I
107TH CONGRESS
1ST SESSION
H. R. 3435
To provide for grants to local first responder agencies to combat terrorism
and be a part of homeland defense.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 6, 2001
Mrs. MALONEY of New York (for herself, Mr. STUPAK, Mr. ANDREWS, Mrs.
MCCARTHY of New York, Ms. HOOLEY of Oregon, Mr. MCNULTY, Mr.
SNYDER, Mr. MALONEY of Connecticut, Mr. GUTIERREZ, Mr. WYNN, Mr.
FROST, Mr. MURTHA, and Mr. OWENS) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Transportation and Infrastructure, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To provide for grants to local first responder agencies to
combat terrorism and be a part of homeland defense.
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 ‘‘Empowering Local
First Responders To Fight Terrorism Act of 2001’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The World Trade Center in New York City
was attacked on September 11, 2001, when two hi-
jacked commercial airplanes crashed into the Cen-
ter’s towers; the Pentagon, located outside Wash-
ington, D.C., was damaged when a hijacked commer-
cial plane crashed into the structure; and a hijacked
airplane headed for Washington, D.C., crashed in
Pennsylvania.
(2) The New York City Police and Fire Depart-
ments, Washington, D.C., Police and Fire Depart-
ments, various Virginia and Maryland Police and
Fire Departments, Pennsylvania Police and Fire De-
partments, and the Emergency Medical Services
(EMS) responded to these attacks without hesi-
tation.
(3) Hundreds of New York City police officers,
firefighters, and EMS workers lost their lives during
this rescue when the World Trade Center towers col-
lapsed.
(4) In the weeks since the disaster, local first
responders have been under the burden of respond-
ing to both immediate and long-term strategies.
(5) Many local first responder agencies around
the country are understaffed and underbudgeted to
respond to both routine and the new demands stem-
ming from the homeland defense.
SEC. 
3. 
AUTHORITY 
TO 
MAKE 
GRANTS 
FOR
ANTITERRORISM AND HOMELAND DEFENSE-
ORIENTED POLICING AND RESPONSE.
(a) GRANT AUTHORIZATION.—The Attorney General
may make grants to States, units of local government, In-
dian tribal governments, other public and private entities,
and multi-jurisdictional or regional consortia thereof to
combat terrorism and provide homeland defense.
(b) REHIRING, HIRING, AND INITIAL REDEPLOY-
MENT GRANT PROJECTS.—
(1) IN
GENERAL.—Grants made under sub-
section (a) may be used for programs, projects, and
other activities to—
(A) rehire first responders who have been
laid off as a result of State and local budget re-
ductions for deployment in antiterrorism and
homeland defense-oriented policing and re-
sponse;
(B) hire and train new, additional career
first responders for deployment in antiterrorism
and homeland defense-oriented policing and re-
sponse across the Nation; and
(C) procure equipment, technology, or sup-
port systems, or pay overtime, if the applicant
for such a grant demonstrates to the satisfac-
tion of the Attorney General that expenditures
for such purposes would result in an increase in
the number of first responders deployed in
antiterrorism and homeland defense-oriented
policing and response equal to or greater than
the increase in the number of first responders
that would result from a grant for a like
amount for the purposes specified in subpara-
graph (A) or (B).
(2) GRANTS
FOR
EQUIPMENT, TECHNOLOGY,
AND SUPPORT SYSTEMS.—Grants pursuant to para-
graph (1)(C) may not exceed 20 percent of the
funds available for grants pursuant to this sub-
section in any fiscal year.
(c) TROOPS-TO-DEFENDERS PROGRAMS.—
(1) IN
GENERAL.—Grants made under sub-
section (a) may be used to hire former members of
the Armed Forces to serve as career first responders
for deployment in antiterrorism and homeland de-
fense-oriented policing and response, particularly in
communities that are adversely affected by a recent
military base closing.
non-Federal contribution exceeding the 25 percent min-
imum under subsection (i).
(f) TECHNICAL ASSISTANCE.—
(1) IN GENERAL.—The Attorney General may
provide technical assistance to States, units of local
government, Indian tribal governments, and to other
public and private entities, in furtherance of the pur-
poses of this Act.
(2) MODEL.—The technical assistance provided
by the Attorney General may include the develop-
ment of a flexible model that will define for State
and local governments, and other public and private
entities, definitions and strategies associated with
antiterrorism and homeland defense-oriented polic-
ing and response, and methodologies for its imple-
mentation.
(3) TRAINING CENTERS AND FACILITIES.—The
technical assistance provided by the Attorney Gen-
eral may include the establishment and operation of
training centers or facilities, either directly or by
contracting or cooperative arrangements. The func-
tions of the centers or facilities established under
this paragraph may include instruction and seminars
for first responder executives, managers, trainers,
supervisors, and such others as the Attorney General
considers to be appropriate concerning antiterrorism
and homeland defense. The Attorney General shall
provide special consideration to expanding the role of
the Regional Community Policing Institutes cur-
rently funded by the Department of Justice in order
to comply with this section.
(g) UTILIZATION OF COMPONENTS.—The Attorney
General may utilize any component or components of the
Department of Justice in carrying out this Act.
(h) MINIMUM AMOUNT.—Unless all applications sub-
mitted by any State and grantee within the State pursuant
to subsection (a) have been funded, each qualifying State,
together with grantees within the State, shall receive in
each fiscal year pursuant to subsection (a) not less than
0.5 percent of the total amount appropriated in the fiscal
year for grants pursuant to that subsection. In this sub-
section, ‘‘qualifying State’’ means any State which has
submitted an application for a grant, or in which an eligi-
ble entity has submitted an application for a grant, which
meets the requirements prescribed by the Attorney Gen-
eral and the conditions set out in this Act.
(i) MATCHING FUNDS.—The portion of the costs of
a program, project, or activity provided by a grant under
subsection (a) may not exceed 75 percent, unless the At-
torney General waives, wholly or in part, the requirement
under this subsection of a non-Federal contribution to the
costs of a program, project, or activity. In relation to a
grant for a period exceeding 1 year for hiring or rehiring
career first responders, the Federal share shall decrease
from year to year for up to 5 years, looking toward the
continuation of the increased hiring level using State or
local sources of funding following the conclusion of Fed-
eral support, as provided in an approved plan pursuant
to section 4(c)(8).
(j) ALLOCATION OF FUNDS.—The funds available
under this Act shall be allocated as follows:
(1) Of funds available under this Act in any fis-
cal year, up to 3 percent may be used for technical
assistance under subsection (f) or for evaluations or
studies carried out or commissioned by the Attorney
General in furtherance of the purposes of this Act.
(2) Of the remaining funds, 50 percent shall be
allocated for grants pursuant to applications sub-
mitted by units of local government or first re-
sponder agencies having jurisdiction over areas with
populations exceeding 150,000 or by public and pri-
vate entities that serve areas with populations ex-
ceeding 150,000, and 50 percent shall be allocated
for grants pursuant to applications submitted by
units of local government or first responder agencies
having jurisdiction over areas with populations
150,000 or less or by public and private entities that
serve areas with populations 150,000 or less.
(3) Of the funds available in relation to grants
under this Act, at least 85 percent shall be applied
to grants for the purposes specified in subsection
(b), and no more than 15 percent may be applied to
other grants in furtherance of the purposes of this
Act. In view of the extraordinary need for first re-
sponder assistance in Indian country, an appropriate
amount of funds available under this Act shall be
made available for grants to Indian tribal govern-
ments or tribal first responder agencies.
(k) TERMINATION OF GRANTS FOR HIRING OFFI-
CERS.—The authority under subsection (a) of this section
to make grants for the hiring and rehiring of additional
career first responders shall lapse at the conclusion of 6
years from the date of enactment of this Act. Prior to the
expiration of this grant authority, the Attorney General
shall submit a report to Congress concerning the experi-
ence with and effects of such grants. The report may in-
clude any recommendations the Attorney General may
have for amendments to this Act and related provisions
of law in light of the termination of the authority to make
grants for the hiring and rehiring of additional career first
responders.
SEC. 4. APPLICATIONS.
(a) IN GENERAL.—No grant may be made under this
Act unless an application has been submitted to, and ap-
proved by, the Attorney General.
(b) APPLICATION.—An application for a grant under
this Act shall be submitted in such form, and contain such
information, as the Attorney General may prescribe by
regulation or guidelines.
(c) CONTENTS.—In accordance with the regulations
or guidelines established by the Attorney General, each ap-
plication for a grant under this Act shall—
(1) include a long-term strategy and detailed
implementation plan;
(2) demonstrate a specific public safety need;
(3) explain the applicant’s inability to address
the need without Federal assistance;
(4) identify related governmental and commu-
nity initiatives which complement or will be coordi-
nated with the proposal;
(5) certify that there has been appropriate co-
ordination with all affected agencies;
(6) outline the initial and ongoing level of com-
munity support for implementing the proposal in-
cluding financial and in-kind contributions or other
tangible commitments;
(7) specify plans for obtaining necessary sup-
port and continuing the proposed program, project,
or activity following the conclusion of Federal sup-
port;
(8) if the application is for a grant for hiring
or rehiring additional career first responders, specify
plans for the assumption by the applicant of a pro-
gressively larger share of the cost in the course of
time, looking toward the continuation of the in-
creased hiring level using State or local sources of
funding following the conclusion of Federal support;
(9) assess the impact, if any, of the increase in
first responder resources on other components of the
criminal justice system and first responder systems;
(10) explain how the grant will be utilized to re-
orient the affected first responder agency’s mission
toward antiterrorism or homeland defense-oriented
policing and response; and
(11) provide assurances that the applicant will,
to the extent practicable, seek, recruit, and hire
members of racial and ethnic minority groups and
women in order to increase their ranks within the
sworn positions in the first responder agency.
(d) SPECIAL PROVISIONS.—
(1) SMALL
JURISDICTIONS.—Notwithstanding
any other provision of this Act, in relation to appli-
cations under this Act of units of local government
or first responder agencies having jurisdiction over
areas with populations of less than 50,000, the At-
torney General may waive 1 or more of the require-
ments of subsection (c) and may otherwise make
special provisions to facilitate the expedited submis-
sion, processing, and approval of such applications.
(2) SMALL GRANT AMOUNT.—Notwithstanding
any other provision of this Act, in relation to appli-
cations under section 3(d) for grants of less than
$1,000,000, the Attorney General may waive 1 or
more of the requirements of subsection (c) and may
otherwise make special provisions to facilitate the ex-
pedited submission, processing, and approval of such
applications.
SEC. 5. RENEWAL OF GRANTS.
(a) IN GENERAL.—Except for grants made for hiring
or rehiring additional career first responders, a grant
under this Act may be renewed for up to 2 additional years
after the first fiscal year during which a recipient receives
its initial grant, if the Attorney General determines that
the funds made available to the recipient were used in a
manner required under an approved application and if the
recipient can demonstrate significant progress in achieving
the objectives of the initial application.
(b) GRANTS FOR HIRING.—Grants made for hiring
or rehiring additional career first responders may be re-
newed for up to 5 years, subject to the requirements of
subsection (a), but notwithstanding the limitation in that
subsection concerning the number of years for which
grants may be renewed.
(c) MULTIYEAR GRANTS.—A grant for a period ex-
ceeding 1 year may be renewed as provided in this section,
except that the total duration of such a grant including
any renewals may not exceed 3 years, or 5 years if it is
a grant made for hiring or rehiring additional career first
responders.
SEC. 6. LIMITATION ON USE OF FUNDS.
(a) NONSUPPLANTING REQUIREMENT.—Funds made
available under this Act to States or units of local govern-
ment shall not be used to supplant State or local funds,
or, in the case of Indian tribal governments, funds sup-
plied by the Bureau of Indian Affairs, but shall be used
to increase the amount of funds that would, in the absence
of Federal funds received under this Act, be made avail-
able from State or local sources, or in the case of Indian
tribal governments, from funds supplied by the Bureau of
Indian Affairs.
(b) NON-FEDERAL COSTS.—
(1) IN
GENERAL.—States and units of local
government may use assets received through the As-
sets Forfeiture equitable sharing program to provide
the non-Federal share of the cost of programs,
projects, and activities funded under this Act.
(2) INDIAN TRIBAL GOVERNMENTS.—Funds ap-
propriated by the Congress for the activities of any
agency of an Indian tribal government or the Bu-
reau of Indian Affairs performing first responder
functions on any Indian lands may be used to pro-
vide the non-Federal share of the cost of programs
or projects funded under this Act.
(c) HIRING COSTS.—Funding provided under this
Act for hiring or rehiring a career first responder may
not exceed $75,000, unless the Attorney General grants
a waiver from this limitation.
SEC. 7. PERFORMANCE EVALUATION.
(a) MONITORING
COMPONENTS.—Each program,
project, or activity funded under this Act shall contain a
monitoring component, developed pursuant to guidelines
established by the Attorney General. The monitoring re-
quired by this subsection shall include systematic identi-
fication and collection of data about activities, accomplish-
ments, and programs throughout the life of the program,
project, or activity and presentation of such data in a usa-
ble form.
(b) EVALUATION COMPONENTS.—Selected grant re-
cipients shall be evaluated on the local level or as part
of a national evaluation, pursuant to guidelines established
by the Attorney General. Such evaluations may include as-
sessments of individual program implementations. In se-
lected jurisdictions that are able to support outcome eval-
uations, the effectiveness of funded programs, projects,
and activities may be required. Outcome measures may
include crime and victimization indicators, quality of life
measures, community perceptions, and first responder
perceptions of their own work.
(c) PERIODIC REVIEW AND REPORTS.—The Attorney
General may require a grant recipient to submit to the
Attorney General the results of the monitoring and evalua-
tions required under subsections (a) and (b) and such
other data and information as the Attorney General deems
reasonably necessary.
SEC. 8. REVOCATION OR SUSPENSION OF FUNDING.
If the Attorney General determines, as a result of the
reviews required by section 7, or otherwise, that a grant
recipient under this Act is not in substantial compliance
with the terms and requirements of an approved grant ap-
plication submitted under section 4, the Attorney General
may revoke or suspend funding of that grant, in whole
or in part.
SEC. 9. ACCESS TO DOCUMENTS.
(a) BY THE ATTORNEY GENERAL.—The Attorney
General shall have access for the purpose of audit and ex-
amination to any pertinent books, documents, papers, or
records of a grant recipient under this Act and to the per-
tinent books, documents, papers, or records of State and
local governments, persons, businesses, and other entities
that are involved in programs, projects, or activities for
which assistance is provided under this Act.
(b) BY THE COMPTROLLER GENERAL.—Subsection
(a) shall apply with respect to audits and examinations
conducted by the Comptroller General of the United
States or by an authorized representative of the Comp-
troller General.
SEC. 10. GENERAL REGULATORY AUTHORITY.
The Attorney General may promulgate regulations
and guidelines to carry out this Act.
SEC. 11. DEFINITIONS.
In this Act:
(1) The term ‘‘career first responder’’ means a
person hired on a permanent basis who is authorized
by law or by a State or local public agency as a first
responder.
(2) The term ‘‘Indian tribe’’ means a tribe,
band, pueblo, nation, or other organized group or
community of Indians, including an Alaska Native
village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)), that is recognized as eligible for the special
programs and services provided by the United States
to Indians because of their status as Indians.
(3) The term ‘‘first responder’’ means a law en-
forcement officer, fire fighter, or emergency support
worker.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this 
Act, 
to 
remain 
available 
until 
expended,
$10,000,000,000 in the aggregate for the period of 10 fis-
cal years from fiscal year 2002 through fiscal year 2011.
Æ