II 

108TH CONGRESS 

2D SESSION S. 2459 

To authorize the Secretary of Homeland Security to award research and 

equipment grants, to provide a tax credit for employers who hire temporary workers to replace employees receiving first responder training, 

to provide school-based mental health training, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2004 

Mr. ROCKEFELLER introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To authorize the Secretary of Homeland Security to award 

research and equipment grants, to provide a tax credit 

for employers who hire temporary workers to replace 

employees receiving first responder training, to provide 

school-based mental health training, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Community Security 

5 Act’’. 
2 

•S 2459 IS 

1 SEC. 2. TAX INCENTIVES TO FACILITATE TRAINING OR DIS2 ASTER RESPONSE BY INDIVIDUALS SERVING 

3 AS VOLUNTEER FIRST RESPONDERS. 

4 (a) FINDINGS.—Congress makes the following find5 ings: 

6 (1) Seventy percent of our Nation’s firefighters 

7 are volunteers, as are many emergency medical serv8 ice and police personnel. 

9 (2) States rely heavily on the services of these 

10 volunteer first responders. 

11 (3) Many career first responders begin as vol12 unteers. 

13 (4) Volunteer first responders need the same 

14 preparation and training as career first responders. 

15 Advanced training is frequently required before vol16 unteer first responders can be fully integrated in a 

17 State homeland security plan. 

18 (5) The training and duties of volunteer first 

19 responders sometimes conflict with their regular em20 ployment for significant periods of time, such as in 

21 cases of out-of-State training and disaster response. 

22 In these cases employers may need to hire tem23 porary replacement workers or incur other related 

24 costs while the volunteer responders are away from 

25 work. The burden of temporarily replacing these em-
3 

•S 2459 IS 

1 ployees is particularly great for small and single-em2 ployer businesses. 

3 (b) VOLUNTEER FIRST RESPONDER CREDIT.— 

4 (1) IN GENERAL.—Subpart D of part IV of 

5 subchapter A of chapter 1 (relating to business-re6 lated credits), as amended by this Act, is amended 

7 by adding at the end the following: 

8 ‘‘SEC. 45G. CREDIT TO EMPLOYERS OF VOLUNTEER FIRST 

9 RESPONDERS. 

10 ‘‘(a) GENERAL RULE.—For purposes of section 38, 

11 the volunteer first responder employee credit is an amount 

12 equal to 50 percent of the sum of— 

13 ‘‘(1) the employment credit with respect to all 

14 qualified volunteer first responder employees of the 

15 taxpayer, 

16 ‘‘(2) in the case of a small business employer, 

17 the replacement credit with respect to all qualified 

18 volunteer first responder employees of the taxpayer, 

19 plus 

20 ‘‘(3) the self-employment credit of a qualified 

21 volunteer first responder self-employed taxpayer. 

22 ‘‘(b) EMPLOYMENT CREDIT.—For purposes of this 

23 section— 

24 ‘‘(1) IN GENERAL.—The employment credit 

25 with respect to any qualified volunteer first re-
4 

•S 2459 IS 

1 sponder employee of the taxpayer is an amount 

2 equal to the lesser of— 

3 ‘‘(A) the actual compensation amount with 

4 respect to such employee for such taxable year, 

5 or 

6 ‘‘(B) $30,000. 

7 ‘‘(2) ACTUAL COMPENSATION AMOUNT.— 

8 ‘‘(A) IN GENERAL.—The term ‘actual com9 pensation amount’ means the amount of com10 pensation paid or incurred by the taxpayer with 

11 respect to a qualified volunteer first responder 

12 employee on any day when such employee was 

13 absent from employment for the purpose of par14 ticipating in a qualified activity. 

15 ‘‘(B) COMPENSATION.—The term ‘com16 pensation’ means any remuneration for employ17 ment, whether in cash or in kind, which is paid 

18 or incurred by a taxpayer and which is deduct19 ible from the taxpayer’s gross income under 

20 section 162(a)(1). 

21 ‘‘(3) LIMITATION.—No credit shall be allowed 

22 under this subsection with respect to any day that 

23 a qualified volunteer first responder employee who 

24 takes part in a qualified activity was not scheduled 
5 

•S 2459 IS 

1 to work (for reason other than to participate in a 

2 qualified activity). 

3 ‘‘(c) REPLACEMENT CREDIT.—For purposes of this 

4 section.— 

5 ‘‘(1) IN GENERAL.—The replacement credit 

6 with respect to any qualified volunteer first re7 sponder employee of the taxpayer is an amount 

8 equal to the sum of— 

9 ‘‘(A) the qualified compensation with re10 spect to each qualified replacement employee of 

11 the taxpayer paid by the taxpayer during the 

12 taxable year, and 

13 ‘‘(B) the qualified overtime wages paid by 

14 the taxpayer during the taxable year. 

15 ‘‘(2) LIMITATION.—The amount of the credit 

16 allowed by reason of this subsection shall not exceed 

17 $12,000 for any taxable year. 

18 ‘‘(3) QUALIFIED COMPENSATION.—The term 

19 ‘qualified compensation’ means— 

20 ‘‘(A) compensation which is normally con21 tingent on the qualified replacement employee’s 

22 presence for work and which is deductible from 

23 the taxpayer’s gross income under section 

24 162(a)(1), 
6 

•S 2459 IS 

1 ‘‘(B) compensation which is not character2 ized by the taxpayer as vacation or holiday pay, 

3 or as sick leave or pay, or as any other form 

4 of pay for a nonspecific leave of absence, and 

5 ‘‘(C) group health plan costs (if any) with 

6 respect to the qualified replacement employee. 

7 ‘‘(4) QUALIFIED REPLACEMENT EMPLOYEE.— 

8 The term ‘qualified replacement employee’ means an 

9 individual who is hired to replace a qualified volun10 teer first responder employee, but only with respect 

11 to the period during which such employee partici12 pates in a qualified activity, including time spent in 

13 travel status. 

14 ‘‘(5) QUALIFIED OVERTIME WAGES.—For pur15 poses of this section, the term ‘qualified overtime 

16 wages’ means overtime wages paid to an employee of 

17 the taxpayer (other than a qualified replacement em18 ployee) for duties normally performed by a qualified 

19 volunteer first responder employee, but only with re20 spect to the period during which such qualified vol21 unteer first responder employee participates in a 

22 qualified activity, including time spent in travel sta23 tus. 

24 ‘‘(6) COORDINATION WITH OTHER CREDITS.— 

25 The amount of credit otherwise allowable under sec-
7 

•S 2459 IS 

1 tions 51(a) and 1396(a) with respect to any em2 ployee shall be reduced by the credit allowed by rea3 son of paragraph (1)(A) with respect to such em4 ployee. 

5 ‘‘(d) SELF-EMPLOYMENT CREDIT.—For purposes of 

6 this section— 

7 ‘‘(1) IN GENERAL.—The self-employment credit 

8 with respect to a qualified volunteer first responder 

9 self-employed taxpayer is an amount equal to the 

10 amount paid or incurred by such taxpayer with re11 spect to a qualified self-employment replacement em12 ployee. 

13 ‘‘(2) QUALIFIED VOLUNTEER FIRST RE14 SPONDER SELF-EMPLOYED TAXPAYER.—The term 

15 ‘qualified volunteer first responder self-employed 

16 taxpayer’ means a taxpayer who— 

17 ‘‘(A) has self-employment income (as de18 fined in section 1402) for the taxable year, and 

19 ‘‘(B) holds a volunteer position as a fire20 fighter, law enforcement official, or emergency 

21 medical service provider. 

22 ‘‘(3) QUALIFIED SELF-EMPLOYMENT REPLACE23 MENT EMPLOYEE.—The term ‘qualified self-employ24 ment replacement employee’ means an individual 

25 who is hired to replace the qualified volunteer first 
8 

•S 2459 IS 

1 responder self-employed taxpayer, but only with re2 spect to the period during which such taxpayer par3 ticipates in a qualified activity, including time spent 

4 in travel status. 

5 ‘‘(e) DEFINITIONS AND OTHER RULES.—For pur6 poses of this section— 

7 ‘‘(1) QUALIFIED VOLUNTEER FIRST RE8 SPONDER EMPLOYEE.—The term ‘qualified volunteer 

9 first responder employee’ means an individual who— 

10 ‘‘(A) has been an employee of the taxpayer 

11 for the 91-day period immediately preceding the 

12 period during which the employee participates 

13 in a qualified activity, and 

14 ‘‘(B) holds a volunteer position as a fire15 fighter, law enforcement official, or emergency 

16 medical service provider. 

17 ‘‘(2) QUALIFIED ACTIVITY.—The term ‘quali18 fied activity’ means— 

19 ‘‘(A) training with respect to duties per20 formed in connection with the volunteer position 

21 of the qualified volunteer first responder em22 ployee or qualified volunteer first responder 

23 self-employed taxpayer, and 

24 ‘‘(B) the performance of duties in connec25 tion with the volunteer position of the qualified 
9 

•S 2459 IS 

1 volunteer first responder employee or qualified 

2 volunteer first responder self-employed tax3 payer, but only to the extent that such duties 

4 take not less than 1 day to perform. 

5 ‘‘(3) SMALL BUSINESS EMPLOYER.— 

6 ‘‘(A) IN GENERAL.—The term ‘small busi7 ness employer’ means, with respect to any tax8 able year, any employer who employed an aver9 age of 200 or fewer employees on business days 

10 during such taxable year. 

11 ‘‘(B) CONTROLLED GROUPS.—For pur12 poses of subparagraph (A), all persons treated 

13 as a single employer under subsection (b), (c), 

14 (m), or (o) of section 414 shall be treated as a 

15 single employer.’’. 

16 (2) CREDIT MADE PART OF GENERAL BUSINESS

17 CREDIT.—Section 38(b) of the Internal Revenue 

18 Code of 1986 is amended by striking ‘‘plus’’ at the 

19 end of paragraph (14), by striking the period at the 

20 end of paragraph (15) and inserting ‘‘, plus’’, and 

21 by adding at the end the following new paragraph: 

22 ‘‘(16) the volunteer first responder employee 

23 credit determined under section 45G.’’. 
10 

•S 2459 IS 

1 (3) TRANSITION RULE.—Section 39(d) of the 

2 Internal Revenue Code of 1986 is amended by add3 ing at the end the following new paragraph: 

4 ‘‘(11) NO CARRYBACK OF VOLUNTEER FIRST

5 RESPONDER EMPLOYEE CREDIT BEFORE ENACT6 MENT.—No portion of the unused business credit for 

7 any taxable year which is attributable to the volun8 teer first responder employee credit determined 

9 under section 45G may be carried back to a taxable 

10 year beginning before January 1, 2004.’’. 

11 (4) DENIAL OF DOUBLE BENEFIT.—Section 

12 280C(a) of the Internal Revenue Code of 1986 (re13 lating to rule for employment credits) is amended— 

14 (A) by inserting ‘‘or compensation’’ after 

15 ‘‘salaries’’, and 

16 (B) by inserting ‘‘45G,’’, after ‘‘45A(a),’’. 

17 (5) CONFORMING AMENDMENT.—The table of 

18 sections for subpart D of part IV of subchapter A 

19 of chapter 1 of the Internal Revenue Code of 1986 

20 is amended by adding at the end the following new 

21 item: 

‘‘Sec. 45G. Credit to employers of volunteer first responders.’’. 

22 (6) EFFECTIVE DATE.—The amendments made 

23 by this subsection shall apply to taxable years begin24 ning after December 31, 2003. 
11 

•S 2459 IS 

1 (c) DEDUCTION FOR CERTAIN EXPENSES OF VOLUN2 TEER FIRST RESPONDERS.— 

3 (1) DEDUCTION FOR TRAVEL EXPENSES.— 

4 (A) DEDUCTION ALLOWED.—Section 162 

5 (relating to certain trade or business expenses) 

6 is amended by redesignating subsection (q) as 

7 subsection (r) and inserting after subsection (p) 

8 the following new subsection: 

9 ‘‘(q) TREATMENT OF EXPENSES OF VOLUNTEER

10 FIRST RESPONDERS.—For purposes of subsection (a)(2), 

11 in the case of an individual who participates in a qualified 

12 activity (within the meaning of section 45G(e)(2)) as a 

13 volunteer first responder (within the meaning of section 

14 224) at any time during the taxable year, such individual 

15 shall be deemed to be away from home in the pursuit of 

16 a trade or business for any period during which such indi17 vidual is away from home in connection with such partici18 pation.’’. 

19 (B) DEDUCTION ALLOWED WHETHER OR

20 NOT TAXPAYER ELECTS TO ITEMIZE.—Section 

21 62(a)(2) (relating to certain trade and business 

22 deductions of employees) is amended by adding 

23 at the end the following new subparagraph: 

24 ‘‘(F) CERTAIN EXPENSES OF VOLUNTEER

25 FIRST RESPONDERS.—The deductions allowed 
12 

•S 2459 IS 

1 by section 162 which consist of expenses, deter2 mined at a rate not in excess of the rates for 

3 travel expenses (including per diem in lieu of 

4 subsistence) authorized for employees of agen5 cies under subchapter I of chapter 57 of title 5, 

6 United States Code, paid or incurred by the 

7 taxpayer in connection with participation in 

8 qualified activities (as defined in section 

9 45G(e)(2)) as a volunteer first responder for 

10 any period during which such individual is more 

11 than 100 miles away from home in connection 

12 with such qualified activities.’’. 

13 (2) DEDUCTION FOR TRAINING EXPENSES.— 

14 (A) IN GENERAL.—Part VII of subchapter 

15 B of chapter 1 of the Internal Revenue Code of 

16 1986 (relating to additional itemized deduction 

17 for individuals) is amended by redesignating 

18 section 224 as section 225 and by inserting 

19 after section 223 the following new section: 

20 ‘‘SEC. 224. CERTAIN EXPENSES OF VOLUNTEER FIRST RE21 SPONDERS. 

22 ‘‘(a) IN GENERAL.—In the case of a volunteer first 

23 responder, there shall be allowed as a deduction an 

24 amount equal to the expenses paid or incurred by the vol25 unteer first responder necessary for training with respect 
13 

•S 2459 IS 

1 to duties performed in connection with the volunteer posi2 tion of such volunteer first responder. 

3 ‘‘(b) VOLUNTEER FIRST RESPONDER.—For purposes 

4 of this section, the term ‘volunteer first responder’ means 

5 an individual who holds a volunteer position as a fire6 fighter, law enforcement official, or emergency medical 

7 service provider.’’. 

8 (B) DEDUCTION ALLOWED WHETHER OR

9 NOT TAXPAYER ELECTS TO ITEMIZE.—Section 

10 62(a) of such Code (relating to adjusted gross 

11 income) is amended by adding at the end the 

12 following new section: 

13 ‘‘(20) VOLUNTEER FIRST RESPONDER TRAIN14 ING EXPENSES.—The deduction allowed by section 

15 224.’’. 

16 (C) CONFORMING AMENDMENT.—The 

17 table of section for part VII of subchapter B of 

18 chapter 1 of such Code is amended by striking 

19 the item relating to section 224 and inserting 

20 the following: 

‘‘Sec. 224. Certain expenses of volunteer first responders. 

‘‘Sec. 225. Cross reference.’’. 

21 (3) EFFECTIVE DATE.—The amendments made 

22 by this subsection shall apply to taxable years begin23 ning after December 31, 2003. 
14 

•S 2459 IS 

1 SEC. 3. CRITICAL NEED GRANTS FOR FIRST RESPONDERS. 

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

3 (1) According to a report by the Council on 

4 Foreign Relations Independent Task Force, first re5 sponders in the United States are underfunded and 

6 unprepared for future natural, technological, and 

7 human-caused disasters. 

8 (2) Local firefighters, police officers, and emer9 gency medical personnel are responsible for disaster 

10 prevention, mitigation, and response. 

11 (3) It is essential that first responders have 

12 basic safety equipment that is in good working order 

13 and customized, if appropriate, to do their jobs as 

14 safely and effectively as possible. 

15 (4) All first responder operation centers need 

16 basic communications equipment, including— 

17 (A) multiple touch-tone phone lines; 

18 (B) a fax machine with a dedicated phone 

19 line; 

20 (C) a computer with a high-speed connec21 tion to the Internet; and 

22 (D) personal communication devices for 

23 shift supervisors, their commanders, and all 

24 first responders in a work unit. 

25 (b) PURPOSE.—The purpose of this section is to es26 tablish a competitive grant program within the Depart-
15 

•S 2459 IS 

1 ment of Homeland Security to provide first responders 

2 with the basic equipment needed to accomplish their 

3 homeland security goals. 

4 (c) LOCAL CRITICAL NEED HOMELAND SECURITY

5 GRANTS FOR FIRST RESPONDERS.—Title V of the Home6 land Security Act of 2002 (6 U.S.C. 311 et seq.) is amend7 ed by adding at the end the following: 

8 ‘‘SEC. 510. LOCAL CRITICAL NEED HOMELAND SECURITY 

9 GRANTS FOR FIRST RESPONDERS. 

10 ‘‘(a) DEFINITIONS.—As used in this section, the fol11 lowing definitions shall apply: 

12 ‘‘(1) BASIC PERSONAL EQUIPMENT.—The term 

13 ‘basic personal equipment’ means equipment nec14 essary to achieve the standard of basic preparedness 

15 established by the Under Secretary for Emergency 

16 Preparedness and Response under subsection (d), in17 cluding— 

18 ‘‘(A) personal breathing apparatus; 

19 ‘‘(B) protective equipment; and 

20 ‘‘(C) bulletproof vests. 

21 ‘‘(2) COMMUNICATIONS ENHANCEMENT.—The 

22 term ‘communications enhancement’ means improve23 ments to local first responder communications sys24 tems that are necessary to achieve the standard of 

25 basic preparedness established by the Under Sec-
16 

•S 2459 IS 

1 retary for Emergency Preparedness and Response 

2 under subsection (d), including the development or 

3 enhancement of— 

4 ‘‘(A) emergency operations centers; 

5 ‘‘(B) processes and facilities for informa6 tion sharing among different levels and first re7 sponder units; and 

8 ‘‘(C) communications capabilities within 

9 individual firehouses, police precincts, or other 

10 centers of emergency operation. 

11 ‘‘(b) STANDARD OF BASIC PREPAREDNESS.—Not 

12 later than September 30, 2005, the Under Secretary for 

13 Emergency Preparedness and Response shall establish a 

14 standard of basic preparedness for local first responders, 

15 which shall provide for maximum State flexibility. 

16 ‘‘(c) GRANTS AUTHORIZED.—The Secretary may 

17 award need-based, competitive grants to States and units 

18 of local government to be used for basic personal equip19 ment and communications enhancement needed to per20 form their disaster response, mitigation, and recovery mis21 sions. 

22 ‘‘(d) APPLICATION.— 

23 ‘‘(1) IN GENERAL.—Each eligible entity desir24 ing a grant under this section shall submit an appli25 cation to the Under Secretary for Emergency Pre-
17 

•S 2459 IS 

1 paredness and Response at such time, in such man2 ner, and containing such information, including the 

3 safety and communications equipment to be pur4 chased with grant funds, as the Under Secretary 

5 may reasonably require. 

6 ‘‘(2) PRIORITY.— 

7 ‘‘(A) IN GENERAL.—The Under Secretary 

8 shall give the highest priority to applicants 

9 demonstrating the greatest need for basic per10 sonal equipment and communication enhance11 ments when compared to the standard of basic 

12 preparedness established under subsection (d). 

13 ‘‘(B) INTERIM PRIORITY.—Until a stand14 ard of basic preparedness is established under 

15 subsection (d), the Secretary shall give highest 

16 priority to applicants that demonstrate the 

17 greatest need for basic personal equipment and 

18 communication enhancements when compared 

19 to the standard under consideration. 

20 ‘‘(3) EVALUATION PLANS.—The Secretary shall 

21 use evaluation plans under consideration to help de22 termine which applicants will receive grants under 

23 this section. 

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

25 are authorized to be appropriated, for each of fiscal years 
18 

•S 2459 IS 

1 2005 through 2007, such sums as may be necessary to 

2 carry out this section, which shall remain available until 

3 expended.’’. 

4 SEC. 4. SAFE SCHOOLS THROUGH MENTAL HEALTH PRO5 GRAM. 

6 (a) GRANTS AUTHORIZED.—Subpart 2 of part A of 

7 title IV of the Elementary and Secondary Education Act 

8 of 1965 (20 U.S.C. 7131 et seq.) is amended by adding 

9 at the end the following: 

10 ‘‘SEC. 4131. MENTAL HEALTH PROGRAMS. 

11 ‘‘(a) PURPOSE.—The purpose of this section is to 

12 provide grants to States and local educational agencies— 

13 ‘‘(1) to prepare for and respond to disasters or 

14 terrorism in or impacting schools; 

15 ‘‘(2) to prevent avoidable disasters, such as in16 school or school-related violence; 

17 ‘‘(3) to establish community-sustainable mental 

18 health programs in schools; and 

19 ‘‘(4) to train school personnel on mental health 

20 issues, including disaster and terrorism prevention, 

21 response, and mitigation. 

22 ‘‘(b) FINDINGS.—Congress makes the following find23 ings: 

24 ‘‘(1) Schools occupy a unique place in the com25 munity. In addition to their main mission of edu-
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•S 2459 IS 

1 cating children, they serve a public education role 

2 and a role in community organization. 

3 ‘‘(2) Schools have new responsibilities in the 

4 homeland security era and in terms of disaster re5 sponse. Schools often serve as community meeting 

6 places, centers of operation for disaster response, 

7 and shelters, and have a place in preventing some 

8 disasters from happening. Schools may also be called 

9 upon to fill novel roles in the case of a disaster, such 

10 as keeping children safe after normal school hours. 

11 ‘‘(3) Some disasters, such as in-school violence, 

12 are largely preventable. Mental health professionals 

13 in schools may be able to anticipate and prevent 

14 school-related disasters and are better positioned to 

15 mitigate disaster effects. 

16 ‘‘(4) After any disaster, people benefit from re17 turning to their normal routine to whatever extent 

18 possible. Schools may be in the position to mitigate 

19 disaster–related stress. 

20 ‘‘(c) DEFINITION.—In this section, the term ‘eligible 

21 entity’ means a public school or a local educational agency. 

22 ‘‘(d) SAFE SCHOOLS THROUGH MENTAL HEALTH

23 PROGRAM.— 

24 ‘‘(1) GRANTS AUTHORIZED.—From funds made 

25 available to carry out this subpart under section 
20 

•S 2459 IS 

1 4003(2), the Secretary shall award grants to eligible 

2 entities to pay the Federal share of the cost of car3 rying out the activities described in paragraph (3). 

4 ‘‘(2) APPLICATION.—An eligible entity that de5 sires to receive a grant under this subsection shall 

6 submit an application to the Secretary at such time, 

7 in such manner, and accompanied by such informa8 tion as the Secretary may require, including a cer9 tification that the eligible entity will provide the nec10 essary State or local funding to continue the activi11 ties initiated with the grant during the 5-year period 

12 beginning on the date on which such grant is award13 ed. 

14 ‘‘(3) USES OF FUNDS.—An eligible entity that 

15 receives a grant under this subsection may use the 

16 grant funds to— 

17 ‘‘(A) train elementary school and sec18 ondary school teachers, administrators, and 

19 other professionals to— 

20 ‘‘(i) identify and prevent avoidable 

21 disasters; and 

22 ‘‘(ii) assist children in dealing with 

23 the aftermath of terrorism and disasters or 

24 other mental health issues; 
21 

•S 2459 IS 

1 ‘‘(B) provide for school-based mental 

2 health professionals to offer services in elemen3 tary and secondary schools; 

4 ‘‘(C) provide mental health services to ele5 mentary and secondary school students who 

6 face, or have faced, disciplinary action, includ7 ing students who have been suspended or ex8 pelled from school. 

9 ‘‘(4) FEDERAL SHARE.—The Federal share of 

10 the cost of carrying out the activities under para11 graph (3) shall be not more than— 

12 ‘‘(A) 80 percent of the total cost of such 

13 activities, in the first year of the grant award; 

14 ‘‘(B) 60 percent of the total cost of such 

15 activities, in the second year of the grant 

16 award; 

17 ‘‘(C) 40 percent of the total cost of such 

18 activities, in the third year of the grant award; 

19 ‘‘(D) 20 percent of the total cost of such 

20 activities, in the fourth year of the grant award; 

21 and 

22 ‘‘(E) 0 percent of the total cost of such ac23 tivities, in the fifth year of the grant award. 

24 ‘‘(5) STATE AND LOCAL FUNDING.—If an eligi25 ble entity receiving a grant under this subsection 
22 

•S 2459 IS 

1 fails to provide sufficient State or local funding, in 

2 accordance with paragraph (4), the eligible entity 

3 shall be subject to a penalty up to the amount re4 ceived under this subsection, as determined by the 

5 Secretary, which shall be payable to the United 

6 States Treasury. 

7 ‘‘(e) SCHOOL-BASED DISASTER MITIGATION RE8 FUND PROGRAM.— 

9 ‘‘(1) GRANTS AUTHORIZED.—From funds made 

10 available to carry out this subpart under section 

11 4003(2), the Secretary, in an emergency declared by 

12 the President under title V of the Robert T. Stafford 

13 Disaster Relief and Emergency Assistance Act (42 

14 U.S.C. 501 et seq.), shall award grants to eligible 

15 entities to pay the Federal share of the cost of car16 rying out the activities described in paragraph (3). 

17 ‘‘(2) APPLICATION.—An eligible entity that de18 sires to receive a grant under this subsection shall 

19 submit an application to the Secretary at such time, 

20 in such manner, and accompanied by such informa21 tion as the Secretary may require. 

22 ‘‘(3) USE OF FUNDS.—An eligible entity that 

23 receives a grant under this subsection shall use the 

24 grant funds to reimburse elementary and secondary 

25 schools for costs incurred by such schools— 
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•S 2459 IS 

1 ‘‘(A) during a disaster response; and 

2 ‘‘(B) for in–school mental health coun3 seling for a period of 13 months beginning on 

4 the date of the disaster.’’. 

5 (b) FEDERAL EMERGENCY ASSISTANCE.—Section 

6 502(a) of the Robert T. Stafford Disaster Relief and 

7 Emergency Assistance Act (42 U.S.C. 5192(a)) is amend8 ed— 

9 (1) in paragraph (6), by striking ‘‘and’’ at the 

10 end; 

11 (2) in paragraph (7), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(8) provide financial assistance to affected 

15 State and local governments for school-based com16 munity mental health counseling.’’. 

17 SEC. 5. HOMELAND SECURITY RESEARCH AND DEVELOP18 MENT GRANT PROGRAM. 

19 (a) FINDINGS.—Congress finds the following: 

20 (1) The Department of Homeland Security is 

21 responsible for funding the intramural and extra22 mural research and development to address the De23 partment’s scientific and technological needs and re24 quirements. 
24 

•S 2459 IS 

1 (2) Funding has been appropriated to the De2 partment of Homeland Security to carry out signifi3 cant levels of scientific development, and this fund4 ing will likely increase in the future. 

5 (3) Terrorist threats against the United States 

6 are not restricted to a single geographic area, ter7 rorist group, or method of threat. Undefended bor8 ders make terrorist attacks possible in places that 

9 have never had to prepare for, or respond to, ter10 rorism. 

11 (4) Every State must be prepared for disasters 

12 and will incur costs associated with homeland secu13 rity. 

14 (5) States experience varying levels of potential 

15 homeland security threats and homeland security 

16 concerns vary geographically. Addressing these 

17 threats requires regional and local expertise, thus 

18 the scientific and technological workforce and train19 ing should not be overly centralized. 

20 (6) Academic research and development funding 

21 has not been distributed equitably in the past. Con22 gress has taken steps to resolve this problem. Cor23 recting this inequity will provide beneficial results 

24 for science and technology training and research. 
25 

•S 2459 IS 

1 (b) PURPOSE.—The purpose of this section is to es2 tablish a competitive grant program for homeland security 

3 research and development. 

4 (c) HOMELAND SECURITY RESEARCH AND DEVELOP5 MENT GRANT PROGRAM.—Title III of the Homeland Se6 curity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

7 adding at the end the following: 

8 ‘‘SEC. 314. COMPETITIVE RESEARCH GRANT PROGRAM. 

9 ‘‘(a) ESTABLISHMENT.—The Secretary, in consulta10 tion with the Under Secretary for Science and Technology, 

11 shall establish a Homeland Security Competitive Research 

12 Grant Program (referred to in this section as the ‘Pro13 gram’) to more equitably distribute Federal research and 

14 development funds by awarding competitive grants to uni15 versities and colleges in eligible States to conduct research 

16 projects relating to homeland security. 

17 ‘‘(b) ELIGIBLE STATES.—During fiscal years 2005 

18 and 2006, colleges and universities located in States and 

19 territories that qualify for the National Science Founda20 tion’s EPSCoR program or the National Institutes of 

21 Health IDeA program shall be eligible for funding under 

22 the Program. 

23 ‘‘(c) RESPONSIBILITIES.—The Under Secretary for 

24 Science and Technology shall— 
26 

•S 2459 IS 

1 ‘‘(1) ensure that not less than 15 percent of the 

2 Department’s overall academic research funding is 

3 allocated to universities and colleges in eligible 

4 States; 

5 ‘‘(2) establish a cofunding mechanism for 

6 States with academic facilities that have not fully 

7 developed security-related science and technology to 

8 support burgeoning research efforts by the faculty or 

9 link them to established investigators; 

10 ‘‘(3) provide for conferences, workshops, out11 reach, and technical assistance to researchers and 

12 academic institutions in eligible States on topics re13 lated to developing science and technology expertise 

14 in areas of high interest and relevance to the De15 partment; 

16 ‘‘(4) monitor the efforts of States to develop 

17 programs that support the Department’s mission; 

18 ‘‘(5) implement a merit review program, con19 sistent with program objectives, to ensure the qual20 ity of research conducted with Program funding; and 

21 ‘‘(6) provide annual reports on the progress and 

22 achievements of the Program to the Secretary. 

23 ‘‘(d) ANNUAL REPORT.—Not later than March 15 of 

24 each year, the Under Secretary for Science and Tech-
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1 nology shall submit a report to Congress on the implemen2 tation of the Program. 

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

4 are authorized to be appropriated— 

5 ‘‘(1) $5,000,000 for fiscal year 2005 to carry 

6 out subsection (c)(3); and 

7 ‘‘(2) such sums as may be necessary for fiscal 

8 year 2006 to carry out this section.’’. 

9 SEC. 6. HOMELAND SECURITY RESEARCH EXPANSION 

10 GRANT PROGRAM. 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) The Department of Homeland Security 

13 should fund research, which explores the innovative 

14 human dimensions of homeland security. 

15 (2) Infrastructure and transportation systems, 

16 and the systems designed to protect them, are only 

17 as effective as their operators and users. 

18 (3) Because communication before, during, and 

19 after disasters is critical, the understanding of be20 havioral, psychological, and social sciences in pro21 moting effective communications with homeland se22 curity goals in mind is vital to the department’s mis23 sion. 

24 (4) Several areas of social science are relevant 

25 to homeland security, including— 
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1 (A) theories and data regarding threat 

2 communication and the psychological impacts of 

3 such threats; 

4 (B) citizen response to disaster; 

5 (C) group behavior in response to a threat 

6 or actual disaster; 

7 (D) theories and data about the impact of 

8 sustained attention and vigilance on reasoning; 

9 and 

10 (E) risk analysis and decision-making and 

11 their application to homeland security. 

12 (5) Since the primary goal of terrorism is to 

13 disrupt social systems, the Department of Homeland 

14 Security should support research on how attitudes 

15 and beliefs about terrorism impact— 

16 (A) consumer confidence; 

17 (B) population mobility; 

18 (C) decisions about childcare; 

19 (D) job behaviors; and 

20 (E) attitudes toward immigrants, political 

21 institutions, and leaders. 

22 (6) Homeland security efforts would benefit 

23 from research on— 

24 (A) the selection, management, and train25 ing of security personnel and first responders; 
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1 (B) the impact of stereotyping and 

2 marginalization of groups; 

3 (C) hate crimes; 

4 (D) the emergence and maintenance of 

5 fundamentalist, extremist, and antigovernment 

6 groups within the United States; and 

7 (E) protection against the acts inspired by 

8 the groups described in subparagraph (D). 

9 (b) PURPOSE.—The purpose of this section is to es10 tablish a program to award research grants to examine 

11 the social dimensions of terrorism. 

12 (c) RESEARCH EXPANSION GRANTS.—Title III of the 

13 Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), 

14 as amended by section 5, is further amended by adding 

15 at the end the following: 

16 ‘‘SEC. 315. RESEARCH EXPANSION GRANTS. 

17 ‘‘(a) IN GENERAL.—The Secretary shall award re18 search grants to colleges and universities to— 

19 ‘‘(1) analyze group dynamics during periods of 

20 extreme stress, including how first responders— 

21 ‘‘(A) react during such periods; 

22 ‘‘(B) can be inoculated to stress; and 

23 ‘‘(C) can help mitigate the stress and so24 cial disruption that often accompanies emer25 gency situations; 
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1 ‘‘(2) analyze the social and cultural factors that 

2 may affect the performance of first responder 

3 groups; 

4 ‘‘(3) expand human factors research to all other 

5 modes of transportation including the use of infra6 structure and transportation systems under evacu7 ation circumstances; 

8 ‘‘(4) develop and demonstrate compliance with 

9 operability standards for new technologies designed 

10 by human factors experts in conjunction with users; 

11 ‘‘(5) examine the decision making of voluntary 

12 first responders under extended periods of disaster, 

13 including whether volunteer first responders would 

14 report to their primary jobs or their first responder 

15 positions if simultaneously called to both; and 

16 ‘‘(6) understand how the Homeland Security 

17 Advisory System operates as a useful communication 

18 tool for citizens. 

19 ‘‘(b) APPLICATION.—Each college and university de20 siring a grant under this section shall submit an applica21 tion to the Secretary at such time, in such manner, and 

22 containing such information as the Secretary may reason23 ably require. 

24 ‘‘(c) ANNUAL REPORTS.— 
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1 ‘‘(1) REPORT TO SECRETARY.—Grant recipients 

2 shall submit an annual report to the Secretary con3 taining specific research findings that may be used 

4 to improve emergency preparedness and response ef5 forts. 

6 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

7 shall submit an annual report to Congress on the 

8 grant program authorized by this section. 

9 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated $40,000,000 for each 

11 of the fiscal years 2005 through 2007.’’. 

Æ