29–006 

108TH CONGRESS REPT. 108–460 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

FASTER AND SMARTER FUNDING FOR FIRST 

RESPONDERS ACT OF 2004 

APRIL 2, 2004.—Ordered to be printed 

Mr. COX, from the Select Committee on Homeland Security, 

submitted the following 

R E P O R T 

[To accompany H.R. 3266] 

[Including cost estimate of the Congressional Budget Office] 

The Select Committee on Homeland Security, to whom was referred the bill (H.R. 3266) to authorize the Secretary of Homeland 

Security to make grants to first responders, and for other purposes, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

C O N T E N T S 

Page 

Purpose and Summary ............................................................................................ 00 

Background and Need for Legislation .................................................................... 00 

Hearings and Briefings ........................................................................................... 00 

Committee Consideration ........................................................................................ 00 

Committee Votes ...................................................................................................... 00 

Committee Oversight Findings ............................................................................... 00 

Statement of General Performance Goals and Objectives .................................... 00 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 00 

Committee Cost Estimate ....................................................................................... 00 

Congressional Budget Office Estimate ................................................................... 00 

Federal Mandates Statement ................................................................................. 00 

Advisory Committee Statement .............................................................................. 00 

Constitutional Authority Statement ...................................................................... 00 

Applicability to Legislative Branch ........................................................................ 00 

Section-by-Section Analysis of the Legislation ...................................................... 00 

Changes in Existing Law Made by the Bill, as Reported ..................................... 00 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Faster and Smarter Funding for 

First Responders Act of 2004’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

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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. 

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(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 

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‘‘(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 

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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 

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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 

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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; 

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‘‘(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 

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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 ageappropriate 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, unVerDate mar 24 2004 07:05 Apr 03, 2004 Jkt 029006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6621 E:\HR\OC\HR460P1.XXX HR460P1
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less 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 subVerDate mar 24 2004 07:05 Apr 03, 2004 Jkt 029006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6621 E:\HR\OC\HR460P1.XXX HR460P1
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section (e)(1) within 45 days after receiving funds under the grant, the Secretary may— ‘‘(A) reduce grant payments to the grant recipient from the portion of 

grant funds that is not required to be passed through under subsection 

(e)(1); ‘‘(B) terminate payment of funds under the grant to the recipient, and 

transfer the appropriate portion of those funds directly to local first responders that were intended to receive funding under that grant; or ‘‘(C) impose additional restrictions or burdens on the recipient’s use of 

funds under the grant, which may include— ‘‘(i) prohibiting use of such funds to pay the grant recipient’s grantrelated overtime or other expenses; ‘‘(ii) requiring the grant recipient to distribute to local government 

beneficiaries all or a portion of grant funds that are not required to be 

passed through under subsection (e)(1); or ‘‘(iii) for each day that the grant recipient fails to pass through funds 

or resources in accordance with subsection (e)(1), reducing grant payments to the grant recipient from the portion of grant funds that is not 

required to be passed through under subsection (e)(1), except that the 

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; 

12 

‘‘(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 

13 

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 multiState 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). 

14 

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. 

15 

(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. 

PURPOSE AND SUMMARY

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

Act of 2004, would reform the manner in which the Department of 

Homeland Security (DHS) issues grants to enhance the ability of 

States, local governments, and first responders to prevent, prepare 

for, mitigate, and respond to acts of terrorism. The bill does not 

create a new terrorism preparedness grant program. Rather, it directs the Secretary of DHS to establish ‘‘essential capabilities’’ that 

different types of communities should obtain in order to prepare for 

potential terrorist acts, improves the grant process by streamlining 

and speeding the delivery of Federal grant assistance for first responders to build these essential capabilities in a measurable fashion, and establishes a consolidated structure for evaluating and 

prioritizing grant applications based on the degree to which they 

would lessen the threat to, vulnerability of, and consequences for 

persons and critical infrastructure sectors in the event of a terrorist attack. 

BACKGROUND AND NEED FOR LEGISLATION

The need for legislative reform of the current terrorism preparedness grant funding process is obvious. Since 2001, and including 

the President’s budget request for fiscal year 2005, roughly $11 billion has been, or will be, appropriated to DHS for distribution to 

State and local governments for terrorism preparedness. Of this 

amount, almost $9 billion either remains in, or has yet to be put 

into, the terrorism preparedness grant program pipeline, and has 

not been expended yet at the State or local level. Reasons for this 

bottleneck include the lack of advance planning by State and local 

governments for use of these monies, the lack of specific guidance—

or, as described in H.R. 3266, ‘‘essential capabilities’’—to assist in 

formulating procurement and resource allocation priorities, and 

confusion at all levels of government regarding grant requirements, 

timelines, use of funds, and DHS application and obligation procedures. Moreover, DHS terrorism preparedness grant funds currently are allocated to each State based on rigid and arbitrary formulas that were established immediately after September 11, 2001. 

Such allocations—which direct funds to States regardless of risk or 

need—hamper our efforts to ensure that our Nation’s highest security priorities are addressed in a timely manner. H.R. 3266 eliminates these arbitrary formulas and requires that the Secretary allocate terrorism preparedness grants to States and qualifying regions 

based on a comprehensive risk analysis. 

In addition, several independent analyses have noted that establishing national goals or benchmarks for appropriate levels of preparedness is a critical first step toward determining the nature and 

extent of additional requirements and the human and financial resources needed to fulfill them. By requiring the Secretary to estabVerDate mar 24 2004 07:05 Apr 03, 2004 Jkt 029006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR460P1.XXX HR460P1
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lish essential capabilities for terrorism preparedness, H.R. 3266 

also addresses the need to build State and local capabilities based 

upon measurable objectives. 

The Committee notes that it is important to put the need for 

these reforms into their broader context. Arming our first responders with the best technologies, equipment, and training to react in 

the event of a catastrophic terrorist attack is vital for protection of 

the Nation. Terrorism preparedness grants for first responders 

must be allocated quickly to where the risk is greatest. But our top 

priority must, above all, be to prevent the attacks that would require our first responders to act. The Committee has stressed this 

overriding objective throughout its activities. 

Good intelligence on the threat posed by foreign and domestic 

terrorists can help prevent or deter attacks. Provisions in this bill 

that allow grant funds to be used to establish or enhance mechanisms for sharing terrorism threat information will assist first responders in preventing, disrupting, or deterring potential terrorist 

attacks. Any of these results is far preferable to having our police 

officers, firefighters, and emergency medical personnel put their 

lives in danger in responding to a terrorist attack. 

Since the attacks of September 11, 2001, the Nation has bolstered its terrorism response capabilities. This bill will contribute 

significantly to that ongoing effort. The Nation must continue to 

strengthen its defenses, including the capabilities of our law enforcement and intelligence communities, understanding that the 

key to effective response will often be enhanced awareness and preparedness. Balancing resources allocated to each of those purposes 

will be essential to protecting the American people and territory— our homeland—for the foreseeable future. 

This bill draws on the analytic resources of the DHS Directorate 

of Information Analysis and Infrastructure Preparedness (IAIP) to 

inform and help prioritize the provision of terrorism preparedness 

grant support for the Nation’s first responders. In this context, as 

in all others, the Committee stresses the importance it attaches to 

bringing the IAIP Directorate, especially its employed analytic 

cadre, to its full, statutorily-authorized end strength as quickly as 

possible. Resources expended in that effort are likely to contribute 

directly to reducing the chances that our first responders will again 

be put at risk while responding to another catastrophic attack. 

HEARINGS AND BRIEFINGS

On July 17, 2003, the Full Committee held an oversight hearing 

on First Responders: How States, Localities, and the Federal Government Are Working Together to Make America Safer. Testimony 

was received from The Honorable Mitt Romney, Governor, Commonwealth of Massachusetts; Jamie F. Metzl, Senior Fellow and 

Coordinator for Homeland Security Programs, Council on Foreign 

Relations; George Jaramillo, Assistant Sheriff, Orange County, 

California Sheriff’s Department; Michael Grossman, Captain, Los 

Angeles County Sheriff’s Department; and Ray Kiernan, Fire Commissioner and Chief of New Rochelle Fire Department & Member 

of Westchester Career Fire Chiefs and Northeast Fire Consortium, 

New Rochelle Fire Department, New Rochelle, New York. 

On Wednesday, October 15, 2003, the Subcommittee on Emergency Preparedness and Response and the Subcommittee on 

17 

Cybersecurity, Science, and Research & Development received a 

joint briefing on Communications Technology and Interoperability: 

Can Science and Technology Help Overcome Communications Obstacles for First Responders. Members of the Committee were 

briefed by David Boyd, Ph.D., Deputy Director, Research and Development, Director, SAFECOM Program Office, Department of 

Homeland Security; Mr. Gary Grub, Chief Technology Officer, Motorola, Inc.; and Mr. Edward Flynn, Secretary of Public Safety, 

State of Massachusetts. The Committee examined the technological 

limitations of communications systems, possible solutions to interoperability, and governmental requirements to create an effective 

first responder notification system. 

On Thursday, October 16, 2003, the Subcommittee on Emergency 

Preparedness and Response held a legislative hearing on H.R. 

3266. Testimony was received from The Honorable James A. Garner, Mayor of Hempstead, New York, President, The United States 

Conference of Mayors; Col. Randy Larsen (Ret.), Founder and CEO, 

Homeland Security Associates, Former Director, Institute of Homeland Security, Former Chairman of Military Department at the National War College; and Mr. Robert Latham, Director, Mississippi 

Emergency Management Agency. 

On Tuesday, October 21, 2003, the Full Committee held an oversight hearing on Funding for First Responders: Ensuring That Federal Funds Are Distributed Intelligently. This hearing focused on 

reforming the current system of allocating federal funds to first responders. Testimony was received from The Honorable John G. 

Rowland, Governor, State of Connecticut; Mr. John D. Cohen, Special Assistant to the Secretary of Public Safety, Commonwealth of 

Massachusetts; Mr. Ray A. Nelson, Executive Director, Office for 

Security Coordination, Commonwealth of Kentucky; and Lt. Col. 

Scott Behunin, Director, Division of Emergency Service & Homeland Security, State of Utah who Testified on Behalf of the National Emergency Management Association. 

COMMITTEE CONSIDERATION

H.R. 3266 was introduced by Mr. Cox on October 8, 2003, and 

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

Committee on the Judiciary, and the Committee on Energy and 

Commerce. Within the Select Committee on Homeland Security, 

H.R. 3266 was referred to the Subcommittee on Emergency Preparedness and Response on October 14, 2003. 

The Subcommittee on Emergency Preparedness and Response 

held a hearing on H.R. 3266 on October 16, 2003. 

On Wednesday, November 20, 2003, the Subcommittee on Emergency Preparedness and Response met in open markup session and 

forwarded H.R. 3266, amended, to the Full Committee for consideration by Voice Vote. 

On Thursday, March 18, 2004, the Full Committee met in open 

markup session and ordered H.R. 3266 favorably reported to the 

House of Representatives, amended, by a record vote of 37 yeas 

and 0 nays (Record Vote No. 10.) 

18 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. 

H.R. 3266, to authorize the Secretary of Homeland Security to 

make grants to first responders, and for other purposes; was ordered favorably reported to the House, amended, by a recorded vote 

of 37 yeas and 0 nays, as follows: 

19 


Insert offset folio 20 here HR460.001
20 

The following amendments were offered: 

An Amendment in the Nature of a Substitute offered by Ms. 

Dunn (#1), was agreed to, as amended, by Voice Vote. 

An amendment offered by Ms. Sanchez to the Amendment in the 

Nature of a Substitute offered by Ms. Dunn (#1A), Page 29, after 

line 24, insert a new Section 1404A entitled ‘‘Distribution of 50 

Percent of Grant Funds to Local Entities’’ was withdrawn. 

An amendment offered by Ms. Jackson-Lee to the Amendment in 

the Nature of a Substitute offered by Ms. Dunn (#1B), Page 15, 

after line 10, insert a new subsection (1) ‘‘Public Comment.’’ was 

withdrawn. 

An amendment offered by Ms. Jackson-Lee to the Amendment in 

the Nature of a Substitute offered by Ms. Dunn (#1C), Page 18, 

after line 22, insert a new subsection (3)(E), relating to members 

of the Task Force, was withdrawn by Unanimous Consent. 

An amendment offered by Mrs. Lowey to the Amendment in the 

Nature of a Substitute offered by Ms. Dunn (#1D), Page 51, before 

line 1, insert a new Section 5 entitled ‘‘Homeland Security Advisory 

System Response Grants’’ was not agreed to by a Record Vote of 

19 yeas and 24 nays (Record Vote No. 9), as follows: 

21 


Insert offset folio 22 here HR460.002
22 

An amendment offered by Mr. Meek to the Amendment in the 

Nature of a Substitute offered by Ms. Dunn (#1E), to add at the 

end a new section entitled ‘‘Study Regarding Nationwide Emergency Notification System’’ was agreed to by Voice Vote. 

COMMITTEE OVERSIGHT FINDINGS

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

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

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

Act of 2004, is intended: (1) to reform the manner in which the Department of Homeland Security (DHS) issues grants to enhance the 

ability of States, local governments, and first responders to prevent, prepare for, mitigate, and respond to acts of terrorism; (2) to 

direct the Secretary of DHS to establish ‘‘essential capabilities’’

that different types of communities should obtain in order to prepare for potential terrorist acts; (3) to improve the grant process by 

streamlining and speeding the delivery of Federal grant assistance 

for first responders to build these essential capabilities in a measurable fashion; and (4) to establish a consolidated structure for 

evaluating and prioritizing grant applications based on the degree 

to which they would lessen the threat to, vulnerability of, and consequences for persons and critical infrastructure sectors in the 

event of a terrorist attack. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 3266, the 

Faster and Smarter Funding for First Responders Act of 2004, 

would result in increased budget authority, entitlement authority, 

or tax expenditures or revenues for fiscal year 2006. This bill does 

not provide new budgetary authority or increased tax expenditures 

for fiscal year 2005. Rather, section 9 of the bill authorizes $3.4 billion to be appropriated to the Secretary for making covered grants 

for fiscal year 2006. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, March 30, 2004. 

Hon. CHRISTOPHER COX, 

Chairman, Select Committee on Homeland Security, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3266, the Faster and 

Smarter Funding for First Responders Act of 2004. 

23 

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

to provide them. The CBO staff contact is Julie Middleton. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, Director. 

Enclosure. 

H.R. 3266—Faster and Smarter Funding for First Responders Act 

of 2004 

Summary: H.R. 3266 would authorize the Secretary of the Department of Homeland Security (DHS) to change the criteria used 

to distribute funding for two existing first responder grant programs established after September 11, 2001—the State Homeland 

Security and the Urban Area Security Initiative grant programs. In 

addition, this bill would authorize the appropriation of $3.4 billion 

in 2006 for first responder grants. Assuming appropriation of the 

authorized amount, CBO estimates that implementing H.R. 3266 

would cost $3 billion over the 2005–2009 period and an additional 

$400 million after 2009. Enacting H.R. 3266 would not affect direct 

spending or revenues. 

H.R. 3266 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Assuming the authorized amount is fully appropriated, the bill 

would increase funding for existing aid programs while changing 

conditions for receiving those funds; any costs incurred by state, 

local, or tribal governments would be voluntary. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 3266 is shown in the following table. The costs 

of this legislation fall within budget function 450 (community and 

regional development). 

By fiscal year, in millions of dollars— 

2005 2006 2007 2008 2009 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization level ......................................................................................... * 3,400 0 0 0 

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

Note.—* = costs of less than $500,000 for administrative changes that would be made by the bill. 

Basis of estimate: Almost $10 billion has been appropriated for 

first responder grants since fiscal year 2003, including about $3 billion in fiscal year 2004. The Office of Domestic Preparedness (within DHS) derives its primary authority to distribute grants to states 

and localities to prepare and respond to terrorism from the USA 

Patriot Act (Public Law 107–56). That law authorized the appropriation of such sums as necessary for first responder grants 

through fiscal year 2007. H.R. 3266 would replace this authorization of appropriations with a one-year authorization of appropriations of $3.4 billion in fiscal year 2006. 

For this estimate, CBO assumes that H.R. 3266 will be enacted 

before the end of fiscal year 2004 and that the authorized amounts 

will be appropriated in 2006. For this estimate, CBO assumes that 

states would need to update their State Homeland Security Plans 

for approval by DHS to reflect new grant requirements. After that 

update, we expect that spending would follow historical spending 

patterns for existing state and local grant programs for emergency 

24 

management activities. CBO estimates that implementing this bill 

would cost about $3 billion over the 2006–2009 period and nearly 

$400 million after 2009. 

Under the State Homeland Security grant program, DHS distributes three-quarters of one percent of the amount appropriated for 

the program to each state. The remaining funds are distributed to 

states based on population. The Urban Area Security Initiative 

grant program provides funding to high threat areas of the country. 

Under H.R. 3266, DHS would consolidate these two existing programs and distribute all of the funding based on threats, 

vulnerabilities, and risk assessments for each state and locality. 

H.R. 3266 also would require states to disburse grant money to 

local governments within 45 days of receiving funds from the federal government or states would face penalties as well as pay 25 

percent of the total cost of the grant activities. 

Intergovernmental and private-sector impact: H.R. 3266 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA but would make several changes to existing grant programs. First, it would consolidate at least two current programs—

the State Homeland Security Grant and the Urban Area Security 

Initiative—and authorize the appropriation of $3.4 billion in fiscal 

year 2006. Second, it would change how those funds are allocated. 

While some states would receive less funding than in previous 

years and others would receive more, assuming authorized funds 

are fully appropriated, total funding would increase. This bill also 

would expand eligible activities to include covering the costs of additional personnel during heightened threat alerts and training activities. 

This bill also would authorize DHS to transfer funds directly to 

the local recipients, reduce the portion of the grant retained by the 

state, or impose additional restrictions if states fail to provide 

funds to local first responders in a timely manner. According to the 

grant requirements, states would be required to certify that they 

have provided 80 percent of the funds within 45 days of receipt. 

Funds that states may lose would be allocated to local jurisdictions. 

Any costs incurred by state, local, or tribal governments as a result 

of those changes to the grant programs would be voluntary. 

Other provisions of the bill would require DHS to create, with 

input from local first responders and trade representatives, voluntary standards for equipment and training for first responders. 

The bill also would require DHS to revise the Homeland Security 

Advisory System to include geographic and economic sector designations. 

Previous CBO estimates: On July 16, 2003, CBO transmitted a 

cost estimate for S. 1245, the Homeland Security Grant Enhancement Act of 2003, as ordered reported by the Senate Committee on 

Governmental Affairs on June 17, 2003. On September 9, 2003, 

CBO transmitted a cost estimate for S. 930, the Emergency Preparedness and Response Act of 2003, as ordered reported by the 

Senate Committee on Environment and Public Works on July 30, 

2003. Both bills would authorize the appropriation of different 

grant amounts for first responders. S. 930 also would authorize 

grants for urban search and rescue task forces. 

25 

Estimate prepared by: Federal Costs: Julie Middleton. Impact on 

State, Local, and Tribal Governments: Melissa Merrell. Impact on 

the Private Sector: Paige Piper/Bach. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

The Federal Advisory Committee Act (5 U.S.C. App.), including 

subsections (a), (b), and (d) of section 10 of that Act, and section 

552b(c) of title 5, U.S.C., will apply to the Task Force on Essential 

Capabilities for First Responders. 

CONSTITUTIONAL AUTHORITY STATEMENT

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

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause 

1, which grants Congress the power to provide for the common defense of the United States. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short Title and Table of Contents 

This section cites measure as ‘‘Faster and Smarter Funding for 

First Responders Act of 2004.’’

Section 2. Findings 

Section 3. Faster and Smarter Funding for First Responders 

This section amends the Homeland Security Act of 2002 by adding at the end a new Title XVIII, including Sections 1801–1807 as 

follows: 

Section 1801—Faster and Smarter Funding for First Responders 

Subsection (a) of this section states that the provisions of new 

Title XVIII apply only to those grants that the Department of 

Homeland Security (DHS) provides to States or regions to improve 

the ability of first responders to prevent, prepare for, respond to, 

or mitigate threatened or actual terrorist attacks, especially those 

involving weapons of mass destruction. Specifically, such terrorism 

preparedness grants include, but are not limited to, the DHS State 

Homeland Security Grant Program and the Urban Area Security 

Initiative. 

26 

Subsection (b) expressly excludes from coverage of this title all 

non-DHS Federal grants, as well as the DHS firefighter assistance 

grants and the emergency management planning and assistance 

grants. 

The Committee notes that it has not specifically addressed port 

security grants in relation to the grant programs covered by this 

bill. The Committee is aware that, in the President’s fiscal year 2005 budget proposal, DHS has requested $46 million for Port Security Grants under the Urban Area Security Initiative, to be administered by the Office for Domestic Preparedness (ODP). According to DHS, the purpose of this program is to ‘‘assist in the protection and enhanced security of critical infrastructure sites. Funding 

is being provided to state and local government entities and to commercial companies to enhance security at selected high threat ports 

in the country and certain Liberty Shield port areas.’’ To the extent that such port security funds are awarded to States 

or regions (as defined in H.R. 3266) as part of the terrorism preparedness grants covered by this bill, the Committee expects that 

DHS will award such funds consistent with the requirements of 

this Act. If DHS develops alternative mechanisms to provide funding for port security efforts, such as through direct grants to ports 

or facilities under a separate grant-making process or grants to 

support the implementation of the Maritime Transportation Security Act of 2002, then the requirements of H.R. 3266 would not 

apply to such awards. 

Section 1802—Essential Capabilities for First Responders 

This section requires the Secretary of the Department of Homeland Security (Secretary) to establish specific, flexible, and measurable ‘‘essential capabilities’’ for state and local government terrorism preparedness. Essential capabilities, as defined in the bill, 

mean ‘‘the levels, availability, and competence of emergency personnel, planning, training, and equipment across a variety of disciplines needed to effectively and efficiently prevent, prepare for, 

and respond to acts of terrorism consistent with established practices.’’ For example, the presence of a large chemical plant in a 

densely-populated community may require specialized response 

planning and equipment and an appropriate level of training for 

first responders to respond effectively to a terrorist incident at the 

chemical plant and to minimize the harm such an incident could 

cause. The establishment of essential capabilities for terrorism preparedness will assist a community in making the determination of 

what planning, training, equipment, and other capabilities it requires to respond effectively to the specific risks that it faces. 

The Secretary is to establish such capabilities in consultation 

with, among others, the Task Force on Essential Capabilities for 

First Responders (as established in Section 1803), the DHS Under 

Secretaries for Emergency Preparedness & Response (EP&R), Border and Transportation Security (BTS), Information Analysis and 

Infrastructure Protection (IAIP), and Science and Technology 

(S&T), and the Director of ODP. The Secretary also is required to 

review and update these essential capabilities as necessary or, at 

least, every three years. 

In order to address the wide variety of threats and 

vulnerabilities faced by communities throughout the Nation, the 

27 

Secretary is required to establish essential capabilities in a manner 

that will allow different types of communities to determine what 

essential capabilities they require, and how the attainment of these 

capabilities should be prioritized. Further, to assist these communities, the Task Force on Essential Capabilities for First Responders is required to develop a methodology by which a 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. 

Specifically, in establishing essential capabilities, the bill directs 

the Secretary to consider the variables of threat, vulnerability, and 

consequences with respect to the Nation’s population (including 

transient commuting and tourist populations) and critical infrastructure sectors, based on the most current risk assessment available by the IAIP Directorate. There are numerous critical infrastructure sectors. The Secretary, however, must consider at least 

thirteen (13) of them as potential terrorist targets. These 13, which 

correspond to those contained in the President’s National Strategy 

for Homeland Security, encompass a large number of critical infrastructure sectors, including agriculture, food, banking and finance, 

energy, public health, government, transportation, and water. The 

Committee notes that these sectors are broad categories, within 

which there are many distinct components. For example, the transportation sector includes mass transit, aviation, maritime, ground/ 

surface, and rail systems. 

The purpose of incorporating such a variety of critical infrastructure sectors into H.R. 3266 is not to mandate, or otherwise require, 

the Secretary to develop first responder programs for each such 

sector. Rather, it is to ensure that the Secretary considers the different types of threats and vulnerabilities relating to all of the Nation’s critical infrastructures when determining the proper allocation of terrorism preparedness grants for first responders. For example, the inclusion of sectors such as agriculture and food, which 

are primarily located or originate in rural communities, should ensure that such communities are not overlooked by the Secretary 

and avoid a situation in which the Department’s first responder resources are allocated solely to urban areas. 

The Committee also recognizes that port facilities are a component of the Nation’s critical infrastructure, and that these facilities 

present significant terrorism preparedness challenges to state and 

local governments and first responders. In establishing essential 

capabilities for first responders and the other planning and evaluation processes required by this bill, the Committee expects DHS 

and grantees to consider the need to prepare for acts of terrorism 

at port facilities, and the need to include port facilities in state 

homeland security planning efforts. 

Finally, the Committee notes that there is a category of private, 

not-for-profit institutions, as described in section 501(c)(3) of the 

Internal Revenue Code of 1986, which provides services that are at 

high risk of being the target of terrorist attacks. The Committee 

recommends that in their state homeland security planning efforts, 

States should specifically consider the threat to such institutions as 

part of their vulnerability and threat assessments. 

28 

Section 1803—Task Force on Essential Capabilities for First Responders 

This section requires that the Secretary of DHS establish a twenty-five (25) member advisory body to be known as the Task Force 

on Essential Capabilities for First Responders (Task Force), for the 

purpose of assisting the Secretary in the development of essential 

capabilities under Section 1802. The Secretary appoints the Task 

Force’s members, which will include a cross section of first responder disciplines, as well as state and local government officials. 

The Task Force must submit for the Secretary’s consideration a 

draft report within one year of its establishment, and every three 

years thereafter, on recommended essential capabilities for different types of communities, based on the threats and 

vulnerabilities faced by such types of communities. Task Force 

members may serve for up to two complete report cycles. 

Among other things, the Task Force’s draft report must include 

a priority ranking of essential capabilities and a methodology by 

which a state or local government can determine whether it has 

achieved or obtained these essential capabilities. The Task Force 

not only must specifically consider threats to critical infrastructure 

sectors, but it also must specifically consider the types of threats, 

such as biological, nuclear, or cyber. Further, the Task Force has 

been granted access to all tools and methodologies used by DHS to 

assess the preparedness capabilities of state and local governments, as well as access to all finished intelligence and analytic 

products of the IAIP Directorate concerning the nature of terrorist 

attacks against the United States for those members possessing 

valid security clearances. 

Section 1804—Grant Eligibility and Criteria 

This section provides that both States and regions may apply for 

covered grants. The Committee notes that, although States will 

continue to play a central role in homeland security planning and 

coordinating grant fund distribution to first responders at the local 

level, H.R. 3266 ensures that the unique preparedness needs of regions can be addressed by the Secretary through direct grants. For 

purposes of the grant application process, only certain geographic 

areas will qualify as regions, as defined in H.R. 3266. The Committee expects that most regions will probably consist of either 

multi-state or metropolitan jurisdictions. 

H.R. 3266 recognizes the primary role of States in the Nation’s 

terrorism preparedness efforts. Accordingly, to be eligible for a covered grant, a region must file an application that is consistent with 

the applicable state homeland security plan of each State of which 

any part is included in the region. Further, a regional applicant 

must submit simultaneously its application to both DHS and to 

each such State. The Secretary, prior to awarding a grant to a region, is required to give any relevant State thirty (30) days to comment on the application’s consistency, or lack thereof, with its 

homeland security plan. 

Applications must adhere to the following requirements. A state 

applicant must include in its application at a minimum: (1) the 

purpose for which such funds are being sought and the reasons 

why such funds are needed to meet essential capabilities; (2) a description of how, by reference to its applicable state homeland secuVerDate mar 24 2004 07:05 Apr 03, 2004 Jkt 029006 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\HR460P1.XXX HR460P1
29 

rity plan, the allocation of such funds would assist it in fulfilling 

its state plan; (3) a statement whether a mutual aid agreement is 

applicable; (4) a capital budget; and (5) a statement on how the applicant intends to meet the matching requirement. To be eligible, 

a state applicant also must submit, and have approved, a threeyear state homeland security plan tied to the achievement of the 

established essential capabilities. 

If the applicant is a region, the region’s application must include 

the information required to be submitted by a State as described 

above, as well as: (1) a description of the region and a specification 

of all participating and non-participating local governments within 

it; (2) an explanation of which governmental entity will administer 

the funds; and (3) the designation of a regional liaison. To be eligible, a regional applicant must file an application that supplements, 

supports, and is consistent with the applicable state homeland security plan of each State of which any part is included in the region. 

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

section also creates the First Responder Grant Board (Grant 

Board). The Grant Board, which will be chaired by the Secretary 

(or Deputy Secretary), shall be responsible for evaluating and 

prioritizing all covered grant applications, based upon the degree 

to which they would lessen the threat, vulnerability, and consequences of a terrorist attack to persons and critical infrastructure. The Board also must seek to achieve nationwide essential capabilities, and must seek to allocate a portion of the funds available for covered grants each year to every approved applicant that 

has demonstrated a valid need. Members of the Grant Board will 

consist of the Secretary, the DHS Under Secretaries for EP&R, 

BTS, IAIP, and S&T, and the Director of ODP. 

Section 1805—Use of Funds and Accountability Requirements 

According to testimony before the Committee by DHS Secretary Ridge, almost $9 billion either remains in, or has yet to be put into, 

the terrorism preparedness grant program pipeline, and has not 

been expended yet at the state or local level. The lack of advance 

planning by state and local governments for use of these monies, 

the lack of specific guidance—or, as described in H.R. 3266, essential capabilities—to assist in formulating procurement and resource 

allocation priorities, and confusion at all levels of government regarding grant requirements, timelines, use of funds, and DHS application and obligation procedures each has contributed to the bottleneck in state and local spending for terrorism preparedness. This 

section sets out definitive uses of grant funds, and establishes specific timelines for the expenditure of grant funds, along with reporting requirements for DHS and both state and regional grant 

recipients. 

This section provides that a covered grant may be used for appropriate activities as determined by the Secretary of DHS, including 

specifically the following: purchasing and upgrading of equipment 

(including computer software); exercises and training; developing or 

updating response plans; establishing or enhancing mechanisms for 

information sharing; systems architecture and engineering, program planning and management, and product evaluation; personnel costs directly attributable to elevations in the threat alert 

30 

level of the Homeland Security Advisory System; classified information receipt and storage costs; upgrading operation centers and 

hardening critical infrastructures; costs associated with the purchase of commercially available equipment that complies with national voluntary consensus standards and that facilitates interoperability of emergency communications; developing educational curricula for first responders to ensure their preparedness for terrorist 

attacks; and training and exercises to assist public elementary and 

secondary schools develop terrorism preparedness programs. 

A covered grant, however, may not be used: 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); to construct buildings or other physical facilities; to 

acquire land; or to alleviate any state or local government cost 

sharing contribution. 

This section also requires that state recipients of covered grants 

pass-through eighty (80) percent of their funds to local governments, first responders, and other local groups not later than fortyfive (45) days after their receipt of such funds. State recipients that 

fail to pass-through these funds may face reduced payments, termination of payments, or other restrictions. Further, upon a specific 

and detailed showing, the Secretary has authority to re-direct a 

portion of a delinquent State’s grant amount to a local government 

directly. This section requires that, two years following the enactment of this legislation, all grant recipients—both States and regions—must contribute, or match, at least twenty five (25) percent 

of the cost of the activities carried out with covered grants. This 

matching requirement may be satisfied with in-kind contributions 

of goods or services. 

Further, this section requires annual reports to the Secretary by 

each recipient describing the use of covered grant funds, the 

achievement of essential capabilities, and remaining needs. It also 

requires an annual report from the Secretary to the Congress containing nationwide and state-by-state analyses of progress in 

achieving preparedness levels. 

Section 1806—National Standards for First Responder Equipment 

and Training 

This section adds to the Homeland Security Act of 2002 provisions requiring the Secretary to develop, promulgate, and update 

as necessary national voluntary consensus standards for first responder equipment and training. With regard to equipment, the 

standards for the performance, use, and validation should be focused on maximizing interoperability, interchangeability, durability, flexibility, efficiency, portability, and safety. Applicants who 

seek to purchase or upgrade equipment with covered grants must 

either buy items that meet these standards or explain why nonstandard items will be superior. 

The Committee stresses the importance of developing national 

voluntary consensus standards that are dynamic, and that will encourage a wide variety of creative, private sector-generated solutions to homeland security challenges. Appropriate national voluntary consensus standards will help private sector entities idenVerDate mar 24 2004 07:05 Apr 03, 2004 Jkt 029006 PO 00000 Frm 00030 Fmt 6659 Sfmt 6602 E:\HR\OC\HR460P1.XXX HR460P1
31 

tify potential markets and their characteristics. To the extent that 

they do, they can serve as an indirect stimulus to economic growth, 

while ensuring that first responders get the equipment and training most likely to help them prevent, prepare for, respond to, and 

mitigate the effects of a terrorist attack. 

In addition to the organizations identified in Section 1806(c), the 

Committee is aware of numerous private and non-profit organizations working with state and local governments to implement first 

responder equipment and training standards. The DHS Secretary 

should consult with as many of these organizations as practicable 

in the development of the national voluntary consensus standards. 

Section 1807—Definitions 

Among other definitions, the term ‘‘region’’ is defined to include 

only those geographic areas consisting of two or more states or 

local governments that have a combined population of 1,650,000 or 

have an area of not less than 20,000 square miles. Regions also 

may be designated by the Secretary with the consent of the State 

or States in which the local governments that comprise the region 

are located. 

H.R. 3266 also adopts the definition of ‘‘emergency response providers’’ in section 2(6) of the Homeland Security Act as the definition of ‘‘first responder.’’ The Committee notes that the definition 

of ‘‘emergency response providers’’ in the Homeland Security Act 

includes a reference to ‘‘related personnel, agencies, and authorities.’’ That definition is not, therefore, limited to Federal, state, and 

local governmental entities. The Committee believes and, for purposes of this bill intends, that the ‘‘related personnel’’ language in 

the definition of ‘‘emergency response providers,’’ incorporated into 

the definition of ‘‘first responder’’ in this bill, includes, among other 

persons and entities, non-governmental organizations with assigned responsibilities under domestic preparedness and response 

incident management plans. 

Section 4. Modification of Homeland Security Advisory System 

This section directs the Secretary to revise the Homeland Security Advisory System (HSAS) to require that the designation of a 

threat level or any other warning be issued to specific geographical 

regions and economic sectors. The Secretary must report annually 

to the Congress regarding the geographic region-specific or economic-specific warnings issued during the preceding fiscal year. 

The Committee observes that, aside from revising the HSAS, attention should be given to emerging technologies that will prove 

critical to enhancing our notification and alert systems to both the 

general public and first responders. New digital broadcasting technology, for example, has the potential to provide a secure, time-sensitive communication system for Federal, state and local governments. Specifically, digital broadcast signals may be used to transmit encrypted data to government offices, law enforcement agencies, hospitals, schools, businesses, and private residences. Since 

such signals are transmitted wirelessly and in unique bands of 

spectrum, downed telephone lines, clogged cellular services, and 

even Internet hackers pose less of a risk of disruption to such services during emergencies. Digital broadcasting also is becoming 

ubiquitous. Public television stations nationwide are in the process 

32 

of converting to digital broadcast signals that, when fully implemented, could reach ninety-nine (99) percent of American households, according to some estimates. Thus, the Committee encourages DHS to consider whether this technology may be helpful in 

providing training and alerts for citizens and first responders at 

the state and local levels, and in supplementing emergency alert 

systems. 

Section 5. Coordination of Industry Efforts 

This section adds to the duties of the Special Assistant to the 

Secretary for private sector liaison the responsibility to coordinate 

industry efforts to identify private sector resources that could effectively supplement Federal, state, and local government efforts to 

prevent or respond to terrorist attacks. 

Section 6. Superseded Provision 

This section provides that this Act supersedes section 1014 of the 

USA PATRIOT Act (Public Law 107–56) (dealing with allocation of 

terrorism grant funds). 

Section 7. Sense of Congress Regarding Interoperable Communications 

This section states that it is the Sense of the Congress that interoperable emergency communications systems that meet national 

voluntary consensus standards should be developed and promulgated as soon as practicable for use by first responders. 

The Committee also recognizes that it is of vital importance that 

the first responder community and public safety entities, to the 

greatest extent possible and as soon as practicable, have interoperable voice and data communication systems and that spectrum allocation and management be improved to assist in achieving this result. 

Section 8. Sense of Congress Regarding Citizen Corps Councils 

This section states that it is the Sense of the Congress that individual Citizen Corps Councils should seek to enhance and promote 

local terrorism preparedness programs by providing funding to as 

many of their participating local organizations as practicable. 

Section 9. Authorization of Appropriations 

This section authorizes to be appropriated to the Secretary for making covered grants the amount of $3.4 billion for fiscal year 

2006. 

Section 10. Study Regarding Nationwide Emergency Notification 

System 

This section directs the Secretary, in consultation with other appropriate Federal agencies, to conduct a study to determine whether it would be cost-effective, efficient, or feasible to establish and 

implement an emergency telephonic alert notification system. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitVerDate mar 24 2004 07:05 Apr 03, 2004 Jkt 029006 PO 00000 Frm 00032 Fmt 6659 Sfmt 6602 E:\HR\OC\HR460P1.XXX HR460P1
33 

ted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

HOMELAND SECURITY ACT OF 2002 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) * * * 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

* * * * * * * 

TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION 

Subtitle A—Directorate for Information Analysis and Infrastructure Protection; 

Access to Information 

* * * * * * * 

203. Homeland Security Advisory System. 

* * * * * * * 

TITLE XVIII—FUNDING FOR FIRST RESPONDERS 

1801. Faster and smarter funding for first responders. 

1802. Essential capabilities for first responders. 

1803. 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. 2. DEFINITIONS. 

In this Act, the following definitions apply: 

(1) * * * 

* * * * * * * 

(6) The term ‘‘emergency response providers’’ includes Federal, State, and local emergency public safety, law enforcement, fire, emergency response, emergency medical (including 

hospital emergency facilities), and related personnel, agencies, 

and authorities. 

* * * * * * * 

TITLE I—DEPARTMENT OF HOMELAND 

SECURITY 

* * * * * * * 

SEC. 102. SECRETARY; FUNCTIONS. 

(a) * * * 

* * * * * * * 

(f) SPECIAL ASSISTANT TO THE SECRETARY.—The Secretary shall 

appoint a Special Assistant to the Secretary who shall be responsible for—

(1) * * * 

* * * * * * * 

(6) promoting existing public-private partnerships and developing new public-private partnerships to provide for collaboraVerDate mar 24 2004 07:05 Apr 03, 2004 Jkt 029006 PO 00000 Frm 00033 Fmt 6659 Sfmt 6601 E:\HR\OC\HR460P1.XXX HR460P1
34 

tion and mutual support to address homeland security challenges; øand¿ 

(7) assisting in the development and promotion of private 

sector best practices to secure critical infrastructureø.¿; and 

(8) coordinating industry efforts to identify private sector resources and capabilities that could be effective in supplementing 

Federal, State, and local government agency efforts to prevent 

or respond to a terrorist attack. 

* * * * * * * 

TITLE II—INFORMATION ANALYSIS AND 

INFRASTRUCTURE PROTECTION 

Subtitle A—Directorate for Information 

Analysis and Infrastructure Protection; 

Access to Information 

* * * * * * * 

SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. 

(a) IN GENERAL.—The Secretary shall revise the Homeland Security Advisory System referred to in section 201(d)(7) to require that 

any designation of a threat level or other warning shall be accompanied by a designation of the geographic regions or economic sectors to which the designation applies. 

(b) REPORTS.—The Secretary shall report to the Congress annually by not later than December 31 each year regarding the geographic region-specific warnings and economic sector-specific warnings issued during the preceding fiscal year under the Homeland 

Security Advisory System referred to in section 201(d)(7), and the 

bases for such warnings. The report shall be submitted in unclassified form and may, as necessary, include a classified annex. 

* * * * * * * 

TITLE XVIII—FUNDING FOR FIRST 

RESPONDERS 

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

(a) COVERED GRANTS.—This title applies to any grant provided by 

the Department to States or regions to improve the ability of first 

responders to prevent, prepare for, respond to, or mitigate threatened or actual terrorist attacks, especially those involving weapons 

of mass destruction, and including any grant under the following: 

(1) STATE HOMELAND SECURITY GRANT PROGRAM.—The State 

Homeland Security Grant Program of the Department, or any 

successor to such grant program. 

(2) URBAN AREA SECURITY INITIATIVE.—The Urban Area Security Initiative of the Department, or any successor to such 

grant program. 

35 

(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 AC- COUNT 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—

36 

(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 EssenVerDate mar 24 2004 07:05 Apr 03, 2004 Jkt 029006 PO 00000 Frm 00036 Fmt 6659 Sfmt 6603 E:\HR\OC\HR460P1.XXX HR460P1
37 

tial 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 naVerDate mar 24 2004 07:05 Apr 03, 2004 Jkt 029006 PO 00000 Frm 00037 Fmt 6659 Sfmt 6603 E:\HR\OC\HR460P1.XXX HR460P1
38 

tional 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 indiVerDate mar 24 2004 07:05 Apr 03, 2004 Jkt 029006 PO 00000 Frm 00038 Fmt 6659 Sfmt 6603 E:\HR\OC\HR460P1.XXX HR460P1
39 

vidual 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. 

40 

(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 

41 

(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; 

42 

(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; 

43 

(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 

44 

(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 

45 

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. 

46 

(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 GOVERN- MENT.—

(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—

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(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.—

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(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 

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(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—

50 

(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’’. 

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