I 
108TH CONGRESS 
1ST SESSION H. R. 1389
To enhance the ability of first responders to respond to incidents of terrorism 
and for certain other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 20, 2003
Mr. CROWLEY (for himself, Mr. FOSSELLA, Mr. BISHOP of New York, Mr. 
KING of New York, Mrs. MCCARTHY of New York, Mr. ENGEL, Mr. 
TOWNS, Mr. HOUGHTON, Mr. WEINER, Mrs. MALONEY, Mr. CAPUANO, 
Mr. OWENS, Mr. RANGEL, Mr. EMANUEL, Ms. WATERS, Mr. MEEKS of 
New York, Mr. HINCHEY, Mr. NADLER, Mr. BELL, and Mrs. LOWEY) 
introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committees on 
Science, the Judiciary, and Select Homeland Security, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To enhance the ability of first responders to respond to 
incidents of terrorism and for certain other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Homeland Emergency 
Response Act of 2003’’.
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) First responders, which include local law 
enforcement departments, fire departments, offices 
coordinating emergency management, local health 
departments and local public hospitals, are crucial 
elements of anti-terror preparation and response. 
(2) Local efforts include increased counter-ter-
rorism, intelligence, increased security at events and 
venues of national and international significance. 
These efforts supplement and enhance Federal ef-
forts. 
(3) Local needs include training, personnel, 
equipment, communication, security upgrades to fa-
cilities, and Federal assistance with personnel as 
well as capital costs and expenses. 
(4) The fiscal crisis at the local level is unprece-
dented since WWII and threatens to undermine the 
ability of local governments to conduct their efforts 
in the War against Terrorism. 
(5) The Federal Government has a responsi-
bility to provide for the common defense and there-
fore to assist local governments in their counter-ter-
rorism efforts. 
(6) Terrorists, according to the Al Queda man-
ual and by their actions, have shown they seek to in-
flict maximum casualties, to disrupt the national 
economy, to disrupt the governmental leadership, 
and that they will return to those targets where ear-
lier attacks have failed. 
(7) When the criteria that the terrorists use is 
applied, it is clear that the localities targeted on 
September 11, 2001 as well as several other large 
metropolitan areas continue to be at the greatest 
risk of terrorist attack. 
(8) While every community must have a well 
prepared first responder and public health infra-
structure in place to cope with terrorist attacks, the 
Nation’s defensive efforts should also be focused on 
where the greatest threats are. 
(9) As the Nation builds up its defenses, the 
Nation must also adequately defend the homeland 
through the support of first responders. 
(10) A new, long-term grant program by the 
Federal Government needs to be established to en-
hance the ability of first responders to respond to in-
cidents of terrorism, including weapons of mass de-
struction, such as biological, chemical and nuclear 
attacks to ensure the safety of all Americans.
SEC. 3. FIRST RESPONDERS. 
Section 430(d) of the Homeland Security Act of 2002 
is amended—
(1) in paragraph (7) by striking ‘‘and’’ at the 
end; 
(2) in paragraph (8) by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(9) establish clear guidelines for Federal, 
State, tribal, and local government terrorism pre-
paredness and response; 
‘‘(10) establish and coordinate an integrated ca-
pability for Federal, State, and local governments 
and emergency responders to plan for and address 
potential consequences of terrorism; 
‘‘(11) establish standards for a national, inter-
operable emergency communications and warning 
system which allows for communications capability 
between local and other first responders on all levels 
of government; 
‘‘(12) evaluate equipment to be used by first re-
sponders, to respond to incidents of terrorism, in-
cluding incidents involving weapons of mass destruc-
tion; and 
‘‘(13) carry out such other related activities as 
are approved by the Secretary.’’.
SEC. 4. PREPAREDNESS ASSISTANCE FOR FIRST RESPOND-
ERS. 
(a) IN GENERAL.—Section 430 of the Homeland Se-
curity Act of 2002 is amended by adding at the end the 
following: 
‘‘(e) PROGRAM TO PROVIDE ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a program to provide assistance to States and 
certain local governments to enhance the ability of 
State and local first responders to respond to inci-
dents of terrorism, including incidents involving 
weapons of mass destruction. 
‘‘(2) FEDERAL SHARE.—The Federal share of 
the cost of assistance under this subsection is as fol-
lows: 
‘‘(A) 1ST YEAR.—shall not exceed 100 per-
cent; 
‘‘(B) 2D YEAR.—shall not exceed 95 per-
cent; 
‘‘(C) 3D YEAR.—shall not exceed 90 per-
cent; and 
‘‘(D) 4TH YEAR.—shall not exceed 80 per-
cent. 
‘‘(3) FORMS OF ASSISTANCE.—
‘‘(A) IN
GENERAL.—Assistance provided 
under paragraph (1) may consist of—
‘‘(i) grants; and
‘‘(ii) such other forms of assistance as 
the Secretary determines to be appropriate. 
‘‘(B) USES
OF
ASSISTANCE.—Assistance 
provided under this subsection shall be used—
‘‘(i) to purchase, to the maximum ex-
tent practicable, interoperable equipment 
that is necessary to respond to incidents of 
terrorism, including incidents involving 
weapons of mass destruction; 
‘‘(ii) to train first responders, con-
sistent with guidelines and standards de-
veloped by the Secretary; 
‘‘(iii) in consultation with the Sec-
retary, to develop, construct, or upgrade 
terrorism preparedness training facilities 
and other facilities dealing with emergency 
preparedness; 
‘‘(iv) to develop, construct, or upgrade 
emergency operating centers; 
‘‘(v) to develop preparedness and re-
sponse plans consistent with Federal, 
State, and local strategies as determined 
by the Secretary;
‘‘(vi) to provide systems and equip-
ment to meet communication needs, such 
as emergency notification systems, inter-
operable equipment, and secure commu-
nication equipment; 
‘‘(vii) to conduct exercises; 
‘‘(viii) to provide for the necessary 
equipment needed by local first responders 
to prepare for and prevent possible ter-
rorist attacks; 
‘‘(ix) to provide for personnel training 
costs; and 
‘‘(x) to provide for personnel costs of 
counterterrorism security and intelligence 
activities; 
‘‘(xi) to enhance security at facilities; 
and 
‘‘(xii) to carry out such other related 
activities as are approved by the Secretary. 
‘‘(4) ALLOCATION OF FUNDS.—
‘‘(A) IN
GENERAL.—The Secretary shall 
make available for each fiscal year—
‘‘(i) 1⁄3 of the total amount appro-
priated for this subsection to the 5 local 
governments that the Secretary determines
(in consultation with the Director of the 
Central Intelligence Committee, the Direc-
tor of the Federal Bureau of Investigation, 
and the Secretary of Health and Human 
Services) are at the greatest risk and vul-
nerability of a terrorist attack. 
‘‘(ii) the remaining 2⁄3 of the total 
amount appropriated for this subsection to 
the 50 States as the Secretary determines 
(in consultation with the Director of the 
Central Intelligence Committee, the Direc-
tor of the Federal Bureau of Investigation, 
and the Secretary of Health and Human 
Services) are at the greatest risk and vul-
nerability of a terrorist attack. 
‘‘(B) DISTRUBTION
OF
FUNDS
FOR
LOCAL GOVERNMENTS.—Of the amount made 
available for the 5 local governments under sub-
paragraph (A)(i), the Secretary shall dis-
tribute—
‘‘(i) 1⁄2 in the ratio that the level of 
risk of terrorist attack of each local gov-
ernment bears to the level of risk of ter-
rorist attack of all 5 such municipalities.
‘‘(ii) 1⁄4 in the ratio that the total pop-
ulation of each local government bears to
the total population of all 5 such munici-
palities. 
‘‘(iii) 1⁄4 in the ratio that the number 
of marquee landmarks in the jurisdiction 
of each local government bears to the num-
ber of marquee landmarks in the jurisdic-
tion of all 5 such local governments. 
‘‘(C) 
DISTRIBUTION
OF
FUNDS
TO 
STATES.—Of the amount made available under 
subparagraph (A)(ii), the Secretary shall dis-
tribute to States—
‘‘(i) 1⁄3 in the ratio that the level of 
risk of terrorist attack of each State bears 
to the level of risk of terrorist attack of all 
States. 
‘‘(ii) 1⁄3 in the ratio that the total pop-
ulation of each State bears to the total 
population of all States. 
‘‘(iii) 1⁄3 in the ratio that the number 
of marquee landmarks in each State bears 
to the number of marquee landmarks in all 
States.
‘‘(D) CONSTRUCTION.—Nothing in this 
paragraph shall preclude a State from distrib-
uting funds to a local government that receives 
funds under subparagraph (A)(i). 
‘‘(5) ADMINISTRATIVE EXPENSES.—
‘‘(A) EXPENSES
OF
SECRETARY.—From 
amounts made available under this subsection, 
the Secretary may use to pay salaries and other 
administrative expenses incurred in admin-
istering the program not more than the lesser 
of—
‘‘(i) 5 percent of the funds made 
available to carry out this subsection for 
the fiscal year; or 
‘‘(ii) 
for 
fiscal 
year 
2004, 
$75,000,000; and 
‘‘(iii) for each of fiscal years 2005 
through 2007, $50,000,000. 
‘‘(B) STATE EXPENSES.—For each fiscal 
year, not more than 10 percent of the funds re-
tained by a State after application of subsection 
(e) may be used to pay salaries and other ad-
ministrative expenses incurred in administering 
the program. 
‘‘(6) COORDINATION.—
‘‘(A) STATE COORDINATION.—Each State 
shall coordinate with local governments con-
cerning the use of assistance provided to local 
governments under paragraph (5). 
‘‘(B) FEDERAL AGENCY COORDINATION.—
The Secretary shall, as necessary, coordinate 
the provision of assistance under this section 
with activities carried out by—
‘‘(i) the Administrator of the United 
States Fire Administration in connection 
with the implementation by the Adminis-
trator of the assistance to firefighters 
grant program established under section 
33 of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229) (as 
added by section 1701(a) of the Floyd D. 
Spence National Defense Authorization 
Act for Fiscal Year 2001 (114 Stat. 1654, 
1654A-360)); 
‘‘(ii) the Attorney General, in connec-
tion with the implementation of the Com-
munity Oriented Policing Services (COPS) 
Program established under section 1701(a) 
of the Omnibus Crime Control and Safe
Streets 
Act 
of 
1968 
(42 
U.S.C. 
3796dd(a)). 
‘‘(7) REPORTS.—
‘‘(A) ANNUAL
REPORT
TO
THE
SEC-
RETARY.—Each of the 5 local governments se-
lected under paragraph (4)(A)(i) and each 
State that receives assistance under this sub-
section, shall submit to the Secretary, not later 
than 60 days after the end of each fiscal year, 
a report regarding the use of the assistance in 
the fiscal year. 
‘‘(B) EXERCISE
AND
REPORT
TO
CON-
GRESS.—Not later than 3 years after the date 
of enactment of this subsection, a State shall—
‘‘(i) conduct an exercise, or partici-
pate in a regional exercise, approved by the 
Secretary, to measure the progress of the 
State in enhancing the ability of State and 
local first responders to respond to inci-
dents of terrorism, including incidents in-
volving weapons of mass destruction; and 
‘‘(ii) submit a report on the results of 
the exercise to—
‘‘(I) the Committees on the Judi-
ciary and the Committees on Appro-
priations of the House of Representa-
tives and the Senate; and 
‘‘(II) the Select Committee on 
Homeland Security of the House of 
Representatives. 
‘‘(8) DEFINITIONS.—In this subsection the fol-
lowing definitions apply: 
‘‘(A) WEAPON OF MASS DESTRUCTION.—
The term ‘weapon of mass destruction’ has the 
meaning given the term in section 2302 of title 
50, United States Code.’’. 
‘‘(B) FIRST RESPONDERS.—The term ‘first 
responder’ means—
‘‘(i) fire, emergency medical service, 
health service, law enforcement personnel, 
and urban search and rescue forces; and 
‘‘(ii) such other personnel as are iden-
tified by the Secretary of Homeland Secu-
rity. 
‘‘(C) MARQUEE
LANDMARKS.—The term 
‘marquee landmarks’ means recognizable land-
marks or structures such as skyscrapers, 
bridges, tunnels, historic landmarks, locations 
of international noteworthiness or other notable 
landmarks that are associated with a given
community on a national scale. Additionally, 
these also include major seaports and airports,
power plants, military installations, major 
transportation lines such as subways, dams and 
other structures associated with America 
‘‘(D) STATE.—The term ‘State’ means any 
State of the United States or any instrumen-
tality thereof approved by the Governor; the 
Commonwealth of Puerto Rico, the United 
States Virgin Islands, American Samoa, Guam 
and the Northern Mariana Islands. 
‘‘(E) TERRORISM.—The term ‘terrorism’ 
includes attacks with biological, chemical, or 
nuclear weaponry. 
‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(A) IN GENERAL.—There are authorized 
to be appropriated to carry out this sub-
section—
‘‘(i) $3,500,000,000 for fiscal year 
2004; 
‘‘(ii) $3,750,000,000 for each of fiscal 
years 2005 through 2007; and 
‘‘(B) FUND TO SUPPLEMENT.—The funds 
authorized under subparagraph (A) are to sup-
plement, not supplant, other Federal funding
programs for America’s first responders or 
HEROs including the Local Law Enforcement 
Block Grant, State Criminal Alien Assistance 
program, the Edward Byrne grant program, 
and the Community Orientated Policing Pro-
gram (COPS).’’. 
SEC. 5. FIREFIGHTER COUNTERTERRORISM PROGRAM. 
The Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2201 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 35. FIREFIGHTER COUNTERTERRORISM PROGRAM. 
‘‘(a) GRANTS.—The Director shall provide grants for 
counterterrorism activities of the fire departments in the 
five localities of greatest vulnerability, as determined 
under section 430(e)(4)(A)(i) of the Homeland Security 
Act of 2002. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Director for car-
rying out this section such sums as may be necessary for 
each of the fiscal years 2004 through 2007.’’. 
SEC. 6. USA PATRIOT ACT. 
(a) GRANTS.—Section 1014(c) of the Uniting and 
Strengthening America by Providing Appropriate Tools 
Required to Intercept and Obstruct Terrorism Act of 2001
(USA Patriot Act) (42 U.S.C. 3711) is amended by add-
ing the following: 
‘‘(4) Any amount above the minimum described 
in paragraph (3) shall be allocated among the States 
as follows—
‘‘(A) 1⁄2 in the ratio that the level of risk 
of terrorist attack of each State bears to the 
level of risk of terrorist attack of all States 
based on an assessment by the Secretary of 
Homeland Security (in consultation with the 
Directors of the Federal Bureau of Investiga-
tion and the Central Intelligence Agency); 
‘‘(B) 1⁄4 in the ratio that the total popu-
lation of each State, bears to the total popu-
lation of all States; and 
‘‘(C) 1⁄4 in the ratio that the number of 
marquee landmarks in each State, bears to the 
number of marquee landmarks in all States. 
(b) USE OF GRANT AMOUNTS.—Section 1014(b) is 
amended to read as follows: 
‘‘(b) USE OF GRANT AMOUNTS.—Grants under this 
section may be used to purchase necessary equipment, to 
enhance security at facilities, to provide training (includ-
ing the personnel costs of the trainees), to support 
counter-terrorism, intelligence, and security activities (in-
cluding personnel costs) and to provide technical assist-
ance to State and local first responders.’’. 
(c) Section 1014 of Public Law 107–56 is amended 
by adding at the end the following new subsections: 
‘‘(d) GRANT DISTRIBUTION.—Each State receiving a 
grant under this section shall distribute not less than 75 
percent of such grant amount (before reduction for any 
administrative costs of the State) to local jurisdictions 
within the State. 
‘‘(e) EXCEPTION.—Grants under this section shall 
not be subject to a maintenance of effort or matching re-
quirement.’’. 
SEC. 7. PROTECTION OF HEALTH AND SAFETY OF FIRST 
RESPONDERS. 
Subtitle B of title VI of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 
5197 et seq.) (as amended by section 5(a)) is amended 
by adding at the end the following: 
‘‘SEC. 631. PROTECTION OF HEALTH AND SAFETY OF FIRST 
RESPONDERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) FIRST RESPONDER.—The term ‘first re-
sponder’ means—
‘‘(i) fire, emergency medical service, 
health service, law enforcement personnel, 
and urban search and rescue forces; and
‘‘(ii) such other personnel as are iden-
tified by the Secretary of Homeland Secu-
rity. 
‘‘(2) HARMFUL SUBSTANCE.—The term ‘harm-
ful substance’ means a substance that the President 
determines may be harmful to human health. 
‘‘(3) PROGRAM.—The term ‘‘program’’ means a 
program described in subsection (b)(1). 
‘‘(b) PROGRAM.— 
‘‘(1) IN GENERAL.—If the President determines 
that 1 or more harmful substances are being, or 
have been, released in an area that the President 
has declared to be a major disaster area under this 
Act, the President shall carry out a program with 
respect to the area for the protection, assessment, 
monitoring, and study of the health and safety of 
first responders. 
‘‘(2) ACTIVITIES.—A program shall include—
‘‘(A) collection and analysis of environ-
mental and exposure data; 
‘‘(B) development and dissemination of 
educational materials;
‘‘(C) provision of information on releases 
of a harmful substance; 
‘‘(D) identification of, performance of 
baseline health assessments on, taking biologi-
cal samples from, and establishment of an expo-
sure registry of first responders exposed to a 
harmful substance; 
‘‘(E) study of the long-term health impacts 
of any exposures of first responders to a harm-
ful substance through epidemiological studies; 
and 
‘‘(F) provision of assistance to participants 
in registries and studies under subparagraphs 
(D) and (E) in determining eligibility for health 
coverage and identifying appropriate health 
services. 
‘‘(3) PARTICIPATION IN REGISTRIES AND STUD-
IES.— 
‘‘(A) IN GENERAL.—Participation in any 
registry or study under subparagraph (D) or 
(E) of paragraph (2) shall be voluntary. 
‘‘(B) 
PROTECTION
OF
PRIVACY.—The 
President shall take appropriate measures to 
protect the privacy of any participant in a reg-
istry or study described in subparagraph (A).
‘‘(4) COOPERATIVE AGREEMENTS.—The Presi-
dent may carry out a program through a cooperative 
agreement with a medical or academic institution, or 
a consortium of such institutions, that is— 
‘‘(A) located in close proximity to the 
major disaster area with respect to which the 
program is carried out; and 
‘‘(B) experienced in the area of environ-
mental or occupational health and safety, in-
cluding experience in—
‘‘(i) conducting long-term epidemio-
logical studies; 
‘‘(ii) conducting long-term mental 
health studies; and 
‘‘(iii) establishing and maintaining en-
vironmental exposure or disease registries. 
‘‘(c) this will authorize and fund the necessary med-
ical monitoring and treatment of the first responders at 
Ground Zero from the attacks on New York City of Sep-
tember 11, 2001. 
‘‘(d) REPORTS AND RESPONSES TO STUDIES.— 
‘‘(1) REPORTS.—Not later than 1 year after the 
date of completion of a study under subsection 
(b)(2)(E), the President, or the medical or academic 
institution or consortium of such institutions that
entered into the cooperative agreement under sub-
section (b)(4), shall submit to the Secretary, the 
Secretary of Health and Human Services, the Sec-
retary of Labor, the Administrator of the Environ-
mental Protection Agency and the Majority and Mi-
nority Leaders of the House of Representatives and 
the Senate a report on the study. 
‘‘(2) CHANGES
IN
PROCEDURES.—To protect 
the health and safety of first responders, the Presi-
dent shall make such changes in procedures as the 
President determines to be necessary based on the 
findings of a report submitted under paragraph 
(1).’’.
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