89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–376 

FIRST RESPONDER ANTI-TERRORISM TRAINING 

RESOURCES ACT 

DECEMBER 15, 2009.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. THOMPSON of Mississippi, from the Committee on Homeland 

Security, submitted the following 

R E P O R T 

[To accompany H.R. 3978] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 3978) to amend the Implementing Recommendations of 

the 9/11 Commission Act of 2007 to authorize the Secretary of 

Homeland Security to accept and use gifts for otherwise authorized 

activities of the Center for Domestic Preparedness that are related 

to preparedness for and response to terrorism, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 2 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 3 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 3 

Congressional Budget Office Estimate ................................................................... 3 

Statement of General Performance Goals and Objectives .................................... 4 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 4 

Federal Mandates Statement ................................................................................. 4 

Advisory Committee Statement .............................................................................. 4 

Constitutional Authority Statement ...................................................................... 4 

Applicability to Legislative Branch ........................................................................ 5 

Section-by-Section Analysis of the Legislation ...................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 5 


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PURPOSE AND SUMMARY

The purpose of H.R. 3978 is to amend the Implementing Recommendations of the 9/11 Commission Act of 2007 to authorize the 

Secretary of Homeland Security to accept and use gifts for otherwise authorized activities of the Center for Domestic Preparedness 

that are related to preparedness for and response to terrorism. 

BACKGROUND AND NEED FOR LEGISLATION

The Federal Emergency Management Agency’s (FEMA) Center 

for Domestic Preparedness (CDP), located in Anniston, Alabama, 

began its operations in 1998 and offers unique hands-on training 

to America’s emergency responders on chemical, biological, radiological, nuclear, and explosive weapons. CDP is the Nation’s leading all-hazards training center and the only federally-chartered 

weapons of mass destruction training center. Training at the CDP 

for State and local emergency responders is fully funded by the Department of Homeland Security. Thousands of responders from all 

fifty States, the District of Columbia, and all U.S. territories, have 

trained at the CDP. In addition, CDP provides training to Federal 

government employees, foreign officials, and private entities. 

CDP often receives offers of donations from official sources (as do 

other Department of Homeland Security (DHS) training centers), 

particularly training displays such as railroad cars, trailers, and 

emergency response equipment, as well as offers of services such 

as guest lecturers. Authority for gift acceptance is granted under 

the Stafford Act (see 42 U.S.C. § 5197(d)). This authority only applies to gifts for preparedness purposes in accordance with the provisions of the Stafford Act. Since activities of the CDP are not conducted under the Stafford Act, this gift provision does not apply, 

and the CDP therefore lacks legal authority to accept gifts that 

would enhance its ability to deliver training. H.R. 3978 is necessary to close this statutory gap, by authorizing CDP to accept 

certain gifts for certain purposes. 

Other DHS training centers not covered by the Stafford Act, such 

as the Federal Law Enforcement Training Center (FLETC), have 

statutory authority to accept gifts (see 6 U.S.C. § 464(a)). Consistent with the authority provided to FLETC in 2004, H.R. 3978 

would authorize the Secretary to accept donations for activities of 

the CDP that will help bolster first responder terrorism preparedness and response training. 

HEARINGS

No Committee hearings were held on H.R. 3978. However, during the 109th Congress, the Subcommittee on Management, Investigations, and Oversight conducted a related field hearing on July 

22, 2008, in McClellan, Alabama entitled ‘‘Examining the Training 

of First Responders in Rural Communities.’’ The Subcommittee received testimony from Hon. Dennis Schrader, Deputy Administrator for National Preparedness, Federal Emergency Management 

Agency, Department of Homeland Security; Mr. Jim Walker, Director, Alabama Department of Homeland Security; Dr. William Meehan, President, Jacksonville State University; Mr. John Pearce, Associate Director, Auburn University Canine Detection Training 


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Center; and Mr. Matthew C. Knight, Vice President, Alabama Association of Rescue Squads. 

COMMITTEE CONSIDERATION

The Subcommittee on Emergency Communications, Preparedness, and Response considered H.R. 3978 on November 3, 2009, 

and forwarded the measure to the Full Committee for consideration 

with a favorable recommendation, by voice vote. 

The Committee on Homeland Security met on November 17, 

2009, to consider H.R. 3978, and ordered the measure to be reported to the House with a favorable recommendation by voice 

vote. The Committee took the following actions: 

The Committee adopted the measure, without amendment, by 

unanimous consent. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report legislation and amendments thereto. 

No recorded votes were requested during consideration of H.R. 

3978. 

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. 

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. 3978, the 

First Responder Anti-Terrorism Training Resources Act, would result in no new or increased budget authority, entitlement authority, or tax expenditures or revenues. 

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. 

NOVEMBER 19, 2009. 

Hon. BENNIE G. THOMPSON, 

Chairman, 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. 3978, the First Responder 

Anti-Terrorism Training Resources Act. 

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

to provide them. The CBO staff contact is Daniel Hoople. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 


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H.R. 3978—First Responder Anti-Terrorism Training Resources Act 

CBO estimates that implementing H.R. 3978 would have no sig- nificant cost over the next five years. Enacting this legislation 

would not affect direct spending or revenues. The bill would allow the Department of Homeland Security (DHS) to accept non-monetary gifts, including real and personal 

property and services, for certain authorized activities of the Center for Domestic Preparedness that it would not otherwise be able 

to accept under current law. DHS would be required to report to 

Congress each year on the gifts received as a result of this bill. Because such gifts would be non-monetary and would, in most cases, 

not amount to a significant value, CBO estimates that implementing H.R. 3978 would not significantly affect the federal budget. 

H.R. 3978 contains no intergovernmental or private-sector man- dates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. The CBO staff contact for this estimate is Daniel Hoople. This 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, H.R. 3978 contains the following general performance goals, and objectives, including outcome related goals and 

objectives authorized. H.R. 3978 requires the Secretary of Homeland Security to submit an annual report to the House Committee on Homeland Security 

and the Senate Committee on Homeland Security and Governmental Affairs on gifts accepted under this bill. 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

In compliance with rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(e), 9(f), or 9(g) of the rule XXI. 

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

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

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. 


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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 

This Act may be cited as the ‘‘First Responder Anti-Terrorism 

Training Resources Act’’. 

Section 2. Acceptance of gifts for first responder terrorism preparedness and response training 

This section amends Section 1204 of the Implementing Recommendations of the 9/11 Commission Act of 2007 to allow the Secretary of Homeland Security to accept and use gifts of property and 

services, including guest lecturers, for activities of the Center for 

Domestic Preparedness (CDP) that are related to preparedness for 

and response to terrorism. 

The Committee views the authority to accept and use donated 

goods for activities of the CDP as important to first responder preparedness and response training. Currently, the CDP lacks the authority to accept donations of goods, such as training displays, and 

services, such as guest lecturers. Other DHS training centers, such 

as the Federal Law Enforcement Training Center, already benefit 

from this authority (see 6 U.S.C. § 464(a)). 

The Secretary is required to report annually to the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs on the donations that are 

accepted under this Act; how those donations contribute to the mission of the Center for Domestic Preparedness; and the amount of 

Federal savings generated by their acceptance. 

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 (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

SECTION 1204 OF THE IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007 

SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM. 

(a) * * * 

* * * * * * * 

(f) ACCEPTANCE OF GIFTS.— 

(1) AUTHORITY.—Notwithstanding section 873(b) of the Homeland Security Act of 2002 (6 U.S.C. 453(b)), the Secretary may 

accept and use gifts of property, both real and personal, and 

may accept gifts of services, including from guest lecturers, for 

otherwise authorized activities of the Center for Domestic PreVerDate Nov 24 2008 11:43 Dec 16, 2009 Jkt 089006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6603 E:\HR\OC\HR376.XXX HR376

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paredness that are related to preparedness for and response to 

terrorism. 

(2) REPORT.—The Secretary shall report annually to the Committee on Homeland Security of the House of Representatives 

and the Committee on Homeland Security and Governmental 

Affairs of the Senate— 

(A) any gifts that were accepted under this subsection in 

the preceding year; 

(B) how such gifts contribute to the mission of the Center 

for Domestic Preparedness; and 

(C) the amount of Federal savings that were generated 

from the acceptance of such gifts. 

* * * * * * * 

Æ 


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