I 
108TH CONGRESS 
1ST SESSION H. R. 3227
To amend the Homeland Security Act of 2002 to direct the Secretary of 
Homeland Security to establish clearly defined standards and guidelines 
for Federal, State, and local government emergency preparedness and 
response capability, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 2, 2003
Mr. SHAYS (for himself, Mrs. MALONEY, Mr. TURNER of Ohio, Mr. TIERNEY, 
Mr. MURPHY, and Mr. RUPPERSBERGER) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastruc-
ture, and in addition to the Select Committee on Homeland Security, 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 com-
mittee concerned 
A BILL 
To amend the Homeland Security Act of 2002 to direct 
the Secretary of Homeland Security to establish clearly 
defined standards and guidelines for Federal, State, and 
local government emergency preparedness and response 
capability, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Preparedness 
Standards Act’’.
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The Second Report of the Advisory Panel to 
Assess Domestic Response Capabilities for Ter-
rorism Involving Weapons of Mass Destruction (also 
known as the Gilmore Commission) called for stand-
ards for emergency preparedness and response. 
(2) The National Strategy for Homeland Secu-
rity calls for the issuance of standards for emer-
gency preparedness and response. 
(3) The standard-setting activities called for in 
the Homeland Security Act of 2002 (Public Law 
107–296) need to be accelerated and coordinated. 
(4) Actual preparedness against the threat of 
weapons of mass destruction is not being enhanced 
sufficiently. 
(5) The lack of standards for Federal, State, 
and local government emergency preparedness and 
response poses the risk of grant funds for emergency 
preparedness and response being wasted. 
SEC. 3. EMERGENCY PREPAREDNESS AND RESPONSE 
STANDARDS. 
(a) IN GENERAL.—Title V of the Homeland Security 
Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 
at the end the following:
‘‘SEC. 510. EMERGENCY PREPAREDNESS AND RESPONSE 
STANDARDS. 
‘‘(a) REQUIREMENT TO ESTABLISH STANDARDS.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with other Federal agencies, State and local 
emergency responder agencies and officials, and 
standard-setting bodies from the emergency re-
sponder community, shall establish clearly defined 
standards and guidelines for Federal, State, and 
local government emergency preparedness and re-
sponse capability, including for training, interoper-
able communication systems, and response equip-
ment. 
‘‘(2) CONTENT.—The Secretary shall design 
such standards to comply with the following: 
‘‘(A) FLEXIBILITY.—The standards shall 
be sufficiently flexible to allow local government 
officials to set priorities based on their needs, 
while reaching nationally determined prepared-
ness levels within a fixed time period. 
‘‘(B) MEASURABLE
CAPABILITIES.—The 
standards shall be designed to develop emer-
gency preparedness and response capabilities 
that are measurable and subject to Federal 
audit.
‘‘(b) DETERMINATION OF STATE AND LOCAL GOV-
ERNMENT MINIMUM ESSENTIAL CAPABILITY.—The Sec-
retary shall—
‘‘(1) determine for each State the minimum es-
sential emergency preparedness and response capa-
bility that should be achieved by the State, including 
State and local government emergency preparedness 
and response agencies of the State; and 
‘‘(2) measure for each State progress made by 
State and local government emergency preparedness 
and response agencies—
‘‘(A) in achieving the minimum essential 
capability determined for the State under para-
graph (1); and 
‘‘(B) complying with standards issued by 
the Secretary under this section. 
‘‘(c) IMPROVEMENT OF COMPLIANCE WITH STAND-
ARDS.—To improve compliance with emergency prepared-
ness and response capability standards under this section, 
the Secretary may—
‘‘(1) coordinate and consolidate the develop-
ment by the Federal Government of standards for 
Federal, State, and local government for Federal, 
State, and local government emergency preparedness 
and response capability, including for training, inter-
operable communication systems, and response 
equipment; 
‘‘(2) establish and coordinate an integrated ca-
pability for Federal, State, and local governments 
and emergency responders to plan for and address 
potential consequences of terrorism; 
‘‘(3) coordinate provision of Federal terrorism 
preparedness assistance to State, tribal, and local 
governments; 
‘‘(4) establish standards for a national, inter-
operable emergency communications and warning 
system; and 
‘‘(5) establish standards for training of first re-
sponders, and for equipment to be used by first re-
sponders, to respond to incidents of terrorism, in-
cluding incidents involving weapons of mass destruc-
tion. 
‘‘(d) CONSULTATION.—In carrying out activities 
under this section, the Secretary shall consult with rel-
evant private sector groups, including—
‘‘(1) the National Fire Protection Association; 
‘‘(2) National Association of County and City 
Health Officials; 
‘‘(3) Association of State and Territorial Health 
Officials; and
‘‘(4) American National Standards Institute. 
‘‘(e) ANNUAL REPORT.—The Secretary shall, by not 
later than 9 months after the date of the enactment of 
this section and annually thereafter, report to the Con-
gress, on a State-by-State basis, regarding—
‘‘(1) progress achieved, by grant and training 
programs administered by the Department, in—
‘‘(A) increasing State and local govern-
ment terrorism preparedness; and 
‘‘(B) conforming such State and local gov-
ernment terrorism preparedness to applicable 
standards issued by Federal agencies; 
‘‘(2) when State and local government terrorism 
preparedness will conform to such standards; and 
‘‘(3) the amount of expenditures required for 
State and local government terrorism preparedness 
to conform to such standards.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 509 the following:
‘‘Sec. 510. Emergency preparedness and response standards.’’.
SEC. 4. STANDARD WITH RESPECT TO WEAPONS OF MASS 
DESTRUCTION. 
The Secretary of Homeland Security shall, pursuant 
to the amendment made by section 3, include in the fiscal 
year 2005 budget request for the Department of Home-
land Security a minimum essential emergency prepared-
ness and response capability standard with respect to 
weapons of mass destruction- and terrorism-related dis-
aster equipment and training, separately—
(1) for metropolitan areas, expressed per 
100,000 persons in a metropolitan area; and 
(2) for rural areas.
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