I 
108TH CONGRESS 
2D SESSION 
H. R. 5430
To authorize the Secretary of Homeland Security to make grants to first 
responders, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 7, 2004
Mr. FRELINGHUYSEN (for himself, Mr. SMITH of New Jersey, Mr. SAXTON, 
Mr. LOBIONDO, Mr. FERGUSON, and Mr. GARRETT of New Jersey) intro-
duced the following bill; which was referred to the Select Committee on 
Homeland Security, and in addition to the Committees on Transportation 
and Infrastructure, the Judiciary, and Energy and Commerce, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To authorize the Secretary of Homeland Security to make 
grants to first responders, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Smarter Funding for 
all of America’s Homeland Security Act of 2004’’.
HR 5430 IH 
SEC. 2. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR 
TRADITIONAL FIRST RESPONDER MISSIONS. 
(a) IN GENERAL.—This Act does not affect any au-
thority to make grants under any Federal grant program 
in existence immediately prior to September 11, 2001, 
that enhance traditional missions of State and local law 
enforcement, firefighters, ports, emergency medical serv-
ices, or public health missions. 
(b) INCLUDED PROGRAMS.—The programs referred 
to in subsection (a) include the following: 
(1) FIRE GRANT PROGRAM.—The Fire Grant 
Program authorized by section 1703 of the Defense 
Authorization Act of 2001 (Public Law 106–398). 
(2) EMERGENCY MANAGEMENT PLANNING AND 
ASSISTANCE
ACCOUNT
GRANTS.—The Emergency 
Management Performance Grant program and the 
Urban Search and Rescue Grants program author-
ized 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 Housing and Urban Development, and Inde-
pendent Agencies Appropriations Act, 2000 (113 
Stat. 1047 et seq.); and the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.). 
(3) DEPARTMENT OF JUSTICE LAW ENFORCE-
MENT GRANT PROGRAMS.—The Local Law Enforce-
HR 5430 IH 
ment Block Grant program of the Department of 
Justice. 
(4) BYRNE MEMORIAL FORMULA GRANTS.—The 
Edward Byrne Memorial State and Local Law En-
forcement Assistance Programs authorized by part 
E of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3750 et seq.). 
(5) COPS.—The Public Safety and Community 
Policing (‘‘COPS ON THE BEAT’’) grant program 
authorized by part Q of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd et seq.). 
(6) HEALTH
AND
HUMAN
SERVICES
GRANT 
PROGRAMS.—Grant programs under the Public 
Health Service Act regarding preparedness for bio-
terrorism and other public health emergencies (in-
cluding grants under sections 319C–1, 319C–2, and 
319F), and the emergency response assistance pro-
gram authorized by section 1412 of the National 
Defense Authorization Act for Fiscal Year 1997 (50 
U.S.C. 2312). 
SEC. 3. FASTER AND SMARTER FUNDING FOR FIRST RE-
SPONDERS. 
(a) IN GENERAL.—Subtitle A of title VIII of the 
Homeland Security Act of 2002 (Public Law 107–296; 6
HR 5430 IH 
infrastructure, as determined by the Under Sec-
retary for Information Analysis and Infrastructure 
Protection based on its analysis under subsection (e) 
of threat-related information from all sources pursu-
ant to its authority under section 202 of the Home-
land Security Act of 2002. 
‘‘(2) GRANT ELIGIBILITY.—To be eligible for a 
grant under this section an applicant must be—
‘‘(A) a State; or 
‘‘(B) a region. 
‘‘(3) CONSISTENCY.—Any grant awarded under 
this section shall be used to supplement and support, 
in a consistent and coordinated manner, activities 
described under subsection (f) in accordance with a 
homeland security plan specified in the application 
for the grant. 
‘‘(d) APPLICATION FOR GRANT.—
‘‘(1) IN GENERAL.—Any State or eligible re-
gional entity may apply for a grant under this sec-
tion by submitting to the Secretary an application at 
such time, in such manner, and containing such in-
formation as the Secretary may reasonably require. 
‘‘(2) POINT OF CONTACT.—The Office for State 
and Local Government Coordination shall be the sole
HR 5430 IH 
point-of-contact between the Department and appli-
cants for grants under this section. 
‘‘(3) CONTENTS OF APPLICATION.—Each appli-
cation for a grant under this section must include 
the following: 
‘‘(A) Details of the purpose for which 
grant funds are sought and the reasons why the 
applicant needs the grant, including specifica-
tion of what the applicant expects to purchase 
or accomplish with the grant funds. 
‘‘(B) Identification of the entity that will 
expend the grant funds. 
‘‘(C) A detailed capital budget showing 
how the grant funds will be allocated and spent. 
‘‘(D) A statement of whether a mutual aid 
agreement applies to the use of the grant funds. 
‘‘(E) A description of the source of the 
threat to which the proposed grant relates, in-
cluding the type of attack for which the appli-
cant is preparing for in seeking the grant fund-
ing. 
‘‘(F) A statement of why the proposed use 
of funds is not a traditional first responder mis-
sion.
HR 5430 IH 
‘‘(G) A description of how the applicant in-
tends to meet the matching requirement under 
subsection (g)(2), and a statement of whether 
the applicant will commit to provide more 
matching funds than the amount required 
under that subsection. 
‘‘(e) THREAT-BASED EVALUATION OF GRANT APPLI-
CATIONS.—
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Under Secretary, shall evaluate and 
prioritize applications for grants under this section 
based on an objective determination and exhaustive 
assessment of the threat to the population or assets 
covered by the application. 
‘‘(2) CATEGORIES OF THREATS TO BE CONSID-
ERED.—In evaluating and prioritizing applications 
for grants under this section, the Under Secretary 
for Information Analysis and Infrastructure Protec-
tion’s risk analysis shall include consideration of 
whether and the degree to which threats within the 
following categories are applicable at that time to 
the State or region for which the application is 
made:
HR 5430 IH 
‘‘(A) Threats to the population of the 
State or region, including military and tourist 
populations. 
‘‘(B) Threats to specific economic sectors 
or private sector facilities. 
‘‘(C) Threats to major communications 
nodes, including cyber and telephonic nodes. 
‘‘(D) Threats to specific elements of the 
Nation’s food supply. 
‘‘(E) Threats to the water supply. 
‘‘(F) Threats to the energy supply, includ-
ing to electrical, petroleum, and nuclear 
sources. 
‘‘(G) Threats to civic infrastructure and 
emergency 
response 
capabilities, 
including 
threats that would—
‘‘(i) substantially eliminate the gov-
ernment of the State or region; 
‘‘(ii) materially degrade the ability of 
first responders serving the State or region 
to communicate or to provide assistance 
during and in the aftermath of an act of 
terrorism, including a chemical, biological, 
radiological, or nuclear attack; and
HR 5430 IH 
‘‘(iii) curtail the availability or effec-
tiveness of emergency medical services, in-
cluding hospital-based services, needed to 
serve the population of the State or region 
during such a terrorist-induced mass-med-
ical emergency. 
‘‘(H) Threats to specific national monu-
ments or structures of symbolic national impor-
tance, particularly those that routinely attract 
large numbers of tourist visitors. 
‘‘(I) Threats to significant concentrations 
of natural resources on which major economic 
sectors or population centers depend. 
‘‘(J) Threats to major transportation sys-
tems or nodes. 
‘‘(3) SPECIFIC THREATS.—In addition to the 
categories of threats under paragraph (2), the 
Under Secretary shall consider any other specific 
threat to a critical vulnerability that the Depart-
ment’s Directorate of Information Analysis and In-
frastructure Protection has determined exists within 
the applicant State or region. 
‘‘(4) IDENTIFICATION OF THREAT REQUIRED.— 
The Secretary may not make a grant to an applicant 
under this section unless the Under Secretary identi-
HR 5430 IH 
fies a specific vulnerability that is subject to a 
present or analytically projected threat of an act of 
terrorism. 
‘‘(5) PRIORITIZATION.—The Under Secretary 
shall prioritize applications according to the most 
current analysis by the Department’s Directorate of 
Information Analysis and Infrastructure Protection 
of the terrorist threat. 
‘‘(A) The Under Secretary shall prioritize 
threats listed under paragraph (2) according, 
first, to their specificity and tactical immediacy. 
‘‘(B) The Under Secretary shall, next, 
prioritize threats according to—
‘‘(i) first, whether they pose a risk of 
significant loss of human life; 
‘‘(ii) second, whether they pose a risk 
of large-scale denial of the means of 
human subsistence, including food or water 
supply; and 
‘‘(iii) third, whether they pose a risk 
of massive disruption to one or more sec-
tors of the economy of the United States. 
‘‘(f) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Grants under this section 
may be used for—
HR 5430 IH 
‘‘(A) the purchase or upgrading of equip-
ment; 
‘‘(B) exercises to strengthen emergency re-
sponse; 
‘‘(C) training in the use of equipment; and 
‘‘(D) training for prevention (including de-
tection) of, preparedness for, or response to at-
tacks involving weapons of mass destruction, re-
gardless of their perpetrators or sponsorship, 
including exercises to strengthen emergency 
preparedness of State, regional, and local first 
responders. 
‘‘(2) PROHIBITED
USES.—Grant funds under 
this section may not be used to supplant State or 
local funds that would, in the absence of Federal 
aid, be available for homeland security or other first 
responder related projects. 
‘‘(A) 
CONSTRUCTION.—Grants 
awarded 
under this section may not be used to construct 
buildings or other physical facilities, except 
those described in section 611 of the Disaster 
Relief Act of 1974 (42 U.S.C. 5196), or to ac-
quire land. 
‘‘(B) COST
SHARING.—Grant funds pro-
vided under this section shall not be used for
HR 5430 IH 
any State or local government cost sharing con-
tribution request under this section. 
‘‘(3) FLEXIBILITY IN UNSPENT HOMELAND SE-
CURITY GRANT FUNDS.—Upon request by a grantee 
under this section, the Secretary may authorize the 
grantee to transfer all or part of funds provided as 
a grant under this section, from uses specified in the 
grant to other uses authorized under this Act, if the 
Secretary determines that such transfer is in the in-
terests of homeland security. 
‘‘(g) STATE AND REGIONAL RESPONSIBILITIES.—
‘‘(1) PASS-THROUGH.—The Secretary shall re-
quire a recipient of a grant under this section that 
is a State or multi-State entity to provide to local 
governments, first responders, and other local 
groups, consistent with homeland security plans 
specified in the application for the grant, not less 
than 80 percent of the grant funds, resources pur-
chased 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.—
HR 5430 IH 
‘‘(A) IN GENERAL.—The Federal share of 
the costs of an activity carried out with a grant 
to a State or region under this section shall not 
exceed 75 percent. 
‘‘(B) EFFECTIVE
DATE.—The matching 
requirement under subparagraph (A) shall take 
effect 2 years after the date of enactment of 
this Act. 
‘‘(3) REPORT ON HOMELAND SECURITY SPEND-
ING.—Each recipient of a grant under this section 
shall annually submit a report to the Secretary that 
contains the following information: 
‘‘(A) The amount and the dates of receipt 
of all grant funds received. 
‘‘(B) The amount and the dates of dis-
bursements of all funds expended in compliance 
with subsection (g)(1) or pursuant to mutual 
aid agreements or other sharing arrangements 
that apply within a region. 
‘‘(C) How the funds were utilized by each 
ultimate recipient or beneficiary. 
‘‘(h) INCENTIVES TO EFFICIENT ADMINISTRATION 
OF HOMELAND SECURITY GRANTS.—
‘‘(1) PENALTIES
FOR
FAILURE
TO
PROVIDE 
LOCAL SHARE.—If a grant recipient under this sec-
HR 5430 IH 
tion that is a State or multi-State entity fails to pro-
vide to local governments, first responders, and 
other local groups funds or resources as required by 
subsection (g)(1) within 45 days after receiving 
grant funds under this section, the Secretary may—
‘‘(A) reduce grant payments to the grant 
recipient from the portion of grant funds that 
is not required to be provided under subsection 
(g)(1); 
‘‘(B) terminate payment of grant funds 
under this section to the recipient, and transfer 
the appropriate 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 grant funds under 
this section, which may include—
‘‘(i) prohibiting use of such funds to 
pay the grant recipient’s grant-related 
overtime 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 provided under subsection 
(g)(1); or
HR 5430 IH 
‘‘(iii) for each day that the grant re-
cipient fails to provide funds or resources 
in accordance with subsection (g)(1), re-
ducing grant payments to the grant recipi-
ent from the portion of grant funds that 
is not required to be provided under sub-
section (g)(1), except that the total amount 
of such reduction may not exceed 20 per-
cent of the total amount of the grant. 
‘‘(2) PROVISION
OF
NON-LOCAL
SHARE
TO 
LOCAL
GOVERNMENT.—(A) The Secretary, acting 
through the Office for State and Local Government 
Coordination, may upon request by a local govern-
ment pay to the local government a portion of the 
amount of a grant to a State or multi-State entity 
in the jurisdiction of which the local government is 
located, if—
‘‘(i) the local government will use the 
amount paid to expedite planned enhancements 
to its homeland security-related readiness; and 
‘‘(ii) the State or multi-State entity has 
failed to provide funds or resources in accord-
ance with subsection (g)(1). 
‘‘(B) To receive a payment under this para-
graph, a local government must demonstrate that—
HR 5430 IH 
‘‘(i) it is identified explicitly as an ultimate 
recipient or intended beneficiary in the ap-
proved grant application submitted by the 
grantee; 
‘‘(ii) it was intended by the grantee to re-
ceive a severable portion of the overall grant for 
a specific purpose that is identified in the grant 
application; 
‘‘(iii) it petitioned the grantee for the 
funds or resources after expiration of the period 
within which the funds or resources were re-
quired to be provided under subsection (g)(1); 
and 
‘‘(iv) it did not receive the portion of the 
overall grant that was earmarked or designated 
for its use or benefit. 
‘‘(C) To obtain a payment under this para-
graph, a local government must provide a copy of 
the original application. 
‘‘(D) Payment of grant funds to a local govern-
ment under this paragraph—
‘‘(i) shall not affect any payment to an-
other local government under this paragraph; 
and
HR 5430 IH 
‘‘(ii) shall not prejudice consideration of a 
request for payment under this paragraph that 
is submitted by another local government. 
‘‘(E) The Office for State and Local Govern-
ment Coordination shall approve or disapprove each 
request for payment under this paragraph by not 
later than 15 days after the date the request is re-
ceived by the Office. 
‘‘(i) REPORTS REGARDING DISTRIBUTION OF GRANT 
FUNDS TO LOCAL GOVERNMENTS.—The recipient of a 
grant under this section shall report to the Secretary, by 
not later than 30 days after the expiration of the period 
described in subsection (g)(1) with respect to the grant, 
regarding the speed of distribution of grant funds and re-
sources to local governments, first responders, and other 
local groups pursuant to subsection (g)(1). 
‘‘(j) REPORTS TO CONGRESS.—The Secretary shall 
submit an annual report to the Select Committee on 
Homeland Security of the House of Representatives and 
the Committee on Governmental Affairs of the Senate—
‘‘(1) describing in detail the amount of Federal 
funds provided as grants under this section that 
were directed to each State and region; and 
‘‘(2) containing information on the use of such 
grant funds by grantees.
HR 5430 IH 
‘‘(k) DEFINITIONS.—For purposes of this section: 
‘‘(1) FIRST RESPONDER.—The term ‘first re-
sponder’ means—
‘‘(A) fire, emergency medical service, and 
law enforcement personnel; and 
‘‘(B) such other personnel as are identified 
by the Secretary. 
‘‘(2) HOMELAND SECURITY PLAN.—The term 
‘homeland security plan’ means a 3-year plan devel-
oped by a State to—
‘‘(A) assess a State’s risks, threats, and 
vulnerabilities to acts of terrorism; 
‘‘(B) determine a State’s capabilities to re-
spond to acts of terrorism; and 
‘‘(C) set priorities for the allocation of 
grant funds received under this section. 
‘‘(3) UNDER
SECRETARY.—The term ‘Under 
Secretary’ means the Under Secretary for Informa-
tion Analysis and Infrastructure Protection. 
‘‘(4) REGION.—The term ‘region’ means a 
multi-State or intra-State entity, established by law 
or by agreement of two or more governments or gov-
ernmental agencies in a mutual aid agreement.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 (6
HR 5430 IH 
U.S.C. 101 et seq.) is amended by inserting at the end 
of the items relating to subtitle A of title VIII the fol-
lowing:
‘‘Sec. 802. Faster and smarter funding for first responders.’’.
SEC. 4. ADVISORY COUNCIL ON FIRST RESPONDERS. 
(a) IN GENERAL.—Subtitle A of title VIII of the 
Homeland Security Act of 2002 (Public Law 107–296; 6 
U.S.C. 361 et seq.) is further amended by adding at the 
end the following: 
‘‘SEC. 803. ADVISORY COUNCIL ON FIRST RESPONDERS. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish the Advisory Council on First Responders, which shall 
report to the Secretary through the head of the Office of 
State and Local Government Coordination (in this section 
referred to as the ‘Advisory Council’). 
‘‘(b) FUNCTIONS.—The Advisory Council shall—
‘‘(1) advise the Secretary as to whether there is 
a need for a Federal standard with respect to any 
particular first responder equipment or training; and 
‘‘(2) have such additional responsibilities as the 
Secretary may assign in furtherance of the Depart-
ment’s homeland security mission with respect to en-
hancing the capabilities of State and local first re-
sponders. 
‘‘(c) MEMBERSHIP.—
HR 5430 IH 
‘‘(1) IN GENERAL.—The Advisory Council shall 
consist of 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) SELECTION
OF
MEMBERS.—The Sec-
retary—
‘‘(A) shall include in the membership of 
the Advisory Council—
‘‘(i) members selected from traditional 
first 
responder 
fields, 
including 
fire-
fighters, police, and emergency manage-
ment personnel; 
‘‘(ii) experts representing hospitals 
(including emergency and inpatient med-
ical service providers), the public health 
profession, and public works; and 
‘‘(B) may include in the membership of the 
Advisory Council, at the Secretary’s discretion, 
elected State and local officials with demon-
strable expertise in homeland security-related 
matters.
HR 5430 IH 
‘‘(d) MEETINGS.—The Advisory Council shall meet 
not less than quarterly.’’. 
(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 further amended by inserting at 
the end of the items relating to subtitle A of title VIII 
the following:
‘‘Sec. 803. Advisory Council on First Responders.’’.
SEC. 5. 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 fol-
lowing: 
‘‘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 and economic sectors to which 
the designation applies. 
‘‘(b) REPORTS.—The Secretary shall report annually 
to the Congress regarding the geographic region-specific 
and economic sector-specific warnings issued in the pre-
ceding year under the Homeland Security Advisory Sys-
tem referred to in section 201(d)(7), and the bases for