I 

108TH CONGRESS 

2D SESSION H. R. 5430

To authorize the Secretary of Homeland Security to make grants to first 

responders, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 7, 2004

Mr. FRELINGHUYSEN (for himself, Mr. SMITH of New Jersey, Mr. SAXTON, 

Mr. LOBIONDO, Mr. FERGUSON, and Mr. GARRETT of New Jersey) introduced the following bill; which was referred to the Select Committee on 

Homeland Security, and in addition to the Committees on Transportation 

and Infrastructure, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To authorize the Secretary of Homeland Security to make 

grants to first responders, 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 ‘‘Smarter Funding for 

5 all of America’s Homeland Security Act of 2004’’. 
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1 SEC. 2. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR 

2 TRADITIONAL FIRST RESPONDER MISSIONS. 

3 (a) IN GENERAL.—This Act does not affect any au4 thority to make grants under any Federal grant program 

5 in existence immediately prior to September 11, 2001, 

6 that enhance traditional missions of State and local law 

7 enforcement, firefighters, ports, emergency medical serv8 ices, or public health missions. 

9 (b) INCLUDED PROGRAMS.—The programs referred 

10 to in subsection (a) include the following: 

11 (1) FIRE GRANT PROGRAM.—The Fire Grant 

12 Program authorized by section 1703 of the Defense 

13 Authorization Act of 2001 (Public Law 106–398). 

14 (2) EMERGENCY MANAGEMENT PLANNING AND

15 ASSISTANCE ACCOUNT GRANTS.—The Emergency 

16 Management Performance Grant program and the 

17 Urban Search and Rescue Grants program author18 ized by title VI of the Robert T. Stafford Disaster 

19 Relief and Emergency Assistance Act (42 U.S.C. 

20 5195 et seq.); the Departments of Veterans Affairs 

21 and Housing and Urban Development, and Inde22 pendent Agencies Appropriations Act, 2000 (113 

23 Stat. 1047 et seq.); and the Earthquake Hazards 

24 Reduction Act of 1977 (42 U.S.C. 7701 et seq.). 

25 (3) DEPARTMENT OF JUSTICE LAW ENFORCE26 MENT GRANT PROGRAMS.—The Local Law Enforce-
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1 ment Block Grant program of the Department of 

2 Justice. 

3 (4) BYRNE MEMORIAL FORMULA GRANTS.—The 

4 Edward Byrne Memorial State and Local Law En5 forcement Assistance Programs authorized by part 

6 E of title I of the Omnibus Crime Control and Safe 

7 Streets Act of 1968 (42 U.S.C. 3750 et seq.). 

8 (5) COPS.—The Public Safety and Community 

9 Policing (‘‘COPS ON THE BEAT’’) grant program 

10 authorized by part Q of title I of the Omnibus Crime 

11 Control and Safe Streets Act of 1968 (42 U.S.C. 

12 3796dd et seq.). 

13 (6) HEALTH AND HUMAN SERVICES GRANT

14 PROGRAMS.—Grant programs under the Public 

15 Health Service Act regarding preparedness for bio16 terrorism and other public health emergencies (in17 cluding grants under sections 319C–1, 319C–2, and 

18 319F), and the emergency response assistance pro19 gram authorized by section 1412 of the National 

20 Defense Authorization Act for Fiscal Year 1997 (50 

21 U.S.C. 2312). 

22 SEC. 3. FASTER AND SMARTER FUNDING FOR FIRST RE23 SPONDERS. 

24 (a) IN GENERAL.—Subtitle A of title VIII of the 

25 Homeland Security Act of 2002 (Public Law 107–296; 6 
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1 U.S.C. 361 et seq.) is amended by adding at the end the 

2 following: 

3 ‘‘SEC. 802. FASTER AND SMARTER FUNDING FOR FIRST RE4 SPONDERS.

5 ‘‘(a) SHORT TITLE.—This section may be cited as the 

6 ‘Faster and Smarter Funding for First Responders Act’. 

7 ‘‘(b) FIRST RESPONDER GRANTS AUTHORIZED.—

8 ‘‘(1) IN GENERAL.—The Secretary shall estab9 lish a State and Regional First Responder Grant 

10 Program, under which the Secretary may make 

11 grants in accordance with this section to States and 

12 eligible regional entities. 

13 ‘‘(2) APPLICATION TO OTHER GRANTS.—All 

14 grants by the Secretary with amounts made avail15 able after the date of the enactment of this Act for 

16 first responders shall be awarded under the pro17 gram, and shall be made to either States or eligible 

18 regional cooperatives in accordance with this section. 

19 ‘‘(3) ADMINISTRATION.—The Secretary shall 

20 administer the program through the Office for State 

21 and Local Government Coordination. 

22 ‘‘(c) GRANT CRITERIA AND ELIGIBILITY.—

23 ‘‘(1) GRANT CRITERIA.—The Secretary shall 

24 make grants under this section on the basis of the 

25 threat to a State or region’s population and critical 
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1 infrastructure, as determined by the Under Sec2 retary for Information Analysis and Infrastructure 

3 Protection based on its analysis under subsection (e) 

4 of threat-related information from all sources pursu5 ant to its authority under section 202 of the Home6 land Security Act of 2002. 

7 ‘‘(2) GRANT ELIGIBILITY.—To be eligible for a 

8 grant under this section an applicant must be—

9 ‘‘(A) a State; or 

10 ‘‘(B) a region. 

11 ‘‘(3) CONSISTENCY.—Any grant awarded under 

12 this section shall be used to supplement and support, 

13 in a consistent and coordinated manner, activities 

14 described under subsection (f) in accordance with a 

15 homeland security plan specified in the application 

16 for the grant. 

17 ‘‘(d) APPLICATION FOR GRANT.—

18 ‘‘(1) IN GENERAL.—Any State or eligible re19 gional entity may apply for a grant under this sec20 tion by submitting to the Secretary an application at 

21 such time, in such manner, and containing such in22 formation as the Secretary may reasonably require. 

23 ‘‘(2) POINT OF CONTACT.—The Office for State 

24 and Local Government Coordination shall be the sole 
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1 point-of-contact between the Department and appli2 cants for grants under this section. 

3 ‘‘(3) CONTENTS OF APPLICATION.—Each appli4 cation for a grant under this section must include 

5 the following: 

6 ‘‘(A) Details of the purpose for which 

7 grant funds are sought and the reasons why the 

8 applicant needs the grant, including specifica9 tion of what the applicant expects to purchase 

10 or accomplish with the grant funds. 

11 ‘‘(B) Identification of the entity that will 

12 expend the grant funds. 

13 ‘‘(C) A detailed capital budget showing 

14 how the grant funds will be allocated and spent. 

15 ‘‘(D) A statement of whether a mutual aid 

16 agreement applies to the use of the grant funds. 

17 ‘‘(E) A description of the source of the 

18 threat to which the proposed grant relates, in19 cluding the type of attack for which the appli20 cant is preparing for in seeking the grant fund21 ing. 

22 ‘‘(F) A statement of why the proposed use 

23 of funds is not a traditional first responder mis24 sion. 
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1 ‘‘(G) A description of how the applicant in2 tends to meet the matching requirement under 

3 subsection (g)(2), and a statement of whether 

4 the applicant will commit to provide more 

5 matching funds than the amount required 

6 under that subsection. 

7 ‘‘(e) THREAT-BASED EVALUATION OF GRANT APPLI8 CATIONS.—

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

10 through the Under Secretary, shall evaluate and 

11 prioritize applications for grants under this section 

12 based on an objective determination and exhaustive 

13 assessment of the threat to the population or assets 

14 covered by the application. 

15 ‘‘(2) CATEGORIES OF THREATS TO BE CONSID16 ERED.—In evaluating and prioritizing applications 

17 for grants under this section, the Under Secretary 

18 for Information Analysis and Infrastructure Protec19 tion’s risk analysis shall include consideration of 

20 whether and the degree to which threats within the 

21 following categories are applicable at that time to 

22 the State or region for which the application is 

23 made: 
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1 ‘‘(A) Threats to the population of the 

2 State or region, including military and tourist 

3 populations. 

4 ‘‘(B) Threats to specific economic sectors 

5 or private sector facilities. 

6 ‘‘(C) Threats to major communications 

7 nodes, including cyber and telephonic nodes. 

8 ‘‘(D) Threats to specific elements of the 

9 Nation’s food supply. 

10 ‘‘(E) Threats to the water supply. 

11 ‘‘(F) Threats to the energy supply, includ12 ing to electrical, petroleum, and nuclear 

13 sources. 

14 ‘‘(G) Threats to civic infrastructure and 

15 emergency response capabilities, including 

16 threats that would—

17 ‘‘(i) substantially eliminate the gov18 ernment of the State or region; 

19 ‘‘(ii) materially degrade the ability of 

20 first responders serving the State or region 

21 to communicate or to provide assistance 

22 during and in the aftermath of an act of 

23 terrorism, including a chemical, biological, 

24 radiological, or nuclear attack; and 
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1 ‘‘(iii) curtail the availability or effec2 tiveness of emergency medical services, in3 cluding hospital-based services, needed to 

4 serve the population of the State or region 

5 during such a terrorist-induced mass-med6 ical emergency. 

7 ‘‘(H) Threats to specific national monu8 ments or structures of symbolic national impor9 tance, particularly those that routinely attract 

10 large numbers of tourist visitors. 

11 ‘‘(I) Threats to significant concentrations 

12 of natural resources on which major economic 

13 sectors or population centers depend. 

14 ‘‘(J) Threats to major transportation sys15 tems or nodes. 

16 ‘‘(3) SPECIFIC THREATS.—In addition to the 

17 categories of threats under paragraph (2), the 

18 Under Secretary shall consider any other specific 

19 threat to a critical vulnerability that the Depart20 ment’s Directorate of Information Analysis and In21 frastructure Protection has determined exists within 

22 the applicant State or region. 

23 ‘‘(4) IDENTIFICATION OF THREAT REQUIRED.— 

24 The Secretary may not make a grant to an applicant 

25 under this section unless the Under Secretary identi-
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1 fies a specific vulnerability that is subject to a 

2 present or analytically projected threat of an act of 

3 terrorism. 

4 ‘‘(5) PRIORITIZATION.—The Under Secretary 

5 shall prioritize applications according to the most 

6 current analysis by the Department’s Directorate of 

7 Information Analysis and Infrastructure Protection 

8 of the terrorist threat. 

9 ‘‘(A) The Under Secretary shall prioritize 

10 threats listed under paragraph (2) according, 

11 first, to their specificity and tactical immediacy. 

12 ‘‘(B) The Under Secretary shall, next, 

13 prioritize threats according to—

14 ‘‘(i) first, whether they pose a risk of 

15 significant loss of human life; 

16 ‘‘(ii) second, whether they pose a risk 

17 of large-scale denial of the means of 

18 human subsistence, including food or water 

19 supply; and 

20 ‘‘(iii) third, whether they pose a risk 

21 of massive disruption to one or more sec22 tors of the economy of the United States. 

23 ‘‘(f) USE OF FUNDS.—

24 ‘‘(1) IN GENERAL.—Grants under this section 

25 may be used for—
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1 ‘‘(A) the purchase or upgrading of equip2 ment; 

3 ‘‘(B) exercises to strengthen emergency re4 sponse; 

5 ‘‘(C) training in the use of equipment; and 

6 ‘‘(D) training for prevention (including de7 tection) of, preparedness for, or response to at8 tacks involving weapons of mass destruction, re9 gardless of their perpetrators or sponsorship, 

10 including exercises to strengthen emergency 

11 preparedness of State, regional, and local first 

12 responders. 

13 ‘‘(2) PROHIBITED USES.—Grant funds under 

14 this section may not be used to supplant State or 

15 local funds that would, in the absence of Federal 

16 aid, be available for homeland security or other first 

17 responder related projects. 

18 ‘‘(A) CONSTRUCTION.—Grants awarded 

19 under this section may not be used to construct 

20 buildings or other physical facilities, except 

21 those described in section 611 of the Disaster 

22 Relief Act of 1974 (42 U.S.C. 5196), or to ac23 quire land. 

24 ‘‘(B) COST SHARING.—Grant funds pro25 vided under this section shall not be used for 
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1 any State or local government cost sharing con2 tribution request under this section. 

3 ‘‘(3) FLEXIBILITY IN UNSPENT HOMELAND SE4 CURITY GRANT FUNDS.—Upon request by a grantee 

5 under this section, the Secretary may authorize the 

6 grantee to transfer all or part of funds provided as 

7 a grant under this section, from uses specified in the 

8 grant to other uses authorized under this Act, if the 

9 Secretary determines that such transfer is in the in10 terests of homeland security. 

11 ‘‘(g) STATE AND REGIONAL RESPONSIBILITIES.—

12 ‘‘(1) PASS-THROUGH.—The Secretary shall re13 quire a recipient of a grant under this section that 

14 is a State or multi-State entity to provide to local 

15 governments, first responders, and other local 

16 groups, consistent with homeland security plans 

17 specified in the application for the grant, not less 

18 than 80 percent of the grant funds, resources pur19 chased with the grant funds having a value equal to 

20 at least 80 percent of the amount of the grant, or 

21 a combination thereof, by not later than the end of 

22 the 45-day period beginning on the date the grant 

23 recipient receives the grant funds. 

24 ‘‘(2) COST SHARING.—
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1 ‘‘(A) IN GENERAL.—The Federal share of 

2 the costs of an activity carried out with a grant 

3 to a State or region under this section shall not 

4 exceed 75 percent. 

5 ‘‘(B) EFFECTIVE DATE.—The matching 

6 requirement under subparagraph (A) shall take 

7 effect 2 years after the date of enactment of 

8 this Act. 

9 ‘‘(3) REPORT ON HOMELAND SECURITY SPEND10 ING.—Each recipient of a grant under this section 

11 shall annually submit a report to the Secretary that 

12 contains the following information: 

13 ‘‘(A) The amount and the dates of receipt 

14 of all grant funds received. 

15 ‘‘(B) The amount and the dates of dis16 bursements of all funds expended in compliance 

17 with subsection (g)(1) or pursuant to mutual 

18 aid agreements or other sharing arrangements 

19 that apply within a region. 

20 ‘‘(C) How the funds were utilized by each 

21 ultimate recipient or beneficiary. 

22 ‘‘(h) INCENTIVES TO EFFICIENT ADMINISTRATION

23 OF HOMELAND SECURITY GRANTS.—

24 ‘‘(1) PENALTIES FOR FAILURE TO PROVIDE

25 LOCAL SHARE.—If a grant recipient under this sec-
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1 tion that is a State or multi-State entity fails to pro2 vide to local governments, first responders, and 

3 other local groups funds or resources as required by 

4 subsection (g)(1) within 45 days after receiving 

5 grant funds under this section, the Secretary may—

6 ‘‘(A) reduce grant payments to the grant 

7 recipient from the portion of grant funds that 

8 is not required to be provided under subsection 

9 (g)(1); 

10 ‘‘(B) terminate payment of grant funds 

11 under this section to the recipient, and transfer 

12 the appropriate portion of those funds directly 

13 to local first responders that were intended to 

14 receive funding under that grant; or 

15 ‘‘(C) impose additional restrictions or bur16 dens on the recipient’s use of grant funds under 

17 this section, which may include—

18 ‘‘(i) prohibiting use of such funds to 

19 pay the grant recipient’s grant-related 

20 overtime or other expenses; 

21 ‘‘(ii) requiring the grant recipient to 

22 distribute to local government beneficiaries 

23 all or a portion of grant funds that are not 

24 required to be provided under subsection 

25 (g)(1); or 
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1 ‘‘(iii) for each day that the grant re2 cipient fails to provide funds or resources 

3 in accordance with subsection (g)(1), re4 ducing grant payments to the grant recipi5 ent from the portion of grant funds that 

6 is not required to be provided under sub7 section (g)(1), except that the total amount 

8 of such reduction may not exceed 20 per9 cent of the total amount of the grant. 

10 ‘‘(2) PROVISION OF NON-LOCAL SHARE TO

11 LOCAL GOVERNMENT.—(A) The Secretary, acting 

12 through the Office for State and Local Government 

13 Coordination, may upon request by a local govern14 ment pay to the local government a portion of the 

15 amount of a grant to a State or multi-State entity 

16 in the jurisdiction of which the local government is 

17 located, if—

18 ‘‘(i) the local government will use the 

19 amount paid to expedite planned enhancements 

20 to its homeland security-related readiness; and 

21 ‘‘(ii) the State or multi-State entity has 

22 failed to provide funds or resources in accord23 ance with subsection (g)(1). 

24 ‘‘(B) To receive a payment under this para25 graph, a local government must demonstrate that—
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1 ‘‘(i) it is identified explicitly as an ultimate 

2 recipient or intended beneficiary in the ap3 proved grant application submitted by the 

4 grantee; 

5 ‘‘(ii) it was intended by the grantee to re6 ceive a severable portion of the overall grant for 

7 a specific purpose that is identified in the grant 

8 application; 

9 ‘‘(iii) it petitioned the grantee for the 

10 funds or resources after expiration of the period 

11 within which the funds or resources were re12 quired to be provided under subsection (g)(1); 

13 and 

14 ‘‘(iv) it did not receive the portion of the 

15 overall grant that was earmarked or designated 

16 for its use or benefit. 

17 ‘‘(C) To obtain a payment under this para18 graph, a local government must provide a copy of 

19 the original application. 

20 ‘‘(D) Payment of grant funds to a local govern21 ment under this paragraph—

22 ‘‘(i) shall not affect any payment to an23 other local government under this paragraph; 

24 and 
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1 ‘‘(ii) shall not prejudice consideration of a 

2 request for payment under this paragraph that 

3 is submitted by another local government. 

4 ‘‘(E) The Office for State and Local Govern5 ment Coordination shall approve or disapprove each 

6 request for payment under this paragraph by not 

7 later than 15 days after the date the request is re8 ceived by the Office. 

9 ‘‘(i) REPORTS REGARDING DISTRIBUTION OF GRANT

10 FUNDS TO LOCAL GOVERNMENTS.—The recipient of a 

11 grant under this section shall report to the Secretary, by 

12 not later than 30 days after the expiration of the period 

13 described in subsection (g)(1) with respect to the grant, 

14 regarding the speed of distribution of grant funds and re15 sources to local governments, first responders, and other 

16 local groups pursuant to subsection (g)(1). 

17 ‘‘(j) REPORTS TO CONGRESS.—The Secretary shall 

18 submit an annual report to the Select Committee on 

19 Homeland Security of the House of Representatives and 

20 the Committee on Governmental Affairs of the Senate—

21 ‘‘(1) describing in detail the amount of Federal 

22 funds provided as grants under this section that 

23 were directed to each State and region; and 

24 ‘‘(2) containing information on the use of such 

25 grant funds by grantees. 
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1 ‘‘(k) DEFINITIONS.—For purposes of this section: 

2 ‘‘(1) FIRST RESPONDER.—The term ‘first re3 sponder’ means—

4 ‘‘(A) fire, emergency medical service, and 

5 law enforcement personnel; and 

6 ‘‘(B) such other personnel as are identified 

7 by the Secretary. 

8 ‘‘(2) HOMELAND SECURITY PLAN.—The term 

9 ‘homeland security plan’ means a 3-year plan devel10 oped by a State to—

11 ‘‘(A) assess a State’s risks, threats, and 

12 vulnerabilities to acts of terrorism; 

13 ‘‘(B) determine a State’s capabilities to re14 spond to acts of terrorism; and 

15 ‘‘(C) set priorities for the allocation of 

16 grant funds received under this section. 

17 ‘‘(3) UNDER SECRETARY.—The term ‘Under 

18 Secretary’ means the Under Secretary for Informa19 tion Analysis and Infrastructure Protection. 

20 ‘‘(4) REGION.—The term ‘region’ means a 

21 multi-State or intra-State entity, established by law 

22 or by agreement of two or more governments or gov23 ernmental agencies in a mutual aid agreement.’’. 

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

25 in section 1(b) of the Homeland Security Act of 2002 (6 
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1 U.S.C. 101 et seq.) is amended by inserting at the end 

2 of the items relating to subtitle A of title VIII the fol3 lowing:

‘‘Sec. 802. Faster and smarter funding for first responders.’’.

4 SEC. 4. ADVISORY COUNCIL ON FIRST RESPONDERS. 

5 (a) IN GENERAL.—Subtitle A of title VIII of the 

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

7 U.S.C. 361 et seq.) is further amended by adding at the 

8 end the following: 

9 ‘‘SEC. 803. ADVISORY COUNCIL ON FIRST RESPONDERS. 

10 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab11 lish the Advisory Council on First Responders, which shall 

12 report to the Secretary through the head of the Office of 

13 State and Local Government Coordination (in this section 

14 referred to as the ‘Advisory Council’). 

15 ‘‘(b) FUNCTIONS.—The Advisory Council shall—

16 ‘‘(1) advise the Secretary as to whether there is 

17 a need for a Federal standard with respect to any 

18 particular first responder equipment or training; and 

19 ‘‘(2) have such additional responsibilities as the 

20 Secretary may assign in furtherance of the Depart21 ment’s homeland security mission with respect to en22 hancing the capabilities of State and local first re23 sponders. 

24 ‘‘(c) MEMBERSHIP.—
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1 ‘‘(1) IN GENERAL.—The Advisory Council shall 

2 consist of members appointed by the Secretary and 

3 shall—

4 ‘‘(A) represent a cross section of first re5 sponder disciplines; and 

6 ‘‘(B) include both State and local rep7 resentatives within each discipline. 

8 ‘‘(2) SELECTION OF MEMBERS.—The Sec9 retary—

10 ‘‘(A) shall include in the membership of 

11 the Advisory Council—

12 ‘‘(i) members selected from traditional 

13 first responder fields, including fire14 fighters, police, and emergency manage15 ment personnel; 

16 ‘‘(ii) experts representing hospitals 

17 (including emergency and inpatient med18 ical service providers), the public health 

19 profession, and public works; and 

20 ‘‘(B) may include in the membership of the 

21 Advisory Council, at the Secretary’s discretion, 

22 elected State and local officials with demon23 strable expertise in homeland security-related 

24 matters. 
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1 ‘‘(d) MEETINGS.—The Advisory Council shall meet 

2 not less than quarterly.’’. 

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

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

5 U.S.C. 101 et seq.) is further amended by inserting at 

6 the end of the items relating to subtitle A of title VIII 

7 the following:

‘‘Sec. 803. Advisory Council on First Responders.’’.

8 SEC. 5. MODIFICATION OF HOMELAND SECURITY ADVI9 SORY SYSTEM. 

10 (a) IN GENERAL.—Subtitle A of title II of the Home11 land Security Act of 2002 (Public Law 107–296; 6 U.S.C. 

12 121 et seq.) is amended by adding at the end the fol13 lowing: 

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

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

16 Homeland Security Advisory System referred to in section 

17 201(d)(7) to require that any designation of a threat level 

18 or other warning shall be accompanied by a designation 

19 of the geographic regions and economic sectors to which 

20 the designation applies. 

21 ‘‘(b) REPORTS.—The Secretary shall report annually 

22 to the Congress regarding the geographic region-specific 

23 and economic sector-specific warnings issued in the pre24 ceding year under the Homeland Security Advisory Sys25 tem referred to in section 201(d)(7), and the bases for 
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1 such warnings. This report shall be submitted in unclassi2 fied form and may, as necessary, include a classified 

3 annex.’’. 

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

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

6 U.S.C. 101 et seq.) is amended by inserting at the end 

7 of the items relating to subtitle A of title II the following:

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

8 SEC. 6. INFORMATION SHARING WITH STATE AND LOCAL 

9 GOVERNMENTS. 

10 (a) IN GENERAL.—Subtitle I of title VIII of the 

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

12 U.S.C. 361 et seq.) is further amended by adding at the 

13 end the following: 

14 ‘‘SEC. 893. REPORTS ON INFORMATION SHARING WITH 

15 STATE AND LOCAL GOVERNMENTS. 

16 ‘‘(a) IN GENERAL.—The Secretary shall report to the 

17 Congress annually on the following: 

18 ‘‘(1) The number and level of security clear19 ances granted by Federal agencies to State and local 

20 government officials. 

21 ‘‘(2) The number of State and local government 

22 officials who have sought to be cleared by Federal 

23 agencies for such access. 

24 ‘‘(3) The number of instances in which State 

25 and local government officials were granted by Fed-
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1 eral agencies situational access to classified informa2 tion based only on signing a Federal non-disclosure 

3 form. 

4 ‘‘(4) The fastest, slowest, and average times it 

5 took to make security clearance determinations for 

6 State and local government officials. 

7 ‘‘(5) Any instance in which access to classified 

8 information was denied to State or local government 

9 officials whose employing governments had sought 

10 such access for them and the reasons therefor. 

11 ‘‘(6) All entities that conduct clearance proc12 essing for the Department, including private con13 tractors.’’. 

14 (b) FIRST REPORT.—The Secretary of Homeland Se15 curity shall submit the first report under the amendment 

16 made by subsection (a) by not later than 6 months after 

17 the date of the enactment of this Act. 

18 (c) CLERICAL AMENDMENT.—The table of contents 

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

20 U.S.C. 101 et seq.) is further amended by inserting at 

21 the end of the items relating to subtitle A of title VIII 

22 the following:

‘‘Sec. 893. Reports on information sharing with state and local governments.’’.
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1 SEC. 7. SPECTRUM FOR FIRST RESPONDER COMMUNICA2 TIONS. 

3 (a) IN GENERAL.—The Under Secretary for Science 

4 and Technology of the Department of Homeland Security 

5 shall conduct a study of whether there is a need to assign 

6 additional bands of frequencies of electromagnetic spec7 trum to assist and enable State and local first responders 

8 in meeting their needs associated with a catastrophic re9 gional or national emergency. 

10 (b) REPORT.—The Under Secretary shall submit a 

11 report on the findings of the study to the Congress by 

12 not later than 180 days after the date of the enactment 

13 of this Act. 

14 SEC. 8. PROTECTION OF UASI FUNDING; CAP ON ELIGIBLE 

15 ENTITIES.

Æ