‘‘(E) LIMITATION ON THE NUMBER OF DI-
RECT GRANTS.—The Secretary may make cov-
ered grants directly to not more than 20 directly 
eligible tribes per fiscal year. 
‘‘(F) 
TRIBES
NOT
RECEIVING
DIRECT 
GRANTS.—An Indian tribe that does not receive 
a grant directly under this section is eligible to 
receive funds under a covered grant from the 
State or States within the boundaries of which 
any part of such tribe is located, consistent with 
the homeland security plan of the State as de-
scribed in subsection (c). If a State fails to com-
ply with section 1806(g)(1), the tribe may re-
quest payment under section 1806(h)(3) in the 
same manner as a local government. 
‘‘(7) EQUIPMENT STANDARDS.—If an applicant 
for a covered grant proposes to upgrade or purchase, 
with assistance provided under the grant, new equip-
ment or systems that do not meet or exceed any appli-
cable national voluntary consensus standards estab-
lished by the Secretary, the applicant shall include in 
the application an explanation of why such equip-
ment or systems will serve the needs of the applicant 
better than equipment or systems that meet or exceed 
such standards.
‘‘SEC. 1804. RISK-BASED EVALUATION AND PRIORITIZATION. 
‘‘(a) FIRST RESPONDER GRANTS BOARD.— 
‘‘(1) ESTABLISHMENT
OF
BOARD.—The Sec-
retary 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; 
‘‘(F) the Director of the Office for Domestic 
Preparedness; and 
‘‘(G) the Administrator of the United States 
Fire Administration. 
‘‘(2) CHAIRMAN.— 
‘‘(A) IN GENERAL.—The Secretary shall be 
the Chairman of the Board. 
‘‘(B) EXERCISE OF AUTHORITIES BY DEP-
UTY
SECRETARY.—The Deputy Secretary of 
Homeland Security may exercise the authorities 
of the Chairman, if the Secretary so directs.
‘‘(b) FUNCTIONS
OF
UNDER
SECRETARIES.—The 
Under Secretaries referred to in subsection (a)(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. 
‘‘(c) PRIORITIZATION OF GRANT APPLICATIONS.— 
‘‘(1) FACTORS TO BE CONSIDERED.—The Board 
shall evaluate and annually prioritize all pending ap-
plications for covered grants based upon the degree to 
which they would, by achieving, maintaining, or en-
hancing the essential capabilities of the applicants on 
a nationwide basis, lessen the threat to, vulnerability 
of, and consequences for persons (including transient 
commuting and tourist populations) and critical in-
frastructure. Such evaluation and prioritization shall 
be based upon the most current risk assessment avail-
able by the Directorate for Information Analysis and 
Infrastructure Protection of the threats of terrorism 
against the United States. 
‘‘(2) CRITICAL INFRASTRUCTURE SECTORS.—The 
Board specifically shall consider threats of terrorism 
against the following critical infrastructure sectors in 
all areas of the United States, urban and rural: 
‘‘(A) Agriculture and food. 
‘‘(B) Banking and finance.
‘‘(C) Chemical industries. 
‘‘(D) The defense industrial base. 
‘‘(E) Emergency services. 
‘‘(F) Energy. 
‘‘(G) Government facilities. 
‘‘(H) Postal and shipping. 
‘‘(I) Public health and health care. 
‘‘(J) Information technology. 
‘‘(K) Telecommunications. 
‘‘(L) Transportation systems. 
‘‘(M) Water. 
‘‘(N) Dams. 
‘‘(O) Commercial facilities. 
‘‘(P) National monuments and icons. 
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 impor-
tance of such sectors. 
‘‘(3) TYPES OF THREAT.—The Board specifically 
shall consider the following types of threat to the crit-
ical infrastructure sectors described in paragraph (2), 
and to populations in all areas of the United States, 
urban and rural: 
‘‘(A) Biological threats. 
‘‘(B) Nuclear threats.
‘‘(C) Radiological threats. 
‘‘(D) Incendiary threats. 
‘‘(E) Chemical threats. 
‘‘(F) Explosives. 
‘‘(G) Suicide bombers. 
‘‘(H) Cyber threats. 
‘‘(I) Any other threats based on proximity 
to specific past acts of terrorism or the known 
activity of any terrorist group. 
The order in which the types of threat are listed in 
this paragraph shall not be construed as an order of 
priority for consideration of the importance of such 
threats. 
‘‘(4) 
CONSIDERATION
OF
ADDITIONAL
FAC-
TORS.—The Board shall take into account any other 
specific threat to a population (including a transient 
commuting or tourist population) or critical infra-
structure sector that the Board has determined to 
exist. In evaluating the threat to a population or crit-
ical infrastructure sector, the Board shall give greater 
weight to threats of terrorism based upon their speci-
ficity and credibility, including any pattern of repeti-
tion.
‘‘(5) MINIMUM AMOUNTS.—After evaluating and 
prioritizing grant applications under paragraph (1), 
the Board shall ensure that, for each fiscal year— 
‘‘(A) each of the States, other than the Vir-
gin Islands, American Samoa, Guam, and the 
Northern Mariana Islands, that has an approved 
State homeland security plan receives no less 
than 0.25 percent of the funds available for cov-
ered grants for that fiscal year for purposes of 
implementing its homeland security plan in ac-
cordance with the prioritization of needs under 
section 1803(c)(1)(D); 
‘‘(B) each of the States, other than the Vir-
gin Islands, American Samoa, Guam, and the 
Northern Mariana Islands, that has an approved 
State homeland security plan and that meets one 
or both of the additional high-risk qualifying cri-
teria under paragraph (6) receives no less than 
0.45 percent of the funds available for covered 
grants for that fiscal year for purposes of imple-
menting its homeland security plan in accord-
ance with the prioritization of needs under sec-
tion 1803(c)(1)(D); 
‘‘(C) the Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands each
receives no less than 0.08 percent of the funds 
available for covered grants for that fiscal year 
for purposes of implementing its approved State 
homeland security plan in accordance with the 
prioritization 
of 
needs 
under 
section 
1803(c)(1)(D); and 
‘‘(D) directly eligible tribes collectively re-
ceive no less than 0.08 percent of the funds avail-
able for covered grants for such fiscal year for 
purposes of addressing the needs identified in the 
applications of such tribes, consistent with the 
homeland security plan of each State within the 
boundaries of which any part of any such tribe 
is located, except that this clause shall not apply 
with respect to funds available for a fiscal year 
if the Secretary receives less than 5 applications 
for such fiscal year from such tribes under sec-
tion 1803(e)(6)(A) or does not approve at least 
one such application. 
‘‘(6) ADDITIONAL
HIGH-RISK
QUALIFYING
CRI-
TERIA.—For purposes of paragraph (5)(B), addi-
tional high-risk qualifying criteria consist of— 
‘‘(A) having a significant international 
land border; or
‘‘(B) adjoining a body of water within 
North America through which an international 
boundary line extends. 
‘‘(d) EFFECT OF REGIONAL AWARDS ON STATE MIN-
IMUM.—Any regional award, or portion thereof, provided 
to a State under section 1803(e)(5)(C) shall not be consid-
ered in calculating the minimum State award under sub-
section (c)(5) of this section. 
‘‘SEC. 1805. TASK FORCE ON TERRORISM PREPAREDNESS 
FOR FIRST RESPONDERS. 
‘‘(a) ESTABLISHMENT.—To assist the Secretary in up-
dating, revising, or replacing essential capabilities for ter-
rorism preparedness, the Secretary shall establish an advi-
sory body pursuant to section 871(a) not later than 60 days 
after the date of the enactment of this section, which shall 
be known as the Task Force on Terrorism Preparedness for 
First Responders. 
‘‘(b) UPDATE, REVISE, OR REPLACE.—The Secretary 
shall regularly update, revise, or replace the essential capa-
bilities for terrorism preparedness as necessary, but not less 
than every 3 years. 
‘‘(c) REPORT.— 
‘‘(1) IN GENERAL.—The Task Force shall submit 
to the Secretary, by not later than 12 months after 
its establishment by the Secretary under subsection
(a) and not later than every 2 years thereafter, a re-
port on its recommendations for essential capabilities 
for terrorism preparedness. 
‘‘(2) CONTENTS.—Each 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 deter-
mine the extent to which it possesses or has ac-
cess 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 con-
sensus standards, with respect to first responder 
training and equipment; 
‘‘(D) include such additional matters as the 
Secretary may specify in order to further the ter-
rorism preparedness capabilities of first respond-
ers; and
‘‘(E) include such revisions to the contents 
of previous reports as are necessary to take into 
account changes in the most current risk assess-
ment available by the Directorate for Informa-
tion Analysis and Infrastructure Protection or 
other relevant information as determined by the 
Secretary. 
‘‘(3) CONSISTENCY
WITH
FEDERAL
WORKING 
GROUP.—The Task Force shall ensure that its rec-
ommendations for essential capabilities for terrorism 
preparedness are, to the extent feasible, consistent 
with any preparedness goals or recommendations of 
the Federal working group established under section 
319F(a) of the Public Health Service Act (42 U.S.C. 
247d–6(a)). 
‘‘(4) COMPREHENSIVENESS.—The Task Force 
shall ensure that its recommendations regarding es-
sential capabilities for terrorism preparedness are 
made within the context of a comprehensive State 
emergency management system. 
‘‘(5) PRIOR MEASURES.—The Task Force shall 
ensure that its recommendations regarding essential 
capabilities for terrorism preparedness take into ac-
count any capabilities that State or local officials 
have determined to be essential and have undertaken
since September 11, 2001, to prevent, prepare for, re-
spond to, or recover from terrorist attacks. 
‘‘(d) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Task Force shall consist 
of 25 members appointed by the Secretary, and shall, 
to the extent practicable, represent a geographic (in-
cluding urban and rural) and substantive cross sec-
tion of governmental and nongovernmental first re-
sponder disciplines from the State and local levels, in-
cluding as appropriate— 
‘‘(A) members selected from the emergency 
response field, including fire service and law en-
forcement, hazardous materials response, emer-
gency medical services, and emergency manage-
ment personnel (including public works per-
sonnel routinely engaged in emergency response); 
‘‘(B) health scientists, emergency and inpa-
tient medical providers, and public health profes-
sionals, including experts in emergency health 
care response to chemical, biological, radio-
logical, 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 rep-
resentation from the voluntary consensus codes 
and standards development community, particu-
larly those with expertise in first responder dis-
ciplines; and 
‘‘(D) State and local officials with expertise 
in terrorism preparedness, subject to the condi-
tion that if any such official is an elected official 
representing one of the two major political par-
ties, an equal number of elected officials shall be 
selected from each such party. 
‘‘(2) COORDINATION WITH THE DEPARTMENT OF 
HEALTH AND HEALTH SERVICES.—In the selection of 
members of the Task Force who are health profes-
sionals, including emergency medical professionals, 
the Secretary shall coordinate such selection with the 
Secretary of Health and Human Services. 
‘‘(3) EX OFFICIO MEMBERS.—The Secretary and 
the Secretary of Health and Human Services shall 
each designate one or more officers of their respective 
Departments to serve as ex officio members of the 
Task Force. One of the ex officio members from the 
Department of Homeland Security shall be the des-
ignated officer of the Federal Government for pur-
poses of subsection (e) of section 10 of the Federal Ad-
visory Committee Act (5 App. U.S.C.). 
‘‘(e) APPLICABILITY
OF FEDERAL ADVISORY COM-
MITTEE ACT.—Notwithstanding section 871(a), the Federal 
Advisory Committee Act (5 App. U.S.C.), including sub-
sections (a), (b), and (d) of section 10 of such Act, and sec-
tion 552b(c) of title 5, United States Code, shall apply to 
the Task Force. 
‘‘SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIRE-
MENTS. 
‘‘(a) IN GENERAL.—A covered grant may be used for— 
‘‘(1) purchasing or upgrading equipment, in-
cluding computer software, to enhance terrorism pre-
paredness; 
‘‘(2) exercises to strengthen terrorism prepared-
ness; 
‘‘(3) training for prevention (including detec-
tion) of, preparedness for, response to, or recovery 
from attacks involving weapons of mass destruction, 
including training in the use of equipment and com-
puter software; 
‘‘(4) developing or updating State homeland se-
curity plans, risk assessments, mutual aid agree-
ments, and emergency management plans to enhance 
terrorism preparedness;
‘‘(5) establishing or enhancing mechanisms for 
sharing terrorism threat information; 
‘‘(6) systems architecture and engineering, pro-
gram planning and management, strategy formula-
tion and strategic planning, life-cycle systems design, 
product and technology evaluation, and prototype de-
velopment for terrorism preparedness purposes; 
‘‘(7) additional personnel costs resulting from— 
‘‘(A) elevations in the threat alert level of 
the Homeland Security Advisory System by the 
Secretary, or a similar elevation in threat alert 
level issued by a State, region, or local govern-
ment with the approval of the Secretary; 
‘‘(B) travel to and participation in exercises 
and training in the use of equipment and on 
prevention activities; and 
‘‘(C) the temporary replacement of per-
sonnel during any period of travel to and par-
ticipation 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 classi-
fied information; 
‘‘(9) protecting critical infrastructure against 
potential attack by the addition of barriers, fences,
gates, and other such devices, except that the cost of 
such measures may not exceed the greater of— 
‘‘(A) $1,000,000 per project; or 
‘‘(B) such greater amount as may be ap-
proved by the Secretary, which may not exceed 
10 percent of the total amount of the covered 
grant; 
‘‘(10) the costs of commercially available inter-
operable communications equipment (which, where 
applicable, is based on national, voluntary consensus 
standards) that the Secretary, in consultation with 
the Chairman of the Federal Communications Com-
mission, deems best suited to facilitate interoper-
ability, coordination, and integration between and 
among emergency communications systems, and that 
complies with prevailing grant guidance of the De-
partment for interoperable communications; 
‘‘(11) educational curricula development for first 
responders to ensure that they are prepared for ter-
rorist attacks; 
‘‘(12) training and exercises to assist public ele-
mentary and secondary schools in developing and im-
plementing programs to instruct students regarding 
age-appropriate skills to prevent, prepare for, respond
to, mitigate against, or recover from an act of ter-
rorism; 
‘‘(13) paying of administrative expenses directly 
related to administration of the grant, except that 
such expenses may not exceed 3 percent of the amount 
of the grant; 
‘‘(14) paying for the conduct of any activity per-
mitted under the Law Enforcement Terrorism Preven-
tion Program, or any such successor to such program; 
and 
‘‘(15) other appropriate activities as determined 
by the Secretary. 
‘‘(b) PROHIBITED USES.—Funds provided as a cov-
ered grant may not be used— 
‘‘(1) to supplant State or local funds; 
‘‘(2) to construct buildings or other physical fa-
cilities; 
‘‘(3) to acquire land; or 
‘‘(4) for any State or local government cost shar-
ing contribution. 
‘‘(c) MULTIPLE-PURPOSE FUNDS.—Nothing in this 
section shall be construed to preclude State and local gov-
ernments from using covered grant funds in a manner that 
also enhances first responder preparedness for emergencies 
and disasters unrelated to acts of terrorism, if such use as-
sists such governments in achieving essential capabilities 
for terrorism preparedness established by the Secretary. 
‘‘(d) REIMBURSEMENT OF COSTS.—In addition to the 
activities described in subsection (a), a covered grant may 
be used to provide a reasonable stipend to paid-on-call or 
volunteer first responders who are not otherwise com-
pensated for travel to or participation in training covered 
by this section. Any such reimbursement shall not be consid-
ered compensation for purposes of rendering such a first 
responder an employee under the Fair Labor Standards Act 
of 1938 (29 U.S.C. 201 et seq.). 
‘‘(e) ASSISTANCE REQUIREMENT.—The Secretary may 
not require 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. 
‘‘(f) 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.
‘‘(g) STATE, REGIONAL, AND TRIBAL RESPONSIBIL-
ITIES.— 
‘‘(1) PASS-THROUGH.—The Secretary shall re-
quire a recipient of a covered grant that is a State 
to obligate or otherwise make available to local gov-
ernments, 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, re-
sources 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 cov-
ered grant to a State, region, or directly eligible 
tribe awarded after the 2-year period beginning 
on the date of the enactment of this section shall 
not exceed 75 percent. 
‘‘(B) INTERIM RULE.—The Federal share of 
the costs of an activity carried out with a cov-
ered 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 require-
ment 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 mainte-
nance, 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 expira-
tion of the period described in paragraph (1) with re-
spect 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) QUARTERLY REPORT ON HOMELAND SECU-
RITY
SPENDING.—The Federal share described in 
paragraph (2)(A) may be increased by up to 2 per-
cent for any State, region, or directly eligible tribe 
that, not later than 30 days after the end of each fis-
cal quarter, submits to the Secretary a report on that 
fiscal quarter. Each such report must include, for 
each recipient of a covered grant or a pass-through 
under paragraph (1)— 
‘‘(A) the amount obligated to that recipient 
in that quarter; 
‘‘(B) the amount expended by that recipient 
in that quarter; and 
‘‘(C) a summary description of the items 
purchased by such recipient with such amount. 
‘‘(5) ANNUAL REPORT ON HOMELAND SECURITY 
SPENDING.—Each recipient of a covered grant shall 
submit an annual report to the Secretary not later 
than 60 days after the end of each Federal 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 re-
cipient of a covered grant that is a directly eligible 
tribe must simultaneously submit its report to each 
State within the boundaries of which any part of such 
tribe is located. Each report must include the fol-
lowing: 
‘‘(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 disburse-
ments of all such funds expended in compliance 
with paragraph (1) or pursuant to mutual aid 
agreements or other sharing arrangements that 
apply within the State, region, or directly eligi-
ble tribe, as applicable, during the previous fiscal 
year. 
‘‘(C) How the funds were utilized by each 
ultimate recipient or beneficiary during the pre-
ceding fiscal year. 
‘‘(D) The extent to which essential capabili-
ties identified in the applicable State homeland 
security plan or plans were achieved, main-
tained, or enhanced as the result of the expendi-
ture of grant funds during the preceding fiscal 
year. 
‘‘(E) The extent to which essential capabili-
ties identified in the applicable State homeland 
security plan or plans remain unmet. 
‘‘(6) INCLUSION OF RESTRICTED ANNEXES.—A 
recipient of a covered grant may submit to the Sec-
retary an annex to the annual report under para-
graph (5) that is subject to appropriate handling re-
strictions, if the recipient believes that discussion in
the report of unmet needs would reveal sensitive but 
unclassified information. 
‘‘(7) PROVISION
OF
REPORTS.—The Secretary 
shall ensure that each annual report under paragraph 
(5) is provided to the Under Secretary for Emergency 
Preparedness and Response and the Director of the 
Office for Domestic Preparedness. 
‘‘(h) 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 (g)(1) with-
in 45 days after receiving funds under the grant, the 
Secretary may— 
‘‘(A) reduce grant payments to the grant re-
cipient from the portion of grant funds that is 
not required to be passed through under sub-
section (g)(1); 
‘‘(B) terminate payment of funds under the 
grant to the recipient, and transfer the appro-
priate portion of those funds directly to local 
first responders that were intended to receive 
funding under that grant; or
‘‘(C) impose additional restrictions or bur-
dens 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 over-
time 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 sub-
section (g)(1); or 
‘‘(iii) for each day that the grant re-
cipient fails to pass through funds or re-
sources 
in 
accordance 
with 
subsection 
(g)(1), reducing grant payments to the 
grant recipient from the portion of grant 
funds that is not required to be passed 
through under subsection (g)(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 ex-
tend the 45-day period under section 1803(e)(5)(E) or 
paragraph (1) for an additional 15-day period. The
Secretary may approve such a request, and may ex-
tend such period for additional 15-day periods, if the 
Secretary determines that the resulting delay in pro-
viding grant funding to the local government entities 
that will receive funding under the grant will not 
have a significant detrimental impact on such enti-
ties’ 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 enhance-
ments to its terrorism preparedness as de-
scribed in any applicable State homeland 
security plan or plans; 
‘‘(ii) the State has failed to pass 
through funds or resources in accordance 
with subsection (g)(1); and 
‘‘(iii) the local government complies 
with subparagraphs (B) and (C).
‘‘(B) SHOWING
REQUIRED.—To receive a 
payment under this paragraph, a local govern-
ment must demonstrate that— 
‘‘(i) it is identified explicitly as an ul-
timate 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 identi-
fied in the grant application; 
‘‘(iii) it petitioned the grantee for the 
funds or resources after expiration of the pe-
riod within which the funds or resources 
were required to be passed through under 
subsection (g)(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 para-
graph; and
‘‘(ii) shall not prejudice consideration 
of a request for payment under this para-
graph that is submitted by another local 
government. 
‘‘(D) DEADLINE
FOR
ACTION
BY
SEC-
RETARY.—The Secretary shall approve or dis-
approve each request for payment under this 
paragraph by not later than 15 days after the 
date the request is received by the Department. 
‘‘(i) REPORTS TO CONGRESS.—The Secretary shall 
submit an annual report to the Congress by January 31 
of each year covering the preceding fiscal year— 
‘‘(1) describing in detail the amount of Federal 
funds provided as covered grants that were directed to 
each State, region, and directly eligible tribe in the 
preceding fiscal year; 
‘‘(2) containing information on the use of such 
grant funds by grantees; and 
‘‘(3) describing— 
‘‘(A) the Nation’s progress in achieving, 
maintaining, and enhancing the essential capa-
bilities established by the Secretary as a result of 
the expenditure of covered grant funds during the 
preceding fiscal year; and
‘‘(B) an estimate of the amount of expendi-
tures required to attain across the United States 
the essential capabilities established by the Sec-
retary. 
‘‘SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER 
EQUIPMENT AND TRAINING. 
‘‘(a) EQUIPMENT STANDARDS.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Under Secretaries for Emergency Pre-
paredness and Response and Science and Technology 
and the Director of the Office for Domestic Prepared-
ness, shall, not later than 6 months after the date of 
enactment of this section, support the development of, 
promulgate, and update as necessary national vol-
untary consensus standards for the performance, use, 
and validation of first responder equipment for pur-
poses of section 1805(e)(7). Such standards— 
‘‘(A) shall be, to the maximum extent prac-
ticable, consistent with any existing voluntary 
consensus standards; 
‘‘(B) shall take into account, as appro-
priate, new types of terrorism threats that may 
not have been contemplated when such existing 
standards were developed;
‘‘(C) shall be focused on maximizing inter-
operability, interchangeability, durability, flexi-
bility, efficiency, efficacy, portability, sustain-
ability, and safety; and 
‘‘(D) shall cover all appropriate uses of the 
equipment. 
‘‘(2) REQUIRED CATEGORIES.—In carrying out 
paragraph (1), the Secretary shall specifically con-
sider the following categories of first responder equip-
ment: 
‘‘(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, includ-
ing garments, boots, gloves, and hoods and other 
protective clothing. 
‘‘(G) Respiratory protection equipment.
‘‘(H) Interoperable communications, includ-
ing wireless and wireline voice, video, and data 
networks. 
‘‘(I) Explosive mitigation devices and explo-
sive 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 consulta-
tion with the Under Secretaries for Emergency Pre-
paredness and Response and Science and Technology 
and the Director of the Office for Domestic Prepared-
ness, shall support the development of, promulgate, 
and regularly update as necessary national voluntary 
consensus standards for first responder training car-
ried out with amounts provided under covered grant 
programs, that will enable State and local govern-
ment first responders to achieve optimal levels of ter-
rorism preparedness as quickly as practicable. Such 
standards shall give priority to providing training 
to—
‘‘(A) enable first responders to prevent, pre-
pare for, respond to, mitigate against, and re-
cover from terrorist threats, including threats 
from chemical, biological, nuclear, and radio-
logical weapons and explosive devices capable of 
inflicting significant human casualties; and 
‘‘(B) familiarize first responders with the 
proper use of equipment, including software, de-
veloped 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, radio-
logical, and chemical weapons of mass destruc-
tion. 
‘‘(F) Such other activities for which the Sec-
retary determines that national voluntary con-
sensus training standards would be appropriate.
‘‘(3) CONSISTENCY.—In carrying out this sub-
section, the Secretary shall ensure that such training 
standards are consistent with the principles of emer-
gency preparedness for all hazards. 
‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA-
TIONS.—In establishing national voluntary consensus 
standards for first responder equipment and training under 
this section, the Secretary shall consult with relevant public 
and private sector groups, including— 
‘‘(1) the National Institute of Standards and 
Technology; 
‘‘(2) the National Fire Protection Association; 
‘‘(3) the National Association of County and 
City Health Officials; 
‘‘(4) the Association of State and Territorial 
Health Officials; 
‘‘(5) the American National Standards Institute; 
‘‘(6) the National Institute of Justice; 
‘‘(7) the Inter-Agency Board for Equipment 
Standardization and Interoperability; 
‘‘(8) the National Public Health Performance 
Standards Program; 
‘‘(9) the National Institute for Occupational 
Safety and Health; 
‘‘(10) ASTM International;
‘‘(11) the International Safety Equipment Asso-
ciation; 
‘‘(12) the Emergency Management Accreditation 
Program; and 
‘‘(13) to the extent the Secretary considers ap-
propriate, other national voluntary consensus stand-
ards development organizations, other interested Fed-
eral, State, and local agencies, and other interested 
persons. 
‘‘(d) COORDINATION WITH SECRETARY OF HHS.—In 
establishing any national voluntary consensus standards 
under this section for first responder equipment or training 
that involve or relate to health professionals, including 
emergency medical professionals, the Secretary shall coordi-
nate activities under this section with the Secretary of 
Health and Human Services.’’. 
(b) DEFINITION
OF EMERGENCY RESPONSE PRO-
VIDERS.—Paragraph (6) of section 2 of the Homeland Secu-
rity Act of 2002 (Public Law 107–296; 6 U.S.C. 101(6)) 
is amended by striking ‘‘includes’’ and all that follows and 
inserting ‘‘includes Federal, State, and local governmental 
and nongovernmental emergency public safety, law enforce-
ment, fire, emergency response, emergency medical (includ-
ing hospital emergency facilities), and related personnel, or-
ganizations, agencies, and authorities.’’.
SEC. 4. SUPERSEDED PROVISION. 
This Act supersedes section 1014(c)(3) of Public Law 
107–56. 
SEC. 5. OVERSIGHT. 
The Secretary of Homeland Security shall establish 
within the Office for Domestic Preparedness an Office of 
the Comptroller to oversee the grants distribution process 
and the financial management of the Office for Domestic 
Preparedness. 
SEC. 6. GAO REPORT ON AN INVENTORY AND STATUS OF 
HOMELAND 
SECURITY 
FIRST 
RESPONDER 
TRAINING. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall report to the Congress in accordance 
with this section— 
(1) on the overall inventory and status of first 
responder training programs of the Department of 
Homeland Security and other departments and agen-
cies of the Federal Government; and 
(2) the extent to which such programs are coordi-
nated. 
(b) CONTENTS OF REPORTS.—The reports under this 
section shall include— 
(1) an assessment of the effectiveness of the struc-
ture and organization of such training programs; 
(2) recommendations to—
(A) improve the coordination, structure, 
and organization of such training programs; and 
(B) increase the availability of training to 
first responders who are not able to attend cen-
tralized training programs; 
(3) the structure and organizational effectiveness 
of such programs for first responders in rural commu-
nities; 
(4) identification of any duplication or redun-
dancy among such programs; 
(5) a description of the use of State and local 
training institutions, universities, centers, and the 
National Domestic Preparedness Consortium in de-
signing and providing training; 
(6) a cost-benefit analysis of the costs and time 
required for first responders to participate in train-
ing courses at Federal institutions; 
(7) an assessment of the the approval process for 
certifying non-Department of Homeland Security 
training courses that are useful for anti-terrorism 
purposes as eligible for grants awarded by the De-
partment; 
(8) a description of the use of Department of 
Homeland Security grant funds by States and local 
governments to acquire training;
(9) an analysis of the feasibility of Federal, 
State, and local personnel to receive the training that 
is necessary to adopt the National Response Plan and 
the National Incident Management System; and 
(10) the role of each first responder training in-
stitution within the Department of Homeland Secu-
rity in the design and implementation of terrorism 
preparedness and related training courses for first re-
sponders. 
(c) DEADLINES.—The Comptroller General shall— 
(1) submit a report under subsection (a)(1) by 
not later than 60 days after the date of the enactment 
of this Act; and 
(2) submit a report on the remainder of the top-
ics required by this section by not later than 120 days 
after the date of the enactment of this Act.
Union Calendar No. 32 
109TH CONGRESS 
1ST SESSION 
H. R. 1544 
[Report No. 109–65] 
A BILL 
To provide faster and smarter funding for first 
responders, and for other purposes. 
APRIL 28, 2005 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed