‘‘(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, and mitigate terrorist 
threats, including threats from chemical, biologi-
cal, nuclear, and radiological weapons and ex-
plosive 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. 
‘‘(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; and 
‘‘(11) 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. 
‘‘SEC. 1807. DEFINITIONS. 
‘‘In this title: 
‘‘(1) BOARD.—The term ‘Board’ means the First 
Responder Grants Board established under section 
1804(f).
‘‘(2) COVERED GRANT.—The term ‘covered grant’ 
means any grant to which this title applies under sec-
tion 1801. 
‘‘(3) ELEVATIONS
IN
THE
THREAT
ALERT 
LEVEL.—The term ‘elevations in the threat alert level’ 
means any designation (including those that are less 
than national in scope) that raises the homeland secu-
rity threat level to either the highest or second highest 
threat level under the Homeland Security Advisory 
System referred to in section 201(d)(7). 
‘‘(4) ESSENTIAL
CAPABILITIES.—The term ‘es-
sential capabilities’ means the levels, availability, and 
competence of emergency personnel, planning, train-
ing, and equipment across a variety of disciplines 
needed to effectively and efficiently prevent, prepare 
for, and respond to acts of terrorism consistent with 
established practices. 
‘‘(5) REGION.—The term ‘region’ means— 
‘‘(A) any geographic area consisting of all 
or parts of 2 or more contiguous States, counties, 
municipalities, or other local governments that 
have a combined population of at least 1,650,000 
or have an area of not less than 20,000 square 
miles, and that, for purposes of an application 
for a covered grant, is represented by 1 or more
governments or governmental agencies within 
such geographic area, and that is established by 
law or by agreement of 2 or more such govern-
ments or governmental agencies in a mutual aid 
agreement; or 
‘‘(B) any other combination of contiguous 
local government units (including such a com-
bination established by law or agreement of two 
or more governments or governmental agencies 
in a mutual aid agreement) that is formally cer-
tified by the Secretary as a region for purposes 
of this Act with the consent of— 
‘‘(i) the State or States in which they 
are located, including a multi-State entity 
established by a compact between two or 
more States; and 
‘‘(ii) the incorporated municipalities, 
counties, and parishes which they encom-
pass. 
‘‘(6) TASK
FORCE.—The term ‘Task Force’ 
means the Task Force on Essential Capabilities for 
First Responders established under section 1803. 
‘‘(7) FIRST
RESPONDER.—The term ‘first re-
sponder’ shall have the same meaning as the term 
‘emergency response provider’.’’.
(b) DEFINITION
OF EMERGENCY RESPONSE PRO-
VIDERS.—Section 2(6) of the Homeland Security Act of 
2002 (Public Law 107–296; 6 U.S.C. 101(6)) is amended 
by inserting ‘‘fire,’’ after ‘‘law enforcement,’’. 
(c) TEMPORARY LIMITATION ON APPLICATION.—The 
following provisions of title XVIII of the Homeland Secu-
rity Act of 2002, as amended by subsection (a), shall not 
apply during the 2 year period beginning on the date of 
the enactment of this Act: 
(1) Subsections (b), (c), (e) (except paragraph 
(5) of such subsection), and (f)(3)(B) of section 1804. 
(2) Subparagraphs (D) and (E) of section 
1805(e)(4). 
(3) Section 1805(g)(3). 
SEC. 4. MODIFICATION OF HOMELAND SECURITY ADVISORY 
SYSTEM. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 (Public Law 107–296; 6 U.S.C. 
121 et seq.) is amended by adding at the end the following: 
‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. 
‘‘(a) IN GENERAL.—The Secretary shall revise the 
Homeland Security Advisory System referred to in section 
201(d)(7) to require that any designation of a threat level 
or other warning shall be accompanied by a designation
of the geographic regions or economic sectors to which the 
designation applies. 
‘‘(b) REPORTS.—The Secretary shall report to the Con-
gress annually by not later than December 31 each year 
regarding the geographic region-specific warnings and eco-
nomic sector-specific warnings issued during the preceding 
fiscal year under the Homeland Security Advisory System 
referred to in section 201(d)(7), and the bases for such 
warnings. The report shall be submitted in unclassified 
form and may, as necessary, include a classified annex.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) is amended by inserting after the item relating 
to section 202 the following: 
‘‘203. Homeland Security Advisory System.’’. 
SEC. 5. COORDINATION OF INDUSTRY EFFORTS. 
Section 102(f) of the Homeland Security Act of 2002 
(Public Law 107–296; 6 U.S.C. 112(f)) is amended by strik-
ing ‘‘and’’ after the semicolon at the end of paragraph (6), 
by striking the period at the end of paragraph (7) and in-
serting ‘‘; and’’, and by adding at the end the following: 
‘‘(8) coordinating industry efforts to identify 
private sector resources and capabilities that could be 
effective in supplementing Federal, State, and local 
government agency efforts to prevent or respond to a 
terrorist attack.’’.
SEC. 6. SUPERSEDED PROVISION. 
This Act supersedes section 1014 of Public Law 107– 
56. 
SEC. 7. SENSE OF CONGRESS REGARDING INTEROPERABLE 
COMMUNICATIONS. 
(a) FINDING.—The Congress finds that— 
(1) many first responders working in the same 
jurisdiction or in different jurisdictions cannot effec-
tively and efficiently communicate with one another, 
and 
(2) their inability to do so threatens the public’s 
safety and may result in unnecessary loss of lives and 
property. 
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that it is of national importance that interoperable 
emergency communications systems that to the extent pos-
sible meet national voluntary consensus standards should 
be developed and promulgated as soon as practicable for use 
by the first responder community. 
SEC. 8. SENSE OF CONGRESS REGARDING CITIZEN CORPS 
COUNCILS. 
(a) FINDING.—The Congress finds that Citizen Corps 
councils help to enhance local citizen participation in ter-
rorism preparedness by coordinating multiple Citizen 
Corps programs, developing community action plans, as-
sessing possible threats, and identifying local resources.
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that individual Citizen Corps councils should seek to 
enhance the preparedness and response capabilities of all 
organizations participating in the councils, including by 
providing funding to as many of their participating orga-
nizations as practicable to promote local terrorism pre-
paredness programs. 
SEC. 9. STUDY REGARDING NATIONWIDE EMERGENCY NO-
TIFICATION SYSTEM. 
(a) STUDY.—The Secretary of Homeland Security, in 
consultation with the heads of other appropriate Federal 
agencies and representatives of providers and participants 
in the telecommunications industry, shall conduct a study 
to determine whether it is cost-effective, efficient, or feasible 
to establish and implement an emergency telephonic alert 
notification system that will— 
(1) alert persons in the United States of immi-
nent or current hazardous events caused by acts of 
terrorism; and 
(2) provide information to individuals regarding 
appropriate measures that may be undertaken to al-
leviate or minimize threats to their safety and welfare 
posed by such events. 
(b) TECHNOLOGIES TO CONSIDER.—In conducting the 
study, the Secretary shall consider the use of the telephone,
wireless communications, and other existing communica-
tions networks to provide such notification. 
(c) REPORT.—Not later than 9 months after the date 
of the enactment of this Act, the Secretary shall submit to 
the Congress a report regarding the conclusions of the study. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
For making covered grants (as that term is defined 
in section 1807 of the Homeland Security Act of 2002, as 
amended by this Act) there is authorized to be appropriated 
to the Secretary of Homeland Security $3,400,000,000 for 
fiscal year 2006. 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as 
the ‘‘Faster and Smarter Funding for First Re-
sponders Act of 2004’’. 
(b) TABLE OF CONTENTS.—The table of con-
tents for this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Faster and Smarter Funding for First Responders. 
‘‘TITLE XVIII—FUNDING FOR FIRST RESPONDERS 
‘‘1801. Faster and smarter funding for first responders. 
‘‘1802. Essential capabilities for first responders. 
‘‘1803. Covered grant eligibility and criteria. 
‘‘1804. Use of funds and accountability requirements. 
‘‘1805. National standards for first responder equipment 
and training. 
‘‘1806. Definitions. 
Sec. 4. Modification of Homeland Security Advisory System. 
‘‘Sec. 203. Homeland Security Advisory System. 
Sec. 5. Coordination of industry efforts. 
Sec. 6. Superseded provision. 
Sec. 7. Sense of Congress regarding interoperable communica-
tions.
Sec. 8. Sense of Congress regarding Citizen Corps councils. 
Sec. 9. Study regarding nationwide emergency notification sys-
tem. 
Sec. 10. Authorization of appropriations. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) In order to achieve its objective of 
minimizing the damage, and assisting in 
the recovery, from terrorist attacks, the 
Department of Homeland Security must 
play a leading role in assisting commu-
nities to reach the level of preparedness 
they need to respond to a terrorist attack. 
(2) First responder funding is not 
reaching the men and women of our Na-
tion’s first response teams quickly enough, 
and sometimes not at all. 
(3) To reform the current bureau-
cratic process so that homeland security 
dollars reach the first responders who 
need it most, it is necessary to clarify and 
consolidate the authority and procedures 
of the Department of Homeland Security 
to support first responders. 
(4) Ensuring adequate resources for 
the new national mission of homeland se-
curity requires a discrete and separate
grant making process for homeland secu-
rity funds for first response to terrorist 
acts, on the one hand, and for first re-
sponder programs designed to meet pre-9/ 
11 priorities, on the other. 
(5) Homeland security grants to first 
responders must be based on the best in-
telligence concerning the capabilities and 
intentions of our terrorist enemies, and 
that intelligence must be used to target re-
sources to the Nation’s greatest risks, 
vulnerabilities, and consequences. 
(6) The Nation’s first response capa-
bilities will be improved by sharing re-
sources, training, planning, personnel, 
and equipment among neighboring juris-
dictions through mutual aid agreements 
and regional cooperation. Such regional 
cooperation should be supported, where 
appropriate, through direct grants from 
the Department of Homeland Security. 
(7) An essential prerequisite to achiev-
ing the Nation’s homeland security objec-
tives for first responders is the establish-
ment of well-defined national goals for
be integrated into State and local plan-
ning efforts to ensure that their capabili-
ties and roles are understood, so as to pro-
vide enhanced State and local oper-
ational capability and surge capacity. 
(11) Public-private partnerships, such 
as the partnerships between the Business 
Executives for National Security and the 
States of New Jersey and Georgia, can be 
useful to identify and coordinate private 
sector support for State and local first re-
sponders. Such models should be ex-
panded to cover all States and territories. 
(12) An important component of na-
tional standards is measurability, so that 
it is possible to determine how prepared a 
State or local government is now, and 
what additional steps it needs to take, in 
order to respond to acts of terrorism. 
(13) The Department of Homeland Se-
curity should establish, publish, and regu-
larly update national voluntary consensus 
standards for both equipment and train-
ing, in cooperation with both public and 
private sector standard setting organiza-
tions, to assist State and local govern-
ments in obtaining the equipment and 
training to attain the essential capabili-
ties for first response to acts of terrorism, 
and to ensure that first responder funds 
are spent wisely. 
SEC. 3. FASTER AND SMARTER FUNDING FOR FIRST RE-
SPONDERS. 
(a) IN GENERAL.—The Homeland Security 
Act of 2002 (Public Law 107–296; 6 U.S.C. 361 
et seq.) is amended— 
(1) in section 1(b) in the table of con-
tents by adding at the end the following: 
‘‘TITLE XVIII—FUNDING FOR FIRST RESPONDERS 
‘‘1801. Faster and smarter funding for first responders. 
‘‘1802. Essential capabilities for first responders. 
‘‘1803. Covered grant eligibility and criteria. 
‘‘1804. Use of funds and accountability requirements. 
‘‘1805. National standards for first responder equipment and 
training. 
‘‘1806. Definitions.’’; and 
(2) by adding at the end the following: 
‘‘TITLE XVIII—FUNDING FOR 
FIRST RESPONDERS 
‘‘SEC. 1801. FASTER AND SMARTER FUNDING FOR FIRST RE-
SPONDERS. 
‘‘(a) COVERED GRANTS.—This title applies 
to any grant provided by the Department to 
States or regions to improve the ability of first
responders to prevent, prepare for, respond to, 
or mitigate threatened or actual terrorist at-
tacks, especially those involving weapons of 
mass destruction, and including any grant 
under the following: 
‘‘(1) STATE HOMELAND SECURITY GRANT 
PROGRAM.—The State Homeland Security 
Grant Program of the Department, or any 
successor to such grant program. 
‘‘(2) URBAN AREA SECURITY INITIATIVE.— 
The Urban Area Security Initiative of the 
Department, or any successor to such 
grant program. 
‘‘(b) EXCLUDED PROGRAMS.—This title does 
not apply to or otherwise affect the following 
Federal grant programs or any grant under 
such a program: 
‘‘(1) NONDEPARTMENT
PROGRAMS.—Any 
Federal grant program that is not admin-
istered by the Department. 
‘‘(2) FIRE
GRANT
PROGRAMS.—The fire 
grant programs authorized by sections 33 
and 34 of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229, 
2229a).
‘‘(3) EMERGENCY MANAGEMENT PLANNING 
AND
ASSISTANCE
ACCOUNT
GRANTS.—The 
Emergency 
Management 
Performance 
Grant program and the Urban Search 
and Rescue Grants program authorized 
by title VI of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act 
(42 U.S.C. 5195 et seq.); the Departments 
of Veterans Affairs and Housing and 
Urban 
Development, 
and 
Independent 
Agencies Appropriations Act, 2000 (113 
Stat. 1047 et seq.); and the Earthquake 
Hazards Reduction Act of 1977 (42 U.S.C. 
7701 et seq.). 
‘‘SEC. 1802. ESSENTIAL CAPABILITIES FOR FIRST RESPOND-
ERS. 
‘‘(a) ESTABLISHMENT
OF ESSENTIAL CAPA-
BILITIES.— 
‘‘(1) IN GENERAL.—For purposes of cov-
ered grants, the Secretary shall establish 
clearly defined essential capabilities for 
State and local government preparedness 
for terrorism, in consultation with— 
‘‘(A) the Under Secretaries for 
Emergency 
Preparedness 
and 
Re-
sponse, Border and Transportation 
Security, Information Analysis and In-
frastructure Protection, and Science 
and Technology, and the Director of 
the Office for Domestic Preparedness; 
‘‘(B) other appropriate Federal 
agencies; 
‘‘(C) State and local first re-
sponder agencies and officials; and 
‘‘(D) groups responsible for setting 
standards relevant to the first re-
sponder community. 
‘‘(2) 
DEADLINES.—The 
Secretary 
shall— 
‘‘(A) establish essential capabili-
ties under paragraph (1) not later 
than 120 days after the date of the en-
actment of this section; and 
‘‘(B) regularly update such essen-
tial capabilities as necessary, but not 
less than every 3 years. 
‘‘(3) PROVISION OF ESSENTIAL CAPABILI-
TIES.—The Secretary shall ensure that es-
sential 
capabilities 
established 
under 
paragraph (1) are provided promptly to
the States and to the Congress. The States 
shall 
make 
the 
essential 
capabilities 
available as necessary and appropriate to 
local governments within their jurisdic-
tions. 
‘‘(b) OBJECTIVES.—The Secretary shall en-
sure that essential capabilities established 
under subsection (a)(1) meet the following ob-
jectives: 
‘‘(1) SPECIFICITY.—The determination 
of essential capabilities specifically shall 
describe 
the 
training, 
planning, 
per-
sonnel, and equipment that different types 
of communities in the Nation should pos-
sess, or to which they should have access, 
in order to meet the Department’s goals 
for terrorism preparedness based upon— 
‘‘(A) the most current risk assess-
ment available by the Directorate for 
Information Analysis and Infrastruc-
ture Protection of the threats of ter-
rorism against the United States; and 
‘‘(B) 
the 
types 
of 
threats, 
vulnerabilities, geography, size, and 
other factors that the Secretary has
determined to be applicable to each 
different type of community. 
‘‘(2) FLEXIBILITY.—The establishment 
of essential capabilities shall be suffi-
ciently flexible to allow State and local 
government 
officials 
to 
set 
priorities 
based on particular needs, while reaching 
nationally 
determined 
terrorism 
pre-
paredness levels within a specified time 
period. 
‘‘(3) 
MEASURABILITY.—The 
establish-
ment of essential capabilities shall be de-
signed to enable measurement of progress 
towards specific terrorism preparedness 
goals. 
‘‘(c) THREATS TO BE CONSIDERED.— 
‘‘(1) IN
GENERAL.—In establishing es-
sential 
capabilities 
under 
subsection 
(a)(1), the Secretary specifically shall con-
sider the variables of threat, vulner-
ability, and consequences with respect to 
the Nation’s population (including tran-
sient commuting and tourist populations) 
and critical infrastructure. Such consid-
eration shall be based upon the most cur-
rent risk assessment available by the Di-
rectorate for Information Analysis and In-
frastructure Protection of the threats of 
terrorism against the United States. 
‘‘(2) CRITICAL
INFRASTRUCTURE
SEC-
TORS.—The Secretary specifically shall 
consider threats of terrorism against the 
following critical infrastructure sectors in 
all areas of the Nation, urban and rural: 
‘‘(A) Agriculture. 
‘‘(B) Banking and finance. 
‘‘(C) Chemical industries. 
‘‘(D) The defense industrial base. 
‘‘(E) Emergency services. 
‘‘(F) Energy. 
‘‘(G) Food. 
‘‘(H) Government. 
‘‘(I) Postal and shipping. 
‘‘(J) Public health. 
‘‘(K) 
Information 
and 
tele-
communications networks. 
‘‘(L) Transportation. 
‘‘(M) Water. 
The order in which the critical infrastruc-
ture sectors are listed in this paragraph
shall not be construed as an order of pri-
ority for consideration of the importance 
of such sectors. 
‘‘(3) 
CONSIDERATION
OF
ADDITIONAL 
THREATS.—In establishing essential capa-
bilities under subsection (a)(1), the Sec-
retary shall take into account any other 
specific threat to a population (including 
a transient commuting or tourist popu-
lation) or critical infrastructure sector 
that the Secretary has determined to exist. 
‘‘SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA. 
‘‘(a) GRANT ELIGIBILITY.—Any State or re-
gion shall be eligible to apply for a covered 
grant. 
‘‘(b) GRANT CRITERIA.—In awarding cov-
ered grants, the Secretary shall assist States 
and local governments in achieving the essen-
tial capabilities for first responders estab-
lished by the Secretary under section 1802. 
‘‘(c) STATE HOMELAND SECURITY PLANS.— 
‘‘(1) SUBMISSION
OF
PLANS.—The Sec-
retary shall require that any State apply-
ing to the Secretary for a covered grant
must submit to the Secretary a 3-year 
State homeland security plan that— 
‘‘(A) demonstrates the extent to 
which the State has achieved the es-
sential capabilities that apply to the 
State; 
‘‘(B) demonstrates the additional 
needs of the State necessary to achieve 
the essential capabilities that apply to 
the State; 
‘‘(C) includes a prioritization of 
such 
additional 
needs 
based 
on 
threat, vulnerability, and consequence 
assessment factors applicable to the 
State; 
‘‘(D) describes how the State in-
tends— 
‘‘(i) to address such additional 
needs at the city, county, regional, 
State, and interstate level; 
‘‘(ii) to use all Federal, State, 
and local resources available for 
the purpose of addressing such 
additional needs; and
‘‘(iii) to give particular em-
phasis to regional planning and 
cooperation, both within its juris-
dictional borders and with neigh-
boring States; and 
‘‘(E) is developed in consultation 
with and subject to appropriate com-
ment by local governments within the 
State. 
‘‘(2) 
APPROVAL
BY
SECRETARY.—The 
Secretary may not award any covered 
grant to a State unless the Secretary has 
approved the applicable State homeland 
security plan. 
‘‘(d) CONSISTENCY WITH STATE PLANS.—The 
Secretary shall ensure that each covered grant 
is used to supplement and support, in a con-
sistent and coordinated manner, the applica-
ble State homeland security plan or plans. 
‘‘(e) APPLICATION FOR GRANT.— 
‘‘(1) IN GENERAL.—Any State or region 
may apply for a covered grant by submit-
ting to the Secretary an application at 
such time, in such manner, and con-
taining such information as is required
under this subsection, or as the Secretary 
may reasonably require. 
‘‘(2) DEADLINES FOR APPLICATIONS AND 
AWARDS.—All 
applications 
for 
covered 
grants must be submitted to the Secretary 
no later than February 15 of the fiscal 
year for which they are submitted. The 
Secretary shall award covered grants pur-
suant to all approved applications for 
such fiscal year as soon as practicable, 
but not later than July 31 of such year. 
‘‘(3) AVAILABILITY OF FUNDS.—All funds 
awarded by the Secretary under covered 
grants in a fiscal year shall be available 
for obligation through the end of the sub-
sequent fiscal year. 
‘‘(4) MINIMUM
CONTENTS
OF
APPLICA-
TION.—The Secretary shall require that 
each applicant include in its application, 
at a minimum— 
‘‘(A) the purpose for which the ap-
plicant seeks covered grant funds and 
the reasons why the applicant needs 
the covered grant to meet the essential 
capabilities for terrorism prepared-
ness within the State or region to 
which the application pertains; 
‘‘(B) a description of how, by ref-
erence to the applicable State home-
land security plan or plans under sub-
section (c), the allocation of grant 
funding proposed in the application, 
including, 
where 
applicable, 
the 
amount not passed through under sec-
tion 1804(e)(1), would assist in ful-
filling the essential capabilities speci-
fied in such plan or plans; 
‘‘(C) a statement of whether a mu-
tual aid agreement applies to the use 
of all or any portion of the covered 
grant funds; 
‘‘(D) if the applicant is a region— 
‘‘(i) a precise geographical de-
scription of the region and a spec-
ification of all participating and 
nonparticipating 
local 
govern-
ments within the geographical 
area comprising that region; 
‘‘(ii) a specification of what 
governmental entity within the re-
gion will administer the expendi-
ture of funds under the covered 
grant; and 
‘‘(iii) a designation of a spe-
cific individual to serve as re-
gional liaison; 
‘‘(E) a capital budget showing how 
the applicant intends to allocate and 
expend the covered grant funds; and 
‘‘(F) a statement of how the appli-
cant intends to meet the matching re-
quirement, if any, that applies under 
section 1804(e)(2). 
‘‘(5) REGIONAL APPLICATIONS.— 
‘‘(A) 
SUBMISSION
TO
STATE
OR 
STATES.—To ensure the consistency re-
quired under subsection (d), an appli-
cant that is a region must simulta-
neously submit its application to the 
Department and to each State of 
which any part is included in the re-
gion. 
‘‘(B) OPPORTUNITY FOR STATE COM-
MENT.—Before awarding any covered 
grant to a region, the Secretary shall
provide an opportunity to each State 
of which any part is included in a re-
gion, during the 30-day period begin-
ning on the date on which the region 
submits an application for a covered 
grant, to comment to the Secretary on 
the consistency of the region’s plan 
with the State’s homeland security 
plan. 
‘‘(C) FINAL
AUTHORITY.—The Sec-
retary shall have final authority to 
determine the consistency of any re-
gional application with the applica-
ble State homeland security plan or 
plans and approve any regional appli-
cation. The Secretary shall notify each 
State of which any part is included in 
a region of the approval of a regional 
application for that region. 
‘‘(D) REGIONAL
LIAISONS.—A re-
gional liaison designated under para-
graph (4)(D)(iii) shall— 
‘‘(i) coordinate with Federal, 
State, local, regional, and private
officials within the region con-
cerning terrorism preparedness; 
‘‘(ii) develop a process for re-
ceiving input from Federal, State, 
local, regional, and private sector 
officials within the region to as-
sist in the development of the re-
gional application and to improve 
the region’s access to covered 
grants; and 
‘‘(iii) administer, in consulta-
tion with State, local, regional, 
and private officials within the re-
gion, covered grants awarded to 
the region. 
‘‘(6) EQUIPMENT STANDARDS.—If an ap-
plicant for a covered grant proposes to 
upgrade or purchase, with assistance pro-
vided under the grant, new equipment or 
systems that do not meet or exceed any ap-
plicable 
national 
voluntary 
consensus 
standards established by the Secretary 
under section 1805(a), the applicant shall 
include in the application an explanation 
of why such equipment or systems will
serve the needs of the applicant better 
than equipment or systems that meet or 
exceed such standards. 
‘‘(f) FIRST RESPONDER GRANTS BOARD.— 
‘‘(1) ESTABLISHMENT
OF
BOARD.—The 
Secretary shall establish a First Re-
sponder Grants Board, consisting of— 
‘‘(A) the Secretary; 
‘‘(B) the Under Secretary for Emer-
gency Preparedness and Response; 
‘‘(C) the Under Secretary for Bor-
der and Transportation Security; 
‘‘(D) the Under Secretary for Infor-
mation Analysis and Infrastructure 
Protection; 
‘‘(E) 
the 
Under 
Secretary 
for 
Science and Technology; and 
‘‘(F) the Director of the Office for 
Domestic Preparedness. 
‘‘(2) CHAIRMAN.— 
‘‘(A) IN
GENERAL.—The Secretary 
shall be the Chairman of the Board. 
‘‘(B) EXERCISE
OF
AUTHORITIES
BY 
DEPUTY
SECRETARY.—The Deputy Sec-
retary of Homeland Security may exer-
cise the authorities of the Chairman, 
if the Secretary so directs. 
‘‘(3) RANKING OF GRANT APPLICATIONS.— 
‘‘(A) PRIORITIZATION
OF
GRANTS.— 
The Board shall evaluate and annu-
ally prioritize all pending applica-
tions for covered grants based upon 
the degree to which they would lessen 
the threat to, vulnerability of, and 
consequences for persons and critical 
infrastructure. 
‘‘(B) ACHIEVING
NATIONWIDE
CAPA-
BILITY.—In 
evaluating 
and 
prioritizing grant applications under 
subparagraph (A), the Board shall— 
‘‘(i) seek to achieve and en-
hance 
essential 
capabilities 
throughout the Nation; and 
‘‘(ii) seek to allocate a portion 
of the funds available for covered 
grants each fiscal year for the 
purpose of making covered grants 
to each approved applicant that 
the Board determines has dem-
onstrated a valid need in its ap-
plication. 
‘‘(4) 
FUNCTIONS
OF
UNDER
SECRE-
TARIES.—The Under Secretaries referred to 
in paragraph (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. 
‘‘SEC. 1804. USE OF FUNDS AND ACCOUNTABILITY REQUIRE-
MENTS. 
‘‘(a) IN GENERAL.—A covered grant may be 
used for— 
‘‘(1) purchasing or upgrading equip-
ment, including computer software, to en-
hance terrorism preparedness and re-
sponse; 
‘‘(2) exercises to strengthen terrorism 
preparedness and response; 
‘‘(3) training for prevention (includ-
ing detection) of, preparedness for, or re-
sponse to attacks involving weapons of 
mass destruction, including training in 
the use of equipment and computer soft-
ware;
‘‘(4) developing or updating response 
plans; 
‘‘(5) establishing or enhancing mecha-
nisms for sharing terrorism threat infor-
mation pursuant to this Act; 
‘‘(6) systems architecture and engi-
neering, program planning and manage-
ment, strategy formulation and strategic 
planning, life-cycle systems design, prod-
uct and technology evaluation, and proto-
type development for terrorism prepared-
ness and response purposes; 
‘‘(7) additional personnel costs result-
ing from— 
‘‘(A) elevations in the threat alert 
level of the Homeland Security Advi-
sory System; 
‘‘(B) travel to and participation in 
exercises and training in the use of 
equipment and on prevention activi-
ties; and 
‘‘(C) the temporary replacement of 
personnel during any period of travel 
to and participation 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 classified information; 
‘‘(9) enhancing facilities to serve as 
operations centers, or hardening critical 
infrastructure against potential attack by 
the addition of barriers, fences, gates, and 
other such devices; 
‘‘(10) the costs of commercially avail-
able interoperable communications equip-
ment (which, where applicable, is based 
on national, voluntary consensus stand-
ards) that the Secretary, in consultation 
with the Chairman of the Federal Com-
munications Commission, deems best suit-
ed to facilitate interoperability, coordina-
tion, and integration between and among 
emergency communications systems, and 
that complies with prevailing grant guid-
ance of the Department for interoperable 
communications;
‘‘(11) educational curricula develop-
ment for first responders to ensure that 
they are prepared for terrorist attacks; 
‘‘(12) training and exercises to assist 
public elementary and secondary schools 
in developing and implementing pro-
grams to instruct students regarding age- 
appropriate skills to prepare for and re-
spond to an act of terrorism; and 
‘‘(13) other appropriate activities as 
determined by the Secretary. 
‘‘The costs of training described in this sub-
section include such costs for full-time, part- 
time, and volunteer first responders. 
‘‘(b) PROHIBITED USES.—Funds provided as 
a covered grant may not be used— 
‘‘(1) to supplant State or local funds 
for, or otherwise support, traditional mis-
sions of State and local law enforcement, 
firefighters, emergency medical services, 
or public health agencies, unless such 
support serves a dual purpose and the 
funds are primarily intended to enhance 
terrorism preparedness;
‘‘(2) to construct buildings or other 
physical facilities; 
‘‘(3) to acquire land; or 
‘‘(4) for any State or local government 
cost sharing contribution. 
‘‘(c) ASSISTANCE REQUIREMENT.—The Sec-
retary may not request that equipment paid 
for, wholly or in part, with funds provided as 
a covered grant be made available for re-
sponding 
to 
emergencies 
in 
surrounding 
States, regions, and localities, unless the Sec-
retary undertakes to pay the costs directly at-
tributable to transporting and operating such 
equipment during such response. 
‘‘(d) FLEXIBILITY IN UNSPENT HOMELAND SE-
CURITY GRANT FUNDS.—Upon request by the re-
cipient 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 inter-
ests of homeland security. 
‘‘(e) STATE
AND
REGIONAL
RESPONSIBIL-
ITIES.—
‘‘(1) 
PASS-THROUGH.—The 
Secretary 
shall require a recipient of a covered 
grant that is a State to obligate or other-
wise make available to local governments, 
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 per-
cent of the amount of the grant, or a com-
bination 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 car-
ried out with a covered grant to a 
State or region 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 car-
ried out with a covered grant award-
ed before the end of the 2-year period 
beginning on the date of the enact-
ment of this section shall be 100 per-
cent. 
‘‘(C) IN-KIND
MATCHING.—Each re-
cipient of a covered grant may meet 
the matching requirement under sub-
paragraph (A) by making in-kind con-
tributions of goods or services that are 
directly linked with the purpose for 
which the grant is made, including, 
but not limited to, any necessary per-
sonnel overtime, contractor services, 
administrative costs, equipment fuel 
and maintenance, and rental space. 
‘‘(3) CERTIFICATIONS
REGARDING
DIS-
TRIBUTION OF GRANT FUNDS TO LOCAL GOV-
ERNMENTS.—Any State that receives a cov-
ered grant shall certify to the Secretary, 
by not later than 30 days after the expira-
tion of the period described in paragraph 
(1) with respect 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 para-
graph (1). 
‘‘(4) REPORT
ON
HOMELAND
SECURITY 
SPENDING.—Each recipient of a covered 
grant shall submit a report to the Sec-
retary not later than 60 days after the end 
of each fiscal year. Each recipient of a 
covered grant that is a region must simul-
taneously submit its report to each State 
of which any part is included in the re-
gion. Each report must include the fol-
lowing: 
‘‘(A) The amount, ultimate recipi-
ents, and dates of receipt of all funds 
received under the grant during the 
previous fiscal year. 
‘‘(B) The amount and the dates of 
disbursements of all such funds ex-
pended in compliance with paragraph 
(1) or pursuant to mutual aid agree-
ments or other sharing arrangements 
that apply within the State or region,
as applicable, during the previous fis-
cal year. 
‘‘(C) How the funds were utilized 
by each ultimate recipient or bene-
ficiary during the preceding fiscal 
year. 
‘‘(D) The extent to which essential 
capabilities identified in the applica-
ble State homeland security plan or 
plans were achieved or enhanced as 
the result of the expenditure of grant 
funds during the preceding fiscal 
year. 
‘‘(E) The extent to which essential 
capabilities identified in the applica-
ble State homeland security plan or 
plans remain unmet. 
‘‘(5) INCLUSION
OF
RESTRICTED
AN-
NEXES.—A recipient of a covered grant 
may submit to the Secretary an annex to 
the report under paragraph (4) that is 
subject to appropriate handling restric-
tions, if the recipient believes that discus-
sion in the report of unmet needs would
reveal sensitive but unclassified informa-
tion. 
‘‘(6) PROVISION OF REPORTS.—The Sec-
retary shall ensure that each report under 
paragraph (4) is provided to the Under 
Secretary for Emergency Preparedness 
and Response and the Director of the Of-
fice for Domestic Preparedness. 
‘‘(f) INCENTIVES TO EFFICIENT ADMINISTRA-
TION 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 re-
sponders, and other local groups funds or 
resources required by subsection (e)(1) 
within 45 days after receiving funds 
under the grant, the Secretary may— 
‘‘(A) reduce grant payments to the 
grant recipient from the portion of 
grant funds that is not required to be 
passed 
through 
under 
subsection 
(e)(1); 
‘‘(B) terminate payment of funds 
under the grant to the recipient, and
transfer the appropriate portion of 
those funds directly to local first re-
sponders that were intended to receive 
funding under that grant; or 
‘‘(C) impose additional restric-
tions or burdens 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 overtime or other ex-
penses; 
‘‘(ii) requiring the grant re-
cipient to distribute to local gov-
ernment beneficiaries all or a por-
tion of grant funds that are not 
required to be passed through 
under subsection (e)(1); or 
‘‘(iii) for each day that the 
grant 
recipient 
fails 
to 
pass 
through funds or resources in ac-
cordance with subsection (e)(1), 
reducing grant payments to the 
grant recipient from the portion of 
grant funds that is not required to
be passed through under sub-
section (e)(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 Gov-
ernor of a State may request in writing 
that the Secretary extend the 45-day pe-
riod under paragraph (1) for an addi-
tional 15-day period. The Secretary may 
approve such a request, and may extend 
such period for additional 15-day periods, 
if the Secretary determines that the re-
sulting delay in providing grant funding 
to the local government entities that will 
receive funding under the grant will not 
have a significant detrimental impact on 
such entities’ terrorism preparedness ef-
forts. 
‘‘(3) PROVISION OF NON-LOCAL SHARE TO 
LOCAL GOVERNMENT.— 
‘‘(A) IN
GENERAL.—The Secretary 
may upon request by a local govern-
ment 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 enhancements to its ter-
rorism preparedness as described 
in any applicable State homeland 
security plan or plans; 
‘‘(ii) the State has failed to 
pass through funds or resources in 
accordance with subsection (e)(1); 
and 
‘‘(iii) 
the 
local 
government 
complies with subparagraphs (B) 
and (C). 
‘‘(B) SHOWING
REQUIRED.—To re-
ceive a payment under this para-
graph, a local government must dem-
onstrate that— 
‘‘(i) it is identified explicitly as 
an ultimate recipient or intended 
beneficiary in the approved grant 
application; 
‘‘(ii) it was intended by the 
grantee to receive a severable por-
tion of the overall grant for a spe-
cific purpose that is identified in 
the grant application; 
‘‘(iii) it petitioned the grantee 
for the funds or resources after ex-
piration 
of 
the 
period 
within 
which the funds or resources were 
required to be passed through 
under subsection (e)(1); and 
‘‘(iv) it did not receive the por-
tion of the overall grant that was 
earmarked or designated for its 
use or benefit. 
‘‘(C) EFFECT
OF
PAYMENT.—Pay-
ment of grant funds to a local govern-
ment under this paragraph— 
‘‘(i) shall not affect any pay-
ment to another local government 
under this paragraph; and 
‘‘(ii) shall not prejudice con-
sideration of a request for pay-
ment under this paragraph that is 
submitted by another local govern-
ment.
‘‘(D) DEADLINE FOR ACTION BY SEC-
RETARY.—The Secretary shall approve 
or disapprove each request for pay-
ment under this paragraph by not 
later than 15 days after the date the 
request is received by the Department. 
‘‘(g) REPORTS TO CONGRESS.—The Secretary 
shall submit an annual report to the Congress 
by December 31 of each year— 
‘‘(1) describing in detail the amount of 
Federal funds provided as covered grants 
that were directed to each State and re-
gion in the preceding fiscal year; 
‘‘(2) containing information on the use 
of such grant funds by grantees; and 
‘‘(3) describing, on a nationwide and 
State-by-State basis— 
‘‘(A) the extent to which essential 
capabilities identified in applicable 
State homeland security plan or plans 
were created or enhanced as the re-
sult of the expenditure of covered 
grant funds during the preceding fis-
cal year;
‘‘(B) the extent to which essential 
capabilities identified in applicable 
State homeland security plan or plans 
remain unmet; and 
‘‘(C) an estimate of the amount of 
Federal, State, and local expenditures 
required to attain across the United 
States the essential capabilities estab-
lished under section 1802(a). 
‘‘SEC. 1805. NATIONAL STANDARDS FOR FIRST RESPONDER 
EQUIPMENT AND TRAINING. 
‘‘(a) EQUIPMENT STANDARDS.— 
‘‘(1) IN
GENERAL.—The Secretary, in 
consultation with the Under Secretary for 
Science and Technology and the Director 
of the Office for Domestic Preparedness, 
shall, not later than 6 months after the 
date of enactment of this section, support 
the development of, promulgate, and up-
date as necessary national voluntary con-
sensus standards for the performance, 
use, and validation of first responder 
equipment 
for 
purposes 
of 
section 
1803(e)(6). Such standards—
‘‘(A) shall be, to the maximum ex-
tent practicable, consistent with any 
existing voluntary consensus stand-
ards; 
‘‘(B) shall take into account, as 
appropriate, new types of terrorism 
threats that may not have been con-
templated when such existing stand-
ards were developed; and 
‘‘(C) shall be focused on maxi-
mizing interoperability, interchange-
ability, 
durability, 
flexibility, 
effi-
ciency, efficacy, portability, sustain-
ability, and safety. 
‘‘(2) REQUIRED
CATEGORIES.—In car-
rying out paragraph (1), the Secretary 
shall specifically consider the following 
categories of first responder equipment: 
‘‘(A) Thermal imaging equipment. 
‘‘(B) 
Radiation 
detection 
and 
analysis equipment. 
‘‘(C) 
Biological 
detection 
and 
analysis equipment. 
‘‘(D) Chemical detection and anal-
ysis equipment.
‘‘(E) Decontamination and steri-
lization equipment. 
‘‘(F) Personal protective equip-
ment, 
including 
garments, 
boots, 
gloves, and hoods and other protective 
clothing. 
‘‘(G) Respiratory protection equip-
ment. 
‘‘(H) 
Interoperable 
communica-
tions, including wireless and wireline 
voice, video, and data networks. 
‘‘(I) Explosive mitigation devices 
and explosive detection and analysis 
equipment. 
‘‘(J) Containment vessels. 
‘‘(K) Contaminant-resistant vehi-
cles. 
‘‘(L) Such other equipment for 
which the Secretary determines that 
national voluntary consensus stand-
ards would be appropriate. 
‘‘(b) TRAINING STANDARDS.— 
‘‘(1) IN
GENERAL.—The Secretary, in 
consultation with the Under Secretaries 
for Emergency Preparedness and Re-
sponse and Science and Technology and 
the Director of the Office for Domestic 
Preparedness, shall support the develop-
ment of, promulgate, and regularly up-
date as necessary national voluntary con-
sensus 
standards 
for 
first 
responder 
training carried out with amounts pro-
vided under covered grant programs, that 
will enable State and local government 
first responders to achieve optimal levels 
of terrorism preparedness as quickly as 
practicable. Such standards shall give 
priority to providing training to— 
‘‘(A) enable first responders to pre-
vent, prepare for, respond to, and 
mitigate terrorist threats, including 
threats from chemical, biological, nu-
clear, and radiological weapons and 
explosive devices capable of inflicting 
significant human casualties; and 
‘‘(B) familiarize first responders 
with the proper use of equipment, in-
cluding software, developed pursuant 
to the standards established under 
subsection (a).
‘‘(2) REQUIRED
CATEGORIES.—In car-
rying out paragraph (1), the Secretary 
specifically shall include the following 
categories of first responder activities: 
‘‘(A) Regional planning. 
‘‘(B) Joint exercises. 
‘‘(C) Intelligence collection, anal-
ysis, and sharing. 
‘‘(D) Emergency notification of af-
fected populations. 
‘‘(E) Detection of biological, nu-
clear, 
radiological, 
and 
chemical 
weapons of mass destruction. 
‘‘(F) 
Such 
other 
activities 
for 
which the Secretary determines that 
national voluntary consensus training 
standards would be appropriate. 
‘‘(c) CONSULTATION WITH STANDARDS ORGA-
NIZATIONS.—In 
establishing 
national 
vol-
untary consensus standards for first re-
sponder equipment and training under this 
section, the Secretary shall consult with rel-
evant public and private sector groups, includ-
ing—
‘‘(1) the National Institute of Stand-
ards and Technology; 
‘‘(2) the National Fire Protection Asso-
ciation; 
‘‘(3) the National Association of Coun-
ty and City Health Officials; 
‘‘(4) the Association of State and Ter-
ritorial Health Officials; 
‘‘(5) the American National Standards 
Institute; 
‘‘(6) the National Institute of Justice; 
‘‘(7) the Inter-Agency Board for Equip-
ment 
Standardization 
and 
Interoper-
ability; 
‘‘(8) the National Public Health Per-
formance Standards Program; 
‘‘(9) the National Institute for Occupa-
tional Safety and Health; 
‘‘(10) ASTM International; 
‘‘(11) the International Safety Equip-
ment Association; and 
‘‘(12) to the extent the Secretary con-
siders appropriate, other national vol-
untary consensus standards development 
organizations, other interested Federal,
State, and local agencies, and other inter-
ested persons. 
‘‘(d) COORDINATION
WITH
SECRETARY
OF 
HHS.—In establishing any national voluntary 
consensus standards under this section for 
first responder equipment or training that in-
volve or relate to public health professionals, 
including emergency medical professionals, 
the Secretary shall coordinate activities under 
this section with the Secretary of Health and 
Human Services. 
‘‘SEC. 1806. DEFINITIONS. 
‘‘In this title: 
‘‘(1) BOARD.—The term ‘Board’ means 
the First Responder Grants Board estab-
lished under section 1803(f). 
‘‘(2) COVERED
GRANT.—The term ‘cov-
ered grant’ means any grant to which this 
title applies under section 1801. 
‘‘(3) ELEVATIONS IN THE THREAT ALERT 
LEVEL.—The term ‘elevations in the threat 
alert level’ means any designation (in-
cluding those that are less than national 
in scope) that raises the homeland secu-
rity threat level to either the highest or
second highest threat level under the 
Homeland Security Advisory System re-
ferred to in section 201(d)(7). 
‘‘(4) 
ESSENTIAL
CAPABILITIES.—The 
term ‘essential capabilities’ means the lev-
els, availability, and competence of emer-
gency personnel, planning, training, and 
equipment across a variety of disciplines 
needed to effectively and efficiently pre-
vent, prepare for, and respond to acts of 
terrorism 
consistent 
with 
established 
practices. 
‘‘(5) 
REGION.—The 
term 
‘region’ 
means— 
‘‘(A) any geographic area con-
sisting of all or parts of 2 or more con-
tiguous States, counties, municipali-
ties, or other local governments that 
have a combined population of at 
least 1,650,000 or have an area of not 
less than 20,000 square miles, and 
that, for purposes of an application 
for a covered grant, is represented by 
1 or more governments or govern-
mental agencies within such geo-
graphic area, and that is established 
by law or by agreement of 2 or more 
such governments or governmental 
agencies in a mutual aid agreement; 
or 
‘‘(B) any other combination of con-
tiguous local government units (in-
cluding such a combination estab-
lished by law or agreement of two or 
more governments or governmental 
agencies in a mutual aid agreement) 
that is formally certified by the Sec-
retary as a region for purposes of this 
Act with the consent of— 
‘‘(i) the State or States in 
which they are located, including 
a multi-State entity established by 
a compact between two or more 
States; and 
‘‘(ii) the incorporated munici-
palities, counties, and parishes 
which they encompass. 
‘‘(6) FIRST RESPONDER.—The term ‘first 
responder’ shall have the same meaning
100 
as the term ‘emergency response pro-
vider’.’’. 
(b) DEFINITION
OF EMERGENCY RESPONSE 
PROVIDERS.—Paragraph (6) of section 2 of the 
Homeland Security Act of 2002 (Public Law 
107–296; 6 U.S.C. 101(6)) is amended by strik-
ing ‘‘includes’’ and all that follows and insert-
ing ‘‘includes Federal, State, and local govern-
mental and nongovernmental emergency pub-
lic safety, law enforcement, fire, emergency re-
sponse, emergency medical (including hospital 
emergency facilities), and related personnel, 
organizations, agencies, and authorities.’’. 
(c) TEMPORARY
LIMITATION
ON
APPLICA-
TION.—The following provisions of title XVIII 
of the Homeland Security Act of 2002, as 
amended by subsection (a), shall not apply 
during the 2-year period beginning on the date 
of the enactment of this Act: 
(1) Subsections (b), (c), (e) (except 
paragraph (5) of such subsection), and 
(f)(3)(B) of section 1803. 
(2) Subparagraphs (D) and (E) of sec-
tion 1804(e)(4). 
(3) Section 1804(g)(3).
101 
SEC. 4. MODIFICATION OF HOMELAND SECURITY ADVISORY 
SYSTEM. 
(a) IN GENERAL.—Subtitle A of title II of the 
Homeland Security Act of 2002 (Public Law 
107–296; 6 U.S.C. 121 et seq.) is amended by 
adding at the end the following: 
‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. 
‘‘(a) IN GENERAL.—The Secretary shall re-
vise the Homeland Security Advisory System 
referred to in section 201(d)(7) to require that 
any designation of a threat level or other 
warning shall be accompanied by a designa-
tion of the geographic regions or economic sec-
tors to which the designation applies. 
‘‘(b) REPORTS.—The Secretary shall report 
to the Congress annually by not later than De-
cember 31 each year regarding the geographic 
region-specific warnings and economic sector- 
specific warnings issued during the preceding 
fiscal year under the Homeland Security Advi-
sory System referred to in section 201(d)(7), 
and the bases for such warnings. The report 
shall be submitted in unclassified form and 
may, 
as 
necessary, 
include 
a 
classified 
annex.’’.
102 
(b) CLERICAL AMENDMENT.—The table of 
contents in section 1(b) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 101 et seq.) is amend-
ed by inserting after the item relating to sec-
tion 202 the following: 
‘‘203. Homeland Security Advisory System.’’. 
SEC. 5. COORDINATION OF INDUSTRY EFFORTS. 
Section 102(f) of the Homeland Security 
Act of 2002 (Public Law 107–296; 6 U.S.C. 
112(f)) is amended by striking ‘‘and’’ after the 
semicolon at the end of paragraph (6), by 
striking the period at the end of paragraph (7) 
and inserting ‘‘; and’’, and by adding at the 
end the following: 
‘‘(8) 
coordinating 
industry 
efforts, 
with respect to functions of the Depart-
ment of Homeland Security, to identify 
private sector resources and capabilities 
that could be effective in supplementing 
Federal, State, and local government 
agency efforts to prevent or respond to a 
terrorist attack.’’. 
SEC. 6. SUPERSEDED PROVISION. 
This Act supersedes section 1014 of Public 
Law 107–56.
103 
SEC. 7. SENSE OF CONGRESS REGARDING INTEROPERABLE 
COMMUNICATIONS. 
(a) FINDING.—The Congress finds that— 
(1) many first responders working in 
the same jurisdiction or in different juris-
dictions cannot effectively and efficiently 
communicate with one another; and 
(2) their inability to do so threatens 
the public’s safety and may result in un-
necessary loss of lives and property. 
(b) SENSE OF CONGRESS.—It is the sense of 
the Congress that interoperable emergency 
communications systems and radios should 
continue to be deployed as soon as practicable 
for use by the first responder community, and 
that upgraded and new digital communica-
tions systems and new digital radios must 
meet prevailing national, voluntary consensus 
standards for interoperability. 
SEC. 8. SENSE OF CONGRESS REGARDING CITIZEN CORPS 
COUNCILS. 
(a) FINDING.—The Congress finds that Cit-
izen Corps councils help to enhance local cit-
izen participation in terrorism preparedness 
by coordinating multiple Citizen Corps pro-
grams, developing community action plans,
104 
assessing possible threats, and identifying 
local resources. 
(b) SENSE OF CONGRESS.—It is the sense of 
the Congress that individual Citizen Corps 
councils should seek to enhance the prepared-
ness and response capabilities of all organiza-
tions participating in the councils, including 
by providing funding to as many of their par-
ticipating organizations as practicable to pro-
mote local terrorism preparedness programs. 
SEC. 9. STUDY REGARDING NATIONWIDE EMERGENCY NO-
TIFICATION SYSTEM. 
(a) STUDY.—The Secretary of Homeland Se-
curity, in consultation with the heads of other 
appropriate Federal agencies and representa-
tives of providers and participants in the tele-
communications industry, shall conduct a 
study to determine whether it is cost-effective, 
efficient, or feasible to establish and imple-
ment an emergency telephonic alert notifica-
tion system that will— 
(1) alert persons in the United States 
of imminent or current hazardous events 
caused by acts of terrorism; and
105 
(2) provide information to individuals 
regarding appropriate measures that may 
be undertaken to alleviate or minimize 
threats to their safety and welfare posed 
by such events. 
(b) TECHNOLOGIES
TO CONSIDER.—In con-
ducting the study, the Secretary shall consider 
the use of the telephone, wireless communica-
tions, and other existing communications net-
works to provide such notification. 
(c) REPORT.—Not later than 9 months after 
the date of the enactment of this Act, the Sec-
retary shall submit to the Congress a report re-
garding the conclusions of the study. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—For the purpose of mak-
ing covered grants (as that term is defined in 
section 1806 of the Homeland Security Act of 
2002, as amended by this Act), there is author-
ized to be appropriated to the Secretary of 
Homeland Security $3,400,000,000 for fiscal 
year 2006. 
(b) METROPOLITAN MEDICAL RESPONSE SYS-
TEM.—In addition to the purpose specified in 
subsection (a), the authorization of appropria-
106 
tions in subsection (a) may be used for the Met-
ropolitan Medical Response System. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Faster and 
Smarter Funding for First Responders Act of 
2004’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The first responsibility of govern-
ments at all levels is to protect the lives 
and property of their citizens. 
(2) In order to achieve its objective of 
minimizing the damage, and assisting in 
the recovery, from major disasters and 
emergencies, including those caused by 
terrorist 
attacks, 
the 
Department 
of 
Homeland Security must play a leading 
role in assisting communities to reach 
the level of preparedness they need to re-
spond to a major disaster or emergency. 
(3) An all-hazards preparedness pro-
gram encourages governments at all lev-
els to develop flexible and consistent 
plans to prevent, prepare for, mitigate 
against, respond to, and recover from
107 
major disasters and emergencies, includ-
ing those caused by terrorist attacks. 
(4) Since 1979, the United States has 
developed a preparedness system that 
has enabled the Nation to effectively ad-
dress all disasters it has thus far faced. 
(5) The United States must build 
upon this foundation to better address 
acts of terrorism, particularly those in-
volving weapons of mass destruction, 
without degrading the ability to face 
other types of disasters. 
(6) The Nation’s first response capa-
bilities will be improved by sharing re-
sources, training, planning, personnel, 
and equipment among neighboring juris-
dictions through mutual aid agreements 
and regional cooperation. 
(7) Securing Indian reservations and 
tribal lands is an important part of the 
overall goal of securing the American 
homeland. Tribal governments should be 
encouraged to meet the same national 
goals for preparedness as State and local 
governments, and should be fully in-
108 
cluded in State and regional prepared-
ness plans. In order to achieve this goal, 
Indian tribes should have an opportunity 
to work and coordinate with States for 
the purposes of preparedness and fund-
ing. 
(8) 
An 
essential 
prerequisite 
to 
achieving the Nation’s homeland security 
objectives for first responders is the es-
tablishment of a well-defined national 
preparedness goal. This goal should de-
lineate the essential capabilities that 
every jurisdiction in the United States 
should possess or to which it should have 
access. 
(9) A national determination of essen-
tial capabilities is needed to identify lev-
els of State and local government pre-
paredness, to determine the nature and 
extent of State and local first responder 
needs, to identify the human and finan-
cial resources required to fulfill them, 
and to direct funding to meet those needs 
and to measure preparedness levels on a 
national scale.
109 
(10) Terrorists by their nature are un-
predictable, and therefore the Federal 
Government should support a strategy 
that provides a basic level of prepared-
ness to all States. 
(11) Private sector resources and cit-
izen volunteers can perform critical func-
tions in assisting in preventing and re-
sponding to major disasters and emer-
gencies, including those caused by ter-
rorist attacks, and should be integrated 
into State and local planning efforts to 
ensure that their capabilities and roles 
are understood, so as to provide en-
hanced State and local operational capa-
bility and surge capacity. 
(12) An important component of na-
tional standards is measurability, so that 
it is possible to determine how prepared 
a State or local government is now, and 
what additional steps it needs to take, in 
order to respond to major disasters and 
emergencies, including those caused by 
terrorist attacks.
110 
(13) The Department of Homeland Se-
curity should establish, publish, and reg-
ularly update national voluntary con-
sensus standards for both equipment and 
training, in cooperation with both public 
and private sector standard setting orga-
nizations, to assist State and local gov-
ernments in obtaining the equipment and 
training needed to attain the essential ca-
pabilities for first response to major dis-
asters and emergencies, including those 
caused by terrorist attacks, and to ensure 
that first responder funds are spent wise-
ly. 
SEC. 3. DEFINITIONS. 
(a) DEFINITION OF MAJOR DISASTER.—Sec-
tion 102(2) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 
U.S.C. 5122(2)) is amended to read as follows: 
‘‘(2) 
MAJOR
DISASTER.—The 
term 
‘major disaster’ means any natural catas-
trophe (including any hurricane, tornado, 
storm, high water, winddriven water, 
tidal wave, tsunami, earthquake, volcanic 
eruption, landslide, mudslide, snowstorm,
111 
or drought), or, regardless of cause, any 
fire, flood, explosion, act of terrorism, or 
other catastrophic event in any part of 
the United States, which in the deter-
mination of the President causes damage 
of sufficient severity and magnitude to 
warrant major disaster assistance under 
this Act to supplement the efforts and 
available resources of States, local gov-
ernments, and disaster relief organiza-
tions in alleviating the damage, loss, 
hardship, or suffering caused thereby.’’. 
(b) DEFINITION
OF EMERGENCY RESPONSE 
PROVIDERS.—Section 2(6) of the Homeland Se-
curity Act of 2002 (Public Law 107–296; 6 
U.S.C. 101(6)) is amended by inserting ‘‘fire,’’ 
after ‘‘law enforcement,’’. 
SEC. 4. NATIONAL PREPAREDNESS AND FUNDING FOR 
FIRST RESPONDERS. 
(a) IN GENERAL.—The Robert T. Stafford 
Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) is amended— 
(1) by redesignating title VII as title 
VIII;
112 
(2) by redesignating sections 701 
through 705 as sections 801 through 805, 
respectively; and 
(3) by inserting after title VI the fol-
lowing: 
‘‘TITLE 
VII—NATIONAL 
PRE-
PAREDNESS 
AND 
FUNDING 
FOR FIRST RESPONDERS 
‘‘SEC. 701. PURPOSES. 
‘‘The purposes of this title are— 
‘‘(1) to prepare the United States to 
prevent, mitigate, respond to, and re-
cover from major disasters and emer-
gencies, including those caused by ter-
rorist attacks; 
‘‘(2) to ensure federally funded pre-
paredness efforts are consistent with an 
all-hazards preparedness strategy; 
‘‘(3) to ensure effective coordination 
of Federal preparedness efforts; and 
‘‘(4) to provide preparedness assist-
ance to State and local authorities in a 
timely manner and provide for account-
ability with respect to the use of such as-
sistance.
113 
‘‘SEC. 702. DEFINITIONS. 
‘‘In this title, the following definitions 
apply: 
‘‘(1) COVERED GRANT.—The term ‘cov-
ered grant’ means a grant referred to in 
section 731. 
‘‘(2) DEPARTMENT.—The term ‘Depart-
ment’ means the Department of Home-
land Security. 
‘‘(3) ELEVATIONS IN THE THREAT ALERT 
LEVEL.—The term ‘elevations in the threat 
alert level’ means any designation (in-
cluding those that are less than national 
in scope) that raises the homeland secu-
rity threat level to either the highest or 
second highest threat level under the 
Homeland Security Advisory System re-
ferred to in section 201(d)(7) of the Home-
land Security Act of 2002 (6 U.S.C. 
121(d)(7)). 
‘‘(4) 
ESSENTIAL
CAPABILITIES.—The 
term ‘essential capabilities’ means the 
levels, availability, and competence of 
emergency personnel, planning, training, 
and equipment across a variety of dis-
ciplines needed to effectively and effi-
114 
ciently prevent, prepare for, and respond 
to major disasters and emergencies, in-
cluding those caused by terrorist attacks, 
consistent with established practices. 
‘‘(5) FIRST RESPONDER.—The term ‘first 
responder’ has the meaning such term 
has under section 2(6) of the Homeland 
Security Act of 2002 (Public Law 107–296; 
6 U.S.C. 101(6)). 
‘‘(6) 
HAZARD.—The 
term 
‘hazard’ 
means an emergency or disaster resulting 
from— 
‘‘(A) a natural disaster; or 
‘‘(B) an accidental or man-caused 
event, including a domestic terrorist 
attack. 
‘‘(7) NATIONAL
PREPAREDNESS
GOAL.— 
The term ‘national preparedness goal’ 
means the national domestic all-hazards 
preparedness goal developed under sec-
tion 711. 
‘‘(8) PREVENTION.—The term ‘preven-
tion’ means activities undertaken by the 
first responder community during the 
early stages of an incident to reduce the
115 
likelihood or consequences of threatened 
or actual terrorist attacks. The term does 
not include more general and broader ef-
forts to deter, disrupt, or thwart ter-
rorism. 
‘‘(9) SECRETARY.—The term ‘Secretary’ 
means the Secretary of Homeland Secu-
rity. 
‘‘(10) STATEWIDE PREPAREDNESS STRAT-
EGY.—The term ‘statewide preparedness 
strategy’ means a statewide comprehen-
sive all-hazards preparedness strategy 
prepared under section 714. 
‘‘(11) WEAPON OF MASS DESTRUCTION.— 
The term ‘weapon of mass destruction’ 
has the meaning such term has under 
section 1403 of the Defense Against Weap-
ons of Mass Destruction Act of 1996 (50 
U.S.C. 2302). 
‘‘Subtitle A—Preparedness Goals, 
Essential 
Capabilities, 
Stand-
ards, and Strategies 
‘‘SEC. 711. NATIONAL PREPAREDNESS GOAL. 
‘‘(a) DEVELOPMENT.—To help ensure the 
preparedness of the Nation to prevent, re-
116 
spond to, and recover from major disasters 
and emergencies, including those caused by 
terrorist attacks, the Secretary, in coordina-
tion with the heads of other appropriate Fed-
eral departments and agencies and in con-
sultation with State and local governments, 
shall develop a national domestic all-hazards 
preparedness goal not later than February 28, 
2005. 
‘‘(b) ELEMENTS.— 
‘‘(1) READINESS
PRIORITIES
AND
TAR-
GETS.—The national preparedness goal 
shall establish measurable readiness pri-
orities and targets that appropriately bal-
ance the potential threat and magnitude 
of major disasters and emergencies, in-
cluding those caused by terrorist attacks, 
with the resources required to prevent, 
respond to, and recover from such disas-
ters and emergencies. 
‘‘(2) READINESS METRICS AND MEASURES; 
ASSESSMENT
SYSTEM.—The national pre-
paredness goal shall include— 
‘‘(A) readiness metrics and meas-
ures, including standards for pre-
117 
paredness assessments and strategies; 
and 
‘‘(B) a system for assessing the 
Nation’s overall preparedness to re-
spond to major disasters and emer-
gencies, including those caused by 
terrorist attacks. 
‘‘(3) NATIONAL RESPONSE PLAN AND NA-
TIONAL
INCIDENT
MANAGEMENT
SYSTEM.— 
The national preparedness goal, to the 
greatest extent practicable, shall be con-
sistent with the National Response Plan 
and National Incident Management Sys-
tem. 
‘‘(c) ACTIVITIES OF FEDERAL DEPARTMENTS 
AND
AGENCIES.—Federal 
departments 
and 
agencies shall work to achieve the national 
preparedness goal by— 
‘‘(1) providing for effective, efficient, 
and timely delivery of Federal prepared-
ness assistance to State and local govern-
ments; and 
‘‘(2) supporting efforts to ensure first 
responders are prepared to respond to
118 
major disasters and emergencies, includ-
ing those caused by terrorist attacks. 
‘‘SEC. 712. ESSENTIAL CAPABILITIES FOR FIRST RESPOND-
ERS. 
‘‘(a) ESTABLISHMENT OF GUIDANCE ON ES-
SENTIAL CAPABILITIES.— 
‘‘(1) IN GENERAL.—Not later than Feb-
ruary 28, 2005, the Secretary shall estab-
lish guidance that clearly defines the es-
sential capabilities for State and local 
government preparedness for major dis-
asters and emergencies, including those 
caused by terrorist attacks. 
‘‘(2) PROVISION OF ESSENTIAL CAPABILI-
TIES.—The Secretary shall ensure that the 
guidance is provided promptly to the 
States and to Congress. The States shall 
make the guidance available as necessary 
and appropriate to local governments 
within their jurisdictions. 
‘‘(b) OBJECTIVES.—The Secretary shall en-
sure that the guidance established under sub-
section (a)(1) meets the following objectives: 
‘‘(1) SPECIFICITY.—The guidance spe-
cifically shall describe the training, plan-
119 
ning, personnel, and equipment that dif-
ferent types of communities in the Nation 
should possess, or to which they should 
have access, in order to meet the Depart-
ment’s national preparedness goals. 
‘‘(2) FLEXIBILITY.—The guidance shall 
be sufficiently flexible to allow State and 
local government officials to set priorities 
based on particular needs, while achiev-
ing nationally determined preparedness 
levels within a specified time period. 
‘‘(3) 
MEASURABILITY.—The 
guidance 
shall be designed to enable measurement 
of progress towards specific prepared-
ness levels. 
‘‘(c) THREATS TO BE CONSIDERED.— 
‘‘(1) IN GENERAL.—In establishing the 
guidance under subsection (a)(1), the Sec-
retary specifically shall consider the vari-
ables of risk, threat, vulnerability, and 
consequences with respect to the Nation’s 
population 
(including 
transient 
com-
muting and tourist populations) and crit-
ical infrastructure.
120 
‘‘(2) CRITICAL
INFRASTRUCTURE
SEC-
TORS.—In carrying out paragraph (1), the 
Secretary specifically shall consider risks 
to the following critical infrastructure 
sectors in all areas of the Nation, urban 
and rural: 
‘‘(A) Agriculture. 
‘‘(B) Banking and finance. 
‘‘(C) Chemical industries. 
‘‘(D) The defense industrial base. 
‘‘(E) Emergency services. 
‘‘(F) Energy. 
‘‘(G) Food. 
‘‘(H) Government. 
‘‘(I) 
Information 
and 
tele-
communications networks. 
‘‘(J) Postal and shipping. 
‘‘(K) Public health. 
‘‘(L) Transportation. 
‘‘(M) Water. 
‘‘(3) 
CONSIDERATION
OF
ADDITIONAL 
THREATS.—In carrying out paragraph (1), 
the Secretary shall take into account any 
other specific threat to a population (in-
cluding a transient commuting or tourist
121 
population) or critical infrastructure sec-
tor that the Secretary has determined to 
exist. 
‘‘SEC. 713. NATIONAL STANDARDS FOR FIRST RESPONDER 
EQUIPMENT AND TRAINING. 
‘‘(a) EQUIPMENT STANDARDS.— 
‘‘(1) IN GENERAL.—The Secretary shall 
develop, promulgate, and update as nec-
essary 
national 
voluntary 
consensus 
standards for first responder equipment 
intended for use in the field. Such stand-
ards— 
‘‘(A) 
shall 
support 
nationwide 
interoperability and other capabili-
ties consistent with the national pre-
paredness goal, including the safety 
and health of first responders; 
‘‘(B) shall be, to the maximum ex-
tent practicable, consistent with any 
existing voluntary consensus stand-
ards; 
‘‘(C) shall, to the maximum extent 
practicable, utilize technologies al-
ready certified by other departments 
and agencies of the United States;
122 
‘‘(D) shall take into account, as 
appropriate, threats that may not 
have been contemplated when such 
existing standards were developed; 
and 
‘‘(E) shall be focused on maxi-
mizing interoperability, interchange-
ability, 
durability, 
flexibility, 
effi-
ciency, efficacy, portability, sustain-
ability, and safety. 
‘‘(2) REQUIRED
CATEGORIES.—In car-
rying out paragraph (1), the Secretary 
shall specifically consider the following 
categories of first responder equipment: 
‘‘(A) Thermal imaging equipment. 
‘‘(B) Radiation detection and anal-
ysis equipment. 
‘‘(C) 
Biological 
detection 
and 
analysis equipment. 
‘‘(D) Chemical detection and anal-
ysis equipment. 
‘‘(E) Decontamination and steri-
lization equipment. 
‘‘(F) Personal protective equip-
ment, 
including 
garments, 
boots,
123 
gloves, and hoods and other protec-
tive clothing. 
‘‘(G) 
Respiratory 
protection 
equipment. 
‘‘(H) 
Interoperable 
communica-
tions, including wireless and wireline 
voice, video, and data networks. 
‘‘(I) Explosive mitigation devices 
and explosive detection and analysis 
equipment. 
‘‘(J) Containment vessels. 
‘‘(K) Contaminant-resistant vehi-
cles. 
‘‘(L) Such other equipment for 
which the Secretary determines that 
national voluntary consensus stand-
ards would be appropriate. 
‘‘(3) DEADLINE.—The Secretary shall 
promulgate initial standards under this 
subsection not later than September 30, 
2005. 
‘‘(b) TRAINING STANDARDS.— 
‘‘(1) IN GENERAL.—The Secretary shall 
support the development of, promulgate, 
and regularly update as necessary na-
124 
tional voluntary consensus standards for 
first responder training carried out with 
amounts provided under covered grant 
programs that will enable State and local 
government first responders to achieve 
optimal levels of preparedness as quickly 
as practicable. Such standards shall give 
priority to providing training in those 
areas where the Secretary has identified 
significant need, including training— 
‘‘(A) to prevent, prepare for, re-
spond to, and mitigate threats from 
chemical, biological, and radiological 
materials and explosive devices capa-
ble of inflicting significant human 
casualties; and 
‘‘(B) to familiarize first respond-
ers with the proper use of equipment, 
including software, developed pursu-
ant 
to 
the 
standards 
established 
under subsection (a). 
‘‘(2) REQUIRED
CATEGORIES.—In car-
rying out paragraph (1), the Secretary 
specifically shall include the following 
categories of first responder activities:
125 
‘‘(A) Regional planning. 
‘‘(B) Joint exercises. 
‘‘(C) Intelligence collection, anal-
ysis, and sharing. 
‘‘(D) Emergency notification of af-
fected populations. 
‘‘(E) Detection of biological, nu-
clear, 
radiological, 
and 
chemical 
weapons of mass destruction. 
‘‘(F) Such other activities for 
which the Secretary determines that 
national voluntary consensus train-
ing standards would be appropriate. 
‘‘(3) DEADLINE.—The Secretary shall 
promulgate initial standards under this 
subsection not later than September 30, 
2005. 
‘‘(c) CONSULTATION WITH STANDARDS ORGA-
NIZATIONS.—In establishing national voluntary 
consensus 
standards 
for 
first 
responder 
equipment and training under this section, 
the Secretary shall consult with relevant pub-
lic and private sector groups.
126 
‘‘SEC. 714. STATEWIDE PREPAREDNESS STRATEGIES. 
‘‘As a condition for receipt of a covered 
grant under subtitle B after September 30, 
2005, the Secretary shall require that a State 
develop a statewide comprehensive all-haz-
ards preparedness strategy that— 
‘‘(1) is consistent with the national 
preparedness goal and, as necessary, the 
State response plan; 
‘‘(2) demonstrates the extent to which 
the State has achieved the essential capa-
bilities that apply to the State; 
‘‘(3) 
demonstrates 
the 
additional 
needs of the State necessary to achieve 
the essential capabilities that apply to 
the State; 
‘‘(4) includes a prioritization of such 
additional needs based on risk, threat, 
vulnerability, and consequence assess-
ment factors applicable to the State; 
‘‘(5) describes how the State intends— 
‘‘(A) to address such additional 
needs at the city, county, tribal, re-
gional, State, and interstate level; 
‘‘(B) to use all Federal, State, and 
local resources available for the pur-
127 
pose of addressing such additional 
needs; and 
‘‘(C) to give particular emphasis 
to regional planning and cooperation, 
including the activities of multi-juris-
dictional planning agencies governed 
by local officials, both within its juris-
dictional borders and with neigh-
boring States; and 
‘‘(6) is developed in consultation with 
and subject to appropriate comment by 
local, regional, and tribal governments 
within the State. 
‘‘Subtitle B—Grant Programs 
‘‘SEC. 731. COVERED GRANTS. 
‘‘Under this subtitle, a covered grant is 
any grant under the following: 
‘‘(1) STATE HOMELAND SECURITY GRANT 
PROGRAM.—The State Homeland Security 
Grant Program of the Department or any 
successor to such grant program. 
‘‘(2) URBAN AREA SECURITY INITIATIVE.— 
The Urban Area Security Initiative of the 
Department or any successor to such 
grant program.
128 
‘‘SEC. 732. AWARD OF COVERED GRANTS. 
‘‘(a) GRANT ELIGIBILITY.—Beginning in fis-
cal year 2006, any State shall be eligible to 
apply for a covered grant. 
‘‘(b) GRANT CRITERIA.—In awarding cov-
ered grants, the Secretary shall carry out the 
national preparedness goal and assist State, 
tribal, and local governments in achieving es-
sential capabilities for first responders in ac-
cordance with the guidance developed under 
section 712. 
‘‘(c) APPLICATION FOR GRANT.— 
‘‘(1) IN GENERAL.—A State may apply 
for a covered grant by submitting to the 
Secretary an application at such time, in 
such manner, and containing such infor-
mation as is required under this sub-
section or as the Secretary may reason-
ably require. 
‘‘(2) MINIMUM
CONTENTS
OF
APPLICA-
TION.—The Secretary shall require that 
each State include in its application, at a 
minimum— 
‘‘(A) 
a 
statewide 
preparedness 
strategy that has been approved by 
the Secretary;
129 
‘‘(B) a description of the purpose 
for which the State seeks covered 
grant funds and the reasons why the 
State needs the covered grant to meet 
the essential capabilities for pre-
paredness within the State; 
‘‘(C) a description of how, by ref-
erence to the State’s statewide pre-
paredness strategy, the allocation of 
grant funding proposed in the appli-
cation, including, where applicable, 
the amount not passed through under 
section 733(e)(1), would assist in ful-
filling the essential capabilities speci-
fied in such strategy; 
‘‘(D) a statement of whether a mu-
tual aid agreement applies to the use 
of all or any portion of the covered 
grant funds; 
‘‘(E) a capital budget showing 
how the State intends to allocate and 
expend the covered grant funds; and 
‘‘(F) a statement of how the State 
intends to meet the matching require-
130 
ment, if any, that applies under sec-
tion 733(e)(2). 
‘‘(3) CONSISTENCY WITH STATE PLANS.— 
The Secretary shall ensure that each cov-
ered grant is used to supplement and 
support, in a consistent and coordinated 
manner, the applicable statewide pre-
paredness strategy. 
‘‘(4) EQUIPMENT STANDARDS.—If a State 
proposes to upgrade or purchase, with 
assistance provided under a covered 
grant, new equipment or systems that do 
not meet or exceed any applicable na-
tional voluntary consensus standard es-
tablished by the Secretary under section 
713(a), the State shall include in the ap-
plication an explanation of why such 
equipment or systems will serve the 
needs of the State better than equipment 
or systems that meet or exceed such 
standards. 
‘‘(d) DEADLINE FOR AWARD.—The Secretary 
shall make final determinations concerning 
the amount to be awarded to each State in 
covered grants for a fiscal year and award the
131 
grants as soon as practicable, but not later 
than June 30 of the fiscal year. 
‘‘(e) ALLOCATION.— 
‘‘(1) MINIMUM AMOUNTS.—Of the total 
amount 
made 
available 
for 
covered 
grants for a fiscal year, the Secretary 
shall award— 
‘‘(A) to each State (other than a 
State referred to in subparagraph 
(B)) not less than 0.55 percent; and 
‘‘(B) to each of the United States 
Virgin 
Islands, 
Guam, 
American 
Samoa, and the Commonwealth of the 
Northern Mariana Islands not less 
than 0.18 percent. 
‘‘(2) 
ALLOCATION
OF
REMAINING 
AMOUNTS.—In allocating amounts that re-
main available for covered grants for a 
fiscal year after setting aside amounts re-
quired under paragraph (1), the Sec-
retary shall prioritize applications based 
on the degree to which a grant to a State 
will— 
‘‘(A) lessen the risk, threat, vul-
nerability, and consequences of a
132 
major disaster or emergency, includ-
ing those caused by terrorist attacks, 
to persons and critical infrastructure; 
and 
‘‘(B) enhance or achieve the es-
sential capabilities of first responders 
in the State in accordance with the 
guidance developed under section 
712. 
‘‘(3) BASIS OF ALLOCATIONS.— 
‘‘(A) PUBLICATION.—The Secretary 
shall publish annually the basis on 
which funds are awarded under para-
graph (2). 
‘‘(B) 
LIMITATION
ON
STATUTORY 
CONSTRUCTION.—Nothing in this para-
graph shall be construed as requiring 
the Secretary to disclose any classi-
fied information or other sensitive in-
formation. 
‘‘SEC. 733. USE OF FUNDS AND ACCOUNTABILITY REQUIRE-
MENTS. 
‘‘(a) IN GENERAL.—A covered grant may be 
used for—
133 
‘‘(1) purchasing commercially avail-
able 
equipment 
that 
complies 
with, 
where applicable, national voluntary con-
sensus standards, and that facilitates 
interoperability, coordination, and inte-
gration between emergency communica-
tions systems, including— 
‘‘(A) mobile vehicles that contain 
equipment such as commercial tele-
phone trunk lines, VHF and UHF ra-
dios, patch panels, and crosspatches, 
among other technologies and equip-
ment; and 
‘‘(B) communications system over-
lay software and hardware that allow 
multiple disparate communications 
networks to act as one network; 
‘‘(2) purchasing or upgrading equip-
ment, including computer software, to en-
hance preparedness and response; 
‘‘(3) conducting exercises to strength-
en preparedness and response; 
‘‘(4) training, including training for 
prevention or detection of, preparedness 
for, or response to attacks involving
134 
weapons of mass destruction, including 
training in the use of equipment and 
computer software; 
‘‘(5) developing or updating response 
plans; 
‘‘(6) establishing or enhancing mecha-
nisms for sharing terrorism threat infor-
mation; 
‘‘(7) developing systems architecture 
and engineering, program planning and 
management, strategy formulation and 
strategic planning, life-cycle systems de-
sign, product and technology evaluation, 
and prototype development for prepared-
ness and response purposes; 
‘‘(8) paying the additional personnel 
costs resulting from— 
‘‘(A) elevations in the threat alert 
level of the Homeland Security Advi-
sory System; 
‘‘(B) travel to and participation in 
exercises and training in the use of 
equipment and on prevention activi-
ties; and
135 
‘‘(C) the temporary replacement 
of personnel during any period of 
travel to and participation in exer-
cises and training in the use of equip-
ment and on prevention activities; 
‘‘(9) paying the costs of equipment 
(including software) required to receive, 
transmit, handle, and store classified in-
formation; 
‘‘(10) constructing or enhancing facili-
ties to serve as emergency operations 
centers; 
‘‘(11) 
developing 
educational 
cur-
ricula for first responders to ensure that 
they are prepared for all hazards; 
‘‘(12) implementing training and exer-
cises to assist public elementary and sec-
ondary schools in developing and imple-
menting programs to instruct students 
regarding age-appropriate skills to pre-
pare for and respond to an act of ter-
rorism; 
‘‘(13) paying of administrative ex-
penses directly related to administration
136 
of the grant, but not to exceed 3 percent 
of the amount of the grant; and 
‘‘(14) other appropriate activities as 
determined by the Secretary. 
‘‘(b) PROHIBITED
USES.—Funds provided 
under covered grant may not be used— 
‘‘(1) to supplant State, tribal, or local 
funds; 
‘‘(2) to construct buildings or other 
physical facilities, except as provided in 
subsection (a)(10); 
‘‘(3) to acquire land; or 
‘‘(4) for any State, tribal, or local gov-
ernment cost sharing contribution. 
‘‘(c) ASSISTANCE REQUIREMENT.—The Sec-
retary may not request that equipment paid 
for, wholly or in part, with funds provided 
under covered grant be made available for re-
sponding to emergencies in surrounding 
States, reservations and tribal lands regions, 
and localities unless the Secretary undertakes 
to pay the costs directly attributable to trans-
porting and operating such equipment during 
such response.
137 
‘‘(d) 
FLEXIBILITY
IN
UNSPENT
GRANT 
FUNDS.—Upon request of a State, the Sec-
retary may authorize the State to transfer all 
or part of funds provided under a covered 
grant from uses specified in the grant agree-
ment to other uses authorized under this sec-
tion if the Secretary determines that such 
transfer is in furtherance of the statewide 
preparedness strategy. 
‘‘(e) STATE RESPONSIBILITIES.— 
‘‘(1) 
PASS-THROUGH.—The 
Secretary 
shall require a State to obligate or other-
wise make available to tribal and local 
governments, first responders, and other 
local groups, to the extent required 
under the statewide preparedness strat-
egy specified in the application for the 
grant, not less than 80 percent of the 
grant funds or resources purchased with 
the grant funds having a value equal to 
at least 80 percent of the amount of the 
grant, or a combination thereof, as soon 
as practicable but not later than 60 days 
after the date of receipt of the grant 
funds by the State. A State shall provide
138 
funds, 
or 
resources 
purchased 
with 
funds, made available under section 732 
directly to an Indian tribe. 
‘‘(2) CERTIFICATIONS
REGARDING
DIS-
TRIBUTION OF GRANT FUNDS TO LOCAL GOV-
ERNMENTS.—Any State that receives a cov-
ered grant shall certify to the Secretary 
that the State has made available for ex-
penditure by tribal and local govern-
ments, first responders, and other local 
groups the required amount of grant 
funds pursuant to paragraph (1). 
‘‘(3) REPORT ON PREPAREDNESS SPEND-
ING.—Each State shall submit a report to 
the Secretary not later than 60 days after 
the end of each fiscal year. Each report 
shall include the following: 
‘‘(A) The amount, ultimate recipi-
ents, and dates of receipt of all funds 
received under the grant during the 
previous fiscal year. 
‘‘(B) The amount and the dates of 
disbursements of all such funds ex-
pended in compliance with para-
graph (1) or pursuant to mutual aid
139 
agreements or other sharing arrange-
ments that apply within the State 
during the previous fiscal year. 
‘‘(C) How the funds were utilized 
by each ultimate recipient or bene-
ficiary during the preceding fiscal 
year. 
‘‘(D) The extent to which essential 
capabilities identified in the State’s 
statewide preparedness strategy were 
achieved or enhanced as the result of 
the expenditure of grant funds during 
the preceding fiscal year. 
‘‘(E) The extent to which essential 
capabilities identified in the State’s 
statewide preparedness strategy re-
main unmet. 
‘‘(4) INCLUSION
OF
RESTRICTED
AN-
NEXES.—A State may submit to the Sec-
retary an annex to the report under para-
graph (3) that is subject to appropriate 
handling restrictions, if the State believes 
that discussion in the report of unmet 
needs would reveal sensitive but unclas-
sified information.
140 
‘‘(5) PROVISION OF REPORTS.—The Sec-
retary shall ensure that each report 
under paragraph (3) is provided to the 
Under Secretary for Emergency Pre-
paredness and Response and the Director 
of the Office for Domestic Preparedness. 
‘‘(f) COST SHARING.— 
‘‘(1) IN GENERAL.—The Federal share 
of the costs of an activity carried out 
with a covered grant to a State awarded 
after the 2-year period beginning on the 
date of the enactment of this section shall 
not exceed 75 percent. 
‘‘(2) INTERIM RULE.— 
‘‘(A) IN
GENERAL.—The Federal 
share of the costs of an activity car-
ried out with a covered grant award-
ed before the end of the 2-year period 
beginning on the date of the enact-
ment of this section shall be 100 per-
cent. 
‘‘(B) LIMITATION.—This paragraph 
shall not apply to funds used for con-
struction or enhancement of facilities 
for emergency operations centers.
141 
‘‘(3) IN-KIND
MATCHING.—Each State 
may meet the matching requirement 
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 
any necessary personnel overtime, con-
tractor 
services, 
administrative 
costs, 
equipment fuel and maintenance, and 
rental space. 
‘‘SEC. 734. RESTRICTIONS ON EXISTING PROGRAMS. 
‘‘Determinations on the allocation, award, 
and use of grants made under the following 
programs shall be made in accordance with 
their authorizing statutes and without pri-
ority given to terrorism preparedness activi-
ties: 
‘‘(1) The fire grant programs author-
ized by sections 33 and 34 of the Federal 
Fire Prevention and Control Act of 1974 
(15 U.S.C. 2229; 2229a). 
‘‘(2) The Emergency Management Per-
formance Grant program and the Urban 
Search and Rescue Grants program au-
thorized by title VI of this Act.
142 
‘‘(3) The Earthquake Hazards Reduc-
tion Act of 1977 (42 U.S.C. 7701 et seq.). 
‘‘SEC. 735. AUTHORIZATION OF APPROPRIATIONS. 
For making covered grants under this 
subtitle, there is authorized to be appro-
priated to the Secretary of Homeland Security 
$3,400,000,000 for fiscal year 2006, and such 
sums as may be necessary for each of fiscal 
years 2007 through 2009. 
‘‘Subtitle C—Reporting and Other 
Requirements 
‘‘SEC. 751. REQUIRED COORDINATION. 
‘‘The Secretary shall ensure that there is 
effective and ongoing coordination of Federal 
preparedness and response efforts for major 
disasters and emergencies, including those 
caused by terrorist attacks, among the divi-
sions of the Department, including the Emer-
gency Preparedness and Response Direc-
torate and the Office of State and Local Gov-
ernment Preparedness and Coordination. 
‘‘SEC. 752. ANNUAL REPORTS TO CONGRESS. 
‘‘(a) IN
GENERAL.—Not later than Sep-
tember 30, 2005, and annually thereafter, the 
Secretary shall transmit to Congress an an-
143 
nual report on the Nation’s level of prepared-
ness, including State capabilities, the readi-
ness of Federal civil response assets, and the 
utilization of mutual-aid agreements. 
‘‘(b) CONTENTS.—Each report shall in-
clude— 
‘‘(1) an assessment of how the Federal 
first responder preparedness assistance 
programs support the national prepared-
ness goal; 
‘‘(2) an estimate of the amount of Fed-
eral, State, tribal, and local expenditures 
required to attain the essential capabili-
ties established under section 712(a); 
‘‘(3) a detailed description of the 
amount of Federal funds provided as cov-
ered grants that were directed to each 
State in the preceding fiscal year; 
‘‘(4) information on the use of such 
grant funds by grantees; and 
‘‘(5) a description on a nationwide 
and State-by-State basis— 
‘‘(A) the extent to which essential 
capabilities identified in applicable 
statewide preparedness strategy were
144 
created or enhanced as the result of 
the expenditure of covered grant 
funds during the preceding fiscal 
year; and 
‘‘(B) the extent to which essential 
capabilities identified in applicable 
statewide preparedness strategy re-
main unmet. 
‘‘(6) USE
OF
QUANTIFIABLE
PERFORM-
ANCE MEASUREMENT.—Each report shall be 
based on quantifiable performance meas-
urements.’’. 
SEC. 5. MODIFICATION OF HOMELAND SECURITY ADVI-
SORY SYSTEM. 
(a) IN GENERAL.—Subtitle A of title II of 
the Homeland Security Act of 2002 (Public 
Law 107–296; 6 U.S.C. 121 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. 
‘‘(a) IN GENERAL.—The Secretary shall re-
vise the Homeland Security Advisory System 
referred to in section 201(d)(7) to require that 
any designation of a threat level or other 
warning shall be accompanied by a designa-
145 
tion of the geographic regions or economic 
sectors to which the designation applies. 
‘‘(b) REPORTS.—The Secretary shall report 
to the Congress annually by not later than De-
cember 31 each year regarding the geo-
graphic region-specific warnings and eco-
nomic sector-specific warnings issued during 
the preceding fiscal year under the Homeland 
Security Advisory System referred to in sec-
tion 201(d)(7), and the bases for such warn-
ings. The report shall be submitted in unclas-
sified form and may, as necessary, include a 
classified annex.’’. 
(b) CLERICAL AMENDMENT.—The table of 
contents in section 1(b) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 101 et seq.) is amend-
ed by inserting after the item relating to sec-
tion 202 the following: 
‘‘203. Homeland Security Advisory System.’’. 
SEC. 6. COORDINATION OF INDUSTRY EFFORTS. 
Section 102(f) of the Homeland Security 
Act of 2002 (Public Law 107–296; 6 U.S.C. 
112(f)) is amended by striking ‘‘and’’ after the 
semicolon at the end of paragraph (6), by 
striking the period at the end of paragraph (7)
146 
and inserting ‘‘; and’’, and by adding at the 
end the following: 
‘‘(8) coordinating industry efforts to 
identify private sector resources and ca-
pabilities that could be effective in 
supplementing Federal, State, and local 
government agency efforts to prevent or 
respond to a terrorist attack.’’. 
SEC. 7. SENSE OF CONGRESS REGARDING INTEROPERABLE 
COMMUNICATIONS. 
(a) FINDING.—The Congress finds that— 
(1) many first responders working in 
the same jurisdiction or in different juris-
dictions cannot effectively and efficiently 
communicate with one another; and 
(2) their inability to do so threatens 
the public’s safety and may result in un-
necessary loss of lives and property. 
(b) SENSE OF CONGRESS.—It is the sense of 
the Congress that it is of national importance 
that interoperable emergency communica-
tions systems that to the extent possible meet 
national 
voluntary 
consensus 
standards 
should be developed and promulgated as soon
147 
as practicable for use by the first responder 
community. 
SEC. 8. SENSE OF CONGRESS REGARDING CITIZEN CORPS 
COUNCILS. 
(a) FINDING.—The Congress finds that Cit-
izen Corps councils help to enhance local cit-
izen participation in terrorism preparedness 
by coordinating multiple Citizen Corps pro-
grams, developing community action plans, 
assessing possible threats, and identifying 
local resources. 
(b) SENSE OF CONGRESS.—It is the sense of 
the Congress that individual Citizen Corps 
councils should seek to enhance the prepared-
ness and response capabilities of all organiza-
tions participating in the councils, including 
by providing funding to as many of their par-
ticipating organizations as practicable to pro-
mote local terrorism preparedness programs. 
SEC. 9. STUDY REGARDING NATIONWIDE EMERGENCY NO-
TIFICATION SYSTEM. 
(a) STUDY.—The Secretary of Homeland 
Security, in consultation with the heads of 
other appropriate Federal agencies and rep-
resentatives of providers and participants in
148 
the telecommunications industry, shall con-
duct a study to determine whether it is cost- 
effective, efficient, or feasible to establish and 
implement an emergency telephonic alert no-
tification system that will— 
(1) alert persons in the United States 
of imminent or current hazardous events 
caused by acts of terrorism; and 
(2) provide information to individuals 
regarding appropriate measures that may 
be undertaken to alleviate or minimize 
threats to their safety and welfare posed 
by such events. 
(b) TECHNOLOGIES TO CONSIDER.—In con-
ducting the study, the Secretary shall con-
sider the use of the telephone, wireless com-
munications, and other existing communica-
tions networks to provide such notification. 
(c) REPORT.—Not later than 9 months after 
the date of the enactment of this Act, the Sec-
retary shall submit to the Congress a report 
regarding the conclusions of the study. 
SEC. 10. SENSE OF CONGRESS. 
It is the sense of Congress that for pur-
poses of emergency planning—
149 
(1) lack of sufficient bandwidth can 
have detrimental consequences for State 
and local governments during times of 
crisis; 
(2) 
State 
and 
local 
governments 
should understand how communication 
networks will perform in emergencies by 
analyzing the experience of end users; 
and 
(3) 
State 
and 
local 
governments 
should look into expanding bandwidth ef-
ficiency by using cost effective means 
such as incorporating bandwidth alloca-
tion tools into their networks to ensure 
proper communication is available dur-
ing times of crisis. 
[SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
[(a) SHORT TITLE.—This Act may be cited as the 
‘‘Faster and Smarter Funding for First Responders Act of 
2004’’. 
[(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
[Sec. 1. Short title; table of contents. 
[Sec. 2. Findings. 
[Sec. 3. Faster and Smarter Funding for First Responders. 
[‘‘TITLE XVIII—FUNDING FOR FIRST RESPONDERS 
[‘‘1801. Faster and smarter funding for first responders.
150 
[‘‘1802. Essential capabilities for first responders. 
[‘‘1803. Task Force on Essential Capabilities for First Responders. 
[‘‘1804. Covered grant eligibility and criteria. 
[‘‘1805. Use of funds and accountability requirements. 
[‘‘1806. National standards for first responder equipment and training. 
[‘‘1807. Definitions. 
[Sec. 4. Modification of Homeland Security Advisory System. 
[‘‘Sec. 203. Homeland Security Advisory System. 
[Sec. 5. Coordination of industry efforts. 
[Sec. 6. Superseded provision. 
[Sec. 7. Sense of Congress regarding interoperable communications. 
[Sec. 8. Sense of Congress regarding Citizen Corps councils. 
[Sec. 9. Study regarding nationwide emergency notification system. 
[Sec. 10. Authorization of appropriations. 
[Sec. 11. Authority to enter into contracts and issue Federal loan guarantees. 
[SEC. 2. FINDINGS. 
[The Congress finds the following: 
[(1) In order to achieve its objective of mini-
mizing the damage, and assisting in the recovery, 
from terrorist attacks, the Department of Homeland 
Security must play a leading role in assisting com-
munities to reach the level of preparedness they need 
to respond to a terrorist attack. 
[(2) First responder funding is not reaching the 
men and women of our Nation’s first response teams 
quickly enough, and sometimes not at all. 
[(3) To reform the current bureaucratic process 
so that homeland security dollars reach the first re-
sponders who need it most, it is necessary to clarify 
and consolidate the authority and procedures of the 
Department of Homeland Security to support first re-
sponders.
151 
[(4) Ensuring adequate resources for the new na-
tional mission of homeland security requires a dis-
crete and separate grant making process for homeland 
security funds for first response to terrorist acts, on 
the one hand, and for first responder programs de-
signed to meet pre-9/11 priorities, on the other. 
[(5) Homeland security grants to first responders 
must be based on the best intelligence concerning the 
capabilities and intentions of our terrorist enemies, 
and that intelligence must be used to target resources 
to the Nation’s greatest risks, vulnerabilities, and con-
sequences. 
[(6) The Nation’s first response capabilities will 
be improved by sharing resources, training, planning, 
personnel, and equipment among neighboring juris-
dictions through mutual aid agreements and regional 
cooperation. Such regional cooperation should be sup-
ported, where appropriate, through direct grants from 
the Department of Homeland Security. 
[(7) An essential prerequisite to achieving the 
Nation’s homeland security objectives for first re-
sponders is the establishment of well-defined national 
goals for terrorism preparedness. These goals should 
delineate the essential capabilities that every jurisdic-
152 
tion in the United States should possess or to which 
it should have access. 
[(8) A national determination of essential capa-
bilities is needed to identify levels of State and local 
government terrorism preparedness, to determine the 
nature and extent of State and local first responder 
needs, to identify the human and financial resources 
required to fulfill them, and to direct funding to meet 
those needs and to measure preparedness levels on a 
national scale. 
[(9) To facilitate progress in attaining essential 
capabilities for State and local first responders, the 
Department of Homeland Security should seek to allo-
cate homeland security funding for first responders to 
meet nationwide needs. 
[(10) Private sector resources and citizen volun-
teers can perform critical functions in assisting in 
preventing and responding to terrorist attacks, and 
should be integrated into State and local planning ef-
forts to ensure that their capabilities and roles are 
understood, so as to provide enhanced State and local 
operational capability and surge capacity. 
[(11) Public-private partnerships, such as the 
partnerships between the Business Executives for Na-
tional Security and the States of New Jersey and
153 
Georgia, can be useful to identify and coordinate pri-
vate sector support for State and local first respond-
ers. Such models should be expanded to cover all 
States and territories. 
[(12) An important component of national 
standards is measurability, so that it is possible to 
determine how prepared a State or local government 
is now, and what additional steps it needs to take, in 
order to respond to acts of terrorism. 
[(13) The Department of Homeland Security 
should establish, publish, and regularly update na-
tional voluntary consensus standards for both equip-
ment and training, in cooperation with both public 
and private sector standard setting organizations, to 
assist State and local governments in obtaining the 
equipment and training to attain the essential capa-
bilities for first response to acts of terrorism, and to 
ensure that first responder funds are spent wisely. 
[SEC. 3. FASTER AND SMARTER FUNDING FOR FIRST RE-
SPONDERS. 
[(a) IN GENERAL.—The Homeland Security Act of 
2002 (Public Law 107–296; 6 U.S.C. 361 et seq.) is amend-
ed— 
[(1) in section 1(b) in the table of contents by 
adding at the end the following:
154 
‘‘TITLE XVIII—FUNDING FOR FIRST RESPONDERS 
[‘‘1801. Faster and smarter funding for first responders. 
[‘‘1802. Essential capabilities for first responders. 
[‘‘1803. Task Force on Essential Capabilities for First Responders. 
[‘‘1804. Covered grant eligibility and criteria. 
[‘‘1805. Use of funds and accountability requirements. 
[‘‘1806. National standards for first responder equipment and training. 
[‘‘1807. Definitions.’’; and 
[(2) by adding at the end the following: 
[‘‘TITLE XVIII—FUNDING FOR 
FIRST RESPONDERS 
[‘‘SEC. 1801. FASTER AND SMARTER FUNDING FOR FIRST 
RESPONDERS. 
[‘‘(a) COVERED GRANTS.—This title applies to any 
grant provided by the Department to States, regions, or di-
rectly eligible tribes to improve the ability of first respond-
ers to prevent, prepare for, respond to, or mitigate threat-
ened or actual terrorist attacks, especially those involving 
weapons of mass destruction, and including any grant 
under the following: 
[‘‘(1) STATE HOMELAND SECURITY GRANT PRO-
GRAM.—The State Homeland Security Grant Pro-
gram of the Department, or any successor to such 
grant program. 
[‘‘(2) URBAN AREA SECURITY INITIATIVE.—The 
Urban Area Security Initiative of the Department, or 
any successor to such grant program.
155 
[‘‘(b) EXCLUDED PROGRAMS.—This title does not 
apply to or otherwise affect the following Federal grant pro-
grams or any grant under such a program: 
[‘‘(1) NONDEPARTMENT
PROGRAMS.—Any Fed-
eral grant program that is not administered by the 
Department. 
[‘‘(2) FIRE GRANT PROGRAMS.—The fire grant 
programs authorized by sections 33 and 34 of the 
Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229, 2229a). 
[‘‘(3) EMERGENCY MANAGEMENT PLANNING AND 
ASSISTANCE
ACCOUNT
GRANTS.—The 
Emergency 
Management Performance Grant program and the 
Urban Search and Rescue Grants program authorized 
by title VI of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5195 et 
seq.); the Departments of Veterans Affairs and Hous-
ing and Urban Development, and Independent Agen-
cies Appropriations Act, 2000 (113 Stat. 1047 et 
seq.); and the Earthquake Hazards Reduction Act of 
1977 (42 U.S.C. 7701 et seq.). 
[‘‘SEC. 1802. ESSENTIAL CAPABILITIES FOR FIRST RE-
SPONDERS. 
[‘‘(a) ESTABLISHMENT
OF
ESSENTIAL
CAPABILI-
TIES.—
156 
[‘‘(1) IN GENERAL.—The Secretary shall estab-
lish clearly defined essential capabilities for State and 
local government preparedness for terrorism, in con-
sultation with— 
[‘‘(A) the Task Force on Essential Capabili-
ties for First Responders established under sec-
tion 1803; 
[‘‘(B) the Under Secretaries for Emergency 
Preparedness and Response, Border and Trans-
portation Security, Information Analysis and 
Infrastructure Protection, and Science and Tech-
nology, and the Director of the Office for Domes-
tic Preparedness; 
[‘‘(C) other appropriate Federal agencies; 
[‘‘(D) State and local first responder agen-
cies and officials; and 
[‘‘(E) groups responsible for setting stand-
ards relevant to the first responder community. 
[‘‘(2) DEADLINES.—The Secretary shall— 
[‘‘(A) establish essential capabilities under 
paragraph (1) within 30 days after receipt of the 
initial submission of a final report under section 
1803(c)(2); and
157 
[‘‘(B) regularly update such essential capa-
bilities as necessary, but not less than every 3 
years. 
[‘‘(3) PROVISION OF ESSENTIAL CAPABILITIES.— 
The Secretary shall ensure that essential capabilities 
established under paragraph (1) are provided prompt-
ly to the States and to the Congress. The States shall 
make the essential capabilities available as necessary 
and appropriate to local governments within their ju-
risdictions. 
[‘‘(b) OBJECTIVES.—The Secretary shall ensure that 
essential capabilities established under subsection (a)(1) 
meet the following objectives: 
[‘‘(1) SPECIFICITY.—The determination of essen-
tial capabilities specifically shall describe the train-
ing, planning, personnel, and equipment that dif-
ferent types of communities in the Nation should pos-
sess, or to which they should have access, in order to 
meet the Department’s goals for terrorism prepared-
ness based upon— 
[‘‘(A) the most current risk assessment 
available by the Directorate for Information 
Analysis and Infrastructure Protection of the 
threats of terrorism against the United States; 
and
158 
[‘‘(B) the types of threats, vulnerabilities, 
geography, size, and other factors that the Sec-
retary has determined to be applicable to each 
different type of community. 
[‘‘(2) FLEXIBILITY.—The establishment of essen-
tial capabilities shall be sufficiently flexible to allow 
State and local government officials to set priorities 
based on particular needs, while reaching nationally 
determined terrorism preparedness levels within a 
specified time period. 
[‘‘(3) MEASURABILITY.—The establishment of es-
sential capabilities shall be designed to enable meas-
urement of progress towards specific terrorism pre-
paredness goals. 
[‘‘(c) THREATS TO BE CONSIDERED.— 
[‘‘(1) IN GENERAL.—In establishing essential ca-
pabilities under subsection (a)(1), the Secretary spe-
cifically shall consider the variables of threat, vulner-
ability, and consequences with respect to the Nation’s 
population (including transient commuting and tour-
ist populations) and critical infrastructure. Such con-
sideration shall be based upon the most current risk 
assessment available by the Directorate for Informa-
tion Analysis and Infrastructure Protection of the 
threats of terrorism against the United States.
159 
[‘‘(2) CRITICAL
INFRASTRUCTURE
SECTORS.— 
The Secretary specifically shall consider threats of 
terrorism against the following critical infrastructure 
sectors in all areas of the Nation, urban and rural: 
[‘‘(A) Agriculture. 
[‘‘(B) Banking and finance. 
[‘‘(C) Chemical industries. 
[‘‘(D) The defense industrial base. 
[‘‘(E) Emergency services. 
[‘‘(F) Energy. 
[‘‘(G) Food. 
[‘‘(H) Government. 
[‘‘(I) Postal and shipping. 
[‘‘(J) Public health. 
[‘‘(K) Information and telecommunications 
networks. 
[‘‘(L) Transportation, ports, and con-
tainers. 
[‘‘(M) Water. 
[‘‘(N) Courts and justice facilities. 
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.
160 
[‘‘(3) 
CONSIDERATION
OF
ADDITIONAL 
THREATS.—In 
establishing 
essential 
capabilities 
under subsection (a)(1), the Secretary shall take into 
account any other specific threat to a population (in-
cluding a transient commuting or tourist population) 
or critical infrastructure sector that the Secretary has 
determined to exist. 
[‘‘SEC. 1803. TASK FORCE ON ESSENTIAL CAPABILITIES FOR 
FIRST RESPONDERS. 
[‘‘(a) ESTABLISHMENT.—To assist the Secretary in es-
tablishing essential capabilities under section 1802(a)(1), 
the Secretary shall establish an advisory body to be known 
as the Task Force on Essential Capabilities for First Re-
sponders not later than 60 days after the date of the enact-
ment of this section. 
[‘‘(b) DRAFT REPORT.— 
[‘‘(1) IN GENERAL.—The Task Force shall sub-
mit to the Secretary, not later than one year after its 
establishment by the Secretary under subsection (a) 
and every 3 years thereafter, a draft report on its rec-
ommendations for the essential capabilities all State 
and local government first responders should possess, 
or to which they should have access, to enhance ter-
rorism preparedness, including— 
[‘‘(A) to prevent a terrorist attack;
161 
[‘‘(B) to protect persons and critical infra-
structure against attack; and 
[‘‘(C) to enhance terrorism response and 
mitigation capabilities if such an attack occurs. 
[‘‘(2) THREATS TO BE CONSIDERED IN DETER-
MINING ESSENTIAL CAPABILITIES.— 
[‘‘(A) IN
GENERAL.—In reporting to the 
Secretary on its recommendations for essential 
capabilities, the Task Force specifically shall 
consider the critical infrastructure sectors de-
scribed in section 1802(c)(2), and the threats to 
populations in all areas of the Nation, urban 
and rural, including the following: 
[‘‘(i) Biological threats. 
[‘‘(ii) Nuclear threats. 
[‘‘(iii) Radiological threats. 
[‘‘(iv) Incendiary threats. 
[‘‘(v) Chemical threats. 
[‘‘(vi) Explosives. 
[‘‘(vii) Suicide bombers. 
[‘‘(viii) Cyber threats. 
[‘‘(ix) Any other threats based on prox-
imity to specific past acts of terrorism or 
the known activity of any terrorist group.
162 
[‘‘(B) NO PRIORITY.—The order in which 
the threats are listed in subparagraph (A) shall 
not be construed as an order of priority for con-
sideration of the importance of such threats. 
[‘‘(3) RISK-BASED.—The draft report shall be 
based upon the most current risk assessment available 
by the Directorate for Information Analysis and In-
frastructure Protection of the threats of terrorism 
against the United States provided to the Task Force 
pursuant to subsection (d). 
[‘‘(4) CONTENTS.—The draft 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-
163 
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 
terrorism preparedness capabilities of first re-
sponders; and 
[‘‘(E) include such revisions to the contents 
of past reports as are necessary to take into ac-
count 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. 
[‘‘(c) REVIEW AND REVISION OF DRAFT REPORT.— 
[‘‘(1) REVIEW AND COMMENTS.—Within 30 days 
after the date of the submission of the draft report by 
the Task Force under subsection (b), the Secretary 
shall review and provide comments to the Task Force 
on the contents of the draft report. 
[‘‘(2) REVISION AND SUBMISSION OF FINAL RE-
PORT.—Within 30 days after receiving the Secretary’s 
comments, the Task Force shall— 
[‘‘(A) revise its draft report based on the 
comments provided by the Secretary, and any 
other comments it has solicited and received, if
164 
the Task Force determines that such revisions are 
appropriate; and 
[‘‘(B) submit the final report on essential 
capabilities to the Secretary and to the Congress. 
[‘‘(d) TASK FORCE ACCESS TO INFORMATION.— 
[‘‘(1) SECURITY CLEARANCES.—For purposes of 
carrying out its responsibilities under this section, the 
Task Force shall be provided as a matter of priority 
appropriate security clearances, including interim se-
curity clearances. 
[‘‘(2) ACCESS TO FINISHED INTELLIGENCE.—For 
purposes of carrying out its responsibilities under this 
section, the Task Force shall be provided access to all 
finished intelligence and analytic products it may re-
quest from the Directorate for Information Analysis 
and Infrastructure Protection or other sources within 
the Department concerning the nature and likelihood 
of terrorist attacks on the territory of the United 
States. 
[‘‘(3) ACCESS TO ASSESSMENT TOOLS.—For pur-
poses of carrying out its responsibilities under this 
section, the Task Force shall be provided access to all 
tools or methodologies currently or formerly used by 
the Department and its predecessor organizations to
165 
assess the preparedness capabilities of State and local 
governments. 
[‘‘(4) VALID CLEARANCES.—Nothing in this sec-
tion shall be considered to authorize a member of the 
Task Force to have access to classified information 
unless that member possesses a valid clearance to re-
ceive such information. 
[‘‘(e) MEMBERSHIP.— 
[‘‘(1) IN GENERAL.—The Task Force shall consist 
of 25 members appointed by the Secretary, and 
shall— 
[‘‘(A) represent a cross section of first re-
sponder disciplines; and 
[‘‘(B) include both State and local rep-
resentatives within each discipline. 
[‘‘(2) TERM
OF
MEMBERS.—Each appointed 
member of the Task Force shall serve for a term not 
to exceed 18 months. No individual may be appointed 
as a member of the Task Force for more than 2 terms. 
[‘‘(3) SELECTION OF MEMBERS.—The Secretary 
shall include in the membership of the Task Force— 
[‘‘(A) members selected from the emergency 
response field, including firefighters and law en-
forcement, hazardous materials response, emer-
gency medical services, and emergency manage-
166 
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 firefighting, law en-
forcement, and emergency medical services deliv-
ery; and 
[‘‘(D) State and local officials with exper-
tise in terrorism preparedness, subject to the con-
dition that if any such officials are elected offi-
cials, an equal number shall be selected from 
each of the two major political parties. 
[‘‘(4) EX
OFFICIO
MEMBERS.—The Secretary 
shall designate one or more officers of the Department 
to serve as ex officio members of the Task Force, one
167 
of whom shall be the designated officer of the Federal 
Government for purposes of subsection (e) of section 
10 of the Federal Advisory Committee Act. 
[‘‘(5) DIVERSITY
IN
COMPOSITION
OF
TASK 
FORCE.—In appointing members to the Task Force, 
the Secretary shall ensure, to the extent practicable, 
that its membership— 
[‘‘(A) is geographically diverse; 
[‘‘(B) includes representatives from both 
rural and urban jurisdictions; 
[‘‘(C) includes representatives from both 
management and labor; 
[‘‘(D) includes representatives from both 
uniformed and nonuniformed professions; 
[‘‘(E) includes representatives from both 
voluntary and professional services; 
[‘‘(F) includes representatives from both 
government and nongovernment emergency med-
ical services; and 
[‘‘(G) includes sufficient personnel with se-
curity clearances necessary to review classified 
materials that may be needed to conduct the 
business of the Task Force. 
[‘‘(6) CHAIR.—At the first meeting of the Task 
Force, the membership of the Task Force appointed
168 
under paragraph (3) shall elect a chair of the Task 
Force. 
[‘‘(f) MEETINGS.—The Task Force shall meet as often 
as necessary to complete reports in accordance with this sec-
tion. 
[‘‘(g) PAY.— 
[‘‘(1) IN GENERAL.—Members of the Task Force 
shall serve without pay by reason of their work on the 
Task Force. 
[‘‘(2) FEDERAL
OFFICERS
AND
EMPLOYEES.— 
Members of the Task Force who are officers or em-
ployees of the United States shall receive no addi-
tional pay by reason of their service as a member of 
the Task Force. 
[‘‘(h) TRAVEL EXPENSES.—Members of the Task Force 
shall be allowed travel expenses, including per diem in lieu 
of subsistence, at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places of 
business in the performance of services for the Task Force. 
[‘‘(i) SERVICES, FUNDS, AND STAFF.—The Secretary 
shall provide to the Task Force, on a non-reimbursable 
basis, such administrative services, funds, staff, facilities, 
and other support services as the Secretary determines nec-
essary, in consultation with the chair of the Task Force,
169 
for the Task Force to perform its duties efficiently and in 
accordance with this section. 
[‘‘(j) DETAILS.—Upon the request of the Task Force, 
the Secretary may detail, without reimbursement, any per-
sonnel of the Department to assist the Task Force in car-
rying out its duties. Any such detail of an employee shall 
be without interruption or loss of civil service status or 
privilege. 
[‘‘(k) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.), including subsections (a), (b), and (d) of sec-
tion 10 of such Act, and section 552b(c) of title 5, United 
States Code, shall apply to the Task Force. 
[‘‘SEC. 1804. COVERED GRANT ELIGIBILITY AND CRITERIA. 
[‘‘(a) GRANT ELIGIBILITY.—Any State, region, or di-
rectly eligible tribe shall be eligible to apply for a covered 
grant. 
[‘‘(b) AWARDING GRANTS.— 
[‘‘(1) CRITERIA.—In awarding covered grants, 
the Secretary shall assist States and local govern-
ments in achieving the essential capabilities for first 
responders established by the Secretary under section 
1802. 
[‘‘(2) 
THREAT
ASSESSMENTS.—In 
assessing 
threats for purposes of awarding covered grants, the
170 
credibility of the threat shall be weighted more than 
population concentration or critical infrastructure or 
any other consideration. 
[‘‘(c) STATE HOMELAND SECURITY PLANS.— 
[‘‘(1) SUBMISSION
OF
PLANS.—The Secretary 
shall require that any State applying to the Secretary 
for a covered grant must submit to the Secretary a 
3-year State homeland security plan that— 
[‘‘(A) demonstrates the extent to which the 
State has achieved the essential capabilities that 
apply to the State, and describes the extent to 
which the State used the methodology developed 
pursuant to section 1803(b)(4)(B) to evaluate the 
level of its essential capabilities; 
[‘‘(B) demonstrates the additional needs of 
the State necessary to achieve the essential capa-
bilities that apply to the State; 
[‘‘(C) includes a prioritization of such addi-
tional needs based on threat, vulnerability, and 
consequence assessment factors applicable to the 
State; 
[‘‘(D) describes how the State intends— 
[‘‘(i) to address such additional needs 
at the city, county, regional, State, and
171 
interstate level, and with respect to any In-
dian tribes within its boundaries; 
[‘‘(ii) to use all Federal, State, and 
local resources available for the purpose of 
addressing such additional needs; and 
[‘‘(iii) to give particular emphasis to 
regional planning and cooperation, both 
within its jurisdictional borders and with 
neighboring States; and 
[‘‘(E) is developed in consultation with and 
subject to appropriate comment by local govern-
ments within the State. 
[‘‘(2) APPROVAL BY SECRETARY.—The Secretary 
may not award any covered grant to a State unless 
the Secretary has approved the applicable State home-
land security plan. 
[‘‘(d) CONSISTENCY WITH STATE PLANS.—The Sec-
retary shall ensure that each covered grant is used to sup-
plement and support, in a consistent and coordinated man-
ner, the applicable State homeland security plan or plans. 
[‘‘(e) APPLICATION FOR GRANT.— 
[‘‘(1) IN GENERAL.—Any State, region, or di-
rectly eligible tribe may apply for a covered grant by 
submitting to the Secretary an application at such 
time, in such manner, and containing such informa-
172 
tion as is required under this subsection, or as the 
Secretary may reasonably require. 
[‘‘(2) 
DEADLINES
FOR
APPLICATIONS
AND 
AWARDS.—All applications for covered grants must be 
submitted to the Secretary no later than February 15 
of the fiscal year for which they are submitted. The 
Secretary shall award covered grants pursuant to all 
approved applications for such fiscal year as soon as 
practicable, but not later than July 31 of such year. 
[‘‘(3) 
AVAILABILITY
OF
FUNDS.—All 
funds 
awarded by the Secretary under covered grants in a 
fiscal year shall be available for obligation through 
the end of the subsequent fiscal year. 
[‘‘(4) MINIMUM
CONTENTS
OF
APPLICATION.— 
The Secretary shall require that each applicant in-
clude in its application, at a minimum— 
[‘‘(A) the purpose for which the applicant 
seeks covered grant funds and the reasons why 
the applicant needs the covered grant to meet the 
essential capabilities for terrorism preparedness 
within the boundaries of the State, region, or di-
rectly eligible tribe to which the application per-
tains; 
[‘‘(B) a description of how, by reference to 
the applicable State homeland security plan or
173 
plans under subsection (c), the allocation of 
grant funding proposed in the application, in-
cluding, where applicable, the amount not passed 
through under section 1805(e)(1), would assist in 
fulfilling the essential capabilities specified in 
such plan or plans; 
[‘‘(C) a statement of whether a mutual aid 
agreement applies to the use of all or any por-
tion of the covered grant funds; 
[‘‘(D) if the applicant is a region— 
[‘‘(i) a precise geographical description 
of the region and a specification of all par-
ticipating and nonparticipating local gov-
ernments within the geographical area com-
prising that region; 
[‘‘(ii) a specification of what govern-
mental entity within the region will admin-
ister the expenditure of funds under the cov-
ered grant; and 
[‘‘(iii) a designation of a specific indi-
vidual to serve as regional liaison; 
[‘‘(E) if the applicant is a directly eligible 
tribe, a designation of a specific individual to 
serve as tribal liaison;
174 
[‘‘(F) a capital budget showing how the ap-
plicant intends to allocate and expend the cov-
ered grant funds; and 
[‘‘(G) a statement of how the applicant in-
tends to meet the matching requirement, if any, 
that applies under section 1805(e)(2). 
[‘‘(5) REGIONAL APPLICATIONS.— 
[‘‘(A) SUBMISSION TO STATE OR STATES.— 
To ensure the consistency required under sub-
section (d), an applicant that is a region must 
simultaneously submit its application to the De-
partment and to each State of which any part 
is included in the region. 
[‘‘(B) OPPORTUNITY
FOR
STATE
COM-
MENT.—Before awarding any covered grant to a 
region, the Secretary shall provide an oppor-
tunity to each State of which any part is in-
cluded in a region, during the 30-day period be-
ginning on the date on which the region submits 
an application for a covered grant, to comment 
to the Secretary on the consistency of the region’s 
plan with the State’s homeland security plan. 
[‘‘(C) FINAL
AUTHORITY.—The Secretary 
shall have final authority to determine the con-
sistency of any regional application with the ap-
175 
plicable State homeland security plan or plans 
and approve any regional application. The Sec-
retary shall notify each State of which any part 
is included in a region of the approval of a re-
gional application for that region. 
[‘‘(D) REGIONAL LIAISONS.—A regional li-
aison designated under paragraph (4)(D)(iii) 
shall— 
[‘‘(i) coordinate with Federal, State, 
local, regional, and private officials within 
the region concerning terrorism prepared-
ness; 
[‘‘(ii) develop a process for receiving 
input from Federal, State, local, regional, 
and private sector officials within the re-
gion to assist in the development of the re-
gional application and to improve the re-
gion’s access to covered grants; and 
[‘‘(iii) administer, in consultation with 
State, local, regional, and private officials 
within the region, covered grants awarded 
to the region. 
[‘‘(6) TRIBAL APPLICATIONS.— 
[‘‘(A) SUBMISSION TO STATE OR STATES.— 
To ensure the consistency required under sub-
176 
section (d), an applicant that is a directly eligi-
ble tribe must simultaneously submit its applica-
tion to the Department and to each State within 
the boundaries of which any part of that tribe is 
located. 
[‘‘(B) OPPORTUNITY
FOR
STATE
COM-
MENT.—Before awarding any covered grant to a 
directly eligible tribe, the Secretary shall provide 
an opportunity to each State within the bound-
aries of which any part of that tribe is located, 
during the 30-day period beginning on the date 
on which the tribe submits an application for a 
covered grant, to comment to the Secretary on 
the consistency of the tribe’s plan with the 
State’s homeland security plan. 
[‘‘(C) FINAL
AUTHORITY.—The Secretary 
shall have final authority to determine the con-
sistency of any application of a directly eligible 
tribe with the applicable State homeland security 
plan or plans and approve any application of 
that tribe. The Secretary shall notify each State 
within the boundaries of which any part of that 
tribe is located of the approval of an application 
of that tribe.
177 
[‘‘(D) TRIBAL
LIAISON.—A tribal liaison 
designated under paragraph (4)(E) shall— 
[‘‘(i) coordinate with Federal, State, 
local, regional, and private officials con-
cerning terrorism preparedness; 
[‘‘(ii) develop a process for receiving 
input from Federal, State, local, regional, 
and private sector officials to assist in the 
development of the application of that tribe 
and to improve the tribe’s access to covered 
grants; and 
[‘‘(iii) administer, in consultation with 
State, local, regional, and private officials, 
covered grants awarded to that tribe. 
[‘‘(E) LIMITATION ON NUMBER OF DIRECT 
GRANTS.—The Secretary may make covered 
grants directly to not more than 20 directly eli-
gible tribes per fiscal year. 
[‘‘(F) TRIBES
NOT
RECEIVING
DIRECT 
GRANTS.—An Indian tribe not receiving 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 that tribe is located, consistent with the home-
land security plan of the State as described in
178 
subsection (c). If a State fails to comply with 
section 1805(e)(1), the tribe is entitled to pursue 
the procedures set forth in section 1805(f)(3) to 
the extent applicable. 
[‘‘(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 under section 1806(a), the ap-
plicant shall include in the application an expla-
nation of why such equipment or systems will serve 
the needs of the applicant better than equipment or 
systems that meet or exceed such standards. 
[‘‘(f) 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;
179 
[‘‘(E) the Under Secretary for Science and 
Technology; and 
[‘‘(F) the Director of the Office for Domestic 
Preparedness. 
[‘‘(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. 
[‘‘(3) RANKING OF GRANT APPLICATIONS.— 
[‘‘(A) PRIORITIZATION
OF
GRANTS.—The 
Board shall evaluate and annually prioritize all 
pending applications for covered grants based 
upon the degree to which they would lessen the 
threat to, vulnerability of, and consequences for 
persons and critical infrastructure. 
[‘‘(B) 
ACHIEVING
NATIONWIDE
CAPA-
BILITY.—In evaluating and prioritizing grant 
applications under subparagraph (A), the Board 
shall seek to achieve and enhance essential capa-
bilities throughout the Nation. 
[‘‘(C) MINIMUM
AMOUNTS.—After evalu-
ating and prioritizing grant applications under
180 
subparagraph (A), the Board shall ensure that, 
for each fiscal year— 
[‘‘(i) the States, the District of Colum-
bia, and the Commonwealth of Puerto Rico 
each receive no less than 0.25 percent of the 
funds available for covered grants for that 
fiscal year for purposes of implementing its 
homeland security plan in accordance with 
the prioritization of additional needs under 
subsection (c)(1)(C); 
[‘‘(ii) the United States Virgin Islands, 
America Samoa, Guam, and the Northern 
Mariana Islands each receive no less than 
0.08 percent of the funds available for cov-
ered grants for that fiscal year for purposes 
of implementing its homeland security plan 
in accordance with the prioritization of ad-
ditional needs under subsection (c)(1)(C); 
and 
[‘‘(iii) directly eligible tribes under sec-
tion 1807(8) collectively receive no less than 
0.25 percent of the funds available for cov-
ered grants for that fiscal year for purposes 
of addressing needs identified in the appli-
cations of such tribes, consistent with the
181 
homeland security plan of each State within 
the boundaries of which any part of any 
such tribe is located. 
[‘‘(4) FUNCTIONS OF UNDER SECRETARIES.—The 
Under Secretaries referred to in paragraph (1) shall 
seek to ensure that the relevant expertise and input of 
the staff of their directorates are available to and con-
sidered by the Board. 
[‘‘SEC. 1805. USE OF FUNDS AND ACCOUNTABILITY RE-
QUIREMENTS. 
[‘‘(a) IN GENERAL.—A covered grant may be used 
for— 
[‘‘(1) purchasing or upgrading equipment, in-
cluding computer software, to enhance terrorism pre-
paredness and response; 
[‘‘(2) exercises to strengthen terrorism prepared-
ness and response; 
[‘‘(3) training for prevention (including detec-
tion) of, preparedness for, or response to attacks in-
volving weapons of mass destruction, including train-
ing in the use of equipment and computer software; 
[‘‘(4) developing or updating response plans; 
[‘‘(5) establishing or enhancing mechanisms for 
sharing terrorism threat information pursuant to this 
Act;
182 
[‘‘(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 and response 
purposes; 
[‘‘(7) additional personnel costs resulting from— 
[‘‘(A) elevations in the threat alert level of 
the Homeland Security Advisory System; 
[‘‘(B) travel to and participation in exer-
cises 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) enhancing facilities to serve as operations 
centers, or hardening critical infrastructure against 
potential attack by the addition of barriers, fences, 
gates, and other such devices; 
[‘‘(10) the costs of commercially available equip-
ment that complies with, where applicable, national
183 
voluntary consensus standards, and that facilitates 
interoperability, coordination, and integration be-
tween emergency communications systems, includ-
ing— 
[‘‘(A) mobile vehicles that contain equip-
ment such as commercial telephone trunk lines, 
VHF and UHF radios, patch panels, and 
crosspatches, among other technologies and 
equipment; and 
[‘‘(B) communications system overlay soft-
ware and hardware that allow multiple dis-
parate communications networks to act as one 
network; 
[‘‘(11) educational curricula development for 
first responders to ensure that they are prepared for 
terrorist 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 prepare for and respond to 
an act of terrorism; and 
[‘‘(13) other appropriate activities as determined 
by the Secretary. 
[‘‘(b) PROHIBITED USES.—Funds provided as a cov-
ered grant may not be used—
184 
[‘‘(1) to supplant State or local funds for, or oth-
erwise support, traditional missions of State and 
local law enforcement, firefighters, emergency medical 
services, or public health agencies, unless such support 
serves a dual purpose and the funds are primarily in-
tended to enhance terrorism preparedness; 
[‘‘(2) to acquire land; or 
[‘‘(3) for any State or local government cost 
sharing contribution. 
[‘‘(c) ASSISTANCE
REQUIREMENT.—The Secretary 
may not request 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, re-
gions, and localities, unless the Secretary undertakes to pay 
the costs directly attributable to transporting and operating 
such equipment during such response. 
[‘‘(d) 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. 
[‘‘(e) STATE, REGIONAL, AND TRIBAL RESPONSIBIL-
ITIES.—
185 
[‘‘(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.
186 
[‘‘(C) IN-KIND MATCHING.—Each recipient 
of a covered grant may meet the matching re-
quirement 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 maintenance, 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) ANNUAL REPORT ON HOMELAND SECURITY 
SPENDING.—Each recipient of a covered grant shall 
submit a report to the Secretary not later than 60 
days after the end of each fiscal year. Each recipient 
of a covered grant that is a region must simulta-
neously submit its report to each State of which any 
part is included in the region. Each recipient of a
187 
covered grant that is a directly eligible tribe must si-
multaneously submits its report to each State within 
the boundaries of which any part of such tribe is lo-
cated. Each report must include the following: 
[‘‘(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 dis-
bursements of all such funds expended in compli-
ance with paragraph (1) or pursuant to mutual 
aid agreements or other sharing arrangements 
that apply within the State, region, or directly 
eligible 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 capa-
bilities identified in the applicable State home-
land security plan or plans were achieved or en-
hanced as the result of the expenditure of grant 
funds during the preceding fiscal year. 
[‘‘(E) The extent to which essential capa-
bilities identified in the applicable State home-
land security plan or plans remain unmet.
188 
[‘‘(5) INCLUSION OF RESTRICTED ANNEXES.—A 
recipient of a covered grant may submit to the Sec-
retary an annex to the report under paragraph (4) 
that is subject to appropriate handling restrictions, if 
the recipient believes that discussion in the report of 
unmet needs would reveal sensitive but unclassified 
information. 
[‘‘(6) PROVISION OF REPORTS.—The Secretary 
shall ensure that each report under paragraph (4) is 
provided to the Under Secretary for Emergency Pre-
paredness and Response and the Director of the Office 
for Domestic Preparedness. 
[‘‘(f) 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 (e)(1) with-
in 45 days after receiving funds under the grant, the 
Secretary may— 
[‘‘(A) reduce grant payments to the grant 
recipient from the portion of grant funds that is 
not required to be passed through under sub-
section (e)(1);
189 
[‘‘(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 (e)(1); or 
[‘‘(iii) for each day that the grant re-
cipient fails to pass through funds or re-
sources in accordance with subsection (e)(1), 
reducing grant payments to the grant re-
cipient from the portion of grant funds that 
is not required to be passed through under 
subsection (e)(1), except that the total 
amount of such reduction may not exceed 
20 percent of the total amount of the grant.
190 
[‘‘(2) EXTENSION OF PERIOD.—The Governor of 
a State may request in writing that the Secretary ex-
tend the 45-day period under paragraph (1) for an 
additional 15-day period. The Secretary may approve 
such a request, and may extend such period for addi-
tional 15-day periods, if the Secretary determines 
that the resulting delay in providing grant funding to 
the local government entities that will receive funding 
under the grant will not have a significant detri-
mental impact on such entities’ terrorism prepared-
ness 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;
191 
[‘‘(ii) the State has failed to pass 
through funds or resources in accordance 
with subsection (e)(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 
ultimate 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 (e)(1); and 
[‘‘(iv) it did not receive the portion of 
the overall grant that was earmarked or 
designated for its use or benefit.
192 
[‘‘(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. 
[‘‘(g) REPORTS TO CONGRESS.—The Secretary shall 
submit an annual report to the Congress by December 31 
of each year— 
[‘‘(1) describing in detail the amount of Federal 
funds provided as covered grants that were directed to 
each State and region in the preceding fiscal year; 
[‘‘(2) containing information on the use of such 
grant funds by grantees; and 
[‘‘(3) describing, on a nationwide and State-by- 
State basis—
193 
[‘‘(A) the extent to which essential capabili-
ties identified in applicable State homeland secu-
rity plan or plans were created or enhanced as 
the result of the expenditure of covered grant 
funds during the preceding fiscal year; 
[‘‘(B) the extent to which essential capabili-
ties identified in applicable State homeland secu-
rity plan or plans remain unmet; and 
[‘‘(C) an estimate of the amount of Federal, 
State, and local expenditures required to attain 
across the United States the essential capabilities 
established under section 1802(a). 
[‘‘SEC. 1806. NATIONAL STANDARDS FOR FIRST RESPONDER 
EQUIPMENT AND TRAINING. 
[‘‘(a) EQUIPMENT STANDARDS.— 
[‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Under Secretary for Science and Tech-
nology and the Director of the Office for Domestic 
Preparedness, shall, not later than 6 months after the 
date of enactment of this section, support the develop-
ment of, promulgate, and update as necessary na-
tional voluntary consensus standards for the perform-
ance, use, and validation of first responder equipment 
for purposes of section 1804(e)(7). Such standards—
194 
[‘‘(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; and 
[‘‘(C) shall be focused on maximizing inter-
operability, interchangeability, durability, flexi-
bility, efficiency, efficacy, portability, sustain-
ability, and safety. 
[‘‘(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.
195 
[‘‘(F) Personal protective equipment, in-
cluding garments, boots, gloves, and hoods and 
other protective clothing. 
[‘‘(G) Respiratory protection equipment. 
[‘‘(H) Interoperable communications, in-
cluding wireless and wireline voice, video, and 
data networks. 
[‘‘(I) Explosive mitigation devices and ex-
plosive 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-
196 
rorism preparedness as quickly as practicable. Such 
standards shall give priority to providing training 
to— 
[‘‘(A) enable first responders to prevent, 
prepare for, respond to, and mitigate terrorist 
threats, including threats from chemical, biologi-
cal, nuclear, and radiological weapons and ex-
plosive 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, radi-
ological, and chemical weapons of mass destruc-
tion.
197 
[‘‘(F) Such other activities for which the 
Secretary determines that national voluntary 
consensus training standards would be appro-
priate. 
[‘‘(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 Insti-
tute; 
[‘‘(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;
198 
[‘‘(10) ASTM International; 
[‘‘(11) the International Safety Equipment Asso-
ciation (ISEA); and 
[‘‘(12) 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. 
[‘‘SEC. 1807. DEFINITIONS. 
[‘‘In this title: 
[‘‘(1) BOARD.—The term ‘Board’ means the 
First Responder Grants Board established under sec-
tion 1804(f). 
[‘‘(2) COVERED
GRANT.—The term ‘covered 
grant’ means any grant to which this title applies 
under section 1801. 
[‘‘(3) ELEVATIONS
IN
THE
THREAT
ALERT 
LEVEL.—The term ‘elevations in the threat alert level’ 
means any designation (including those that are less 
than national in scope) that raises the homeland secu-
rity threat level to either the highest or second highest 
threat level under the Homeland Security Advisory 
System referred to in section 201(d)(7). 
[‘‘(4) ESSENTIAL CAPABILITIES.—The term ‘es-
sential capabilities’ means the levels, availability, and
199 
competence of emergency personnel, planning, train-
ing, and equipment across a variety of disciplines 
needed to effectively and efficiently prevent, prepare 
for, and respond to acts of terrorism consistent with 
established practices. 
[‘‘(5) REGION.—The term ‘region’ means— 
[‘‘(A) any geographic area consisting of all 
or parts of 2 or more contiguous States, counties, 
municipalities, or other local governments that 
have a combined population of at least 1,650,000 
or have an area of not less than 20,000 square 
miles, and that, for purposes of an application 
for a covered grant, is represented by 1 or more 
governments or governmental agencies within 
such geographic area, and that is established by 
law or by agreement of 2 or more such govern-
ments or governmental agencies in a mutual aid 
agreement; or 
[‘‘(B) any other combination of contiguous 
local government units (including such a com-
bination established by law or agreement of two 
or more governments or governmental agencies 
in a mutual aid agreement) that is formally cer-
tified by the Secretary as a region for purposes 
of this Act with the consent of—
200 
[‘‘(i) the State or States in which they 
are located, including a multi-State entity 
established by a compact between two or 
more States; and 
[‘‘(ii) the incorporated municipalities, 
counties, and parishes which they encom-
pass. 
[‘‘(6) TASK
FORCE.—The term ‘Task Force’ 
means the Task Force on Essential Capabilities for 
First Responders established under section 1803. 
[‘‘(7) FIRST
RESPONDER.—The term ‘first re-
sponder’ shall have the same meaning as the term 
‘emergency response provider’. 
[‘‘(8) DIRECTLY ELIGIBLE TRIBE.—The term ‘di-
rectly eligible tribe’ means any Indian tribe or con-
sortium of Indian tribes that— 
[‘‘(A) meets the criteria to participate in 
Self-Governance set forth in section 402(c) of the 
Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 458bb(c)); 
[‘‘(B) employs at least 10 full-time per-
sonnel in a law enforcement or emergency re-
sponse agency with the capacity to respond to 
calls for law enforcement or emergency services; 
and
201 
[‘‘(C)(i) is located on, or within 5 miles of, 
an international border or waterway; 
[‘‘(ii) is located within 5 miles of a facility 
within a critical infrastructure sector identified 
in section 1802(c)(2); 
[‘‘(iii) is located within or contiguous to 
one of the 50 largest metropolitan statistical 
areas; or 
[‘‘(iv) has more than 1,000 square miles of 
Indian country, as described in section 1151 of 
title 18, United States Code.’’. 
[(b) DEFINITION
OF EMERGENCY RESPONSE PRO-
VIDERS.—Section 2(6) of the Homeland Security Act of 
2002 (Public Law 107–296; 6 U.S.C. 101(6)) is amended 
by inserting ‘‘fire,’’ after ‘‘law enforcement,’’. 
[(c) TEMPORARY LIMITATION ON APPLICATION.—The 
following provisions of title XVIII of the Homeland Secu-
rity Act of 2002, as amended by subsection (a), shall not 
apply during the 2 year period beginning on the date of 
the enactment of this Act: 
[(1) Subsections (b), (c), (e) (except paragraph 
(5) of such subsection), and (f)(3)(B) of section 1804. 
[(2) Subparagraphs (D) and (E) of section 
1805(e)(4). 
[(3) Section 1805(g)(3).
202 
[SEC. 4. MODIFICATION OF HOMELAND SECURITY ADVI-
SORY SYSTEM. 
[(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 (Public Law 107–296; 6 U.S.C. 
121 et seq.) is amended by adding at the end the following: 
[‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. 
[‘‘(a) IN GENERAL.—The Secretary shall revise the 
Homeland Security Advisory System referred to in section 
201(d)(7) to require that any designation of a threat level 
or other warning shall be accompanied by a designation 
of the geographic regions or economic sectors to which the 
designation applies. 
[‘‘(b) REPORTS.—The Secretary shall report to the 
Congress annually by not later than December 31 each year 
regarding the geographic region-specific warnings and eco-
nomic sector-specific warnings issued during the preceding 
fiscal year under the Homeland Security Advisory System 
referred to in section 201(d)(7), and the bases for such 
warnings. The report shall be submitted in unclassified 
form and may, as necessary, include a classified annex.’’. 
[(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) is amended by inserting after the item relating 
to section 202 the following: 
[‘‘203. Homeland Security Advisory System.’’.
203 
[SEC. 5. COORDINATION OF INDUSTRY EFFORTS. 
[Section 102(f) of the Homeland Security Act of 2002 
(Public Law 107–296; 6 U.S.C. 112(f)) is amended by strik-
ing ‘‘and’’ after the semicolon at the end of paragraph (6), 
by striking the period at the end of paragraph (7) and in-
serting ‘‘; and’’, and by adding at the end the following: 
[‘‘(8) coordinating industry efforts to identify 
private sector resources and capabilities that could be 
effective in supplementing Federal, State, and local 
government agency efforts to prevent or respond to a 
terrorist attack.’’. 
[SEC. 6. SUPERSEDED PROVISION. 
[This Act supersedes section 1014 of Public Law 107– 
56. 
[SEC. 7. SENSE OF CONGRESS REGARDING INTEROPERABLE 
COMMUNICATIONS. 
[(a) FINDING.—The Congress finds that— 
[(1) many first responders working in the same 
jurisdiction or in different jurisdictions cannot effec-
tively and efficiently communicate with one another, 
and 
[(2) their inability to do so threatens the public’s 
safety and may result in unnecessary loss of lives and 
property. 
[(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that it is of national importance that interoperable
204 
emergency communications systems that to the extent pos-
sible meet national voluntary consensus standards should 
be developed and promulgated as soon as practicable for use 
by the first responder community. 
[SEC. 8. SENSE OF CONGRESS REGARDING CITIZEN CORPS 
COUNCILS. 
[(a) FINDING.—The Congress finds that Citizen Corps 
councils help to enhance local citizen participation in ter-
rorism preparedness by coordinating multiple Citizen 
Corps programs, developing community action plans, as-
sessing possible threats, and identifying local resources. 
[(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that individual Citizen Corps councils should seek to 
enhance the preparedness and response capabilities of all 
organizations participating in the councils, including by 
providing funding to as many of their participating orga-
nizations as practicable to promote local terrorism pre-
paredness programs. 
[SEC. 9. STUDY REGARDING NATIONWIDE EMERGENCY NO-
TIFICATION SYSTEM. 
[(a) STUDY.—The Secretary of Homeland Security, in 
consultation with the heads of other appropriate Federal 
agencies and representatives of providers and participants 
in the telecommunications industry, shall conduct a study 
to determine whether it is cost-effective, efficient, or feasible
205 
to establish and implement an emergency telephonic alert 
notification system that will— 
[(1) alert persons in the United States of immi-
nent or current hazardous events caused by acts of 
terrorism; and 
[(2) provide information to individuals regard-
ing appropriate measures that may be undertaken to 
alleviate or minimize threats to their safety and wel-
fare posed by such events. 
[(b) TECHNOLOGIES TO CONSIDER.—In conducting the 
study, the Secretary shall consider the use of the telephone, 
wireless communications, and other existing communica-
tions networks to provide such notification. 
[(c) REPORT.—Not later than 9 months after the date 
of the enactment of this Act, the Secretary shall submit to 
the Congress a report regarding the conclusions of the study. 
[SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
[For making covered grants (as that term is defined 
in section 1807 of the Homeland Security Act of 2002, as 
amended by this Act) there is authorized to be appropriated 
to the Secretary of Homeland Security $3,400,000,000 for 
fiscal year 2006.
206 
[SEC. 11. AUTHORITY TO ENTER INTO CONTRACTS AND 
ISSUE FEDERAL LOAN GUARANTEES. 
[(a) FINDING.—Congress finds that there is a public 
interest in protecting high-risk nonprofit organizations 
from international terrorist attacks that would disrupt the 
vital services such organizations provide to the people of 
the United States and threaten the lives and well-being of 
United States citizens who operate, utilize, and live or work 
in proximity to such organizations. 
[(b) PURPOSES.—The purposes of this section are to— 
[(1) establish within the Department of Home-
land Security a program to protect United States 
citizens at or near high-risk nonprofit organizations 
from international terrorist attacks through loan 
guarantees and Federal contracts for security en-
hancements and technical assistance; 
[(2) establish a program within the Department 
of Homeland Security to provide grants to local gov-
ernments to assist with incremental costs associated 
with law enforcement in areas in which there are a 
high concentration of high-risk nonprofit organiza-
tions vulnerable to international terrorist attacks; and 
[(3) establish an Office of Community Relations 
and Civic Affairs within the Department of Home-
land Security to focus on security needs of high-risk
207 
nonprofit organizations with respect to international 
terrorist threats. 
[(c) AUTHORITY.—The Homeland Security Act of 2002 
(6 U.S.C. 101 et seq.), as amended by this Act, is further 
amended by adding at the end the following: 
[‘‘TITLE 
XIX—PROTECTION 
OF 
CITIZENS AT HIGH-RISK NON-
PROFIT ORGANIZATIONS 
[‘‘SEC. 1901. DEFINITIONS. 
[‘‘ In this title: 
[‘‘(1) CONTRACT.—The term ‘contract’ means a 
contract between the Federal Government and a con-
tractor selected from the list of certified contractors to 
perform security enhancements or provide technical 
assistance approved by the Secretary under this title. 
[‘‘(2) FAVORABLE
REPAYMENT
TERMS.—The 
term ‘favorable repayment terms’ means the repay-
ment terms of loans offered to nonprofit organizations 
under this title that— 
[‘‘(A) are determined by the Secretary, in 
consultation with the Secretary of the Treasury, 
to be favorable under current market conditions; 
[‘‘(B) have interest rates at least 1 full per-
centage point below the market rate; and
208 
[‘‘(C) provide for repayment over a term 
not less than 25 years. 
[‘‘(3) NONPROFIT
ORGANIZATION.—The term 
‘nonprofit organization’ means an organization 
that— 
[‘‘(A) is described under section 501(c)(3) of 
the Internal Revenue Code of 1986 and exempt 
from taxation under section 501(a) of such Code; 
and 
[‘‘(B) is designated by the Secretary under 
section 1903(a). 
[‘‘(4) SECURITY ENHANCEMENTS.—The term ‘se-
curity enhancements’— 
[‘‘(A) means the purchase and installation 
of security equipment in real property (includ-
ing buildings and improvements), owned or 
leased by a nonprofit organization, specifically 
in response to the risk of attack at a nonprofit 
organization by an international terrorist orga-
nization; 
[‘‘(B) includes software security measures; 
and 
[‘‘(C) does not include enhancements that 
would otherwise have been reasonably necessary 
due to nonterrorist threats.
209 
[‘‘(5) TECHNICAL ASSISTANCE.—The term ‘tech-
nical assistance’— 
[‘‘(A) means guidance, assessment, rec-
ommendations, and any other provision of infor-
mation or expertise which assists nonprofit orga-
nizations in— 
[‘‘(i) identifying security needs; 
[‘‘(ii) purchasing and installing secu-
rity enhancements; 
[‘‘(iii) training employees to use and 
maintain security enhancements; or 
[‘‘(iv) training employees to recognize 
and respond to international terrorist 
threats; and 
[‘‘(B) does not include technical assistance 
that would otherwise have been reasonably nec-
essary due to nonterrorist threats. 
[‘‘SEC. 1902. AUTHORITY TO ENTER INTO CONTRACTS AND 
ISSUE FEDERAL LOAN GUARANTEES. 
[‘‘(a) IN GENERAL.—The Secretary may— 
[‘‘(1) enter into contracts with certified contrac-
tors for security enhancements and technical assist-
ance for nonprofit organizations; and 
[‘‘(2) issue Federal loan guarantees to financial 
institutions in connection with loans made by such
210 
institutions to nonprofit organizations for security 
enhancements and technical assistance. 
[‘‘(b) LOANS.—The Secretary may guarantee loans 
under this title— 
[‘‘(1) only to the extent provided for in advance 
by appropriations Acts; and 
[‘‘(2) only to the extent such loans have favorable 
repayment terms. 
[‘‘SEC. 1903. ELIGIBILITY CRITERIA. 
[‘‘(a) IN GENERAL.—The Secretary shall designate 
nonprofit organizations as high-risk nonprofit organiza-
tions eligible for contracts or loans under this title based 
on the vulnerability of the specific site of the nonprofit orga-
nization to international terrorist attacks. 
[‘‘(b) VULNERABILITY
DETERMINATION.—In deter-
mining vulnerability to international terrorist attacks and 
eligibility for security enhancements or technical assistance 
under this title, the Secretary shall consider— 
[‘‘(1) threats of international terrorist organiza-
tions (as designated by the State Department) against 
any group of United States citizens who operate or 
are the principal beneficiaries or users of the non-
profit organization; 
[‘‘(2) prior attacks, within or outside the United 
States, 
by 
international 
terrorist 
organizations
211 
against the nonprofit organization or entities associ-
ated with or similarly situated as the nonprofit orga-
nization; 
[‘‘(3) the symbolic value of the site as a highly 
recognized United States cultural or historical insti-
tution that renders the site a possible target of inter-
national terrorism; 
[‘‘(4) the role of the nonprofit organization in re-
sponding to international terrorist attacks; and 
[‘‘(5) any recommendations of the applicable 
State Homeland Security Authority established under 
section 1906 or Federal, State, and local law enforce-
ment authorities. 
[‘‘(c) DOCUMENTATION.—In order to be eligible for se-
curity enhancements, technical assistance or loan guaran-
tees under this title, the nonprofit organization shall pro-
vide the Secretary with documentation that— 
[‘‘(1) the nonprofit organization hosted a gath-
ering of at least 100 or more persons at least once 
each month at the nonprofit organization site during 
the preceding 12 months; or 
[‘‘(2) the nonprofit organization provides services 
to at least 500 persons each year at the nonprofit or-
ganization site.
212 
[‘‘(d) TECHNICAL ASSISTANCE ORGANIZATIONS.—If 2 
or more nonprofit organizations establish another nonprofit 
organization to provide technical assistance, that estab-
lished organization shall be eligible to receive security en-
hancements and technical assistance under this title based 
upon the collective risk of the nonprofit organizations it 
serves. 
[‘‘SEC. 1904. USE OF LOAN GUARANTEES. 
[‘‘Funds borrowed from lending institutions, which are 
guaranteed by the Federal Government under this title, may 
be used for technical assistance and security enhancements. 
[‘‘SEC. 1905. NONPROFIT ORGANIZATION APPLICATIONS. 
[‘‘(a) IN GENERAL.—A nonprofit organization desir-
ing assistance under this title shall submit a separate appli-
cation for each specific site needing security enhancements 
or technical assistance. 
[‘‘(b) CONTENT.—Each application shall include— 
[‘‘(1) a detailed request for security enhance-
ments and technical assistance, from a list of ap-
proved enhancements and assistance issued by the 
Secretary under this title; 
[‘‘(2) a description of the intended uses of funds 
to be borrowed under Federal loan guarantees; and 
[‘‘(3) such other information as the Secretary 
shall require.
213 
[‘‘(c) JOINT APPLICATION.—Two or more nonprofit or-
ganizations located on contiguous sites may submit a joint 
application. 
[‘‘SEC. 1906. REVIEW BY STATE HOMELAND SECURITY AU-
THORITIES. 
[‘‘(a) ESTABLISHMENT OF STATE HOMELAND SECU-
RITY AUTHORITIES.—In accordance with regulations pre-
scribed by the Secretary, each State may establish a State 
Homeland Security Authority to carry out this title. 
[‘‘(b) APPLICATIONS.— 
[‘‘(1) SUBMISSION.—Applications shall be sub-
mitted to the applicable State Homeland Security 
Authority. 
[‘‘(2) EVALUATION.—After consultation with 
Federal, State, and local law enforcement authorities, 
the State Homeland Security Authority shall evaluate 
all applications using the criteria under section 1903 
and transmit all qualifying applications to the Sec-
retary ranked by severity of risk of international ter-
rorist attack. 
[‘‘(3) APPEAL.—An applicant may appeal the 
finding that an application is not a qualifying appli-
cation to the Secretary under procedures that the Sec-
retary shall issue by regulation not later than 90 
days after the date of enactment of this title.
214 
[‘‘SEC. 1907. SECURITY ENHANCEMENT AND TECHNICAL AS-
SISTANCE CONTRACTS AND LOAN GUARAN-
TEES. 
[‘‘(a) IN GENERAL.—Upon receipt of the applications, 
the Secretary shall select applications for execution of secu-
rity enhancement and technical assistance contracts, or 
issuance of loan guarantees, giving preference to the non-
profit organizations determined to be at greatest risk of 
international terrorist attack based on criteria under sec-
tion 1903. 
[‘‘(b) SECURITY ENHANCEMENTS AND TECHNICAL AS-
SISTANCE; FOLLOWED BY LOAN GUARANTEES.—The Sec-
retary shall execute security enhancement and technical as-
sistance contracts for the highest priority applicants until 
available funds are expended, after which loan guarantees 
shall be made available for additional applicants deter-
mined to be at high risk, up to the authorized amount of 
loan guarantees. The Secretary may provide with respect 
to a single application a combination of such contracts and 
loan guarantees. 
[‘‘(c) JOINT APPLICATIONS.—Special preference shall 
be given to joint applications submitted on behalf of mul-
tiple nonprofit organizations located in contiguous settings. 
[‘‘(d) MAXIMIZING AVAILABLE FUNDS.—Subject to 
subsection (b), the Secretary shall execute security enhance-
ment and technical assistance contracts in such amounts
215 
as to maximize the number of high-risk applicants nation-
wide receiving assistance under this title. 
[‘‘(e) APPLICANT NOTIFICATION.—Upon selecting a 
nonprofit organization for assistance under this title, the 
Secretary shall notify the nonprofit organization that the 
Federal Government is prepared to enter into a contract 
with certified contractors to install specified security en-
hancements or provide specified technical assistance at the 
site of the nonprofit organization. 
[‘‘(f) CERTIFIED CONTRACTORS.— 
[‘‘(1) IN GENERAL.—Upon receiving a notifica-
tion under subsection (e), the nonprofit organization 
shall select a certified contractor to perform the speci-
fied security enhancements, from a list of certified 
contractors issued and maintained by the Secretary 
under subsection (j). 
[‘‘(2) LIST.—The list referred to in paragraph 
(1) shall be comprised of contractors selected on the 
basis of— 
[‘‘(A) technical expertise; 
[‘‘(B) performance record including quality 
and timeliness of work performed; 
[‘‘(C) adequacy of employee criminal back-
ground checks; and 
[‘‘(D) price competitiveness.
216 
[‘‘(3) OTHER
CERTIFIED
CONTRACTORS.—The 
Secretary shall include on the list of certified contrac-
tors additional contractors selected by senior officials 
at State Homeland Security Authorities and the chief 
executives of county and other local jurisdictions. 
Such additional certified contractors shall be selected 
on the basis of the criteria under paragraph (2). 
[‘‘(g) ENSURING
THE AVAILABILITY
OF CONTRAC-
TORS.—If the list of certified contractors under this section 
does not include any contractors who can begin work on 
the security enhancements or technical assistance within 60 
days after applicant notification, the nonprofit organiza-
tion may submit a contractor not currently on the list to 
the Secretary for the Secretary’s review. If the Secretary 
does not include the submitted contractor on the list of cer-
tified contractors within 60 days after the submission and 
does not place an alternative contractor on the list within 
the same time period (who would be available to begin the 
specified work within that 60-day period), the Secretary 
shall immediately place the submitted contractor on the list 
of certified contractors and such contractor shall remain on 
such list until— 
[‘‘(1) the specified work is completed; or 
[‘‘(2) the Secretary can show cause why such 
contractor may not retain certification, with such de-
217 
terminations subject to review by the Comptroller 
General of the United States. 
[‘‘(h) CONTRACTS.—Upon selecting a certified con-
tractor to provide security enhancements and technical as-
sistance approved by the Secretary under this title, the non-
profit organization shall notify the Secretary of such selec-
tion. The Secretary shall deliver a contract to such con-
tractor within 10 business days after such notification. 
[‘‘(i) CONTRACTS
FOR ADDITIONAL WORK
OR UP-
GRADES.—A nonprofit organization, using its own funds, 
may enter into an additional contract with the certified 
contractor, for additional or upgraded security enhance-
ments or technical assistance. Such additional contracts 
shall be separate contracts between the nonprofit organiza-
tion and the contractor. 
[‘‘(j) EXPEDITING ASSISTANCE.—In order to expedite 
assistance to nonprofit organizations, the Secretary shall— 
[‘‘(1) compile a list of approved technical assist-
ance and security enhancement activities within 45 
days after the date of enactment of this title; 
[‘‘(2) publish in the Federal Register within 60 
days after such date of enactment a request for con-
tractors to submit applications to be placed on the list 
of certified contractors under this section;
218 
[‘‘(3) after consultation with the Secretary of the 
Treasury, publish in the Federal Register within 60 
days after such date of enactment, prescribe regula-
tions setting forth the conditions under which loan 
guarantees shall be issued under this title, including 
application procedures, expeditious review of applica-
tions, underwriting criteria, assignment of loan guar-
antees, modifications, commercial validity, defaults, 
and fees; and 
[‘‘(4) publish in the Federal Register within 120 
days after such date of enactment (and every 30 days 
thereafter) a list of certified contractors, including 
those selected by State Homeland Security Authori-
ties, county, and local officials, with coverage of all 
50 States, the District of Columbia, and the terri-
tories. 
[‘‘SEC. 
1908. 
LOCAL 
LAW 
ENFORCEMENT 
ASSISTANCE 
GRANTS. 
[‘‘(a) IN GENERAL.—The Secretary may provide 
grants to units of local government to offset incremental 
costs associated with law enforcement in areas where there 
is a high concentration of nonprofit organizations. 
[‘‘(b) USE.—Grant funds received under this section 
may be used only for personnel costs or for equipment needs 
specifically related to such incremental costs.
219 
[‘‘(c) MAXIMIZATION OF IMPACT.—The Secretary shall 
award grants in such amounts as to maximize the impact 
of available funds in protecting nonprofit organizations na-
tionwide from international terrorist attacks. 
[‘‘SEC. 1909. OFFICE OF COMMUNITY RELATIONS AND CIVIC 
AFFAIRS. 
[‘‘(a) IN GENERAL.—There is established within the 
Department, the Office of Community Relations and Civic 
Affairs to administer grant programs for nonprofit organi-
zations and local law enforcement assistance. 
[‘‘(b) ADDITIONAL RESPONSIBILITIES.—The Office of 
Community Relations and Civic Affairs shall— 
[‘‘(1) coordinate community relations efforts of 
the Department; 
[‘‘(2) serve as the official liaison of the Secretary 
to the nonprofit, human and social services, and 
faith-based communities; and 
[‘‘(3) assist in coordinating the needs of those 
communities with the Citizen Corps program. 
[‘‘SEC. 1910. AUTHORIZATION OF APPROPRIATIONS AND 
LOAN GUARANTEES. 
[‘‘(a) NONPROFIT ORGANIZATIONS PROGRAM.—There 
are authorized to be appropriated to the Department to 
carry out the nonprofit organization program under this
220 
title, $100,000,000 for fiscal year 2005 and such sums as 
may be necessary for fiscal years 2006 and 2007. 
[‘‘(b) 
LOCAL
LAW
ENFORCEMENT
ASSISTANCE 
GRANTS.—There are authorized to be appropriated to the 
Department for local law enforcement assistance grants 
under section 1908, $50,000,000 for fiscal year 2005 and 
such sums as may be necessary for fiscal years 2006 and 
2007. 
[‘‘(c) OFFICE OF COMMUNITY RELATIONS AND CIVIC 
AFFAIRS.—There are authorized to be appropriated to the 
Department for the Office of Community Relations and 
Civic Affairs under section 1909, $5,000,000 for fiscal year 
2005 and such sums as may be necessary for fiscal years 
2006 and 2007. 
[‘‘(d) LOAN GUARANTEES.— 
[‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated in each of 
fiscal years 2005, 2006, and 2007, such amounts as 
may be required under the Federal Credit Act with 
respect to Federal loan guarantees authorized by this 
title, which shall remain available until expended. 
[‘‘(2) LIMITATION.—The aggregate value of all 
loans for which loan guarantees are issued under this 
title by the Secretary may not exceed $250,000,000 in 
each of fiscal years 2005, 2006, and 2007.’’.
221 
[(d) CLERICAL AMENDMENT.—The table of contents 
under section 1(b) of the Homeland Security Act of 2002 
(6 U.S.C. 101(b)) is amended by adding at the end the fol-
lowing: 
[‘‘TITLE XIX—PROTECTION OF CITIZENS AT HIGH-RISK NONPROFIT 
ORGANIZATIONS 
[‘‘Sec. 1901. Definitions. 
[‘‘Sec. 1902. Authority to enter into contracts and issue Federal loan guarantees. 
[‘‘Sec. 1903. Eligibility criteria. 
[‘‘Sec. 1904. Use of loan guarantees. 
[‘‘Sec. 1905. Nonprofit organization applications. 
[‘‘Sec. 1906. Review by State Homeland Security Authorities. 
[‘‘Sec. 1907. Security enhancement and technical assistance contracts and loan 
guarantees. 
[‘‘Sec. 1908. Local law enforcement assistance grants. 
[‘‘Sec. 1909. Office of Community Relations and Civic Affairs. 
[‘‘Sec. 1910. Authorization of appropriations and loan guarantees.’’.] 
Amend the title so as to read: ‘‘A bill to amend the 
Robert T. Stafford Disaster Relief and Emergency As-
sistance Act to prepare the United States to prevent, 
mitigate, respond to, and recover from major disasters 
and emergencies, including those caused by terrorist at-
tacks, and for other purposes.’’.
Union Calendar No. 325 
108TH CONGRESS 
2D SESSION 
H. R. 3266 
[Report No. 108–460, Parts I, II, III, and IV] 
A BILL 
To authorize the Secretary of Homeland Security to 
make grants to first responders, and for other 
purposes. 
JUNE 21, 2004 
Reported from the Committee on Transportation and 
Infrastructure with amendmenmts 
JUNE 21, 2004 
Reported from the Committee on the Judiciary with an 
amendment; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed