer 
        software, to enhance terrorism preparedness and response;
            ``(2) exercises to strengthen terrorism preparedness and 
        response;
            ``(3) training for prevention (including detection) of, 
        preparedness for, or response to attacks involving weapons of 
        mass destruction, including training in the use of equipment 
        and computer software;
            ``(4) developing or updating response plans;
            ``(5) establishing or enhancing mechanisms for sharing 
        terrorism threat information pursuant to this Act;
            ``(6) systems architecture and engineering, program 
        planning and management, strategy formulation and strategic 
        planning, life-cycle systems design, product and technology 
        evaluation, and prototype development for terrorism 
        preparedness and response purposes;
            ``(7) additional personnel costs resulting from--
                    ``(A) elevations in the threat alert level of the 
                Homeland Security Advisory System;
                    ``(B) travel to and participation in exercises and 
                training in the use of equipment and on prevention 
                activities; and
                    ``(C) the temporary replacement of personnel during 
                any period of travel to and participation in exercises 
                and training in the use of equipment and on prevention 
                activities;
            ``(8) the costs of equipment (including software) required 
        to receive, transmit, handle, and store classified information;
            ``(9) enhancing facilities to serve as operations centers, 
        or hardening critical infrastructure against potential attack 
        by the addition of barriers, fences, gates, and other such 
        devices;
            ``(10) the costs of commercially available equipment that 
        complies with, where applicable, national voluntary consensus 
        standards, and that facilitates interoperability, coordination, 
        and integration between emergency communications systems, 
        including--
                    ``(A) mobile vehicles that contain equipment such 
                as commercial telephone trunk lines, VHF and UHF 
                radios, patch panels, and crosspatches, among other 
                technologies and equipment; and
                    ``(B) communications system overlay software and 
                hardware that allow multiple disparate communications 
                networks to act as one network;
            ``(11) educational curricula development for first 
        responders to ensure that they are prepared for terrorist 
        attacks;
            ``(12) training and exercises to assist public elementary 
        and secondary schools in developing and implementing programs 
        to instruct students regarding age-appropriate skills to 
        prepare for and respond to an act of terrorism; and
            ``(13) other appropriate activities as determined by the 
        Secretary.
    ``(b) Prohibited Uses.--Funds provided as a covered grant may not 
be used--
            ``(1) to supplant State or local funds for, or otherwise 
        support, traditional missions of State and local law 
        enforcement, firefighters, emergency medical services, or 
        public health agencies, unless such support serves a dual 
        purpose and the funds are primarily intended to enhance 
        terrorism preparedness;
            ``(2) to construct buildings or other physical facilities;
            ``(3) to acquire land; or
            ``(4) for any State or local government cost sharing 
        contribution.
    ``(c) Assistance Requirement.--The Secretary may not request that 
equipment paid for, wholly or in part, with funds provided as a covered 
grant be made available for responding to emergencies in surrounding 
States, regions, and localities, unless the Secretary undertakes to pay 
the costs directly attributable to transporting and operating such 
equipment during such response.
    ``(d) Flexibility in Unspent Homeland Security Grant Funds.--Upon 
request by the recipient of a covered grant, the Secretary may 
authorize the grantee to transfer all or part of funds provided as the 
covered grant from uses specified in the grant agreement to other uses 
authorized under this section, if the Secretary determines that such 
transfer is in the interests of homeland security.
    ``(e) State and Regional Responsibilities.--
            ``(1) Pass-through.--The Secretary shall require a 
        recipient of a covered grant that is a State to obligate or 
        otherwise make available to local governments, first 
        responders, and other local groups, to the extent required 
        under the State homeland security plan or plans specified in 
        the application for the grant, not less than 80 percent of the 
        grant funds, resources purchased with the grant funds having a 
        value equal to at least 80 percent of the amount of the grant, 
        or a combination thereof, by not later than the end of the 45-
        day period beginning on the date the grant recipient receives 
        the grant funds.
            ``(2) Cost sharing.--
                    ``(A) In general.--The Federal share of the costs 
                of an activity carried out with a covered grant to a 
                State or region awarded after the 2-year period 
                beginning on the date of the enactment of this section 
                shall not exceed 75 percent.
                    ``(B) Interim rule.--The Federal share of the costs 
                of an activity carried out with a covered grant awarded 
                before the end of the 2-year period beginning on the 
                date of the enactment of this section shall be 100 
                percent.
                    ``(C) In-kind matching.--Each recipient of a 
                covered grant may meet the matching requirement under 
                subparagraph (A) by making in-kind contributions of 
                goods or services that are directly linked with the 
                purpose for which the grant is made, including, but not 
                limited to, any necessary personnel overtime, 
                contractor services, administrative costs, equipment 
                fuel and maintenance, and rental space.
            ``(3) Certifications regarding distribution of grant funds 
        to local governments.--Any State that receives a covered grant 
        shall certify to the Secretary, by not later than 30 days after 
        the expiration of the period described in paragraph (1) with 
        respect to the grant, that the State has made available for 
        expenditure by local governments, first responders, and other 
        local groups the required amount of grant funds pursuant to 
        paragraph (1).
            ``(4) Report on homeland security spending.--Each recipient 
        of a covered grant shall submit a report to the Secretary not 
        later than 60 days after the end of each fiscal year. Each 
        recipient of a covered grant that is a region must 
        simultaneously submit its report to each State of which any 
        part is included in the region. Each report must include the 
        following:
                    ``(A) The amount, ultimate recipients, and dates of 
                receipt of all funds received under the grant during 
                the previous fiscal year.
                    ``(B) The amount and the dates of disbursements of 
                all such funds expended in compliance with paragraph 
                (1) or pursuant to mutual aid agreements or other 
                sharing arrangements that apply within the State or 
                region, as applicable, during the previous fiscal year.
                    ``(C) How the funds were utilized by each ultimate 
                recipient or beneficiary during the preceding fiscal 
                year.
                    ``(D) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans were achieved or enhanced as the result 
                of the expenditure of grant funds during the preceding 
                fiscal year.
                    ``(E) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans remain unmet.
            ``(5) Inclusion of restricted annexes.--A recipient of a 
        covered grant may submit to the Secretary an annex to the 
        report under paragraph (4) that is subject to appropriate 
        handling restrictions, if the recipient believes that 
        discussion in the report of unmet needs would reveal sensitive 
        but unclassified information.
            ``(6) Provision of reports.--The Secretary shall ensure 
        that each report under paragraph (4) is provided to the Under 
        Secretary for Emergency Preparedness and Response and the 
        Director of the Office for Domestic Preparedness.
    ``(f) Incentives to Efficient Administration of Homeland Security 
Grants.--
            ``(1) Penalties for delay in passing through local share.--
        If a recipient of a covered grant that is a State fails to pass 
        through to local governments, first responders, and other local 
        groups funds or resources required by subsection (e)(1) within 
        45 days after receiving funds under the grant, the Secretary 
        may--
                    ``(A) reduce grant payments to the grant recipient 
                from the portion of grant funds that is not required to 
                be passed through under subsection (e)(1);
                    ``(B) terminate payment of funds under the grant to 
                the recipient, and transfer the appropriate portion of 
                those funds directly to local first responders that 
                were intended to receive funding under that grant; or
                    ``(C) impose additional restrictions or burdens on 
                the recipient's use of funds under the grant, which may 
                include--
                            ``(i) prohibiting use of such funds to pay 
                        the grant recipient's grant-related overtime or 
                        other expenses;
                            ``(ii) requiring the grant recipient to 
                        distribute to local government beneficiaries 
                        all or a portion of grant funds that are not 
                        required to be passed through under subsection 
                        (e)(1); or
                            ``(iii) for each day that the grant 
                        recipient fails to pass through funds or 
                        resources in accordance with subsection (e)(1), 
                        reducing grant payments to the grant recipient 
                        from the portion of grant funds that is not 
                        required to be passed through under subsection 
                        (e)(1), except that the total amount of such 
                        reduction may not exceed 20 percent of the 
                        total amount of the grant.
            ``(2) Extension of period.--The Governor of a State may 
        request in writing that the Secretary extend the 45-day period 
        under paragraph (1) for an additional 15-day period. The 
        Secretary may approve such a request, and may extend such 
        period for additional 15-day periods, if the Secretary 
        determines that the resulting delay in providing grant funding 
        to the local government entities that will receive funding 
        under the grant will not have a significant detrimental impact 
        on such entities' terrorism preparedness efforts.
            ``(3) Provision of non-local share to local government.--
                    ``(A) In general.--The Secretary may upon request 
                by a local government pay to the local government a 
                portion of the amount of a covered grant awarded to a 
                State in which the local government is located, if--
                            ``(i) the local government will use the 
                        amount paid to expedite planned enhancements to 
                        its terrorism preparedness as described in any 
                        applicable State homeland security plan or 
                        plans;
                            ``(ii) the State has failed to pass through 
                        funds or resources in accordance with 
                        subsection (e)(1); and
                            ``(iii) the local government complies with 
                        subparagraphs (B) and (C).
                    ``(B) Showing required.--To receive a payment under 
                this paragraph, a local government must demonstrate 
                that--
                            ``(i) it is identified explicitly as an 
                        ultimate recipient or intended beneficiary in 
                        the approved grant application;
                            ``(ii) it was intended by the grantee to 
                        receive a severable portion of the overall 
                        grant for a specific purpose that is identified 
                        in the grant application;
                            ``(iii) it petitioned the grantee for the 
                        funds or resources after expiration of the 
                        period within which the funds or resources were 
                        required to be passed through under subsection 
                        (e)(1); and
                            ``(iv) it did not receive the portion of 
                        the overall grant that was earmarked or 
                        designated for its use or benefit.
                    ``(C) Effect of payment.--Payment of grant funds to 
                a local government under this paragraph--
                            ``(i) shall not affect any payment to 
                        another local government under this paragraph; 
                        and
                            ``(ii) shall not prejudice consideration of 
                        a request for payment under this paragraph that 
                        is submitted by another local government.
                    ``(D) Deadline for action by secretary.--The 
                Secretary shall approve or disapprove each request for 
                payment under this paragraph by not later than 15 days 
                after the date the request is received by the 
                Department.
    ``(g) Reports to Congress.--The Secretary shall submit an annual 
report to the Congress by December 31 of each year--
            ``(1) describing in detail the amount of Federal funds 
        provided as covered grants that were directed to each State and 
        region in the preceding fiscal year;
            ``(2) containing information on the use of such grant funds 
        by grantees; and
            ``(3) describing, on a nationwide and State-by-State 
        basis--
                    ``(A) the extent to which essential capabilities 
                identified in applicable State homeland security plan 
                or plans were created or enhanced as the result of the 
                expenditure of covered grant funds during the preceding 
                fiscal year;
                    ``(B) the extent to which essential capabilities 
                identified in applicable State homeland security plan 
                or plans remain unmet; and
                    ``(C) an estimate of the amount of Federal, State, 
                and local expenditures required to attain across the 
                United States the essential capabilities established 
                under section 1802(a).

``SEC. 1806. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND 
              TRAINING.

    ``(a) Equipment Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretary for Science and Technology and the Director of 
        the Office for Domestic Preparedness, shall, not later than 6 
        months after the date of enactment of this section, support the 
        development of, promulgate, and update as necessary national 
        voluntary consensus standards for the performance, use, and 
        validation of first responder equipment for purposes of section 
        1804(e)(6). Such standards--
                    ``(A) shall be, to the maximum extent practicable, 
                consistent with any existing voluntary consensus 
                standards;
                    ``(B) shall take into account, as appropriate, new 
                types of terrorism threats that may not have been 
                contemplated when such existing standards were 
                developed; and
                    ``(C) shall be focused on maximizing 
                interoperability, interchangeability, durability, 
                flexibility, efficiency, efficacy, portability, 
                sustainability, and safety.
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary shall specifically consider the following 
        categories of first responder equipment:
                    ``(A) Thermal imaging equipment.
                    ``(B) Radiation detection and analysis equipment.
                    ``(C) Biological detection and analysis equipment.
                    ``(D) Chemical detection and analysis equipment.
                    ``(E) Decontamination and sterilization equipment.
                    ``(F) Personal protective equipment, including 
                garments, boots, gloves, and hoods and other protective 
                clothing.
                    ``(G) Respiratory protection equipment.
                    ``(H) Interoperable communications, including 
                wireless and wireline voice, video, and data networks.
                    ``(I) Explosive mitigation devices and explosive 
                detection and analysis equipment.
                    ``(J) Containment vessels.
                    ``(K) Contaminant-resistant vehicles.
                    ``(L) Such other equipment for which the Secretary 
                determines that national voluntary consensus standards 
                would be appropriate.
    ``(b) Training Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology and the Director of the Office for 
        Domestic Preparedness, shall support the development of, 
        promulgate, and regularly update as necessary national 
        voluntary consensus standards for first responder training 
        carried out with amounts provided under covered grant programs, 
        that will enable State and local government first responders to 
        achieve optimal levels of terrorism preparedness as quickly as 
        practicable. Such standards shall give priority to providing 
        training to--
                    ``(A) enable first responders to prevent, prepare 
                for, respond to, and mitigate terrorist threats, 
                including threats from chemical, biological, nuclear, 
                and radiological weapons and explosive devices capable 
                of inflicting significant human casualties; and
                    ``(B) familiarize first responders with the proper 
                use of equipment, including software, developed 
                pursuant to the standards established under subsection 
                (a).
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary specifically shall include the following 
        categories of first responder activities:
                    ``(A) Regional planning.
                    ``(B) Joint exercises.
                    ``(C) Intelligence collection, analysis, and 
                sharing.
                    ``(D) Emergency notification of affected 
                populations.
                    ``(E) Detection of biological, nuclear, 
                radiological, and chemical weapons of mass destruction.
                    ``(F) Such other activities for which the Secretary 
                determines that national voluntary consensus training 
                standards would be appropriate.
    ``(c) Consultation With Standards Organizations.--In establishing 
national voluntary consensus standards for first responder equipment 
and training under this section, the Secretary shall consult with 
relevant public and private sector groups, including--
            ``(1) the National Institute of Standards and Technology;
            ``(2) the National Fire Protection Association;
            ``(3) the National Association of County and City Health 
        Officials;
            ``(4) the Association of State and Territorial Health 
        Officials;
            ``(5) the American National Standards Institute;
            ``(6) the National Institute of Justice;
            ``(7) the Inter-Agency Board for Equipment Standardization 
        and Interoperability;
            ``(8) the National Public Health Performance Standards 
        Program;
            ``(9) the National Institute for Occupational Safety and 
        Health;
            ``(10) ASTM International; and
            ``(11) to the extent the Secretary considers appropriate, 
        other national voluntary consensus standards development 
        organizations, other interested Federal, State, and local 
        agencies, and other interested persons.

``SEC. 1807. DEFINITIONS.

    ``In this title:
            ``(1) Board.--The term `Board' means the First Responder 
        Grants Board established under section 1804(f).
            ``(2) Covered grant.--The term `covered grant' means any 
        grant to which this title applies under section 1801.
            ``(3) Elevations in the threat alert level.--The term 
        `elevations in the threat alert level' means any designation 
        (including those that are less than national in scope) that 
        raises the homeland security threat level to either the highest 
        or second highest threat level under the Homeland Security 
        Advisory System referred to in section 201(d)(7).
            ``(4) Essential capabilities.--The term `essential 
        capabilities' means the levels, availability, and competence of 
        emergency personnel, planning, training, and equipment across a 
        variety of disciplines needed to effectively and efficiently 
        prevent, prepare for, and respond to acts of terrorism 
        consistent with established practices.
            ``(5) Region.--The term `region' means--
                    ``(A) any geographic area consisting of all or 
                parts of 2 or more contiguous States, counties, 
                municipalities, or other local governments that have a 
                combined population of at least 1,650,000 or have an 
                area of not less than 20,000 square miles, and that, 
                for purposes of an application for a covered grant, is 
                represented by 1 or more governments or governmental 
                agencies within such geographic area, and that is 
                established by law or by agreement of 2 or more such 
                governments or governmental agencies in a mutual aid 
                agreement; or
                    ``(B) any other combination of contiguous local 
                government units (including such a combination 
                established by law or agreement of two or more 
                governments or governmental agencies in a mutual aid 
                agreement) that is formally certified by the Secretary 
                as a region for purposes of this Act with the consent 
                of--
                            ``(i) the State or States in which they are 
                        located, including a multi-State entity 
                        established by a compact between two or more 
                        States; and
                            ``(ii) the incorporated municipalities, 
                        counties, and parishes which they encompass.
            ``(6) Task force.--The term `Task Force' means the Task 
        Force on Essential Capabilities for First Responders 
        established under section 1803.
            ``(7) First responder.--The term `first responder' shall 
        have the same meaning as the term `emergency response 
        provider'.''.
    (b) Definition of Emergency Response Providers.--Section 2(6) of 
the Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 101(6)) 
is amended by inserting ``fire,'' after ``law enforcement,''.
    (c) Temporary Limitation on Application.--The following provisions 
of title XVIII of the Homeland Security Act of 2002, as amended by 
subsection (a), shall not apply during the 2 year period beginning on 
the date of the enactment of this Act:
            (1) Subsections (b), (c), (e) (except paragraph (5) of such 
        subsection), and (f)(3)(B) of section 1804.
            (2) Subparagraphs (D) and (E) of section 1805(e)(4).
            (3) Section 1805(g)(3).

SEC. 4. MODIFICATION OF HOMELAND SECURITY ADVISORY SYSTEM.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (Public Law 107-296; 6 U.S.C. 121 et seq.) is amended by 
adding at the end the following:

``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.

    ``(a) In General.--The Secretary shall revise the Homeland Security 
Advisory System referred to in section 201(d)(7) to require that any 
designation of a threat level or other warning shall be accompanied by 
a designation of the geographic regions or economic sectors to which 
the designation applies.
    ``(b) Reports.--The Secretary shall report to the Congress annually 
by not later than December 31 each year regarding the geographic 
region-specific warnings and economic sector-specific warnings issued 
during the preceding fiscal year under the Homeland Security Advisory 
System referred to in section 201(d)(7), and the bases for such 
warnings. The report shall be submitted in unclassified form and may, 
as necessary, include a classified annex.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 202 the following:

``203. Homeland Security Advisory System.''.

SEC. 5. COORDINATION OF INDUSTRY EFFORTS.

    Section 102(f) of the Homeland Security Act of 2002 (Public Law 
107-296; 6 U.S.C. 112(f)) is amended by striking ``and'' after the 
semicolon at the end of paragraph (6), by striking the period at the 
end of paragraph (7) and inserting ``; and'', and by adding at the end 
the following:
            ``(8) coordinating industry efforts to identify private 
        sector resources and capabilities that could be effective in 
        supplementing Federal, State, and local government agency 
        efforts to prevent or respond to a terrorist attack.''.

SEC. 6. SUPERSEDED PROVISION.

    This Act supersedes section 1014 of Public Law 107-56.

SEC. 7. SENSE OF CONGRESS REGARDING INTEROPERABLE COMMUNICATIONS.

    (a) Finding.--The Congress finds that--
            (1) many first responders working in the same jurisdiction 
        or in different jurisdictions cannot effectively and 
        efficiently communicate with one another, and
            (2) their inability to do so threatens the public's safety 
        and may result in unnecessary loss of lives and property.
    (b) Sense of Congress.--It is the sense of the Congress that it is 
of national importance that interoperable emergency communications 
systems that to the extent possible meet national voluntary consensus 
standards should be developed and promulgated as soon as practicable 
for use by the first responder community.

SEC. 8. SENSE OF CONGRESS REGARDING CITIZEN CORPS COUNCILS.

    (a) Finding.--The Congress finds that Citizen Corps councils help 
to enhance local citizen participation in terrorism preparedness by 
coordinating multiple Citizen Corps programs, developing community 
action plans, assessing possible threats, and identifying local 
resources.
    (b) Sense of Congress.--It is the sense of the Congress that 
individual Citizen Corps councils should seek to enhance the 
preparedness and response capabilities of all organizations 
participating in the councils, including by providing funding to as 
many of their participating organizations as practicable to promote 
local terrorism preparedness programs.

SEC. 9. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.

    (a) Study.--The Secretary of Homeland Security, in consultation 
with the heads of other appropriate Federal agencies and 
representatives of providers and participants in the telecommunications 
industry, shall conduct a study to determine whether it is cost-
effective, efficient, or feasible to establish and implement an 
emergency telephonic alert notification system that will--
            (1) alert persons in the United States of imminent or 
        current hazardous events caused by acts of terrorism; and
            (2) provide information to individuals regarding 
        appropriate measures that may be undertaken to alleviate or 
        minimize threats to their safety and welfare posed by such 
        events.
    (b) Technologies to Consider.--In conducting the study, the 
Secretary shall consider the use of the telephone, wireless 
communications, and other existing communications networks to provide 
such notification.
    (c) Report.--Not later than 9 months after the date of the 
enactment of this Act, the Secretary shall submit to the Congress a 
report regarding the conclusions of the study.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    For making covered grants (as that term is defined in section 1807 
of the Homeland Security Act of 2002, as amended by this Act) there is 
authorized to be appropriated to the Secretary of Homeland Security 
$3,400,000,000 for fiscal year 2006.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Faster and Smarter 
Funding for First Responders Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Faster and Smarter Funding for First Responders.
              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

        ``1801. Faster and smarter funding for first responders.
        ``1802. Essential capabilities for first responders.
        ``1803. Covered grant eligibility and criteria.
        ``1804. Use of funds and accountability requirements.
        ``1805. National standards for first responder equipment and 
                            training.
        ``1806. Definitions.
Sec. 4. Modification of Homeland Security Advisory System.
        ``Sec. 203. Homeland Security Advisory System.
Sec. 5. Coordination of industry efforts.
Sec. 6. Superseded provision.
Sec. 7. Sense of Congress regarding interoperable communications.
Sec. 8. Sense of Congress regarding Citizen Corps councils.
Sec. 9. Study regarding nationwide emergency notification system.
Sec. 10. Authorization of appropriations.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) In order to achieve its objective of minimizing the 
        damage, and assisting in the recovery, from terrorist attacks, 
        the Department of Homeland Security must play a leading role in 
        assisting communities to reach the level of preparedness they 
        need to respond to a terrorist attack.
            (2) First responder funding is not reaching the men and 
        women of our Nation's first response teams quickly enough, and 
        sometimes not at all.
            (3) To reform the current bureaucratic process so that 
        homeland security dollars reach the first responders who need 
        it most, it is necessary to clarify and consolidate the 
        authority and procedures of the Department of Homeland Security 
        to support first responders.
            (4) Ensuring adequate resources for the new national 
        mission of homeland security requires a discrete and separate 
        grant making process for homeland security funds for first 
        response to terrorist acts, on the one hand, and for first 
        responder programs designed to meet pre-9/11 priorities, on the 
        other.
            (5) Homeland security grants to first responders must be 
        based on the best intelligence concerning the capabilities and 
        intentions of our terrorist enemies, and that intelligence must 
        be used to target resources to the Nation's greatest risks, 
        vulnerabilities, and consequences.
            (6) The Nation's first response capabilities will be 
        improved by sharing resources, training, planning, personnel, 
        and equipment among neighboring jurisdictions through mutual 
        aid agreements and regional cooperation. Such regional 
        cooperation should be supported, where appropriate, through 
        direct grants from the Department of Homeland Security.
            (7) An essential prerequisite to achieving the Nation's 
        homeland security objectives for first responders is the 
        establishment of well-defined national goals for terrorism 
        preparedness. These goals should delineate the essential 
        capabilities that every jurisdiction in the United States 
        should possess or to which it should have access.
            (8) A national determination of essential capabilities is 
        needed to identify levels of State and local government 
        terrorism preparedness, to determine the nature and extent of 
        State and local first responder needs, to identify the human 
        and financial resources required to fulfill them, and to direct 
        funding to meet those needs and to measure preparedness levels 
        on a national scale.
            (9) To facilitate progress in attaining essential 
        capabilities for State and local first responders, the 
        Department of Homeland Security should seek to allocate 
        homeland security funding for first responders to meet 
        nationwide needs.
            (10) Private sector resources and citizen volunteers can 
        perform critical functions in assisting in preventing and 
        responding to terrorist attacks, and should be integrated into 
        State and local planning efforts to ensure that their 
        capabilities and roles are understood, so as to provide 
        enhanced State and local operational capability and surge 
        capacity.
            (11) Public-private partnerships, such as the partnerships 
        between the Business Executives for National Security and the 
        States of New Jersey and Georgia, can be useful to identify and 
        coordinate private sector support for State and local first 
        responders. Such models should be expanded to cover all States 
        and territories.
            (12) An important component of national standards is 
        measurability, so that it is possible to determine how prepared 
        a State or local government is now, and what additional steps 
        it needs to take, in order to respond to acts of terrorism.
            (13) The Department of Homeland Security should establish, 
        publish, and regularly update national voluntary consensus 
        standards for both equipment and training, in cooperation with 
        both public and private sector standard setting organizations, 
        to assist State and local governments in obtaining the 
        equipment and training to attain the essential capabilities for 
        first response to acts of terrorism, and to ensure that first 
        responder funds are spent wisely.

SEC. 3. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    (a) In General.--The Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 361 et seq.) is amended--
            (1) in section 1(b) in the table of contents by adding at 
        the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

``1801. Faster and smarter funding for first responders.
``1802. Essential capabilities for first responders.
``1803. Covered grant eligibility and criteria.
``1804. Use of funds and accountability requirements.
``1805. National standards for first responder equipment and training.
``1806. Definitions.''; and
            (2) by adding at the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

``SEC. 1801. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    ``(a) Covered Grants.--This title applies to any grant provided by 
the Department to States or regions to improve the ability of first 
responders to prevent, prepare for, respond to, or mitigate threatened 
or actual terrorist attacks, especially those involving weapons of mass 
destruction, and including any grant under the following:
            ``(1) State homeland security grant program.--The State 
        Homeland Security Grant Program of the Department, or any 
        successor to such grant program.
            ``(2) Urban area security initiative.--The Urban Area 
        Security Initiative of the Department, or any successor to such 
        grant program.
    ``(b) Excluded Programs.--This title does not apply to or otherwise 
affect the following Federal grant programs or any grant under such a 
program:
            ``(1) Nondepartment programs.--Any Federal grant program 
        that is not administered by the Department.
            ``(2) Fire grant programs.--The fire grant programs 
        authorized by sections 33 and 34 of the Federal Fire Prevention 
        and Control Act of 1974 (15 U.S.C. 2229, 2229a).
            ``(3) Emergency management planning and assistance account 
        grants.--The Emergency Management Performance Grant program and 
        the Urban Search and Rescue Grants program authorized by title 
        VI of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5195 et seq.); the Departments of 
        Veterans Affairs and Housing and Urban Development, and 
        Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 
        et seq.); and the Earthquake Hazards Reduction Act of 1977 (42 
        U.S.C. 7701 et seq.).

``SEC. 1802. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.

    ``(a) Establishment of Essential Capabilities.--
            ``(1) In general.--For purposes of covered grants, the 
        Secretary shall establish clearly defined essential 
        capabilities for State and local government preparedness for 
        terrorism, in consultation with--
                    ``(A) the Under Secretaries for Emergency 
                Preparedness and Response, Border and Transportation 
                Security, Information Analysis and Infrastructure 
                Protection, and Science and Technology, and the 
                Director of the Office for Domestic Preparedness;
                    ``(B) other appropriate Federal agencies;
                    ``(C) State and local first responder agencies and 
                officials; and
                    ``(D) groups responsible for setting standards 
                relevant to the first responder community.
            ``(2) Deadlines.--The Secretary shall--
                    ``(A) establish essential capabilities under 
                paragraph (1) not later than 120 days after the date of 
                the enactment of this section; and
                    ``(B) regularly update such essential capabilities 
                as necessary, but not less than every 3 years.
            ``(3) Provision of essential capabilities.--The Secretary 
        shall ensure that essential capabilities established under 
        paragraph (1) are provided promptly to the States and to the 
        Congress. The States shall make the essential capabilities 
        available as necessary and appropriate to local governments 
        within their jurisdictions.
    ``(b) Objectives.--The Secretary shall ensure that essential 
capabilities established under subsection (a)(1) meet the following 
objectives:
            ``(1) Specificity.--The determination of essential 
        capabilities specifically shall describe the training, 
        planning, personnel, and equipment that different types of 
        communities in the Nation should possess, or to which they 
        should have access, in order to meet the Department's goals for 
        terrorism preparedness based upon--
                    ``(A) the most current risk assessment available by 
                the Directorate for Information Analysis and 
                Infrastructure Protection of the threats of terrorism 
                against the United States; and
                    ``(B) the types of threats, vulnerabilities, 
                geography, size, and other factors that the Secretary 
                has determined to be applicable to each different type 
                of community.
            ``(2) Flexibility.--The establishment of essential 
        capabilities shall be sufficiently flexible to allow State and 
        local government officials to set priorities based on 
        particular needs, while reaching nationally determined 
        terrorism preparedness levels within a specified time period.
            ``(3) Measurability.--The establishment of essential 
        capabilities shall be designed to enable measurement of 
        progress towards specific terrorism preparedness goals.
    ``(c) Threats to Be Considered.--
            ``(1) In general.--In establishing essential capabilities 
        under subsection (a)(1), the Secretary specifically shall 
        consider the variables of threat, vulnerability, and 
        consequences with respect to the Nation's population (including 
        transient commuting and tourist populations) and critical 
        infrastructure. Such consideration shall be based upon the most 
        current risk assessment available by the Directorate for 
        Information Analysis and Infrastructure Protection of the 
        threats of terrorism against the United States.
            ``(2) Critical infrastructure sectors.--The Secretary 
        specifically shall consider threats of terrorism against the 
        following critical infrastructure sectors in all areas of the 
        Nation, urban and rural:
                    ``(A) Agriculture.
                    ``(B) Banking and finance.
                    ``(C) Chemical industries.
                    ``(D) The defense industrial base.
                    ``(E) Emergency services.
                    ``(F) Energy.
                    ``(G) Food.
                    ``(H) Government.
                    ``(I) Postal and shipping.
                    ``(J) Public health.
                    ``(K) Information and telecommunications networks.
                    ``(L) Transportation.
                    ``(M) Water.
        The order in which the critical infrastructure sectors are 
        listed in this paragraph shall not be construed as an order of 
        priority for consideration of the importance of such sectors.
            ``(3) Consideration of additional threats.--In establishing 
        essential capabilities under subsection (a)(1), the Secretary 
        shall take into account any other specific threat to a 
        population (including a transient commuting or tourist 
        population) or critical infrastructure sector that the 
        Secretary has determined to exist.

``SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA.

    ``(a) Grant Eligibility.--Any State or region shall be eligible to 
apply for a covered grant.
    ``(b) Grant Criteria.--In awarding covered grants, the Secretary 
shall assist States and local governments in achieving the essential 
capabilities for first responders established by the Secretary under 
section 1802.
    ``(c) State Homeland Security Plans.--
            ``(1) Submission of plans.--The Secretary shall require 
        that any State applying to the Secretary for a covered grant 
        must submit to the Secretary a 3-year State homeland security 
        plan that--
                    ``(A) demonstrates the extent to which the State 
                has achieved the essential capabilities that apply to 
                the State;
                    ``(B) demonstrates the additional needs of the 
                State necessary to achieve the essential capabilities 
                that apply to the State;
                    ``(C) includes a prioritization of such additional 
                needs based on threat, vulnerability, and consequence 
                assessment factors applicable to the State;
                    ``(D) describes how the State intends--
                            ``(i) to address such additional needs at 
                        the city, county, regional, State, and 
                        interstate level;
                            ``(ii) to use all Federal, State, and local 
                        resources available for the purpose of 
                        addressing such additional needs; and
                            ``(iii) to give particular emphasis to 
                        regional planning and cooperation, both within 
                        its jurisdictional borders and with neighboring 
                        States; and
                    ``(E) is developed in consultation with and subject 
                to appropriate comment by local governments within the 
                State.
            ``(2) Approval by secretary.--The Secretary may not award 
        any covered grant to a State unless the Secretary has approved 
        the applicable State homeland security plan.
    ``(d) Consistency With State Plans.--The Secretary shall ensure 
that each covered grant is used to supplement and support, in a 
consistent and coordinated manner, the applicable State homeland 
security plan or plans.
    ``(e) Application for Grant.--
            ``(1) In general.--Any State or region may apply for a 
        covered grant by submitting to the Secretary an application at 
        such time, in such manner, and containing such information as 
        is required under this subsection, or as the Secretary may 
        reasonably require.
            ``(2) Deadlines for applications and awards.--All 
        applications for covered grants must be submitted to the 
        Secretary no later than February 15 of the fiscal year for 
        which they are submitted. The Secretary shall award covered 
        grants pursuant to all approved applications for such fiscal 
        year as soon as practicable, but not later than July 31 of such 
        year.
            ``(3) Availability of funds.--All funds awarded by the 
        Secretary under covered grants in a fiscal year shall be 
        available for obligation through the end of the subsequent 
        fiscal year.
            ``(4) Minimum contents of application.--The Secretary shall 
        require that each applicant include in its application, at a 
        minimum--
                    ``(A) the purpose for which the applicant seeks 
                covered grant funds and the reasons why the applicant 
                needs the covered grant to meet the essential 
                capabilities for terrorism preparedness within the 
                State or region to which the application pertains;
                    ``(B) a description of how, by reference to the 
                applicable State homeland security plan or plans under 
                subsection (c), the allocation of grant funding 
                proposed in the application, including, where 
                applicable, the amount not passed through under section 
                1804(e)(1), would assist in fulfilling the essential 
                capabilities specified in such plan or plans;
                    ``(C) a statement of whether a mutual aid agreement 
                applies to the use of all or any portion of the covered 
                grant funds;
                    ``(D) if the applicant is a region--
                            ``(i) a precise geographical description of 
                        the region and a specification of all 
                        participating and nonparticipating local 
                        governments within the geographical area 
                        comprising that region;
                            ``(ii) a specification of what governmental 
                        entity within the region will administer the 
                        expenditure of funds under the covered grant; 
                        and
                            ``(iii) a designation of a specific 
                        individual to serve as regional liaison;
                    ``(E) a capital budget showing how the applicant 
                intends to allocate and expend the covered grant funds; 
                and
                    ``(F) a statement of how the applicant intends to 
                meet the matching requirement, if any, that applies 
                under section 1804(e)(2).
            ``(5) Regional applications.--
                    ``(A) Submission to state or states.--To ensure the 
                consistency required under subsection (d), an applicant 
                that is a region must simultaneously submit its 
                application to the Department and to each State of 
                which any part is included in the region.
                    ``(B) Opportunity for state comment.--Before 
                awarding any covered grant to a region, the Secretary 
                shall provide an opportunity to each State of which any 
                part is included in a region, during the 30-day period 
                beginning on the date on which the region submits an 
                application for a covered grant, to comment to the 
                Secretary on the consistency of the region's plan with 
                the State's homeland security plan.
                    ``(C) Final authority.--The Secretary shall have 
                final authority to determine the consistency of any 
                regional application with the applicable State homeland 
                security plan or plans and approve any regional 
                application. The Secretary shall notify each State of 
                which any part is included in a region of the approval 
                of a regional application for that region.
                    ``(D) Regional liaisons.--A regional liaison 
                designated under paragraph (4)(D)(iii) shall--
                            ``(i) coordinate with Federal, State, 
                        local, regional, and private officials within 
                        the region concerning terrorism preparedness;
                            ``(ii) develop a process for receiving 
                        input from Federal, State, local, regional, and 
                        private sector officials within the region to 
                        assist in the development of the regional 
                        application and to improve the region's access 
                        to covered grants; and
                            ``(iii) administer, in consultation with 
                        State, local, regional, and private officials 
                        within the region, covered grants awarded to 
                        the region.
            ``(6) Equipment standards.--If an applicant for a covered 
        grant proposes to upgrade or purchase, with assistance provided 
        under the grant, new equipment or systems that do not meet or 
        exceed any applicable national voluntary consensus standards 
        established by the Secretary under section 1805(a), the 
        applicant shall include in the application an explanation of 
        why such equipment or systems will serve the needs of the 
        applicant better than equipment or systems that meet or exceed 
        such standards.
    ``(f) First Responder Grants Board.--
            ``(1) Establishment of board.--The Secretary shall 
        establish a First Responder Grants Board, consisting of--
                    ``(A) the Secretary;
                    ``(B) the Under Secretary for Emergency 
                Preparedness and Response;
                    ``(C) the Under Secretary for Border and 
                Transportation Security;
                    ``(D) the Under Secretary for Information Analysis 
                and Infrastructure Protection;
                    ``(E) the Under Secretary for Science and 
                Technology; and
                    ``(F) the Director of the Office for Domestic 
                Preparedness.
            ``(2) Chairman.--
                    ``(A) In general.--The Secretary shall be the 
                Chairman of the Board.
                    ``(B) Exercise of authorities by deputy 
                secretary.--The Deputy Secretary of Homeland Security 
                may exercise the authorities of the Chairman, if the 
                Secretary so directs.
            ``(3) Ranking of grant applications.--
                    ``(A) Prioritization of grants.--The Board shall 
                evaluate and annually prioritize all pending 
                applications for covered grants based upon the degree 
                to which they would lessen the threat to, vulnerability 
                of, and consequences for persons and critical 
                infrastructure.
                    ``(B) Achieving nationwide capability.--In 
                evaluating and prioritizing grant applications under 
                subparagraph (A), the Board shall--
                            ``(i) seek to achieve and enhance essential 
                        capabilities throughout the Nation; and
                            ``(ii) seek to allocate a portion of the 
                        funds available for covered grants each fiscal 
                        year for the purpose of making covered grants 
                        to each approved applicant that the Board 
                        determines has demonstrated a valid need in its 
                        application.
            ``(4) Functions of under secretaries.--The Under 
        Secretaries referred to in paragraph (1) shall seek to ensure 
        that the relevant expertise and input of the staff of their 
        directorates are available to and considered by the Board.

``SEC. 1804. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

    ``(a) In General.--A covered grant may be used for--
            ``(1) purchasing or upgrading equipment, including computer 
        software, to enhance terrorism preparedness and response;
            ``(2) exercises to strengthen terrorism preparedness and 
        response;
            ``(3) training for prevention (including detection) of, 
        preparedness for, or response to attacks involving weapons of 
        mass destruction, including training in the use of equipment 
        and computer software;
            ``(4) developing or updating response plans;
            ``(5) establishing or enhancing mechanisms for sharing 
        terrorism threat information pursuant to this Act;
            ``(6) systems architecture and engineering, program 
        planning and management, strategy formulation and strategic 
        planning, life-cycle systems design, product and technology 
        evaluation, and prototype development for terrorism 
        preparedness and response purposes;
            ``(7) additional personnel costs resulting from--
                    ``(A) elevations in the threat alert level of the 
                Homeland Security Advisory System;
                    ``(B) travel to and participation in exercises and 
                training in the use of equipment and on prevention 
                activities; and
                    ``(C) the temporary replacement of personnel during 
                any period of travel to and participation in exercises 
                and training in the use of equipment and on prevention 
                activities;
            ``(8) the costs of equipment (including software) required 
        to receive, transmit, handle, and store classified information;
            ``(9) enhancing facilities to serve as operations centers, 
        or hardening critical infrastructure against potential attack 
        by the addition of barriers, fences, gates, and other such 
        devices;
            ``(10) the costs of commercially available interoperable 
        communications equipment (which, where applicable, is based on 
        national, voluntary consensus standards) that the Secretary, in 
        consultation with the Chairman of the Federal Communications 
        Commission, deems best suited to facilitate interoperability, 
        coordination, and integration between and among emergency 
        communications systems, and that complies with prevailing grant 
        guidance of the Department for interoperable communications;
            ``(11) educational curricula development for first 
        responders to ensure that they are prepared for terrorist 
        attacks;
            ``(12) training and exercises to assist public elementary 
        and secondary schools in developing and implementing programs 
        to instruct students regarding age-appropriate skills to 
        prepare for and respond to an act of terrorism; and
            ``(13) other appropriate activities as determined by the 
        Secretary.
``The costs of training described in this subsection include such costs 
for full-time, part-time, and volunteer first responders.
    ``(b) Prohibited Uses.--Funds provided as a covered grant may not 
be used--
            ``(1) to supplant State or local funds for, or otherwise 
        support, traditional missions of State and local law 
        enforcement, firefighters, emergency medical services, or 
        public health agencies, unless such support serves a dual 
        purpose and the funds are primarily intended to enhance 
        terrorism preparedness;
            ``(2) to construct buildings or other physical facilities;
            ``(3) to acquire land; or
            ``(4) for any State or local government cost sharing 
        contribution.
    ``(c) Assistance Requirement.--The Secretary may not request that 
equipment paid for, wholly or in part, with funds provided as a covered 
grant be made available for responding to emergencies in surrounding 
States, regions, and localities, unless the Secretary undertakes to pay 
the costs directly attributable to transporting and operating such 
equipment during such response.
    ``(d) Flexibility in Unspent Homeland Security Grant Funds.--Upon 
request by the recipient of a covered grant, the Secretary may 
authorize the grantee to transfer all or part of funds provided as the 
covered grant from uses specified in the grant agreement to other uses 
authorized under this section, if the Secretary determines that such 
transfer is in the interests of homeland security.
    ``(e) State and Regional Responsibilities.--
            ``(1) Pass-through.--The Secretary shall require a 
        recipient of a covered grant that is a State to obligate or 
        otherwise make available to local governments, first 
        responders, and other local groups, to the extent required 
        under the State homeland security plan or plans specified in 
        the application for the grant, not less than 80 percent of the 
        grant funds, resources purchased with the grant funds having a 
        value equal to at least 80 percent of the amount of the grant, 
        or a combination thereof, by not later than the end of the 45-
        day period beginning on the date the grant recipient receives 
        the grant funds.
            ``(2) Cost sharing.--
                    ``(A) In general.--The Federal share of the costs 
                of an activity carried out with a covered grant to a 
                State or region awarded after the 2-year period 
                beginning on the date of the enactment of this section 
                shall not exceed 75 percent.
                    ``(B) Interim rule.--The Federal share of the costs 
                of an activity carried out with a covered grant awarded 
                before the end of the 2-year period beginning on the 
                date of the enactment of this section shall be 100 
                percent.
                    ``(C) In-kind matching.--Each recipient of a 
                covered grant may meet the matching requirement under 
                subparagraph (A) by making in-kind contributions of 
                goods or services that are directly linked with the 
                purpose for which the grant is made, including, but not 
                limited to, any necessary personnel overtime, 
                contractor services, administrative costs, equipment 
                fuel and maintenance, and rental space.
            ``(3) Certifications regarding distribution of grant funds 
        to local governments.--Any State that receives a covered grant 
        shall certify to the Secretary, by not later than 30 days after 
        the expiration of the period described in paragraph (1) with 
        respect to the grant, that the State has made available for 
        expenditure by local governments, first responders, and other 
        local groups the required amount of grant funds pursuant to 
        paragraph (1).
            ``(4) Report on homeland security spending.--Each recipient 
        of a covered grant shall submit a report to the Secretary not 
        later than 60 days after the end of each fiscal year. Each 
        recipient of a covered grant that is a region must 
        simultaneously submit its report to each State of which any 
        part is included in the region. Each report must include the 
        following:
                    ``(A) The amount, ultimate recipients, and dates of 
                receipt of all funds received under the grant during 
                the previous fiscal year.
                    ``(B) The amount and the dates of disbursements of 
                all such funds expended in compliance with paragraph 
                (1) or pursuant to mutual aid agreements or other 
                sharing arrangements that apply within the State or 
                region, as applicable, during the previous fiscal year.
                    ``(C) How the funds were utilized by each ultimate 
                recipient or beneficiary during the preceding fiscal 
                year.
                    ``(D) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans were achieved or enhanced as the result 
                of the expenditure of grant funds during the preceding 
                fiscal year.
                    ``(E) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans remain unmet.
            ``(5) Inclusion of restricted annexes.--A recipient of a 
        covered grant may submit to the Secretary an annex to the 
        report under paragraph (4) that is subject to appropriate 
        handling restrictions, if the recipient believes that 
        discussion in the report of unmet needs would reveal sensitive 
        but unclassified information.
            ``(6) Provision of reports.--The Secretary shall ensure 
        that each report under paragraph (4) is provided to the Under 
        Secretary for Emergency Preparedness and Response and the 
        Director of the Office for Domestic Preparedness.
    ``(f) Incentives to Efficient Administration of Homeland Security 
Grants.--
            ``(1) Penalties for delay in passing through local share.--
        If a recipient of a covered grant that is a State fails to pass 
        through to local governments, first responders, and other local 
        groups funds or resources required by subsection (e)(1) within 
        45 days after receiving funds under the grant, the Secretary 
        may--
                    ``(A) reduce grant payments to the grant recipient 
                from the portion of grant funds that is not required to 
                be passed through under subsection (e)(1);
                    ``(B) terminate payment of funds under the grant to 
                the recipient, and transfer the appropriate portion of 
                those funds directly to local first responders that 
                were intended to receive funding under that grant; or
                    ``(C) impose additional restrictions or burdens on 
                the recipient's use of funds under the grant, which may 
                include--
                            ``(i) prohibiting use of such funds to pay 
                        the grant recipient's grant-related overtime or 
                        other expenses;
                            ``(ii) requiring the grant recipient to 
                        distribute to local government beneficiaries 
                        all or a portion of grant funds that are not 
                        required to be passed through under subsection 
                        (e)(1); or
                            ``(iii) for each day that the grant 
                        recipient fails to pass through funds or 
                        resources in accordance with subsection (e)(1), 
                        reducing grant payments to the grant recipient 
                        from the portion of grant funds that is not 
                        required to be passed through under subsection 
                        (e)(1), except that the total amount of such 
                        reduction may not exceed 20 percent of the 
                        total amount of the grant.
            ``(2) Extension of period.--The Governor of a State may 
        request in writing that the Secretary extend the 45-day period 
        under paragraph (1) for an additional 15-day period. The 
        Secretary may approve such a request, and may extend such 
        period for additional 15-day periods, if the Secretary 
        determines that the resulting delay in providing grant funding 
        to the local government entities that will receive funding 
        under the grant will not have a significant detrimental impact 
        on such entities' terrorism preparedness efforts.
            ``(3) Provision of non-local share to local government.--
                    ``(A) In general.--The Secretary may upon request 
                by a local government pay to the local government a 
                portion of the amount of a covered grant awarded to a 
                State in which the local government is located, if--
                            ``(i) the local government will use the 
                        amount paid to expedite planned enhancements to 
                        its terrorism preparedness as described in any 
                        applicable State homeland security plan or 
                        plans;
                            ``(ii) the State has failed to pass through 
                        funds or resources in accordance with 
                        subsection (e)(1); and
                            ``(iii) the local government complies with 
                        subparagraphs (B) and (C).
                    ``(B) Showing required.--To receive a payment under 
                this paragraph, a local government must demonstrate 
                that--
                            ``(i) it is identified explicitly as an 
                        ultimate recipient or intended beneficiary in 
                        the approved grant application;
                            ``(ii) it was intended by the grantee to 
                        receive a severable portion of the overall 
                        grant for a specific purpose that is identified 
                        in the grant application;
                            ``(iii) it petitioned the grantee for the 
                        funds or resources after expiration of the 
                        period within which the funds or resources were 
                        required to be passed through under subsection 
                        (e)(1); and
                            ``(iv) it did not receive the portion of 
                        the overall grant that was earmarked or 
                        designated for its use or benefit.
                    ``(C) Effect of payment.--Payment of grant funds to 
                a local government under this paragraph--
                            ``(i) shall not affect any payment to 
                        another local government under this paragraph; 
                        and
                            ``(ii) shall not prejudice consideration of 
                        a request for payment under this paragraph that 
                        is submitted by another local government.
                    ``(D) Deadline for action by secretary.--The 
                Secretary shall approve or disapprove each request for 
                payment under this paragraph by not later than 15 days 
                after the date the request is received by the 
                Department.
    ``(g) Reports to Congress.--The Secretary shall submit an annual 
report to the Congress by December 31 of each year--
            ``(1) describing in detail the amount of Federal funds 
        provided as covered grants that were directed to each State and 
        region in the preceding fiscal year;
            ``(2) containing information on the use of such grant funds 
        by grantees; and
            ``(3) describing, on a nationwide and State-by-State 
        basis--
                    ``(A) the extent to which essential capabilities 
                identified in applicable State homeland security plan 
                or plans were created or enhanced as the result of the 
                expenditure of covered grant funds during the preceding 
                fiscal year;
                    ``(B) the extent to which essential capabilities 
                identified in applicable State homeland security plan 
                or plans remain unmet; and
                    ``(C) an estimate of the amount of Federal, State, 
                and local expenditures required to attain across the 
                United States the essential capabilities established 
                under section 1802(a).

``SEC. 1805. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND 
              TRAINING.

    ``(a) Equipment Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretary for Science and Technology and the Director of 
        the Office for Domestic Preparedness, shall, not later than 6 
        months after the date of enactment of this section, support the 
        development of, promulgate, and update as necessary national 
        voluntary consensus standards for the performance, use, and 
        validation of first responder equipment for purposes of section 
        1803(e)(6). Such standards--
                    ``(A) shall be, to the maximum extent practicable, 
                consistent with any existing voluntary consensus 
                standards;
                    ``(B) shall take into account, as appropriate, new 
                types of terrorism threats that may not have been 
                contemplated when such existing standards were 
                developed; and
                    ``(C) shall be focused on maximizing 
                interoperability, interchangeability, durability, 
                flexibility, efficiency, efficacy, portability, 
                sustainability, and safety.
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary shall specifically consider the following 
        categories of first responder equipment:
                    ``(A) Thermal imaging equipment.
                    ``(B) Radiation detection and analysis equipment.
                    ``(C) Biological detection and analysis equipment.
                    ``(D) Chemical detection and analysis equipment.
                    ``(E) Decontamination and sterilization equipment.
                    ``(F) Personal protective equipment, including 
                garments, boots, gloves, and hoods and other protective 
                clothing.
                    ``(G) Respiratory protection equipment.
                    ``(H) Interoperable communications, including 
                wireless and wireline voice, video, and data networks.
                    ``(I) Explosive mitigation devices and explosive 
                detection and analysis equipment.
                    ``(J) Containment vessels.
                    ``(K) Contaminant-resistant vehicles.
                    ``(L) Such other equipment for which the Secretary 
                determines that national voluntary consensus standards 
                would be appropriate.
    ``(b) Training Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology and the Director of the Office for 
        Domestic Preparedness, shall support the development of, 
        promulgate, and regularly update as necessary national 
        voluntary consensus standards for first responder training 
        carried out with amounts provided under covered grant programs, 
        that will enable State and local government first responders to 
        achieve optimal levels of terrorism preparedness as quickly as 
        practicable. Such standards shall give priority to providing 
        training to--
                    ``(A) enable first responders to prevent, prepare 
                for, respond to, and mitigate terrorist threats, 
                including threats from chemical, biological, nuclear, 
                and radiological weapons and explosive devices capable 
                of inflicting significant human casualties; and
                    ``(B) familiarize first responders with the proper 
                use of equipment, including software, developed 
                pursuant to the standards established under subsection 
                (a).
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary specifically shall include the following 
        categories of first responder activities:
                    ``(A) Regional planning.
                    ``(B) Joint exercises.
                    ``(C) Intelligence collection, analysis, and 
                sharing.
                    ``(D) Emergency notification of affected 
                populations.
                    ``(E) Detection of biological, nuclear, 
                radiological, and chemical weapons of mass destruction.
                    ``(F) Such other activities for which the Secretary 
                determines that national voluntary consensus training 
                standards would be appropriate.
    ``(c) Consultation With Standards Organizations.--In establishing 
national voluntary consensus standards for first responder equipment 
and training under this section, the Secretary shall consult with 
relevant public and private sector groups, including--
            ``(1) the National Institute of Standards and Technology;
            ``(2) the National Fire Protection Association;
            ``(3) the National Association of County and City Health 
        Officials;
            ``(4) the Association of State and Territorial Health 
        Officials;
            ``(5) the American National Standards Institute;
            ``(6) the National Institute of Justice;
            ``(7) the Inter-Agency Board for Equipment Standardization 
        and Interoperability;
            ``(8) the National Public Health Performance Standards 
        Program;
            ``(9) the National Institute for Occupational Safety and 
        Health;
            ``(10) ASTM International;
            ``(11) the International Safety Equipment Association; and
            ``(12) to the extent the Secretary considers appropriate, 
        other national voluntary consensus standards development 
        organizations, other interested Federal, State, and local 
        agencies, and other interested persons.
    ``(d) Coordination with Secretary of HHS.--In establishing any 
national voluntary consensus standards under this section for first 
responder equipment or training that involve or relate to public health 
professionals, including emergency medical professionals, the Secretary 
shall coordinate activities under this section with the Secretary of 
Health and Human Services.

``SEC. 1806. DEFINITIONS.

    ``In this title:
            ``(1) Board.--The term `Board' means the First Responder 
        Grants Board established under section 1803(f).
            ``(2) Covered grant.--The term `covered grant' means any 
        grant to which this title applies under section 1801.
            ``(3) Elevations in the threat alert level.--The term 
        `elevations in the threat alert level' means any designation 
        (including those that are less than national in scope) that 
        raises the homeland security threat level to either the highest 
        or second highest threat level under the Homeland Security 
        Advisory System referred to in section 201(d)(7).
            ``(4) Essential capabilities.--The term `essential 
        capabilities' means the levels, availability, and competence of 
        emergency personnel, planning, training, and equipment across a 
        variety of disciplines needed to effectively and efficiently 
        prevent, prepare for, and respond to acts of terrorism 
        consistent with established practices.
            ``(5) Region.--The term `region' means--
                    ``(A) any geographic area consisting of all or 
                parts of 2 or more contiguous States, counties, 
                municipalities, or other local governments that have a 
                combined population of at least 1,650,000 or have an 
                area of not less than 20,000 square miles, and that, 
                for purposes of an application for a covered grant, is 
                represented by 1 or more governments or governmental 
                agencies within such geographic area, and that is 
                established by law or by agreement of 2 or more such 
                governments or governmental agencies in a mutual aid 
                agreement; or
                    ``(B) any other combination of contiguous local 
                government units (including such a combination 
                established by law or agreement of two or more 
                governments or governmental agencies in a mutual aid 
                agreement) that is formally certified by the Secretary 
                as a region for purposes of this Act with the consent 
                of--
                            ``(i) the State or States in which they are 
                        located, including a multi-State entity 
                        established by a compact between two or more 
                        States; and
                            ``(ii) the incorporated municipalities, 
                        counties, and parishes which they encompass.
            ``(6) First responder.--The term `first responder' shall 
        have the same meaning as the term `emergency response 
        provider'.''.
    (b) Definition of Emergency Response Providers.--Paragraph (6) of 
section 2 of the Homeland Security Act of 2002 (Public Law 107-296; 6 
U.S.C. 101(6)) is amended by striking ``includes'' and all that follows 
and inserting ``includes Federal, State, and local governmental and 
nongovernmental emergency public safety, law enforcement, fire, 
emergency response, emergency medical (including hospital emergency 
facilities), and related personnel, organizations, agencies, and 
authorities.''.
    (c) Temporary Limitation on Application.--The following provisions 
of title XVIII of the Homeland Security Act of 2002, as amended by 
subsection (a), shall not apply during the 2-year period beginning on 
the date of the enactment of this Act:
            (1) Subsections (b), (c), (e) (except paragraph (5) of such 
        subsection), and (f)(3)(B) of section 1803.
            (2) Subparagraphs (D) and (E) of section 1804(e)(4).
            (3) Section 1804(g)(3).

SEC. 4. MODIFICATION OF HOMELAND SECURITY ADVISORY SYSTEM.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (Public Law 107-296; 6 U.S.C. 121 et seq.) is amended by 
adding at the end the following:

``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.

    ``(a) In General.--The Secretary shall revise the Homeland Security 
Advisory System referred to in section 201(d)(7) to require that any 
designation of a threat level or other warning shall be accompanied by 
a designation of the geographic regions or economic sectors to which 
the designation applies.
    ``(b) Reports.--The Secretary shall report to the Congress annually 
by not later than December 31 each year regarding the geographic 
region-specific warnings and economic sector-specific warnings issued 
during the preceding fiscal year under the Homeland Security Advisory 
System referred to in section 201(d)(7), and the bases for such 
warnings. The report shall be submitted in unclassified form and may, 
as necessary, include a classified annex.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 202 the following:

``203. Homeland Security Advisory System.''.

SEC. 5. COORDINATION OF INDUSTRY EFFORTS.

    Section 102(f) of the Homeland Security Act of 2002 (Public Law 
107-296; 6 U.S.C. 112(f)) is amended by striking ``and'' after the 
semicolon at the end of paragraph (6), by striking the period at the 
end of paragraph (7) and inserting ``; and'', and by adding at the end 
the following:
            ``(8) coordinating industry efforts, with respect to 
        functions of the Department of Homeland Security, to identify 
        private sector resources and capabilities that could be 
        effective in supplementing Federal, State, and local government 
        agency efforts to prevent or respond to a terrorist attack.''.

SEC. 6. SUPERSEDED PROVISION.

    This Act supersedes section 1014 of Public Law 107-56.

SEC. 7. SENSE OF CONGRESS REGARDING INTEROPERABLE COMMUNICATIONS.

    (a) Finding.--The Congress finds that--
            (1) many first responders working in the same jurisdiction 
        or in different jurisdictions cannot effectively and 
        efficiently communicate with one another; and
            (2) their inability to do so threatens the public's safety 
        and may result in unnecessary loss of lives and property.
    (b) Sense of Congress.--It is the sense of the Congress that 
interoperable emergency communications systems and radios should 
continue to be deployed as soon as practicable for use by the first 
responder community, and that upgraded and new digital communications 
systems and new digital radios must meet prevailing national, voluntary 
consensus standards for interoperability.

SEC. 8. SENSE OF CONGRESS REGARDING CITIZEN CORPS COUNCILS.

    (a) Finding.--The Congress finds that Citizen Corps councils help 
to enhance local citizen participation in terrorism preparedness by 
coordinating multiple Citizen Corps programs, developing community 
action plans, assessing possible threats, and identifying local 
resources.
    (b) Sense of Congress.--It is the sense of the Congress that 
individual Citizen Corps councils should seek to enhance the 
preparedness and response capabilities of all organizations 
participating in the councils, including by providing funding to as 
many of their participating organizations as practicable to promote 
local terrorism preparedness programs.

SEC. 9. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.

    (a) Study.--The Secretary of Homeland Security, in consultation 
with the heads of other appropriate Federal agencies and 
representatives of providers and participants in the telecommunications 
industry, shall conduct a study to determine whether it is cost-
effective, efficient, or feasible to establish and implement an 
emergency telephonic alert notification system that will--
            (1) alert persons in the United States of imminent or 
        current hazardous events caused by acts of terrorism; and
            (2) provide information to individuals regarding 
        appropriate measures that may be undertaken to alleviate or 
        minimize threats to their safety and welfare posed by such 
        events.
    (b) Technologies to Consider.--In conducting the study, the 
Secretary shall consider the use of the telephone, wireless 
communications, and other existing communications networks to provide 
such notification.
    (c) Report.--Not later than 9 months after the date of the 
enactment of this Act, the Secretary shall submit to the Congress a 
report regarding the conclusions of the study.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--For the purpose of making covered grants (as that 
term is defined in section 1806 of the Homeland Security Act of 2002, 
as amended by this Act), there is authorized to be appropriated to the 
Secretary of Homeland Security $3,400,000,000 for fiscal year 2006.
    (b) Metropolitan Medical Response System.--In addition to the 
purpose specified in subsection (a), the authorization of 
appropriations in subsection (a) may be used for the Metropolitan 
Medical Response System.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Faster and Smarter Funding for First 
Responders Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The first responsibility of governments at all levels 
        is to protect the lives and property of their citizens.
            (2) In order to achieve its objective of minimizing the 
        damage, and assisting in the recovery, from major disasters and 
        emergencies, including those caused by terrorist attacks, the 
        Department of Homeland Security must play a leading role in 
        assisting communities to reach the level of preparedness they 
        need to respond to a major disaster or emergency.
            (3) An all-hazards preparedness program encourages 
        governments at all levels to develop flexible and consistent 
        plans to prevent, prepare for, mitigate against, respond to, 
        and recover from major disasters and emergencies, including 
        those caused by terrorist attacks.
            (4) Since 1979, the United States has developed a 
        preparedness system that has enabled the Nation to effectively 
        address all disasters it has thus far faced.
            (5) The United States must build upon this foundation to 
        better address acts of terrorism, particularly those involving 
        weapons of mass destruction, without degrading the ability to 
        face other types of disasters.
            (6) The Nation's first response capabilities will be 
        improved by sharing resources, training, planning, personnel, 
        and equipment among neighboring jurisdictions through mutual 
        aid agreements and regional cooperation.
            (7) Securing Indian reservations and tribal lands is an 
        important part of the overall goal of securing the American 
        homeland. Tribal governments should be encouraged to meet the 
        same national goals for preparedness as State and local 
        governments, and should be fully included in State and regional 
        preparedness plans. In order to achieve this goal, Indian 
        tribes should have an opportunity to work and coordinate with 
        States for the purposes of preparedness and funding.
            (8) An essential prerequisite to achieving the Nation's 
        homeland security objectives for first responders is the 
        establishment of a well-defined national preparedness goal. 
        This goal should delineate the essential capabilities that 
        every jurisdiction in the United States should possess or to 
        which it should have access.
            (9) A national determination of essential capabilities is 
        needed to identify levels of State and local government 
        preparedness, to determine the nature and extent of State and 
        local first responder needs, to identify the human and 
        financial resources required to fulfill them, and to direct 
        funding to meet those needs and to measure preparedness levels 
        on a national scale.
            (10) Terrorists by their nature are unpredictable, and 
        therefore the Federal Government should support a strategy that 
        provides a basic level of preparedness to all States.
            (11) Private sector resources and citizen volunteers can 
        perform critical functions in assisting in preventing and 
        responding to major disasters and emergencies, including those 
        caused by terrorist attacks, and should be integrated into 
        State and local planning efforts to ensure that their 
        capabilities and roles are understood, so as to provide 
        enhanced State and local operational capability and surge 
        capacity.
            (12) An important component of national standards is 
        measurability, so that it is possible to determine how prepared 
        a State or local government is now, and what additional steps 
        it needs to take, in order to respond to major disasters and 
        emergencies, including those caused by terrorist attacks.
            (13) The Department of Homeland Security should establish, 
        publish, and regularly update national voluntary consensus 
        standards for both equipment and training, in cooperation with 
        both public and private sector standard setting organizations, 
        to assist State and local governments in obtaining the 
        equipment and training needed to attain the essential 
        capabilities for first response to major disasters and 
        emergencies, including those caused by terrorist attacks, and 
        to ensure that first responder funds are spent wisely.

SEC. 3. DEFINITIONS.

    (a) Definition of Major Disaster.--Section 102(2) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122(2)) is amended to read as follows:
            ``(2) Major disaster.--The term `major disaster' means any 
        natural catastrophe (including any hurricane, tornado, storm, 
        high water, winddriven water, tidal wave, tsunami, earthquake, 
        volcanic eruption, landslide, mudslide, snowstorm, or drought), 
        or, regardless of cause, any fire, flood, explosion, act of 
        terrorism, or other catastrophic event in any part of the 
        United States, which in the determination of the President 
        causes damage of sufficient severity and magnitude to warrant 
        major disaster assistance under this Act to supplement the 
        efforts and available resources of States, local governments, 
        and disaster relief organizations in alleviating the damage, 
        loss, hardship, or suffering caused thereby.''.
    (b) Definition of Emergency Response Providers.--Section 2(6) of 
the Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 101(6)) 
is amended by inserting ``fire,'' after ``law enforcement,''.

SEC. 4. NATIONAL PREPAREDNESS AND FUNDING FOR FIRST RESPONDERS.

    (a) In General.--The Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--
            (1) by redesignating title VII as title VIII;
            (2) by redesignating sections 701 through 705 as sections 
        801 through 805, respectively; and
            (3) by inserting after title VI the following:

  ``TITLE VII--NATIONAL PREPAREDNESS AND FUNDING FOR FIRST RESPONDERS

``SEC. 701. PURPOSES.

    ``The purposes of this title are--
            ``(1) to prepare the United States to prevent, mitigate, 
        respond to, and recover from major disasters and emergencies, 
        including those caused by terrorist attacks;
            ``(2) to ensure federally funded preparedness efforts are 
        consistent with an all-hazards preparedness strategy;
            ``(3) to ensure effective coordination of Federal 
        preparedness efforts; and
            ``(4) to provide preparedness assistance to State and local 
        authorities in a timely manner and provide for accountability 
        with respect to the use of such assistance.

``SEC. 702. DEFINITIONS.

    ``In this title, the following definitions apply:
            ``(1) Covered grant.--The term `covered grant' means a 
        grant referred to in section 731.
            ``(2) Department.--The term `Department' means the 
        Department of Homeland Security.
            ``(3) Elevations in the threat alert level.--The term 
        `elevations in the threat alert level' means any designation 
        (including those that are less than national in scope) that 
        raises the homeland security threat level to either the highest 
        or second highest threat level under the Homeland Security 
        Advisory System referred to in section 201(d)(7) of the 
        Homeland Security Act of 2002 (6 U.S.C. 121(d)(7)).
            ``(4) Essential capabilities.--The term `essential 
        capabilities' means the levels, availability, and competence of 
        emergency personnel, planning, training, and equipment across a 
        variety of disciplines needed to effectively and efficiently 
        prevent, prepare for, and respond to major disasters and 
        emergencies, including those caused by terrorist attacks, 
        consistent with established practices.
            ``(5) First responder.--The term `first responder' has the 
        meaning such term has under section 2(6) of the Homeland 
        Security Act of 2002 (Public Law 107-296; 6 U.S.C. 101(6)).
            ``(6) Hazard.--The term `hazard' means an emergency or 
        disaster resulting from--
                    ``(A) a natural disaster; or
                    ``(B) an accidental or man-caused event, including 
                a domestic terrorist attack.
            ``(7) National preparedness goal.--The term `national 
        preparedness goal' means the national domestic all-hazards 
        preparedness goal developed under section 711.
            ``(8) Prevention.--The term `prevention' means activities 
        undertaken by the first responder community during the early 
        stages of an incident to reduce the likelihood or consequences 
        of threatened or actual terrorist attacks. The term does not 
        include more general and broader efforts to deter, disrupt, or 
        thwart terrorism.
            ``(9) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
            ``(10) Statewide preparedness strategy.--The term 
        `statewide preparedness strategy' means a statewide 
        comprehensive all-hazards preparedness strategy prepared under 
        section 714.
            ``(11) Weapon of mass destruction.--The term `weapon of 
        mass destruction' has the meaning such term has under section 
        1403 of the Defense Against Weapons of Mass Destruction Act of 
        1996 (50 U.S.C. 2302).

 ``Subtitle A--Preparedness Goals, Essential Capabilities, Standards, 
                             and Strategies

``SEC. 711. NATIONAL PREPAREDNESS GOAL.

    ``(a) Development.--To help ensure the preparedness of the Nation 
to prevent, respond to, and recover from major disasters and 
emergencies, including those caused by terrorist attacks, the 
Secretary, in coordination with the heads of other appropriate Federal 
departments and agencies and in consultation with State and local 
governments, shall develop a national domestic all-hazards preparedness 
goal not later than February 28, 2005.
    ``(b) Elements.--
            ``(1) Readiness priorities and targets.--The national 
        preparedness goal shall establish measurable readiness 
        priorities and targets that appropriately balance the potential 
        threat and magnitude of major disasters and emergencies, 
        including those caused by terrorist attacks, with the resources 
        required to prevent, respond to, and recover from such 
        disasters and emergencies.
            ``(2) Readiness metrics and measures; assessment system.--
        The national preparedness goal shall include--
                    ``(A) readiness metrics and measures, including 
                standards for preparedness assessments and strategies; 
                and
                    ``(B) a system for assessing the Nation's overall 
                preparedness to respond to major disasters and 
                emergencies, including those caused by terrorist 
                attacks.
            ``(3) National response plan and national incident 
        management system.--The national preparedness goal, to the 
        greatest extent practicable, shall be consistent with the 
        National Response Plan and National Incident Management System.
    ``(c) Activities of Federal Departments and Agencies.--Federal 
departments and agencies shall work to achieve the national 
preparedness goal by--
            ``(1) providing for effective, efficient, and timely 
        delivery of Federal preparedness assistance to State and local 
        governments; and
            ``(2) supporting efforts to ensure first responders are 
        prepared to respond to major disasters and emergencies, 
        including those caused by terrorist attacks.

``SEC. 712. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.

    ``(a) Establishment of Guidance on Essential Capabilities.--
            ``(1) In general.--Not later than February 28, 2005, the 
        Secretary shall establish guidance that clearly defines the 
        essential capabilities for State and local government 
        preparedness for major disasters and emergencies, including 
        those caused by terrorist attacks.
            ``(2) Provision of essential capabilities.--The Secretary 
        shall ensure that the guidance is provided promptly to the 
        States and to Congress. The States shall make the guidance 
        available as necessary and appropriate to local governments 
        within their jurisdictions.
    ``(b) Objectives.--The Secretary shall ensure that the guidance 
established under subsection (a)(1) meets the following objectives:
            ``(1) Specificity.--The guidance specifically shall 
        describe the training, planning, personnel, and equipment that 
        different types of communities in the Nation should possess, or 
        to which they should have access, in order to meet the 
        Department's national preparedness goals.
            ``(2) Flexibility.--The guidance shall be sufficiently 
        flexible to allow State and local government officials to set 
        priorities based on particular needs, while achieving 
        nationally determined preparedness levels within a specified 
        time period.
            ``(3) Measurability.--The guidance shall be designed to 
        enable measurement of progress towards specific preparedness 
        levels.
    ``(c) Threats To Be Considered.--
            ``(1) In general.--In establishing the guidance under 
        subsection (a)(1), the Secretary specifically shall consider 
        the variables of risk, threat, vulnerability, and consequences 
        with respect to the Nation's population (including transient 
        commuting and tourist populations) and critical infrastructure.
            ``(2) Critical infrastructure sectors.--In carrying out 
        paragraph (1), the Secretary specifically shall consider risks 
        to the following critical infrastructure sectors in all areas 
        of the Nation, urban and rural:
                    ``(A) Agriculture.
                    ``(B) Banking and finance.
                    ``(C) Chemical industries.
                    ``(D) The defense industrial base.
                    ``(E) Emergency services.
                    ``(F) Energy.
                    ``(G) Food.
                    ``(H) Government.
                    ``(I) Information and telecommunications networks.
                    ``(J) Postal and shipping.
                    ``(K) Public health.
                    ``(L) Transportation.
                    ``(M) Water.
            ``(3) Consideration of additional threats.--In carrying out 
        paragraph (1), the Secretary shall take into account any other 
        specific threat to a population (including a transient 
        commuting or tourist population) or critical infrastructure 
        sector that the Secretary has determined to exist.

``SEC. 713. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND 
              TRAINING.

    ``(a) Equipment Standards.--
            ``(1) In general.--The Secretary shall develop, promulgate, 
        and update as necessary national voluntary consensus standards 
        for first responder equipment intended for use in the field. 
        Such standards--
                    ``(A) shall support nationwide interoperability and 
                other capabilities consistent with the national 
                preparedness goal, including the safety and health of 
                first responders;
                    ``(B) shall be, to the maximum extent practicable, 
                consistent with any existing voluntary consensus 
                standards;
                    ``(C) shall, to the maximum extent practicable, 
                utilize technologies already certified by other 
                departments and agencies of the United States;
                    ``(D) shall take into account, as appropriate, 
                threats that may not have been contemplated when such 
                existing standards were developed; and
                    ``(E) shall be focused on maximizing 
                interoperability, interchangeability, durability, 
                flexibility, efficiency, efficacy, portability, 
                sustainability, and safety.
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary shall specifically consider the following 
        categories of first responder equipment:
                    ``(A) Thermal imaging equipment.
                    ``(B) Radiation detection and analysis equipment.
                    ``(C) Biological detection and analysis equipment.
                    ``(D) Chemical detection and analysis equipment.
                    ``(E) Decontamination and sterilization equipment.
                    ``(F) Personal protective equipment, including 
                garments, boots, gloves, and hoods and other protective 
                clothing.
                    ``(G) Respiratory protection equipment.
                    ``(H) Interoperable communications, including 
                wireless and wireline voice, video, and data networks.
                    ``(I) Explosive mitigation devices and explosive 
                detection and analysis equipment.
                    ``(J) Containment vessels.
                    ``(K) Contaminant-resistant vehicles.
                    ``(L) Such other equipment for which the Secretary 
                determines that national voluntary consensus standards 
                would be appropriate.
            ``(3) Deadline.--The Secretary shall promulgate initial 
        standards under this subsection not later than September 30, 
        2005.
    ``(b) Training Standards.--
            ``(1) In general.--The Secretary shall support the 
        development of, promulgate, and regularly update as necessary 
        national voluntary consensus standards for first responder 
        training carried out with amounts provided under covered grant 
        programs that will enable State and local government first 
        responders to achieve optimal levels of preparedness as quickly 
        as practicable. Such standards shall give priority to providing 
        training in those areas where the Secretary has identified 
        significant need, including training--
                    ``(A) to prevent, prepare for, respond to, and 
                mitigate threats from chemical, biological, and 
                radiological materials and explosive devices capable of 
                inflicting significant human casualties; and
                    ``(B) to familiarize first responders with the 
                proper use of equipment, including software, developed 
                pursuant to the standards established under subsection 
                (a).
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary specifically shall include the following 
        categories of first responder activities:
                    ``(A) Regional planning.
                    ``(B) Joint exercises.
                    ``(C) Intelligence collection, analysis, and 
                sharing.
                    ``(D) Emergency notification of affected 
                populations.
                    ``(E) Detection of biological, nuclear, 
                radiological, and chemical weapons of mass destruction.
                    ``(F) Such other activities for which the Secretary 
                determines that national voluntary consensus training 
                standards would be appropriate.
            ``(3) Deadline.--The Secretary shall promulgate initial 
        standards under this subsection not later than September 30, 
        2005.
    ``(c) Consultation With Standards Organizations.--In establishing 
national voluntary consensus standards for first responder equipment 
and training under this section, the Secretary shall consult with 
relevant public and private sector groups.

``SEC. 714. STATEWIDE PREPAREDNESS STRATEGIES.

    ``As a condition for receipt of a covered grant under subtitle B 
after September 30, 2005, the Secretary shall require that a State 
develop a statewide comprehensive all-hazards preparedness strategy 
that--
            ``(1) is consistent with the national preparedness goal 
        and, as necessary, the State response plan;
            ``(2) demonstrates the extent to which the State has 
        achieved the essential capabilities that apply to the State;
            ``(3) demonstrates the additional needs of the State 
        necessary to achieve the essential capabilities that apply to 
        the State;
            ``(4) includes a prioritization of such additional needs 
        based on risk, threat, vulnerability, and consequence 
        assessment factors applicable to the State;
            ``(5) describes how the State intends--
                    ``(A) to address such additional needs at the city, 
                county, tribal, regional, State, and interstate level;
                    ``(B) to use all Federal, State, and local 
                resources available for the purpose of addressing such 
                additional needs; and
                    ``(C) to give particular emphasis to regional 
                planning and cooperation, including the activities of 
                multi-jurisdictional planning agencies governed by 
                local officials, both within its jurisdictional borders 
                and with neighboring States; and
            ``(6) is developed in consultation with and subject to 
        appropriate comment by local, regional, and tribal governments 
        within the State.

                      ``Subtitle B--Grant Programs

``SEC. 731. COVERED GRANTS.

    ``Under this subtitle, a covered grant is any grant under the 
following:
            ``(1) State homeland security grant program.--The State 
        Homeland Security Grant Program of the Department or any 
        successor to such grant program.
            ``(2) Urban area security initiative.--The Urban Area 
        Security Initiative of the Department or any successor to such 
        grant program.

``SEC. 732. AWARD OF COVERED GRANTS.

    ``(a) Grant Eligibility.--Beginning in fiscal year 2006, any State 
shall be eligible to apply for a covered grant.
    ``(b) Grant Criteria.--In awarding covered grants, the Secretary 
shall carry out the national preparedness goal and assist State, 
tribal, and local governments in achieving essential capabilities for 
first responders in accordance with the guidance developed under 
section 712.
    ``(c) Application for Grant.--
            ``(1) In general.--A State may apply for a covered grant by 
        submitting to the Secretary an application at such time, in 
        such manner, and containing such information as is required 
        under this subsection or as the Secretary may reasonably 
        require.
            ``(2) Minimum contents of application.--The Secretary shall 
        require that each State include in its application, at a 
        minimum--
                    ``(A) a statewide preparedness strategy that has 
                been approved by the Secretary;
                    ``(B) a description of the purpose for which the 
                State seeks covered grant funds and the reasons why the 
                State needs the covered grant to meet the essential 
                capabilities for preparedness within the State;
                    ``(C) a description of how, by reference to the 
                State's statewide preparedness strategy, the allocation 
                of grant funding proposed in the application, 
                including, where applicable, the amount not passed 
                through under section 733(e)(1), would assist in 
                fulfilling the essential capabilities specified in such 
                strategy;
                    ``(D) a statement of whether a mutual aid agreement 
                applies to the use of all or any portion of the covered 
                grant funds;
                    ``(E) a capital budget showing how the State 
                intends to allocate and expend the covered grant funds; 
                and
                    ``(F) a statement of how the State intends to meet 
                the matching requirement, if any, that applies under 
                section 733(e)(2).
            ``(3) Consistency with state plans.--The Secretary shall 
        ensure that each covered grant is used to supplement and 
        support, in a consistent and coordinated manner, the applicable 
        statewide preparedness strategy.
            ``(4) Equipment standards.--If a State proposes to upgrade 
        or purchase, with assistance provided under a covered grant, 
        new equipment or systems that do not meet or exceed any 
        applicable national voluntary consensus standard established by 
        the Secretary under section 713(a), the State shall include in 
        the application an explanation of why such equipment or systems 
        will serve the needs of the State better than equipment or 
        systems that meet or exceed such standards.
    ``(d) Deadline for Award.--The Secretary shall make final 
determinations concerning the amount to be awarded to each State in 
covered grants for a fiscal year and award the grants as soon as 
practicable, but not later than June 30 of the fiscal year.
    ``(e) Allocation.--
            ``(1) Minimum amounts.--Of the total amount made available 
        for covered grants for a fiscal year, the Secretary shall 
        award--
                    ``(A) to each State (other than a State referred to 
                in subparagraph (B)) not less than 0.55 percent; and
                    ``(B) to each of the United States Virgin Islands, 
                Guam, American Samoa, and the Commonwealth of the 
                Northern Mariana Islands not less than 0.18 percent.
            ``(2) Allocation of remaining amounts.--In allocating 
        amounts that remain available for covered grants for a fiscal 
        year after setting aside amounts required under paragraph (1), 
        the Secretary shall prioritize applications based on the degree 
        to which a grant to a State will--
                    ``(A) lessen the risk, threat, vulnerability, and 
                consequences of a major disaster or emergency, 
                including those caused by terrorist attacks, to persons 
                and critical infrastructure; and
                    ``(B) enhance or achieve the essential capabilities 
                of first responders in the State in accordance with the 
                guidance developed under section 712.
            ``(3) Basis of allocations.--
                    ``(A) Publication.--The Secretary shall publish 
                annually the basis on which funds are awarded under 
                paragraph (2).
                    ``(B) Limitation on statutory construction.--
                Nothing in this paragraph shall be construed as 
                requiring the Secretary to disclose any classified 
                information or other sensitive information.

``SEC. 733. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

    ``(a) In General.--A covered grant may be used for--
            ``(1) purchasing commercially available equipment that 
        complies with, where applicable, national voluntary consensus 
        standards, and that facilitates interoperability, coordination, 
        and integration between emergency communications systems, 
        including--
                    ``(A) mobile vehicles that contain equipment such 
                as commercial telephone trunk lines, VHF and UHF 
                radios, patch panels, and crosspatches, among other 
                technologies and equipment; and
                    ``(B) communications system overlay software and 
                hardware that allow multiple disparate communications 
                networks to act as one network;
            ``(2) purchasing or upgrading equipment, including computer 
        software, to enhance preparedness and response;
            ``(3) conducting exercises to strengthen preparedness and 
        response;
            ``(4) training, including training for prevention or 
        detection of, preparedness for, or response to attacks 
        involving weapons of mass destruction, including training in 
        the use of equipment and computer software;
            ``(5) developing or updating response plans;
            ``(6) establishing or enhancing mechanisms for sharing 
        terrorism threat information;
            ``(7) developing systems architecture and engineering, 
        program planning and management, strategy formulation and 
        strategic planning, life-cycle systems design, product and 
        technology evaluation, and prototype development for 
        preparedness and response purposes;
            ``(8) paying the additional personnel costs resulting 
        from--
                    ``(A) elevations in the threat alert level of the 
                Homeland Security Advisory System;
                    ``(B) travel to and participation in exercises and 
                training in the use of equipment and on prevention 
                activities; and
                    ``(C) the temporary replacement of personnel during 
                any period of travel to and participation in exercises 
                and training in the use of equipment and on prevention 
                activities;
            ``(9) paying the costs of equipment (including software) 
        required to receive, transmit, handle, and store classified 
        information;
            ``(10) constructing or enhancing facilities to serve as 
        emergency operations centers;
            ``(11) developing educational curricula for first 
        responders to ensure that they are prepared for all hazards;
            ``(12) implementing training and exercises to assist public 
        elementary and secondary schools in developing and implementing 
        programs to instruct students regarding age-appropriate skills 
        to prepare for and respond to an act of terrorism;
            ``(13) paying of administrative expenses directly related 
        to administration of the grant, but not to exceed 3 percent of 
        the amount of the grant; and
            ``(14) other appropriate activities as determined by the 
        Secretary.
    ``(b) Prohibited Uses.--Funds provided under covered grant may not 
be used--
            ``(1) to supplant State, tribal, or local funds;
            ``(2) to construct buildings or other physical facilities, 
        except as provided in subsection (a)(10);
            ``(3) to acquire land; or
            ``(4) for any State, tribal, or local government cost 
        sharing contribution.
    ``(c) Assistance Requirement.--The Secretary may not request that 
equipment paid for, wholly or in part, with funds provided under 
covered grant be made available for responding to emergencies in 
surrounding States, reservations and tribal lands regions, and 
localities unless the Secretary undertakes to pay the costs directly 
attributable to transporting and operating such equipment during such 
response.
    ``(d) Flexibility in Unspent Grant Funds.--Upon request of a State, 
the Secretary may authorize the State to transfer all or part of funds 
provided under a covered grant from uses specified in the grant 
agreement to other uses authorized under this section if the Secretary 
determines that such transfer is in furtherance of the statewide 
preparedness strategy.
    ``(e) State Responsibilities.--
            ``(1) Pass-through.--The Secretary shall require a State to 
        obligate or otherwise make available to tribal and local 
        governments, first responders, and other local groups, to the 
        extent required under the statewide preparedness strategy 
        specified in the application for the grant, not less than 80 
        percent of the grant funds or resources purchased with the 
        grant funds having a value equal to at least 80 percent of the 
        amount of the grant, or a combination thereof, as soon as 
        practicable but not later than 60 days after the date of 
        receipt of the grant funds by the State. A State shall provide 
        funds, or resources purchased with funds, made available under 
        section 732 directly to an Indian tribe.
            ``(2) Certifications regarding distribution of grant funds 
        to local governments.--Any State that receives a covered grant 
        shall certify to the Secretary that the State has made 
        available for expenditure by tribal and local governments, 
        first responders, and other local groups the required amount of 
        grant funds pursuant to paragraph (1).
            ``(3) Report on preparedness spending.--Each State shall 
        submit a report to the Secretary not later than 60 days after 
        the end of each fiscal year. Each report shall include the 
        following:
                    ``(A) The amount, ultimate recipients, and dates of 
                receipt of all funds received under the grant during 
                the previous fiscal year.
                    ``(B) The amount and the dates of disbursements of 
                all such funds expended in compliance with paragraph 
                (1) or pursuant to mutual aid agreements or other 
                sharing arrangements that apply within the State during 
                the previous fiscal year.
                    ``(C) How the funds were utilized by each ultimate 
                recipient or beneficiary during the preceding fiscal 
                year.
                    ``(D) The extent to which essential capabilities 
                identified in the State's statewide preparedness 
                strategy were achieved or enhanced as the result of the 
                expenditure of grant funds during the preceding fiscal 
                year.
                    ``(E) The extent to which essential capabilities 
                identified in the State's statewide preparedness 
                strategy remain unmet.
            ``(4) Inclusion of restricted annexes.--A State may submit 
        to the Secretary an annex to the report under paragraph (3) 
        that is subject to appropriate handling restrictions, if the 
        State believes that discussion in the report of unmet needs 
        would reveal sensitive but unclassified information.
            ``(5) Provision of reports.--The Secretary shall ensure 
        that each report under paragraph (3) is provided to the Under 
        Secretary for Emergency Preparedness and Response and the 
        Director of the Office for Domestic Preparedness.
    ``(f) Cost sharing.--
            ``(1) In general.--The Federal share of the costs of an 
        activity carried out with a covered grant to a State awarded 
        after the 2-year period beginning on the date of the enactment 
        of this section shall not exceed 75 percent.
            ``(2) Interim rule.--
                    ``(A) In general.--The Federal share of the costs 
                of an activity carried out with a covered grant awarded 
                before the end of the 2-year period beginning on the 
                date of the enactment of this section shall be 100 
                percent.
                    ``(B) Limitation.--This paragraph shall not apply 
                to funds used for construction or enhancement of 
                facilities for emergency operations centers.
            ``(3) In-kind matching.--Each State may meet the matching 
        requirement under subparagraph (A) by making in-kind 
        contributions of goods or services that are directly linked 
        with the purpose for which the grant is made, including any 
        necessary personnel overtime, contractor services, 
        administrative costs, equipment fuel and maintenance, and 
        rental space.

``SEC. 734. RESTRICTIONS ON EXISTING PROGRAMS.

    ``Determinations on the allocation, award, and use of grants made 
under the following programs shall be made in accordance with their 
authorizing statutes and without priority given to terrorism 
preparedness activities:
            ``(1) The fire grant programs authorized by sections 33 and 
        34 of the Federal Fire Prevention and Control Act of 1974 (15 
        U.S.C. 2229; 2229a).
            ``(2) The Emergency Management Performance Grant program 
        and the Urban Search and Rescue Grants program authorized by 
        title VI of this Act.
            ``(3) The Earthquake Hazards Reduction Act of 1977 (42 
        U.S.C. 7701 et seq.).

``SEC. 735. AUTHORIZATION OF APPROPRIATIONS.

    For making covered grants under this subtitle, there is authorized 
to be appropriated to the Secretary of Homeland Security $3,400,000,000 
for fiscal year 2006, and such sums as may be necessary for each of 
fiscal years 2007 through 2009.

             ``Subtitle C--Reporting and Other Requirements

``SEC. 751. REQUIRED COORDINATION.

    ``The Secretary shall ensure that there is effective and ongoing 
coordination of Federal preparedness and response efforts for major 
disasters and emergencies, including those caused by terrorist attacks, 
among the divisions of the Department, including the Emergency 
Preparedness and Response Directorate and the Office of State and Local 
Government Preparedness and Coordination.

``SEC. 752. ANNUAL REPORTS TO CONGRESS.

    ``(a) In General.--Not later than September 30, 2005, and annually 
thereafter, the Secretary shall transmit to Congress an annual report 
on the Nation's level of preparedness, including State capabilities, 
the readiness of Federal civil response assets, and the utilization of 
mutual-aid agreements.
    ``(b) Contents.--Each report shall include--
            ``(1) an assessment of how the Federal first responder 
        preparedness assistance programs support the national 
        preparedness goal;
            ``(2) an estimate of the amount of Federal, State, tribal, 
        and local expenditures required to attain the essential 
        capabilities established under section 712(a);
            ``(3) a detailed description of the amount of Federal funds 
        provided as covered grants that were directed to each State in 
        the preceding fiscal year;
            ``(4) information on the use of such grant funds by 
        grantees; and
            ``(5) a description on a nationwide and State-by-State 
        basis--
                    ``(A) the extent to which essential capabilities 
                identified in applicable statewide preparedness 
                strategy were created or enhanced as the result of the 
                expenditure of covered grant funds during the preceding 
                fiscal year; and
                    ``(B) the extent to which essential capabilities 
                identified in applicable statewide preparedness 
                strategy remain unmet.
            ``(6) Use of quantifiable performance measurement.--Each 
        report shall be based on quantifiable performance 
        measurements.''.

SEC. 5. MODIFICATION OF HOMELAND SECURITY ADVISORY SYSTEM.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (Public Law 107-296; 6 U.S.C. 121 et seq.) is amended by 
adding at the end the following:

``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.

    ``(a) In General.--The Secretary shall revise the Homeland Security 
Advisory System referred to in section 201(d)(7) to require that any 
designation of a threat level or other warning shall be accompanied by 
a designation of the geographic regions or economic sectors to which 
the designation applies.
    ``(b) Reports.--The Secretary shall report to the Congress annually 
by not later than December 31 each year regarding the geographic 
region-specific warnings and economic sector-specific warnings issued 
during the preceding fiscal year under the Homeland Security Advisory 
System referred to in section 201(d)(7), and the bases for such 
warnings. The report shall be submitted in unclassified form and may, 
as necessary, include a classified annex.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 202 the following:

``203. Homeland Security Advisory System.''.

SEC. 6. COORDINATION OF INDUSTRY EFFORTS.

    Section 102(f) of the Homeland Security Act of 2002 (Public Law 
107-296; 6 U.S.C. 112(f)) is amended by striking ``and'' after the 
semicolon at the end of paragraph (6), by striking the period at the 
end of paragraph (7) and inserting ``; and'', and by adding at the end 
the following:
            ``(8) coordinating industry efforts to identify private 
        sector resources and capabilities that could be effective in 
        supplementing Federal, State, and local government agency 
        efforts to prevent or respond to a terrorist attack.''.

SEC. 7. SENSE OF CONGRESS REGARDING INTEROPERABLE COMMUNICATIONS.

    (a) Finding.--The Congress finds that--
            (1) many first responders working in the same jurisdiction 
        or in different jurisdictions cannot effectively and 
        efficiently communicate with one another; and
            (2) their inability to do so threatens the public's safety 
        and may result in unnecessary loss of lives and property.
    (b) Sense of Congress.--It is the sense of the Congress that it is 
of national importance that interoperable emergency communications 
systems that to the extent possible meet national voluntary consensus 
standards should be developed and promulgated as soon as practicable 
for use by the first responder community.

SEC. 8. SENSE OF CONGRESS REGARDING CITIZEN CORPS COUNCILS.

    (a) Finding.--The Congress finds that Citizen Corps councils help 
to enhance local citizen participation in terrorism preparedness by 
coordinating multiple Citizen Corps programs, developing community 
action plans, assessing possible threats, and identifying local 
resources.
    (b) Sense of Congress.--It is the sense of the Congress that 
individual Citizen Corps councils should seek to enhance the 
preparedness and response capabilities of all organizations 
participating in the councils, including by providing funding to as 
many of their participating organizations as practicable to promote 
local terrorism preparedness programs.

SEC. 9. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.

    (a) Study.--The Secretary of Homeland Security, in consultation 
with the heads of other appropriate Federal agencies and 
representatives of providers and participants in the telecommunications 
industry, shall conduct a study to determine whether it is cost-
effective, efficient, or feasible to establish and implement an 
emergency telephonic alert notification system that will--
            (1) alert persons in the United States of imminent or 
        current hazardous events caused by acts of terrorism; and
            (2) provide information to individuals regarding 
        appropriate measures that may be undertaken to alleviate or 
        minimize threats to their safety and welfare posed by such 
        events.
    (b) Technologies to Consider.--In conducting the study, the 
Secretary shall consider the use of the telephone, wireless 
communications, and other existing communications networks to provide 
such notification.
    (c) Report.--Not later than 9 months after the date of the 
enactment of this Act, the Secretary shall submit to the Congress a 
report regarding the conclusions of the study.

SEC. 10. SENSE OF CONGRESS.

    It is the sense of Congress that for purposes of emergency 
planning--
            (1) lack of sufficient bandwidth can have detrimental 
        consequences for State and local governments during times of 
        crisis;
            (2) State and local governments should understand how 
        communication networks will perform in emergencies by analyzing 
        the experience of end users; and
            (3) State and local governments should look into expanding 
        bandwidth efficiency by using cost effective means such as 
        incorporating bandwidth allocation tools into their networks to 
        ensure proper communication is available during times of 
        crisis.

[SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    [(a) Short Title.--This Act may be cited as the ``Faster and 
Smarter Funding for First Responders Act of 2004''.
    [(b) Table of Contents.--The table of contents for this Act is as 
follows:

[Sec. 1. Short title; table of contents.
[Sec. 2. Findings.
[Sec. 3. Faster and Smarter Funding for First Responders.

              [``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

        [``1801. Faster and smarter funding for first responders.
        [``1802. Essential capabilities for first responders.
        [``1803. 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.

[SEC. 2. FINDINGS.

    [The Congress finds the following:
            [(1) In order to achieve its objective of minimizing the 
        damage, and assisting in the recovery, from terrorist attacks, 
        the Department of Homeland Security must play a leading role in 
        assisting communities to reach the level of preparedness they 
        need to respond to a terrorist attack.
            [(2) First responder funding is not reaching the men and 
        women of our Nation's first response teams quickly enough, and 
        sometimes not at all.
            [(3) To reform the current bureaucratic process so that 
        homeland security dollars reach the first responders who need 
        it most, it is necessary to clarify and consolidate the 
        authority and procedures of the Department of Homeland Security 
        to support first responders.
            [(4) Ensuring adequate resources for the new national 
        mission of homeland security requires a discrete and separate 
        grant making process for homeland security funds for first 
        response to terrorist acts, on the one hand, and for first 
        responder programs designed to meet pre-9/11 priorities, on the 
        other.
            [(5) Homeland security grants to first responders must be 
        based on the best intelligence concerning the capabilities and 
        intentions of our terrorist enemies, and that intelligence must 
        be used to target resources to the Nation's greatest risks, 
        vulnerabilities, and consequences.
            [(6) The Nation's first response capabilities will be 
        improved by sharing resources, training, planning, personnel, 
        and equipment among neighboring jurisdictions through mutual 
        aid agreements and regional cooperation. Such regional 
        cooperation should be supported, where appropriate, through 
        direct grants from the Department of Homeland Security.
            [(7) An essential prerequisite to achieving the Nation's 
        homeland security objectives for first responders is the 
        establishment of well-defined national goals for terrorism 
        preparedness. These goals should delineate the essential 
        capabilities that every jurisdiction in the United States 
        should possess or to which it should have access.
            [(8) A national determination of essential capabilities is 
        needed to identify levels of State and local government 
        terrorism preparedness, to determine the nature and extent of 
        State and local first responder needs, to identify the human 
        and financial resources required to fulfill them, and to direct 
        funding to meet those needs and to measure preparedness levels 
        on a national scale.
            [(9) To facilitate progress in attaining essential 
        capabilities for State and local first responders, the 
        Department of Homeland Security should seek to allocate 
        homeland security funding for first responders to meet 
        nationwide needs.
            [(10) Private sector resources and citizen volunteers can 
        perform critical functions in assisting in preventing and 
        responding to terrorist attacks, and should be integrated into 
        State and local planning efforts to ensure that their 
        capabilities and roles are understood, so as to provide 
        enhanced State and local operational capability and surge 
        capacity.
            [(11) Public-private partnerships, such as the partnerships 
        between the Business Executives for National Security and the 
        States of New Jersey and Georgia, can be useful to identify and 
        coordinate private sector support for State and local first 
        responders. Such models should be expanded to cover all States 
        and territories.
            [(12) An important component of national standards is 
        measurability, so that it is possible to determine how prepared 
        a State or local government is now, and what additional steps 
        it needs to take, in order to respond to acts of terrorism.
            [(13) The Department of Homeland Security should establish, 
        publish, and regularly update national voluntary consensus 
        standards for both equipment and training, in cooperation with 
        both public and private sector standard setting organizations, 
        to assist State and local governments in obtaining the 
        equipment and training to attain the essential capabilities for 
        first response to acts of terrorism, and to ensure that first 
        responder funds are spent wisely.

[SEC. 3. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    [(a) In General.--The Homeland Security Act of 2002 (Public Law 
107-296; 6 U.S.C. 361 et seq.) is amended--
            [(1) in section 1(b) in the table of contents by adding at 
        the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

[``1801. Faster and smarter funding for first responders.
[``1802. Essential capabilities for first responders.
[``1803. 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
            [(2) by adding at the end the following:

              [``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

[``SEC. 1801. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    [``(a) Covered Grants.--This title applies to any grant provided by 
the Department to States, regions, or directly eligible tribes to 
improve the ability of first responders to prevent, prepare for, 
respond to, or mitigate threatened or actual terrorist attacks, 
especially those involving weapons of mass destruction, and including 
any grant under the following:
            [``(1) State homeland security grant program.--The State 
        Homeland Security Grant Program of the Department, or any 
        successor to such grant program.
            [``(2) Urban area security initiative.--The Urban Area 
        Security Initiative of the Department, or any successor to such 
        grant program.
    [``(b) Excluded Programs.--This title does not apply to or 
otherwise affect the following Federal grant programs or any grant 
under such a program:
            [``(1) Nondepartment programs.--Any Federal grant program 
        that is not administered by the Department.
            [``(2) Fire grant programs.--The fire grant programs 
        authorized by sections 33 and 34 of the Federal Fire Prevention 
        and Control Act of 1974 (15 U.S.C. 2229, 2229a).
            [``(3) Emergency management planning and assistance account 
        grants.--The Emergency Management Performance Grant program and 
        the Urban Search and Rescue Grants program authorized by title 
        VI of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5195 et seq.); the Departments of 
        Veterans Affairs and Housing and Urban Development, and 
        Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 
        et seq.); and the Earthquake Hazards Reduction Act of 1977 (42 
        U.S.C. 7701 et seq.).

[``SEC. 1802. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.

    [``(a) Establishment of Essential Capabilities.--
            [``(1) In general.--The Secretary shall establish clearly 
        defined essential capabilities for State and local government 
        preparedness for terrorism, in consultation with--
                    [``(A) the Task Force on Essential Capabilities for 
                First Responders established under section 1803;
                    [``(B) the Under Secretaries for Emergency 
                Preparedness and Response, Border and Transportation 
                Security, Information Analysis and Infrastructure 
                Protection, and Science and Technology, and the 
                Director of the Office for Domestic Preparedness;
                    [``(C) other appropriate Federal agencies;
                    [``(D) State and local first responder agencies and 
                officials; and
                    [``(E) groups responsible for setting standards 
                relevant to the first responder community.
            [``(2) Deadlines.--The Secretary shall--
                    [``(A) establish essential capabilities under 
                paragraph (1) within 30 days after receipt of the 
                initial submission of a final report under section 
                1803(c)(2); and
                    [``(B) regularly update such essential capabilities 
                as necessary, but not less than every 3 years.
            [``(3) Provision of essential capabilities.--The Secretary 
        shall ensure that essential capabilities established under 
        paragraph (1) are provided promptly to the States and to the 
        Congress. The States shall make the essential capabilities 
        available as necessary and appropriate to local governments 
        within their jurisdictions.
    [``(b) Objectives.--The Secretary shall ensure that essential 
capabilities established under subsection (a)(1) meet the following 
objectives:
            [``(1) Specificity.--The determination of essential 
        capabilities specifically shall describe the training, 
        planning, personnel, and equipment that different types of 
        communities in the Nation should possess, or to which they 
        should have access, in order to meet the Department's goals for 
        terrorism preparedness based upon--
                    [``(A) the most current risk assessment available 
                by the Directorate for Information Analysis and 
                Infrastructure Protection of the threats of terrorism 
                against the United States; and
                    [``(B) the types of threats, vulnerabilities, 
                geography, size, and other factors that the Secretary 
                has determined to be applicable to each different type 
                of community.
            [``(2) Flexibility.--The establishment of essential 
        capabilities shall be sufficiently flexible to allow State and 
        local government officials to set priorities based on 
        particular needs, while reaching nationally determined 
        terrorism preparedness levels within a specified time period.
            [``(3) Measurability.--The establishment of essential 
        capabilities shall be designed to enable measurement of 
        progress towards specific terrorism preparedness goals.
    [``(c) Threats to Be Considered.--
            [``(1) In general.--In establishing essential capabilities 
        under subsection (a)(1), the Secretary specifically shall 
        consider the variables of threat, vulnerability, and 
        consequences with respect to the Nation's population (including 
        transient commuting and tourist populations) and critical 
        infrastructure. Such consideration shall be based upon the most 
        current risk assessment available by the Directorate for 
        Information Analysis and Infrastructure Protection of the 
        threats of terrorism against the United States.
            [``(2) Critical infrastructure sectors.--The Secretary 
        specifically shall consider threats of terrorism against the 
        following critical infrastructure sectors in all areas of the 
        Nation, urban and rural:
                    [``(A) Agriculture.
                    [``(B) Banking and finance.
                    [``(C) Chemical industries.
                    [``(D) The defense industrial base.
                    [``(E) Emergency services.
                    [``(F) Energy.
                    [``(G) Food.
                    [``(H) Government.
                    [``(I) Postal and shipping.
                    [``(J) Public health.
                    [``(K) Information and telecommunications networks.
                    [``(L) Transportation, ports, and containers.
                    [``(M) Water.
                    [``(N) Courts and justice facilities.
        The order in which the critical infrastructure sectors are 
        listed in this paragraph shall not be construed as an order of 
        priority for consideration of the importance of such sectors.
            [``(3) Consideration of additional threats.--In 
        establishing essential capabilities under subsection (a)(1), 
        the Secretary shall take into account any other specific threat 
        to a population (including a transient commuting or tourist 
        population) or critical infrastructure sector that the 
        Secretary has determined to exist.

[``SEC. 1803. TASK FORCE ON ESSENTIAL CAPABILITIES FOR FIRST 
              RESPONDERS.

    [``(a) Establishment.--To assist the Secretary in establishing 
essential capabilities under section 1802(a)(1), the Secretary shall 
establish an advisory body to be known as the Task Force on Essential 
Capabilities for First Responders not later than 60 days after the date 
of the enactment of this section.
    [``(b) Draft Report.--
            [``(1) In general.--The Task Force shall submit to the 
        Secretary, not later than one year after its establishment by 
        the Secretary under subsection (a) and every 3 years 
        thereafter, a draft report on its recommendations for the 
        essential capabilities all State and local government first 
        responders should possess, or to which they should have access, 
        to enhance terrorism preparedness, including--
                    [``(A) to prevent a terrorist attack;
                    [``(B) to protect persons and critical 
                infrastructure against attack; and
                    [``(C) to enhance terrorism response and mitigation 
                capabilities if such an attack occurs.
            [``(2) Threats to be considered in determining essential 
        capabilities.--
                    [``(A) In general.--In reporting to the Secretary 
                on its recommendations for essential capabilities, the 
                Task Force specifically shall consider the critical 
                infrastructure sectors described in section 1802(c)(2), 
                and the threats to populations in all areas of the 
                Nation, urban and rural, including the following:
                            [``(i) Biological threats.
                            [``(ii) Nuclear threats.
                            [``(iii) Radiological threats.
                            [``(iv) Incendiary threats.
                            [``(v) Chemical threats.
                            [``(vi) Explosives.
                            [``(vii) Suicide bombers.
                            [``(viii) Cyber threats.
                            [``(ix) Any other threats based on 
                        proximity to specific past acts of terrorism or 
                        the known activity of any terrorist group.
                    [``(B) No priority.--The order in which the threats 
                are listed in subparagraph (A) shall not be construed 
                as an order of priority for consideration of the 
                importance of such threats.
            [``(3) Risk-based.--The draft report shall be based upon 
        the most current risk assessment available by the Directorate 
        for Information Analysis and Infrastructure Protection of the 
        threats of terrorism against the United States provided to the 
        Task Force pursuant to subsection (d).
            [``(4) Contents.--The draft report shall--
                    [``(A) include a priority ranking of essential 
                capabilities, in order to provide guidance to the 
                Secretary and to the Congress on determining the 
                appropriate allocation of, and funding levels for, 
                first responder needs;
                    [``(B) set forth a methodology by which any State 
                or local government will be able to determine the 
                extent to which it possesses or has access to the 
                essential capabilities that States and local 
                governments having similar risks should obtain;
                    [``(C) describe the availability of national 
                voluntary consensus standards, and whether there is a 
                need for new national voluntary consensus standards, 
                with respect to first responder training and equipment;
                    [``(D) include such additional matters as the 
                Secretary may specify in order to further the terrorism 
                preparedness capabilities of first responders; and
                    [``(E) include such revisions to the contents of 
                past reports as are necessary to take into account 
                changes in the most current risk assessment available 
                by the Directorate for Information Analysis and 
                Infrastructure Protection or other relevant information 
                as determined by the Secretary.
    [``(c) Review and Revision of Draft Report.--
            [``(1) Review and comments.--Within 30 days after the date 
        of the submission of the draft report by the Task Force under 
        subsection (b), the Secretary shall review and provide comments 
        to the Task Force on the contents of the draft report.
            [``(2) Revision and submission of final report.--Within 30 
        days after receiving the Secretary's comments, the Task Force 
        shall--
                    [``(A) revise its draft report based on the 
                comments provided by the Secretary, and any other 
                comments it has solicited and received, if the Task 
                Force determines that such revisions are appropriate; 
                and
                    [``(B) submit the final report on essential 
                capabilities to the Secretary and to the Congress.
    [``(d) Task Force Access to Information.--
            [``(1) Security clearances.--For purposes of carrying out 
        its responsibilities under this section, the Task Force shall 
        be provided as a matter of priority appropriate security 
        clearances, including interim security clearances.
            [``(2) Access to finished intelligence.--For purposes of 
        carrying out its responsibilities under this section, the Task 
        Force shall be provided access to all finished intelligence and 
        analytic products it may request from the Directorate for 
        Information Analysis and Infrastructure Protection or other 
        sources within the Department concerning the nature and 
        likelihood of terrorist attacks on the territory of the United 
        States.
            [``(3) Access to assessment tools.--For purposes of 
        carrying out its responsibilities under this section, the Task 
        Force shall be provided access to all tools or methodologies 
        currently or formerly used by the Department and its 
        predecessor organizations to assess the preparedness 
        capabilities of State and local governments.
            [``(4) Valid clearances.--Nothing in this section shall be 
        considered to authorize a member of the Task Force to have 
        access to classified information unless that member possesses a 
        valid clearance to receive such information.
    [``(e) Membership.--
            [``(1) In general.--The Task Force shall consist of 25 
        members appointed by the Secretary, and shall--
                    [``(A) represent a cross section of first responder 
                disciplines; and
                    [``(B) include both State and local representatives 
                within each discipline.
            [``(2) Term of members.--Each appointed member of the Task 
        Force shall serve for a term not to exceed 18 months. No 
        individual may be appointed as a member of the Task Force for 
        more than 2 terms.
            [``(3) Selection of members.--The Secretary shall include 
        in the membership of the Task Force--
                    [``(A) members selected from the emergency response 
                field, including firefighters and law enforcement, 
                hazardous materials response, emergency medical 
                services, and emergency management personnel (including 
                public works personnel routinely engaged in emergency 
                response);
                    [``(B) health scientists, emergency and inpatient 
                medical providers, and public health professionals, 
                including experts in emergency health care response to 
                chemical, biological, radiological, and nuclear 
                terrorism, and experts in providing mental health care 
                during emergency response operations;
                    [``(C) experts from Federal, State, and local 
                governments, and the private sector, representing 
                standards-setting organizations, including 
                representation from the voluntary consensus codes and 
                standards development community, particularly those 
                with expertise in firefighting, law enforcement, and 
                emergency medical services delivery; and
                    [``(D) State and local officials with expertise in 
                terrorism preparedness, subject to the condition that 
                if any such officials are elected officials, an equal 
                number shall be selected from each of the two major 
                political parties.
            [``(4) Ex officio members.--The Secretary shall designate 
        one or more officers of the Department to serve as ex officio 
        members of the Task Force, one of whom shall be the designated 
        officer of the Federal Government for purposes of subsection 
        (e) of section 10 of the Federal Advisory Committee Act.
            [``(5) Diversity in composition of task force.--In 
        appointing members to the Task Force, the Secretary shall 
        ensure, to the extent practicable, that its membership--
                    [``(A) is geographically diverse;
                    [``(B) includes representatives from both rural and 
                urban jurisdictions;
                    [``(C) includes representatives from both 
                management and labor;
                    [``(D) includes representatives from both uniformed 
                and nonuniformed professions;
                    [``(E) includes representatives from both voluntary 
                and professional services;
                    [``(F) includes representatives from both 
                government and nongovernment emergency medical 
                services; and
                    [``(G) includes sufficient personnel with security 
                clearances necessary to review classified materials 
                that may be needed to conduct the business of the Task 
                Force.
            [``(6) Chair.--At the first meeting of the Task Force, the 
        membership of the Task Force appointed under paragraph (3) 
        shall elect a chair of the Task Force.
    [``(f) Meetings.--The Task Force shall meet as often as necessary 
to complete reports in accordance with this section.
    [``(g) Pay.--
            [``(1) In general.--Members of the Task Force shall serve 
        without pay by reason of their work on the Task Force.
            [``(2) Federal officers and employees.--Members of the Task 
        Force who are officers or employees of the United States shall 
        receive no additional pay by reason of their service as a 
        member of the Task Force.
    [``(h) Travel Expenses.--Members of the Task Force shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Task Force.
    [``(i) Services, Funds, and Staff.--The Secretary shall provide to 
the Task Force, on a non-reimbursable basis, such administrative 
services, funds, staff, facilities, and other support services as the 
Secretary determines necessary, in consultation with the chair of the 
Task Force, for the Task Force to perform its duties efficiently and in 
accordance with this section.
    [``(j) Details.--Upon the request of the Task Force, the Secretary 
may detail, without reimbursement, any personnel of the Department to 
assist the Task Force in carrying out its duties. Any such detail of an 
employee shall be without interruption or loss of civil service status 
or privilege.
    [``(k) Applicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.), including subsections 
(a), (b), and (d) of section 10 of such Act, and section 552b(c) of 
title 5, United States Code, shall apply to the Task Force.

[``SEC. 1804. COVERED GRANT ELIGIBILITY AND CRITERIA.

    [``(a) Grant Eligibility.--Any State, region, or directly eligible 
tribe shall be eligible to apply for a covered grant.
    [``(b) Awarding Grants.--
            [``(1) Criteria.--In awarding covered grants, the Secretary 
        shall assist States and local governments in achieving the 
        essential capabilities for first responders established by the 
        Secretary under section 1802.
            [``(2) Threat assessments.--In assessing threats for 
        purposes of awarding covered grants, the credibility of the 
        threat shall be weighted more than population concentration or 
        critical infrastructure or any other consideration.
    [``(c) State Homeland Security Plans.--
            [``(1) Submission of plans.--The Secretary shall require 
        that any State applying to the Secretary for a covered grant 
        must submit to the Secretary a 3-year State homeland security 
        plan that--
                    [``(A) demonstrates the extent to which the State 
                has achieved the essential capabilities that apply to 
                the State, and describes the extent to which the State 
                used the methodology developed pursuant to section 
                1803(b)(4)(B) to evaluate the level of its essential 
                capabilities;
                    [``(B) demonstrates the additional needs of the 
                State necessary to achieve the essential capabilities 
                that apply to the State;
                    [``(C) includes a prioritization of such additional 
                needs based on threat, vulnerability, and consequence 
                assessment factors applicable to the State;
                    [``(D) describes how the State intends--
                            [``(i) to address such additional needs at 
                        the city, county, regional, State, and 
                        interstate level, and with respect to any 
                        Indian tribes within its boundaries;
                            [``(ii) to use all Federal, State, and 
                        local resources available for the purpose of 
                        addressing such additional needs; and
                            [``(iii) to give particular emphasis to 
                        regional planning and cooperation, both within 
                        its jurisdictional borders and with neighboring 
                        States; and
                    [``(E) is developed in consultation with and 
                subject to appropriate comment by local governments 
                within the State.
            [``(2) Approval by secretary.--The Secretary may not award 
        any covered grant to a State unless the Secretary has approved 
        the applicable State homeland security plan.
    [``(d) Consistency With State Plans.--The Secretary shall ensure 
that each covered grant is used to supplement and support, in a 
consistent and coordinated manner, the applicable State homeland 
security plan or plans.
    [``(e) Application for Grant.--
            [``(1) In general.--Any State, region, or directly eligible 
        tribe may apply for a covered grant by submitting to the 
        Secretary an application at such time, in such manner, and 
        containing such information as is required under this 
        subsection, or as the Secretary may reasonably require.
            [``(2) Deadlines for applications and awards.--All 
        applications for covered grants must be submitted to the 
        Secretary no later than February 15 of the fiscal year for 
        which they are submitted. The Secretary shall award covered 
        grants pursuant to all approved applications for such fiscal 
        year as soon as practicable, but not later than July 31 of such 
        year.
            [``(3) Availability of funds.--All funds awarded by the 
        Secretary under covered grants in a fiscal year shall be 
        available for obligation through the end of the subsequent 
        fiscal year.
            [``(4) Minimum contents of application.--The Secretary 
        shall require that each applicant include in its application, 
        at a minimum--
                    [``(A) the purpose for which the applicant seeks 
                covered grant funds and the reasons why the applicant 
                needs the covered grant to meet the essential 
                capabilities for terrorism preparedness within the 
                boundaries of the State, region, or directly eligible 
                tribe to which the application pertains;
                    [``(B) a description of how, by reference to the 
                applicable State homeland security plan or plans under 
                subsection (c), the allocation of grant funding 
                proposed in the application, including, where 
                applicable, the amount not passed through under section 
                1805(e)(1), would assist in fulfilling the essential 
                capabilities specified in such plan or plans;
                    [``(C) a statement of whether a mutual aid 
                agreement applies to the use of all or any portion of 
                the covered grant funds;
                    [``(D) if the applicant is a region--
                            [``(i) a precise geographical description 
                        of the region and a specification of all 
                        participating and nonparticipating local 
                        governments within the geographical area 
                        comprising that region;
                            [``(ii) a specification of what 
                        governmental entity within the region will 
                        administer the expenditure of funds under the 
                        covered grant; and
                            [``(iii) a designation of a specific 
                        individual to serve as regional liaison;
                    [``(E) if the applicant is a directly eligible 
                tribe, a designation of a specific individual to serve 
                as tribal liaison;
                    [``(F) a capital budget showing how the applicant 
                intends to allocate and expend the covered grant funds; 
                and
                    [``(G) a statement of how the applicant intends to 
                meet the matching requirement, if any, that applies 
                under section 1805(e)(2).
            [``(5) Regional applications.--
                    [``(A) Submission to state or states.--To ensure 
                the consistency required under subsection (d), an 
                applicant that is a region must simultaneously submit 
                its application to the Department and to each State of 
                which any part is included in the region.
                    [``(B) Opportunity for state comment.--Before 
                awarding any covered grant to a region, the Secretary 
                shall provide an opportunity to each State of which any 
                part is included in a region, during the 30-day period 
                beginning on the date on which the region submits an 
                application for a covered grant, to comment to the 
                Secretary on the consistency of the region's plan with 
                the State's homeland security plan.
                    [``(C) Final authority.--The Secretary shall have 
                final authority to determine the consistency of any 
                regional application with the applicable State homeland 
                security plan or plans and approve any regional 
                application. The Secretary shall notify each State of 
                which any part is included in a region of the approval 
                of a regional application for that region.
                    [``(D) Regional liaisons.--A regional liaison 
                designated under paragraph (4)(D)(iii) shall--
                            [``(i) coordinate with Federal, State, 
                        local, regional, and private officials within 
                        the region concerning terrorism preparedness;
                            [``(ii) develop a process for receiving 
                        input from Federal, State, local, regional, and 
                        private sector officials within the region to 
                        assist in the development of the regional 
                        application and to improve the region's access 
                        to covered grants; and
                            [``(iii) administer, in consultation with 
                        State, local, regional, and private officials 
                        within the region, covered grants awarded to 
                        the region.
            [``(6) Tribal applications.--
                    [``(A) Submission to state or states.--To ensure 
                the consistency required under subsection (d), an 
                applicant that is a directly eligible tribe must 
                simultaneously submit its application to the Department 
                and to each State within the boundaries of which any 
                part of that tribe is located.
                    [``(B) Opportunity for state comment.--Before 
                awarding any covered grant to a directly eligible 
                tribe, the Secretary shall provide an opportunity to 
                each State within the boundaries of which any part of 
                that tribe is located, during the 30-day period 
                beginning on the date on which the tribe submits an 
                application for a covered grant, to comment to the 
                Secretary on the consistency of the tribe's plan with 
                the State's homeland security plan.
                    [``(C) Final authority.--The Secretary shall have 
                final authority to determine the consistency of any 
                application of a directly eligible tribe with the 
                applicable State homeland security plan or plans and 
                approve any application of that tribe. The Secretary 
                shall notify each State within the boundaries of which 
                any part of that tribe is located of the approval of an 
                application of that tribe.
                    [``(D) Tribal liaison.--A tribal liaison designated 
                under paragraph (4)(E) shall--
                            [``(i) coordinate with Federal, State, 
                        local, regional, and private officials 
                        concerning terrorism preparedness;
                            [``(ii) develop a process for receiving 
                        input from Federal, State, local, regional, and 
                        private sector officials to assist in the 
                        development of the application of that tribe 
                        and to improve the tribe's access to covered 
                        grants; and
                            [``(iii) administer, in consultation with 
                        State, local, regional, and private officials, 
                        covered grants awarded to that tribe.
                    [``(E) Limitation on number of direct grants.--The 
                Secretary may make covered grants directly to not more 
                than 20 directly eligible tribes per fiscal year.
                    [``(F) Tribes not receiving direct grants.--An 
                Indian tribe not receiving a grant directly under this 
                section is eligible to receive funds under a covered 
                grant from the State or States within the boundaries of 
                which any part of that tribe is located, consistent 
                with the homeland security plan of the State as 
                described in subsection (c). If a State fails to comply 
                with section 1805(e)(1), the tribe is entitled to 
                pursue the procedures set forth in section 1805(f)(3) 
                to the extent applicable.
            [``(7) Equipment standards.--If an applicant for a covered 
        grant proposes to upgrade or purchase, with assistance provided 
        under the grant, new equipment or systems that do not meet or 
        exceed any applicable national voluntary consensus standards 
        established by the Secretary under section 1806(a), the 
        applicant shall include in the application an explanation of 
        why such equipment or systems will serve the needs of the 
        applicant better than equipment or systems that meet or exceed 
        such standards.
    [``(f) First Responder Grants Board.--
            [``(1) Establishment of board.--The Secretary shall 
        establish a First Responder Grants Board, consisting of--
                    [``(A) the Secretary;
                    [``(B) the Under Secretary for Emergency 
                Preparedness and Response;
                    [``(C) the Under Secretary for Border and 
                Transportation Security;
                    [``(D) the Under Secretary for Information Analysis 
                and Infrastructure Protection;
                    [``(E) the Under Secretary for Science and 
                Technology; and
                    [``(F) the Director of the Office for Domestic 
                Preparedness.
            [``(2) Chairman.--
                    [``(A) In general.--The Secretary shall be the 
                Chairman of the Board.
                    [``(B) Exercise of authorities by deputy 
                secretary.--The Deputy Secretary of Homeland Security 
                may exercise the authorities of the Chairman, if the 
                Secretary so directs.
            [``(3) Ranking of grant applications.--
                    [``(A) Prioritization of grants.--The Board shall 
                evaluate and annually prioritize all pending 
                applications for covered grants based upon the degree 
                to which they would lessen the threat to, vulnerability 
                of, and consequences for persons and critical 
                infrastructure.
                    [``(B) Achieving nationwide capability.--In 
                evaluating and prioritizing grant applications under 
                subparagraph (A), the Board shall seek to achieve and 
                enhance essential capabilities throughout the Nation.
                    [``(C) Minimum amounts.--After evaluating and 
                prioritizing grant applications under subparagraph (A), 
                the Board shall ensure that, for each fiscal year--
                            [``(i) the States, the District of 
                        Columbia, and the Commonwealth of Puerto Rico 
                        each receive no less than 0.25 percent of the 
                        funds available for covered grants for that 
                        fiscal year for purposes of implementing its 
                        homeland security plan in accordance with the 
                        prioritization of additional needs under 
                        subsection (c)(1)(C);
                            [``(ii) the United States Virgin Islands, 
                        America Samoa, Guam, and the Northern Mariana 
                        Islands each receive no less than 0.08 percent 
                        of the funds available for covered grants for 
                        that fiscal year for purposes of implementing 
                        its homeland security plan in accordance with 
                        the prioritization of additional needs under 
                        subsection (c)(1)(C); and
                            [``(iii) directly eligible tribes under 
                        section 1807(8) collectively receive no less 
                        than 0.25 percent of the funds available for 
                        covered grants for that fiscal year for 
                        purposes of addressing needs identified in the 
                        applications of such tribes, consistent with 
                        the homeland security plan of each State within 
                        the boundaries of which any part of any such 
                        tribe is located.
            [``(4) Functions of under secretaries.--The Under 
        Secretaries referred to in paragraph (1) shall seek to ensure 
        that the relevant expertise and input of the staff of their 
        directorates are available to and considered by the Board.

[``SEC. 1805. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

    [``(a) In General.--A covered grant may be used for--
            [``(1) purchasing or upgrading equipment, including 
        computer software, to enhance terrorism preparedness and 
        response;
            [``(2) exercises to strengthen terrorism preparedness and 
        response;
            [``(3) training for prevention (including detection) of, 
        preparedness for, or response to attacks involving weapons of 
        mass destruction, including training in the use of equipment 
        and computer software;
            [``(4) developing or updating response plans;
            [``(5) establishing or enhancing mechanisms for sharing 
        terrorism threat information pursuant to this Act;
            [``(6) systems architecture and engineering, program 
        planning and management, strategy formulation and strategic 
        planning, life-cycle systems design, product and technology 
        evaluation, and prototype development for terrorism 
        preparedness and response purposes;
            [``(7) additional personnel costs resulting from--
                    [``(A) elevations in the threat alert level of the 
                Homeland Security Advisory System;
                    [``(B) travel to and participation in exercises and 
                training in the use of equipment and on prevention 
                activities; and
                    [``(C) the temporary replacement of personnel 
                during any period of travel to and participation in 
                exercises and training in the use of equipment and on 
                prevention activities;
            [``(8) the costs of equipment (including software) required 
        to receive, transmit, handle, and store classified information;
            [``(9) enhancing facilities to serve as operations centers, 
        or hardening critical infrastructure against potential attack 
        by the addition of barriers, fences, gates, and other such 
        devices;
            [``(10) the costs of commercially available equipment that 
        complies with, where applicable, national voluntary consensus 
        standards, and that facilitates interoperability, coordination, 
        and integration between emergency communications systems, 
        including--
                    [``(A) mobile vehicles that contain equipment such 
                as commercial telephone trunk lines, VHF and UHF 
                radios, patch panels, and crosspatches, among other 
                technologies and equipment; and
                    [``(B) communications system overlay software and 
                hardware that allow multiple disparate communications 
                networks to act as one network;
            [``(11) educational curricula development for first 
        responders to ensure that they are prepared for terrorist 
        attacks;
            [``(12) training and exercises to assist public elementary 
        and secondary schools in developing and implementing programs 
        to instruct students regarding age-appropriate skills to 
        prepare for and respond to an act of terrorism; and
            [``(13) other appropriate activities as determined by the 
        Secretary.
    [``(b) Prohibited Uses.--Funds provided as a covered grant may not 
be used--
            [``(1) to supplant State or local funds for, or otherwise 
        support, traditional missions of State and local law 
        enforcement, firefighters, emergency medical services, or 
        public health agencies, unless such support serves a dual 
        purpose and the funds are primarily intended to enhance 
        terrorism preparedness;
            [``(2) to acquire land; or
            [``(3) for any State or local government cost sharing 
        contribution.
    [``(c) Assistance Requirement.--The Secretary may not request that 
equipment paid for, wholly or in part, with funds provided as a covered 
grant be made available for responding to emergencies in surrounding 
States, regions, and localities, unless the Secretary undertakes to pay 
the costs directly attributable to transporting and operating such 
equipment during such response.
    [``(d) Flexibility in Unspent Homeland Security Grant Funds.--Upon 
request by the recipient of a covered grant, the Secretary may 
authorize the grantee to transfer all or part of funds provided as the 
covered grant from uses specified in the grant agreement to other uses 
authorized under this section, if the Secretary determines that such 
transfer is in the interests of homeland security.
    [``(e) State, Regional, and Tribal Responsibilities.--
            [``(1) Pass-through.--The Secretary shall require a 
        recipient of a covered grant that is a State to obligate or 
        otherwise make available to local governments, first 
        responders, and other local groups, to the extent required 
        under the State homeland security plan or plans specified in 
        the application for the grant, not less than 80 percent of the 
        grant funds, resources purchased with the grant funds having a 
        value equal to at least 80 percent of the amount of the grant, 
        or a combination thereof, by not later than the end of the 45-
        day period beginning on the date the grant recipient receives 
        the grant funds.
            [``(2) Cost sharing.--
                    [``(A) In general.--The Federal share of the costs 
                of an activity carried out with a covered grant to a 
                State, region, or directly eligible tribe awarded after 
                the 2-year period beginning on the date of the 
                enactment of this section shall not exceed 75 percent.
                    [``(B) Interim rule.--The Federal share of the 
                costs of an activity carried out with a covered grant 
                awarded before the end of the 2-year period beginning 
                on the date of the enactment of this section shall be 
                100 percent.
                    [``(C) In-kind matching.--Each recipient of a 
                covered grant may meet the matching requirement under 
                subparagraph (A) by making in-kind contributions of 
                goods or services that are directly linked with the 
                purpose for which the grant is made, including, but not 
                limited to, any necessary personnel overtime, 
                contractor services, administrative costs, equipment 
                fuel and maintenance, and rental space.
            [``(3) Certifications regarding distribution of grant funds 
        to local governments.--Any State that receives a covered grant 
        shall certify to the Secretary, by not later than 30 days after 
        the expiration of the period described in paragraph (1) with 
        respect to the grant, that the State has made available for 
        expenditure by local governments, first responders, and other 
        local groups the required amount of grant funds pursuant to 
        paragraph (1).
            [``(4) Annual report on homeland security spending.--Each 
        recipient of a covered grant shall submit a report to the 
        Secretary not later than 60 days after the end of each fiscal 
        year. Each recipient of a covered grant that is a region must 
        simultaneously submit its report to each State of which any 
        part is included in the region. Each recipient of a covered 
        grant that is a directly eligible tribe must simultaneously 
        submits its report to each State within the boundaries of which 
        any part of such tribe is located. Each report must include the 
        following:
                    [``(A) The amount, ultimate recipients, and dates 
                of receipt of all funds received under the grant during 
                the previous fiscal year.
                    [``(B) The amount and the dates of disbursements of 
                all such funds expended in compliance with paragraph 
                (1) or pursuant to mutual aid agreements or other 
                sharing arrangements that apply within the State, 
                region, or directly eligible tribe, as applicable, 
                during the previous fiscal year.
                    [``(C) How the funds were utilized by each ultimate 
                recipient or beneficiary during the preceding fiscal 
                year.
                    [``(D) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans were achieved or enhanced as the result 
                of the expenditure of grant funds during the preceding 
                fiscal year.
                    [``(E) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans remain unmet.
            [``(5) Inclusion of restricted annexes.--A recipient of a 
        covered grant may submit to the Secretary an annex to the 
        report under paragraph (4) that is subject to appropriate 
        handling restrictions, if the recipient believes that 
        discussion in the report of unmet needs would reveal sensitive 
        but unclassified information.
            [``(6) Provision of reports.--The Secretary shall ensure 
        that each report under paragraph (4) is provided to the Under 
        Secretary for Emergency Preparedness and Response and the 
        Director of the Office for Domestic Preparedness.
    [``(f) Incentives to Efficient Administration of Homeland Security 
Grants.--
            [``(1) Penalties for delay in passing through local 
        share.--If a recipient of a covered grant that is a State fails 
        to pass through to local governments, first responders, and 
        other local groups funds or resources required by subsection 
        (e)(1) within 45 days after receiving funds under the grant, 
        the Secretary may--
                    [``(A) reduce grant payments to the grant recipient 
                from the portion of grant funds that is not required to 
                be passed through under subsection (e)(1);
                    [``(B) terminate payment of funds under the grant 
                to the recipient, and transfer the appropriate portion 
                of those funds directly to local first responders that 
                were intended to receive funding under that grant; or
                    [``(C) impose additional restrictions or burdens on 
                the recipient's use of funds under the grant, which may 
                include--
                            [``(i) prohibiting use of such funds to pay 
                        the grant recipient's grant-related overtime or 
                        other expenses;
                            [``(ii) requiring the grant recipient to 
                        distribute to local government beneficiaries 
                        all or a portion of grant funds that are not 
                        required to be passed through under subsection 
                        (e)(1); or
                            [``(iii) for each day that the grant 
                        recipient fails to pass through funds or 
                        resources in accordance with subsection (e)(1), 
                        reducing grant payments to the grant recipient 
                        from the portion of grant funds that is not 
                        required to be passed through under subsection 
                        (e)(1), except that the total amount of such 
                        reduction may not exceed 20 percent of the 
                        total amount of the grant.
            [``(2) Extension of period.--The Governor of a State may 
        request in writing that the Secretary extend the 45-day period 
        under paragraph (1) for an additional 15-day period. The 
        Secretary may approve such a request, and may extend such 
        period for additional 15-day periods, if the Secretary 
        determines that the resulting delay in providing grant funding 
        to the local government entities that will receive funding 
        under the grant will not have a significant detrimental impact 
        on such entities' terrorism preparedness efforts.
            [``(3) Provision of non-local share to local government.--
                    [``(A) In general.--The Secretary may upon request 
                by a local government pay to the local government a 
                portion of the amount of a covered grant awarded to a 
                State in which the local government is located, if--
                            [``(i) the local government will use the 
                        amount paid to expedite planned enhancements to 
                        its terrorism preparedness as described in any 
                        applicable State homeland security plan or 
                        plans;
                            [``(ii) the State has failed to pass 
                        through funds or resources in accordance with 
                        subsection (e)(1); and
                            [``(iii) the local government complies with 
                        subparagraphs (B) and (C).
                    [``(B) Showing required.--To receive a payment 
                under this paragraph, a local government must 
                demonstrate that--
                            [``(i) it is identified explicitly as an 
                        ultimate recipient or intended beneficiary in 
                        the approved grant application;
                            [``(ii) it was intended by the grantee to 
                        receive a severable portion of the overall 
                        grant for a specific purpose that is identified 
                        in the grant application;
                            [``(iii) it petitioned the grantee for the 
                        funds or resources after expiration of the 
                        period within which the funds or resources were 
                        required to be passed through under subsection 
                        (e)(1); and
                            [``(iv) it did not receive the portion of 
                        the overall grant that was earmarked or 
                        designated for its use or benefit.
                    [``(C) Effect of payment.--Payment of grant funds 
                to a local government under this paragraph--
                            [``(i) shall not affect any payment to 
                        another local government under this paragraph; 
                        and
                            [``(ii) shall not prejudice consideration 
                        of a request for payment under this paragraph 
                        that is submitted by another local government.
                    [``(D) Deadline for action by secretary.--The 
                Secretary shall approve or disapprove each request for 
                payment under this paragraph by not later than 15 days 
                after the date the request is received by the 
                Department.
    [``(g) Reports to Congress.--The Secretary shall submit an annual 
report to the Congress by December 31 of each year--
            [``(1) describing in detail the amount of Federal funds 
        provided as covered grants that were directed to each State and 
        region in the preceding fiscal year;
            [``(2) containing information on the use of such grant 
        funds by grantees; and
            [``(3) describing, on a nationwide and State-by-State 
        basis--
                    [``(A) the extent to which essential capabilities 
                identified in applicable State homeland security plan 
                or plans were created or enhanced as the result of the 
                expenditure of covered grant funds during the preceding 
                fiscal year;
                    [``(B) the extent to which essential capabilities 
                identified in applicable State homeland security plan 
                or plans remain unmet; and
                    [``(C) an estimate of the amount of Federal, State, 
                and local expenditures required to attain across the 
                United States the essential capabilities established 
                under section 1802(a).

[``SEC. 1806. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND 
              TRAINING.

    [``(a) Equipment Standards.--
            [``(1) In general.--The Secretary, in consultation with the 
        Under Secretary for Science and Technology and the Director of 
        the Office for Domestic Preparedness, shall, not later than 6 
        months after the date of enactment of this section, support the 
        development of, promulgate, and update as necessary national 
        voluntary consensus standards for the performance, use, and 
        validation of first responder equipment for purposes of section 
        1804(e)(7). Such standards--
                    [``(A) shall be, to the maximum extent practicable, 
                consistent with any existing voluntary consensus 
                standards;
                    [``(B) shall take into account, as appropriate, new 
                types of terrorism threats that may not have been 
                contemplated when such existing standards were 
                developed; and
                    [``(C) shall be focused on maximizing 
                interoperability, interchangeability, durability, 
                flexibility, efficiency, efficacy, portability, 
                sustainability, and safety.
            [``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary shall specifically consider the following 
        categories of first responder equipment:
                    [``(A) Thermal imaging equipment.
                    [``(B) Radiation detection and analysis equipment.
                    [``(C) Biological detection and analysis equipment.
                    [``(D) Chemical detection and analysis equipment.
                    [``(E) Decontamination and sterilization equipment.
                    [``(F) Personal protective equipment, including 
                garments, boots, gloves, and hoods and other protective 
                clothing.
                    [``(G) Respiratory protection equipment.
                    [``(H) Interoperable communications, including 
                wireless and wireline voice, video, and data networks.
                    [``(I) Explosive mitigation devices and explosive 
                detection and analysis equipment.
                    [``(J) Containment vessels.
                    [``(K) Contaminant-resistant vehicles.
                    [``(L) Such other equipment for which the Secretary 
                determines that national voluntary consensus standards 
                would be appropriate.
    [``(b) Training Standards.--
            [``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology and the Director of the Office for 
        Domestic Preparedness, shall support the development of, 
        promulgate, and regularly update as necessary national 
        voluntary consensus standards for first responder training 
        carried out with amounts provided under covered grant programs, 
        that will enable State and local government first responders to 
        achieve optimal levels of terrorism preparedness as quickly as 
        practicable. Such standards shall give priority to providing 
        training to--
                    [``(A) enable first responders to prevent, prepare 
                for, respond to, and mitigate terrorist threats, 
                including threats from chemical, biological, nuclear, 
                and radiological weapons and explosive devices capable 
                of inflicting significant human casualties; and
                    [``(B) familiarize first responders with the proper 
                use of equipment, including software, developed 
                pursuant to the standards established under subsection 
                (a).
            [``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary specifically shall include the following 
        categories of first responder activities:
                    [``(A) Regional planning.
                    [``(B) Joint exercises.
                    [``(C) Intelligence collection, analysis, and 
                sharing.
                    [``(D) Emergency notification of affected 
                populations.
                    [``(E) Detection of biological, nuclear, 
                radiological, and chemical weapons of mass destruction.
                    [``(F) Such other activities for which the 
                Secretary determines that national voluntary consensus 
                training standards would be appropriate.
    [``(c) Consultation With Standards Organizations.--In establishing 
national voluntary consensus standards for first responder equipment 
and training under this section, the Secretary shall consult with 
relevant public and private sector groups, including--
            [``(1) the National Institute of Standards and Technology;
            [``(2) the National Fire Protection Association;
            [``(3) the National Association of County and City Health 
        Officials;
            [``(4) the Association of State and Territorial Health 
        Officials;
            [``(5) the American National Standards Institute;
            [``(6) the National Institute of Justice;
            [``(7) the Inter-Agency Board for Equipment Standardization 
        and Interoperability;
            [``(8) the National Public Health Performance Standards 
        Program;
            [``(9) the National Institute for Occupational Safety and 
        Health;
            [``(10) ASTM International;
            [``(11) the International Safety Equipment Association 
        (ISEA); and
            [``(12) to the extent the Secretary considers appropriate, 
        other national voluntary consensus standards development 
        organizations, other interested Federal, State, and local 
        agencies, and other interested persons.

[``SEC. 1807. DEFINITIONS.

    [``In this title:
            [``(1) Board.--The term `Board' means the First Responder 
        Grants Board established under section 1804(f).
            [``(2) Covered grant.--The term `covered grant' means any 
        grant to which this title applies under section 1801.
            [``(3) Elevations in the threat alert level.--The term 
        `elevations in the threat alert level' means any designation 
        (including those that are less than national in scope) that 
        raises the homeland security threat level to either the highest 
        or second highest threat level under the Homeland Security 
        Advisory System referred to in section 201(d)(7).
            [``(4) Essential capabilities.--The term `essential 
        capabilities' means the levels, availability, and competence of 
        emergency personnel, planning, training, and equipment across a 
        variety of disciplines needed to effectively and efficiently 
        prevent, prepare for, and respond to acts of terrorism 
        consistent with established practices.
            [``(5) Region.--The term `region' means--
                    [``(A) any geographic area consisting of all or 
                parts of 2 or more contiguous States, counties, 
                municipalities, or other local governments that have a 
                combined population of at least 1,650,000 or have an 
                area of not less than 20,000 square miles, and that, 
                for purposes of an application for a covered grant, is 
                represented by 1 or more governments or governmental 
                agencies within such geographic area, and that is 
                established by law or by agreement of 2 or more such 
                governments or governmental agencies in a mutual aid 
                agreement; or
                    [``(B) any other combination of contiguous local 
                government units (including such a combination 
                established by law or agreement of two or more 
                governments or governmental agencies in a mutual aid 
                agreement) that is formally certified by the Secretary 
                as a region for purposes of this Act with the consent 
                of--
                            [``(i) the State or States in which they 
                        are located, including a multi-State entity 
                        established by a compact between two or more 
                        States; and
                            [``(ii) the incorporated municipalities, 
                        counties, and parishes which they encompass.
            [``(6) Task force.--The term `Task Force' means the Task 
        Force on Essential Capabilities for First Responders 
        established under section 1803.
            [``(7) First responder.--The term `first responder' shall 
        have the same meaning as the term `emergency response 
        provider'.
            [``(8) Directly eligible tribe.--The term `directly 
        eligible tribe' means any Indian tribe or consortium of Indian 
        tribes that--
                    [``(A) meets the criteria to participate in Self-
                Governance set forth in section 402(c) of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 458bb(c));
                    [``(B) employs at least 10 full-time personnel in a 
                law enforcement or emergency response agency with the 
                capacity to respond to calls for law enforcement or 
                emergency services; and
                    [``(C)(i) is located on, or within 5 miles of, an 
                international border or waterway;
                    [``(ii) is located within 5 miles of a facility 
                within a critical infrastructure sector identified in 
                section 1802(c)(2);
                    [``(iii) is located within or contiguous to one of 
                the 50 largest metropolitan statistical areas; or
                    [``(iv) has more than 1,000 square miles of Indian 
                country, as described in section 1151 of title 18, 
                United States Code.''.
    [(b) Definition of Emergency Response Providers.--Section 2(6) of 
the Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 101(6)) 
is amended by inserting ``fire,'' after ``law enforcement,''.
    [(c) Temporary Limitation on Application.--The following provisions 
of title XVIII of the Homeland Security Act of 2002, as amended by 
subsection (a), shall not apply during the 2 year period beginning on 
the date of the enactment of this Act:
            [(1) Subsections (b), (c), (e) (except paragraph (5) of 
        such subsection), and (f)(3)(B) of section 1804.
            [(2) Subparagraphs (D) and (E) of section 1805(e)(4).
            [(3) Section 1805(g)(3).

[SEC. 4. MODIFICATION OF HOMELAND SECURITY ADVISORY SYSTEM.

    [(a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (Public Law 107-296; 6 U.S.C. 121 et seq.) is amended by 
adding at the end the following:

[``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.

    [``(a) In General.--The Secretary shall revise the Homeland 
Security Advisory System referred to in section 201(d)(7) to require 
that any designation of a threat level or other warning shall be 
accompanied by a designation of the geographic regions or economic 
sectors to which the designation applies.
    [``(b) Reports.--The Secretary shall report to the Congress 
annually by not later than December 31 each year regarding the 
geographic region-specific warnings and economic sector-specific 
warnings issued during the preceding fiscal year under the Homeland 
Security Advisory System referred to in section 201(d)(7), and the 
bases for such warnings. The report shall be submitted in unclassified 
form and may, as necessary, include a classified annex.''.
    [(b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 202 the following:

[``203. Homeland Security Advisory System.''.

[SEC. 5. COORDINATION OF INDUSTRY EFFORTS.

    [Section 102(f) of the Homeland Security Act of 2002 (Public Law 
107-296; 6 U.S.C. 112(f)) is amended by striking ``and'' after the 
semicolon at the end of paragraph (6), by striking the period at the 
end of paragraph (7) and inserting ``; and'', and by adding at the end 
the following:
            [``(8) coordinating industry efforts to identify private 
        sector resources and capabilities that could be effective in 
        supplementing Federal, State, and local government agency 
        efforts to prevent or respond to a terrorist attack.''.

[SEC. 6. SUPERSEDED PROVISION.

    [This Act supersedes section 1014 of Public Law 107-56.

[SEC. 7. SENSE OF CONGRESS REGARDING INTEROPERABLE COMMUNICATIONS.

    [(a) Finding.--The Congress finds that--
            [(1) many first responders working in the same jurisdiction 
        or in different jurisdictions cannot effectively and 
        efficiently communicate with one another, and
            [(2) their inability to do so threatens the public's safety 
        and may result in unnecessary loss of lives and property.
    [(b) Sense of Congress.--It is the sense of the Congress that it is 
of national importance that interoperable emergency communications 
systems that to the extent possible meet national voluntary consensus 
standards should be developed and promulgated as soon as practicable 
for use by the first responder community.

[SEC. 8. SENSE OF CONGRESS REGARDING CITIZEN CORPS COUNCILS.

    [(a) Finding.--The Congress finds that Citizen Corps councils help 
to enhance local citizen participation in terrorism preparedness by 
coordinating multiple Citizen Corps programs, developing community 
action plans, assessing possible threats, and identifying local 
resources.
    [(b) Sense of Congress.--It is the sense of the Congress that 
individual Citizen Corps councils should seek to enhance the 
preparedness and response capabilities of all organizations 
participating in the councils, including by providing funding to as 
many of their participating organizations as practicable to promote 
local terrorism preparedness programs.

[SEC. 9. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.

    [(a) Study.--The Secretary of Homeland Security, in consultation 
with the heads of other appropriate Federal agencies and 
representatives of providers and participants in the telecommunications 
industry, shall conduct a study to determine whether it is cost-
effective, efficient, or feasible to establish and implement an 
emergency telephonic alert notification system that will--
            [(1) alert persons in the United States of imminent or 
        current hazardous events caused by acts of terrorism; and
            [(2) provide information to individuals regarding 
        appropriate measures that may be undertaken to alleviate or 
        minimize threats to their safety and welfare posed by such 
        events.
    [(b) Technologies to Consider.--In conducting the study, the 
Secretary shall consider the use of the telephone, wireless 
communications, and other existing communications networks to provide 
such notification.
    [(c) Report.--Not later than 9 months after the date of the 
enactment of this Act, the Secretary shall submit to the Congress a 
report regarding the conclusions of the study.

[SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    [For making covered grants (as that term is defined in section 1807 
of the Homeland Security Act of 2002, as amended by this Act) there is 
authorized to be appropriated to the Secretary of Homeland Security 
$3,400,000,000 for fiscal year 2006.

[SEC. 11. AUTHORITY TO ENTER INTO CONTRACTS AND ISSUE FEDERAL LOAN 
              GUARANTEES.

    [(a) Finding.--Congress finds that there is a public interest in 
protecting high-risk nonprofit organizations from international 
terrorist attacks that would disrupt the vital services such 
organizations provide to the people of the United States and threaten 
the lives and well-being of United States citizens who operate, 
utilize, and live or work in proximity to such organizations.
    [(b) Purposes.--The purposes of this section are to--
            [(1) establish within the Department of Homeland Security a 
        program to protect United States citizens at or near high-risk 
        nonprofit organizations from international terrorist attacks 
        through loan guarantees and Federal contracts for security 
        enhancements and technical assistance;
            [(2) establish a program within the Department of Homeland 
        Security to provide grants to local governments to assist with 
        incremental costs associated with law enforcement in areas in 
        which there are a high concentration of high-risk nonprofit 
        organizations vulnerable to international terrorist attacks; 
        and
            [(3) establish an Office of Community Relations and Civic 
        Affairs within the Department of Homeland Security to focus on 
        security needs of high-risk nonprofit organizations with 
        respect to international terrorist threats.
    [(c) Authority.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.), as amended by this Act, is further amended by adding at the end 
the following:

      [``TITLE XIX--PROTECTION OF CITIZENS AT HIGH-RISK NONPROFIT 
                             ORGANIZATIONS

[``SEC. 1901. DEFINITIONS.

    [`` In this title:
            [``(1) Contract.--The term `contract' means a contract 
        between the Federal Government and a contractor selected from 
        the list of certified contractors to perform security 
        enhancements or provide technical assistance approved by the 
        Secretary under this title.
            [``(2) Favorable repayment terms.--The term `favorable 
        repayment terms' means the repayment terms of loans offered to 
        nonprofit organizations under this title that--
                    [``(A) are determined by the Secretary, in 
                consultation with the Secretary of the Treasury, to be 
                favorable under current market conditions;
                    [``(B) have interest rates at least 1 full 
                percentage point below the market rate; and
                    [``(C) provide for repayment over a term not less 
                than 25 years.
            [``(3) Nonprofit organization.--The term `nonprofit 
        organization' means an organization that--
                    [``(A) is described under section 501(c)(3) of the 
                Internal Revenue Code of 1986 and exempt from taxation 
                under section 501(a) of such Code; and
                    [``(B) is designated by the Secretary under section 
                1903(a).
            [``(4) Security enhancements.--The term `security 
        enhancements'--
                    [``(A) means the purchase and installation of 
                security equipment in real property (including 
                buildings and improvements), owned or leased by a 
                nonprofit organization, specifically in response to the 
                risk of attack at a nonprofit organization by an 
                international terrorist organization;
                    [``(B) includes software security measures; and
                    [``(C) does not include enhancements that would 
                otherwise have been reasonably necessary due to 
                nonterrorist threats.
            [``(5) Technical assistance.--The term `technical 
        assistance'--
                    [``(A) means guidance, assessment, recommendations, 
                and any other provision of information or expertise 
                which assists nonprofit organizations in--
                            [``(i) identifying security needs;
                            [``(ii) purchasing and installing security 
                        enhancements;
                            [``(iii) training employees to use and 
                        maintain security enhancements; or
                            [``(iv) training employees to recognize and 
                        respond to international terrorist threats; and
                    [``(B) does not include technical assistance that 
                would otherwise have been reasonably necessary due to 
                nonterrorist threats.

[``SEC. 1902. AUTHORITY TO ENTER INTO CONTRACTS AND ISSUE FEDERAL LOAN 
              GUARANTEES.

    [``(a) In General.--The Secretary may--
            [``(1) enter into contracts with certified contractors for 
        security enhancements and technical assistance for nonprofit 
        organizations; and
            [``(2) issue Federal loan guarantees to financial 
        institutions in connection with loans made by such institutions 
        to nonprofit organizations for security enhancements and 
        technical assistance.
    [``(b) Loans.--The Secretary may guarantee loans under this title--
            [``(1) only to the extent provided for in advance by 
        appropriations Acts; and
            [``(2) only to the extent such loans have favorable 
        repayment terms.

[``SEC. 1903. ELIGIBILITY CRITERIA.

    [``(a) In General.--The Secretary shall designate nonprofit 
organizations as high-risk nonprofit organizations eligible for 
contracts or loans under this title based on the vulnerability of the 
specific site of the nonprofit organization to international terrorist 
attacks.
    [``(b) Vulnerability Determination.--In determining vulnerability 
to international terrorist attacks and eligibility for security 
enhancements or technical assistance under this title, the Secretary 
shall consider--
            [``(1) threats of international terrorist organizations (as 
        designated by the State Department) against any group of United 
        States citizens who operate or are the principal beneficiaries 
        or users of the nonprofit organization;
            [``(2) prior attacks, within or outside the United States, 
        by international terrorist organizations against the nonprofit 
        organization or entities associated with or similarly situated 
        as the nonprofit organization;
            [``(3) the symbolic value of the site as a highly 
        recognized United States cultural or historical institution 
        that renders the site a possible target of international 
        terrorism;
            [``(4) the role of the nonprofit organization in responding 
        to international terrorist attacks; and
            [``(5) any recommendations of the applicable State Homeland 
        Security Authority established under section 1906 or Federal, 
        State, and local law enforcement authorities.
    [``(c) Documentation.--In order to be eligible for security 
enhancements, technical assistance or loan guarantees under this title, 
the nonprofit organization shall provide the Secretary with 
documentation that--
            [``(1) the nonprofit organization hosted a gathering of at 
        least 100 or more persons at least once each month at the 
        nonprofit organization site during the preceding 12 months; or
            [``(2) the nonprofit organization provides services to at 
        least 500 persons each year at the nonprofit organization site.
    [``(d) Technical Assistance Organizations.--If 2 or more nonprofit 
organizations establish another nonprofit organization to provide 
technical assistance, that established organization shall be eligible 
to receive security enhancements and technical assistance under this 
title based upon the collective risk of the nonprofit organizations it 
serves.

[``SEC. 1904. USE OF LOAN GUARANTEES.

    [``Funds borrowed from lending institutions, which are guaranteed 
by the Federal Government under this title, may be used for technical 
assistance and security enhancements.

[``SEC. 1905. NONPROFIT ORGANIZATION APPLICATIONS.

    [``(a) In General.--A nonprofit organization desiring assistance 
under this title shall submit a separate application for each specific 
site needing security enhancements or technical assistance.
    [``(b) Content.--Each application shall include--
            [``(1) a detailed request for security enhancements and 
        technical assistance, from a list of approved enhancements and 
        assistance issued by the Secretary under this title;
            [``(2) a description of the intended uses of funds to be 
        borrowed under Federal loan guarantees; and
            [``(3) such other information as the Secretary shall 
        require.
    [``(c) Joint Application.--Two or more nonprofit organizations 
located on contiguous sites may submit a joint application.

[``SEC. 1906. REVIEW BY STATE HOMELAND SECURITY AUTHORITIES.

    [``(a) Establishment of State Homeland Security Authorities.--In 
accordance with regulations prescribed by the Secretary, each State may 
establish a State Homeland Security Authority to carry out this title.
    [``(b) Applications.--
            [``(1) Submission.--Applications shall be submitted to the 
        applicable State Homeland Security Authority.
            [``(2) Evaluation.--After consultation with Federal, State, 
        and local law enforcement authorities, the State Homeland 
        Security Authority shall evaluate all applications using the 
        criteria under section 1903 and transmit all qualifying 
        applications to the Secretary ranked by severity of risk of 
        international terrorist attack.
            [``(3) Appeal.--An applicant may appeal the finding that an 
        application is not a qualifying application to the Secretary 
        under procedures that the Secretary shall issue by regulation 
        not later than 90 days after the date of enactment of this 
        title.

[``SEC. 1907. SECURITY ENHANCEMENT AND TECHNICAL ASSISTANCE CONTRACTS 
              AND LOAN GUARANTEES.

    [``(a) In General.--Upon receipt of the applications, the Secretary 
shall select applications for execution of security enhancement and 
technical assistance contracts, or issuance of loan guarantees, giving 
preference to the nonprofit organizations determined to be at greatest 
risk of international terrorist attack based on criteria under section 
1903.
    [``(b) Security Enhancements and Technical Assistance; Followed by 
Loan Guarantees.--The Secretary shall execute security enhancement and 
technical assistance contracts for the highest priority applicants 
until available funds are expended, after which loan guarantees shall 
be made available for additional applicants determined to be at high 
risk, up to the authorized amount of loan guarantees. The Secretary may 
provide with respect to a single application a combination of such 
contracts and loan guarantees.
    [``(c) Joint Applications.--Special preference shall be given to 
joint applications submitted on behalf of multiple nonprofit 
organizations located in contiguous settings.
    [``(d) Maximizing Available Funds.--Subject to subsection (b), the 
Secretary shall execute security enhancement and technical assistance 
contracts in such amounts as to maximize the number of high-risk 
applicants nationwide receiving assistance under this title.
    [``(e) Applicant Notification.--Upon selecting a nonprofit 
organization for assistance under this title, the Secretary shall 
notify the nonprofit organization that the Federal Government is 
prepared to enter into a contract with certified contractors to install 
specified security enhancements or provide specified technical 
assistance at the site of the nonprofit organization.
    [``(f) Certified Contractors.--
            [``(1) In general.--Upon receiving a notification under 
        subsection (e), the nonprofit organization shall select a 
        certified contractor to perform the specified security 
        enhancements, from a list of certified contractors issued and 
        maintained by the Secretary under subsection (j).
            [``(2) List.--The list referred to in paragraph (1) shall 
        be comprised of contractors selected on the basis of--
                    [``(A) technical expertise;
                    [``(B) performance record including quality and 
                timeliness of work performed;
                    [``(C) adequacy of employee criminal background 
                checks; and
                    [``(D) price competitiveness.
            [``(3) Other certified contractors.--The Secretary shall 
        include on the list of certified contractors additional 
        contractors selected by senior officials at State Homeland 
        Security Authorities and the chief executives of county and 
        other local jurisdictions. Such additional certified 
        contractors shall be selected on the basis of the criteria 
        under paragraph (2).
    [``(g) Ensuring the Availability of Contractors.--If the list of 
certified contractors under this section does not include any 
contractors who can begin work on the security enhancements or 
technical assistance within 60 days after applicant notification, the 
nonprofit organization may submit a contractor not currently on the 
list to the Secretary for the Secretary's review. If the Secretary does 
not include the submitted contractor on the list of certified 
contractors within 60 days after the submission and does not place an 
alternative contractor on the list within the same time period (who 
would be available to begin the specified work within that 60-day 
period), the Secretary shall immediately place the submitted contractor 
on the list of certified contractors and such contractor shall remain 
on such list until--
            [``(1) the specified work is completed; or
            [``(2) the Secretary can show cause why such contractor may 
        not retain certification, with such determinations subject to 
        review by the Comptroller General of the United States.
    [``(h) Contracts.--Upon selecting a certified contractor to provide 
security enhancements and technical assistance approved by the 
Secretary under this title, the nonprofit organization shall notify the 
Secretary of such selection. The Secretary shall deliver a contract to 
such contractor within 10 business days after such notification.
    [``(i) Contracts for Additional Work or Upgrades.--A nonprofit 
organization, using its own funds, may enter into an additional 
contract with the certified contractor, for additional or upgraded 
security enhancements or technical assistance. Such additional 
contracts shall be separate contracts between the nonprofit 
organization and the contractor.
    [``(j) Expediting Assistance.--In order to expedite assistance to 
nonprofit organizations, the Secretary shall--
            [``(1) compile a list of approved technical assistance and 
        security enhancement activities within 45 days after the date 
        of enactment of this title;
            [``(2) publish in the Federal Register within 60 days after 
        such date of enactment a request for contractors to submit 
        applications to be placed on the list of certified contractors 
        under this section;
            [``(3) after consultation with the Secretary of the 
        Treasury, publish in the Federal Register within 60 days after 
        such date of enactment, prescribe regulations setting forth the 
        conditions under which loan guarantees shall be issued under 
        this title, including application procedures, expeditious 
        review of applications, underwriting criteria, assignment of 
        loan guarantees, modifications, commercial validity, defaults, 
        and fees; and
            [``(4) publish in the Federal Register within 120 days 
        after such date of enactment (and every 30 days thereafter) a 
        list of certified contractors, including those selected by 
        State Homeland Security Authorities, county, and local 
        officials, with coverage of all 50 States, the District of 
        Columbia, and the territories.

[``SEC. 1908. LOCAL LAW ENFORCEMENT ASSISTANCE GRANTS.

    [``(a) In General.--The Secretary may provide grants to units of 
local government to offset incremental costs associated with law 
enforcement in areas where there is a high concentration of nonprofit 
organizations.
    [``(b) Use.--Grant funds received under this section may be used 
only for personnel costs or for equipment needs specifically related to 
such incremental costs.
    [``(c) Maximization of Impact.--The Secretary shall award grants in 
such amounts as to maximize the impact of available funds in protecting 
nonprofit organizations nationwide from international terrorist 
attacks.

[``SEC. 1909. OFFICE OF COMMUNITY RELATIONS AND CIVIC AFFAIRS.

    [``(a) In General.--There is established within the Department, the 
Office of Community Relations and Civic Affairs to administer grant 
programs for nonprofit organizations and local law enforcement 
assistance.
    [``(b) Additional Responsibilities.--The Office of Community 
Relations and Civic Affairs shall--
            [``(1) coordinate community relations efforts of the 
        Department;
            [``(2) serve as the official liaison of the Secretary to 
        the nonprofit, human and social services, and faith-based 
        communities; and
            [``(3) assist in coordinating the needs of those 
        communities with the Citizen Corps program.

[``SEC. 1910. AUTHORIZATION OF APPROPRIATIONS AND LOAN GUARANTEES.

    [``(a) Nonprofit Organizations Program.--There are authorized to be 
appropriated to the Department to carry out the nonprofit organization 
program under this title, $100,000,000 for fiscal year 2005 and such 
sums as may be necessary for fiscal years 2006 and 2007.
    [``(b) Local Law Enforcement Assistance Grants.--There are 
authorized to be appropriated to the Department for local law 
enforcement assistance grants under section 1908, $50,000,000 for 
fiscal year 2005 and such sums as may be necessary for fiscal years 
2006 and 2007.
    [``(c) Office of Community Relations and Civic Affairs.--There are 
authorized to be appropriated to the Department for the Office of 
Community Relations and Civic Affairs under section 1909, $5,000,000 
for fiscal year 2005 and such sums as may be necessary for fiscal years 
2006 and 2007.
    [``(d) Loan Guarantees.--
            [``(1) Authorization of appropriations.--There are 
        authorized to be appropriated in each of fiscal years 2005, 
        2006, and 2007, such amounts as may be required under the 
        Federal Credit Act with respect to Federal loan guarantees 
        authorized by this title, which shall remain available until 
        expended.
            [``(2) Limitation.--The aggregate value of all loans for 
        which loan guarantees are issued under this title by the 
        Secretary may not exceed $250,000,000 in each of fiscal years 
        2005, 2006, and 2007.''.
    [(d) Clerical Amendment.--The table of contents under section 1(b) 
of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by 
adding at the end the following:

      [``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 make grants to first 
                  responders, and for other purposes.

_______________________________________________________________________

                             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 amendment; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```