†
243
HR 1588 EAS/PP
waive any domestic source or content requirement con-
tained in any of the following laws:
‘‘(1) The Small Business Act (15 U.S.C. 631 et
seq.).
‘‘(2) The Javits-Wagner-O’Day Act (41 U.S.C.
46 et seq.).
‘‘(3) Sections 7309 and 7310 of this title.
‘‘(4) Section 2533a of this title.
‘‘(g) RELATIONSHIP
TO OTHER WAIVER AUTHOR-
ITY.—The authority under subsection (a) to waive a domes-
tic source requirement or domestic content requirement is
in addition to any other authority to waive such require-
ment.
‘‘(h) CONSTRUCTION WITH RESPECT TO LATER EN-
ACTED LAWS.—This section may not be construed as being
inapplicable to a domestic source requirement or domestic
content requirement that is set forth in a law enacted after
the enactment of this section solely on the basis of the later
enactment.
‘‘(i) DECLARATION OF PRINCIPLES.—(1) In this sec-
tion, the term ‘Declaration of Principles’ means a written
understanding between the Department of Defense and its
counterpart in a foreign country signifying a cooperative
relationship between the Department and its counterpart
to standardize or make interoperable defense equipment
†
244
HR 1588 EAS/PP
used by the armed forces and the armed forces of the foreign
country across a broad spectrum of defense activities,
including—
‘‘(A) harmonization of military requirements
and acquisition processes;
‘‘(B) security of supply;
‘‘(C) export procedures;
‘‘(D) security of information;
‘‘(E) ownership and corporate governance;
‘‘(F) research and development;
‘‘(G) flow of technical information; and
‘‘(H) defense trade.
‘‘(2) A Declaration of Principles is underpinned by a
memorandum of understanding or other agreement pro-
viding for the reciprocal procurement of defense items be-
tween the United States and the foreign country concerned
without unfair discrimination in accordance with section
2531 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such subchapter is amended by inserting
after the item relating to section 2539b the following new
item:
‘‘2539c. Waiver of domestic source or content requirements.’’.
†
245
HR 1588 EAS/PP
SEC. 834. BUY AMERICAN EXCEPTION FOR BALL BEARINGS
AND ROLLER BEARINGS USED IN FOREIGN
PRODUCTS.
Section 2534(a)(5) of title 10, United States Code, is
amended by inserting before the period at the end the fol-
lowing: ‘‘, except ball bearings and roller bearings being
procured for use in an end product manufactured by a
manufacturer that does not satisfy the requirements of sub-
section (b) or in a component part manufactured by such
a manufacturer’’.
Subtitle E—Defense Acquisition
and Support Workforce
SEC. 841. FLEXIBILITY FOR MANAGEMENT OF THE DE-
FENSE ACQUISITION AND SUPPORT WORK-
FORCE.
(a) MANAGEMENT STRUCTURE.—(1) Sections 1703,
1705, 1706, and 1707 of title 10, United States Code, are
repealed.
(2) Section 1724(d) of such title is amended—
(A) in the first sentence, by striking ‘‘The acqui-
sition career program board concerned’’ and all that
follows through ‘‘if the board certifies’’ and inserting
‘‘The Secretary of Defense may waive any or all of
the requirements of subsections (a) and (b) with re-
spect to an employee of the Department of Defense or
†
246
HR 1588 EAS/PP
member of the armed forces if the Secretary deter-
mines’’;
(B) in the second sentence, by striking ‘‘the
board’’ and inserting ‘‘the Secretary’’; and
(C) by striking the third sentence.
(3) Section 1732(b) of such title is amended—
(A) in paragraph (1)(C), by striking ‘‘, as vali-
dated by the appropriate career program management
board’’; and
(B) in paragraph (2)(A)(ii), by striking ‘‘has
been certified by the acquisition career program board
of the employing military department as possessing’’
and inserting ‘‘possess’’.
(4) Section 1732(d) of such title is amended—
(A) in paragraph (1)—
(i) in the first sentence, by striking ‘‘the ac-
quisition career program board of a military de-
partment’’ and all that follows through ‘‘if the
board certifies’’ and inserting ‘‘The Secretary of
Defense may waive any or all of the require-
ments of subsection (b) with respect to an em-
ployee if the Secretary determines’’;
(ii) in the second sentence, by striking ‘‘the
board’’ and inserting ‘‘the Secretary’’; and
(iii) by striking the third sentence; and
†
247
HR 1588 EAS/PP
(B) in paragraph (2), by striking ‘‘The acquisi-
tion career program board of a military department’’
and inserting ‘‘The Secretary’’.
(5) Section 1734(d) of such title is amended—
(A) in subsection (d)—
(i) by striking paragraph (2); and
(ii) in paragraph (3), by striking the second
sentence; and
(B) in subsection (e)(2), by striking ‘‘, by the ac-
quisition career program board of the department
concerned,’’.
(6) Section 1737(c) of such title is amended—
(A) by striking paragraph (2); and
(B) by striking ‘‘(1) The Secretary’’ and insert-
ing ‘‘The Secretary’’.
(b) ELIMINATION OF ROLE OF OFFICE OF PERSONNEL
MANAGEMENT.—(1) Section 1725 of such title is repealed.
(2) Section 1731 of such title is amended by striking
subsection (c).
(3) Section 1732(c)(2) of such title is amended by
striking the second and third sentences.
(4) Section 1734(g) of such title is amended—
(A) by striking paragraph (2); and
(B) in paragraph (1) by striking ‘‘(1) The Sec-
retary’’ and inserting ‘‘The Secretary’’.
†
248
HR 1588 EAS/PP
(5) Section 1737 of such title is amended by striking
subsection (d).
(6) Section 1744(c)(3)(A)(i) of such title is amended
by striking ‘‘and such other requirements as the Office of
Personnel Management may prescribe’’.
(c) SINGLE ACQUISITION CORPS.—(1) Section 1731 of
such title is amended—
(A) in subsection (a)—
(i) by striking ‘‘each of the military depart-
ments and one or more Corps, as he considers
appropriate, for the other components of’’ in the
first sentence; and
(ii) by striking the second sentence; and
(B) in subsection (b), by striking ‘‘an Acquisi-
tion Corps’’ and inserting ‘‘the Acquisition Corps’’.
(2) Sections 1732(a), 1732(e)(1), 1732(e)(2), 1733(a),
1734(e)(1), and 1737(a)(1) of such title are amended by
striking ‘‘an Acquisition Corps’’ and inserting ‘‘the Acqui-
sition Corps’’.
(3) Section 1734 of such title is amended—
(A) in subsection (g), by striking ‘‘each Acquisi-
tion Corps, a test program in which members of a
Corps’’ and inserting ‘‘the Acquisition Corps, a test
program in which members of the Corps’’; and
†
249
HR 1588 EAS/PP
(B) in subsection (h), by striking ‘‘making as-
signments of civilian and military members of the
Acquisition Corps of that military department’’ and
inserting ‘‘making assignments of civilian and mili-
tary personnel of that military department who are
members of the Acquisition Corps’’.
(d) CONSOLIDATION
OF CERTAIN EDUCATION
AND
TRAINING PROGRAM REQUIREMENTS.—(1) Section 1742 of
such title is amended to read as follows:
‘‘§ 1742. Internship, cooperative education, and schol-
arship programs
‘‘The Secretary of Defense shall conduct the following
education and training programs:
‘‘(1) An intern program for purposes of pro-
viding highly qualified and talented individuals an
opportunity for accelerated promotions, career broad-
ening assignments, and specified training to prepare
them for entry into the Acquisition Corps.
‘‘(2) A cooperative education credit program
under which the Secretary arranges, through coopera-
tive arrangements entered into with one or more ac-
credited institutions of higher education, for such in-
stitutions to grant undergraduate credit for work per-
formed by students who are employed by the Depart-
ment of Defense in acquisition positions.
†
250
HR 1588 EAS/PP
‘‘(3) A scholarship program for the purpose of
qualifying personnel for acquisition positions in the
Department of Defense.’’.
(2) Sections 1743 and 1744 of such title are repealed.
(e) GENERAL MANAGEMENT PROVISIONS.—Subchapter
V of chapter 87 of such title is amended—
(1) by striking section 1763; and
(2) by adding at the end the following new sec-
tion 1764:
‘‘§ 1764. Authority to establish different minimum re-
quirements
‘‘(a) AUTHORITY.—(1) The Secretary of Defense may
prescribe a different minimum number of years of experi-
ence, different minimum education qualifications, and dif-
ferent tenure of service qualifications to be required for eli-
gibility for appointment or advancement to an acquisition
position referred to in subsection (b) than is required for
such position under or pursuant to any provision of this
chapter.
‘‘(2) Any requirement prescribed under paragraph (1)
for a position referred to in any paragraph of subsection
(b) shall be applied uniformly to all positions referred to
in such paragraph.
‘‘(b) APPLICABILITY.—This section applies to the fol-
lowing acquisition positions in the Department of Defense:
†
251
HR 1588 EAS/PP
‘‘(1) Contracting officer, except a position re-
ferred to in paragraph (5).
‘‘(2) Program executive officer.
‘‘(3) Senior contracting official.
‘‘(4) Program manager.
‘‘(5) A position in the contract contingency force
of an armed force that is filled by a member of that
armed force.
‘‘(c) DEFINITION.—In this section, the term ‘contract
contingency force’, with respect to an armed force, has the
meaning given such term in regulations prescribed by the
Secretary concerned.’’.
(f) CLERICAL AMENDMENTS.—(1) The table of sections
at the beginning of subchapter I of chapter 87 of title 10,
United States Code, is amended by striking the items relat-
ing to sections 1703, 1705, 1706, and 1707.
(2) The table of sections at the beginning of subchapter
II of such chapter is amended by striking the item relating
to section 1725.
(3) The table of sections at the beginning of subchapter
IV of such chapter is amended by striking the items relating
to sections 1742, 1743, and 1744 and inserting the fol-
lowing:
‘‘1742. Internship, cooperative education, and scholarship programs.’’.
†
252
HR 1588 EAS/PP
(4) The table of sections at the beginning of subchapter
V of such chapter is amended by striking the item relating
to section 1763 and inserting the following:
‘‘1764. Authority to establish different minimum requirements.’’.
SEC. 842. LIMITATION AND REINVESTMENT AUTHORITY
RELATING TO REDUCTION OF THE DEFENSE
ACQUISITION AND SUPPORT WORKFORCE.
(a) LIMITATION.—Notwithstanding any other provi-
sion of law, the defense acquisition and support workforce
may not be reduced, during fiscal years 2004, 2005, and
2006, below the level of that workforce as of September 30,
2002, determined on the basis of full-time equivalent posi-
tions, except as may be necessary to strengthen the defense
acquisition and support workforce in higher priority posi-
tions in accordance with this section.
(b) WORKFORCE FLEXIBILITY.—During fiscal years
2004, 2005, and 2006, the Secretary of Defense may realign
any part of the defense acquisition and support workforce
to support reinvestment in other, higher priority positions
in such workforce.
(c) HIGHER PRIORITY POSITIONS.—For the purposes
of this section, higher priority positions in the defense ac-
quisition and support workforce include the following posi-
tions:
(1) Positions the responsibilities of which include
drafting performance-based work statements for serv-
†
253
HR 1588 EAS/PP
ices contracts and overseeing the performance of con-
tracts awarded pursuant to such work statements.
(2) Positions the responsibilities of which include
conducting spending analyses, negotiating company-
wide pricing agreements, and taking other measures
to reduce contract costs.
(3) Positions the responsibilities of which include
reviewing contractor quality control systems, assess-
ing and analyzing quality deficiency reports, and
taking other measures to improve product quality.
(4) Positions the responsibilities of which include
effectively conducting public-private competitions in
accordance with Office of Management and Budget
Circular A–76.
(5) Any other positions in the defense acquisition
and support workforce that the Secretary identifies as
being higher priority positions that are staffed at lev-
els not likely to ensure efficient and effective perform-
ance of all of the responsibilities of those positions.
(d) DEFENSE ACQUISITION
AND SUPPORT WORK-
FORCE DEFINED.—In this section, the term ‘‘defense acqui-
sition and support workforce’’ means members of the Armed
Forces and civilian personnel who are assigned to, or are
employed in, an organization of the Department of Defense
†
254
HR 1588 EAS/PP
that has acquisition as its predominant mission, as deter-
mined by the Secretary of Defense.
SEC. 843. CLARIFICATION AND REVISION OF AUTHORITY
FOR DEMONSTRATION PROJECT RELATING
TO CERTAIN ACQUISITION PERSONNEL MAN-
AGEMENT POLICIES AND PROCEDURES.
Section 4308 of the National Defense Authorization
Act for Fiscal Year 1996 (10 U.S.C. 1701 note) is
amended—
(1) in subsection (b), by striking paragraph (3)
and inserting the following:
‘‘(3) CONDITIONS.—Paragraph (2) shall not
apply with respect to a demonstration project
unless—
‘‘(A) for each organization or team partici-
pating in the demonstration project—
‘‘(i) at least one-third of the workforce
participating in the demonstration project
consists of members of the acquisition work-
force; and
‘‘(ii) at least two-thirds of the work-
force participating in the demonstration
project consists of members of the acquisi-
tion workforce and supporting personnel as-
†
255
HR 1588 EAS/PP
signed to work directly with the acquisition
workforce; and
‘‘(B) the demonstration project commences
before October 1, 2007.’’;
(2) in subsection (d), by striking ‘‘95,000’’ in
subsection (d) and inserting ‘‘120,000’’;
(3) by redesignating subsection (e) as subsection
(f); and
(4) by inserting after subsection (d) the fol-
lowing:
‘‘(e) EFFECT
OF REORGANIZATIONS.—The applica-
bility of paragraph (2) of subsection (b) to an organization
or team shall not terminate by reason that the organization
or team, after having satisfied the conditions in paragraph
(3) of such subsection when it began to participate in a
demonstration project under this section, ceases to meet one
or both of the conditions set forth in subparagraph (A) of
such paragraph (3) as a result of a reorganization, restruc-
turing, realignment, consolidation, or other organizational
change.’’.
†
256
HR 1588 EAS/PP
Subtitle F—Federal Support for
Procurement of Anti-Terrorism
Technologies and Services by
State and Local Governments
SEC. 851. APPLICATION OF INDEMNIFICATION AUTHORITY
TO STATE AND LOCAL GOVERNMENT CON-
TRACTORS.
(a) AUTHORITY.—Subject to the limitations of sub-
section (b), the President may exercise the discretionary au-
thority under Public Law 85–804 (50 U.S.C. 1431 et seq.)
so as to provide under such law for indemnification of con-
tractors and subcontractors in procurements by States or
units of local government of an anti-terrorism technology
or an anti-terrorism service for the purpose of preventing,
detecting, identifying, otherwise deterring, or recovering
from acts of terrorism.
(b) LIMITATIONS.—Any authority that is delegated by
the President under subsection (a) to the head of a Federal
agency to provide for the indemnification of contractors and
subcontractors under Public Law 85–804 (50 U.S.C. 1431
et seq.) for procurements by States or units of local govern-
ment may be exercised only—
(1) in the case of a procurement by a State or
unit of local government that—
†
257
HR 1588 EAS/PP
(A) is made under a contract awarded pur-
suant to section 852; and
(B) is approved, in writing, for the provi-
sion of indemnification by the President or the
official designated by the President under section
852(a); and
(2) with respect to—
(A) amounts of losses or damages not fully
covered by private liability insurance and State
or local government-provided indemnification;
and
(B) liabilities of a contractor or subcon-
tractor not arising out of willful misconduct or
lack of good faith on the part of the contractor
or subcontractor, respectively.
SEC. 852. FEDERAL SUPPORT FOR ENHANCEMENT OF
STATE 
AND 
LOCAL 
ANTI-TERRORISM 
RE-
SPONSE CAPABILITIES.
(a) PROCUREMENTS
OF
ANTI-TERRORISM
TECH-
NOLOGIES AND SERVICES BY STATE AND LOCAL GOVERN-
MENTS THROUGH FEDERAL CONTRACTS.—
(1) ESTABLISHMENT OF PROGRAM.—The Presi-
dent shall designate an officer or employee of the
United States—
†
258
HR 1588 EAS/PP
(A) to establish, and the designated official
shall establish, a program under which States
and units of local government may procure
through contracts entered into by the designated
official anti-terrorism technologies or anti-ter-
rorism services for the purpose of preventing, de-
tecting, identifying, otherwise deterring, or recov-
ering from acts of terrorism; and
(B) to carry out the SAFER grant program
provided for under subsection (f).
(2) DESIGNATED FEDERAL PROCUREMENT OFFI-
CIAL FOR PROGRAM.—In this section, the officer or
employee designated by the President under para-
graph (1) shall be referred to as the ‘‘designated Fed-
eral procurement official’’.
(3) AUTHORITIES.—Under the program, the des-
ignated Federal procurement official—
(A) may, but shall not be required to,
award contracts using the same authorities as
are provided to the Administrator of General
Services under section 309(b)(3) of the Federal
Property and Administrative Services Act (41
U.S.C. 259(b)(3)); and
(B) may make SAFER grants in accord-
ance with subsection (f).
†
259
HR 1588 EAS/PP
(4) OFFERS
NOT
REQUIRED
TO
STATE
AND
LOCAL GOVERNMENTS.—A contractor that sells anti-
terrorism technology or anti-terrorism services to the
Federal Government may not be required to offer such
technology or services to a State or unit of local gov-
ernment under the program.
(b) RESPONSIBILITIES OF THE CONTRACTING OFFI-
CIAL.—In carrying out the program established under this
section, the designated Federal procurement official shall—
(1) produce and maintain a catalog of anti-ter-
rorism technologies and anti-terrorism services suit-
able for procurement by States and units of local gov-
ernment under this program; and
(2) establish procedures in accordance with sub-
section (c) to address the procurement of anti-ter-
rorism technologies and anti-terrorism services by
States and units of local government under contracts
awarded by the designated official.
(c) REQUIRED PROCEDURES.—The procedures re-
quired by subsection (b)(2) shall implement the following
requirements and authorities:
(1) SUBMISSIONS BY STATES.—
(A) REQUESTS AND PAYMENTS.—Except as
provided in subparagraph (B), each State desir-
ing to participate in a procurement of anti-ter-
†
260
HR 1588 EAS/PP
rorism technologies or anti-terrorism services
through a contract entered into by the designated
Federal procurement official under this section
shall submit to that official in such form and
manner and at such times as such official pre-
scribes, the following:
(i) REQUEST.—A request consisting of
an enumeration of the technologies or serv-
ices, respectively, that are desired by the
State and units of local government within
the State.
(ii) PAYMENT.—Advance payment for
each requested technology or service in an
amount determined by the designated offi-
cial based on estimated or actual costs of
the technology or service and administrative
costs incurred by such official.
(B) OTHER
CONTRACTS.—The designated
Federal procurement official may award and
designate contracts under which States and units
of local government may procure anti-terrorism
technologies and anti-terrorism services directly
from the contractors. No indemnification may be
provided under Public Law 85–804 pursuant to
an exercise of authority under section 851 for
†
261
HR 1588 EAS/PP
procurements that are made directly between
contractors and States or units of local govern-
ment.
(2) PERMITTED
CATALOG
TECHNOLOGIES
AND
SERVICES.—A State may include in a request sub-
mitted under paragraph (1) only a technology or
service listed in the catalog produced under subsection
(b)(1).
(3) COORDINATION OF LOCAL REQUESTS WITHIN
STATE.—The Governor of a State may establish such
procedures as the Governor considers appropriate for
administering and coordinating requests for anti-ter-
rorism technologies or anti-terrorism services from
units of local government within the State.
(4) SHIPMENT AND TRANSPORTATION COSTS.—A
State requesting anti-terrorism technologies or anti-
terrorism services shall be responsible for arranging
and paying for any shipment or transportation of the
technologies or services, respectively, to the State and
localities within the State.
(d) REIMBURSEMENT OF ACTUAL COSTS.—In the case
of a procurement made by or for a State or unit of local
government under the procedures established under this sec-
tion, the designated Federal procurement official shall re-
quire the State or unit of local government to reimburse
†
262
HR 1588 EAS/PP
the Department for the actual costs it has incurred for such
procurement.
(e) TIME FOR IMPLEMENTATION.—The catalog and
procedures required by subsection (b) of this section shall
be completed as soon as practicable and no later than 210
days after the enactment of this Act.
(f) SAFER GRANT PROGRAM.—
(1) AUTHORITY.—The designated Federal pro-
curement official, in cooperation with the Secretary of
the Department of Homeland Security or his des-
ignee, is authorized to make grants to eligible entities
for the purpose of supporting increases in the number
of permanent positions for firefighters in fire services
to ensure staffing at levels and with skill mixes that
are adequate emergency response to incidents or
threats of terrorism.
(2) USE OF FUNDS.—The proceeds of a SAFER
grant to an eligible entity may be used only for the
purpose specified in paragraph (1).
(3) DURATION.—A SAFER grant to an eligible
entity shall provide funding for a period of 4 years.
The proceeds of the grant shall be disbursed to the eli-
gible entity in 4 equal annual installments.
(4) NON-FEDERAL SHARE.—
†
263
HR 1588 EAS/PP
(A) REQUIREMENT.—An eligible entity may
receive a SAFER grant only if the entity enters
into an agreement with the designated Federal
procurement official to contribute non-Federal
funds to achieve the purpose of the grant in the
following amounts:
(i) During the second year in which
funds of a SAFER grant are received, an
amount equal to 25 percent of the amount
of the SAFER grant funds received that
year.
(ii) During the third year in which
funds of a SAFER grant are received, an
amount equal to 50 percent of the amount
of the SAFER grant funds received that
year.
(iii) During the fourth year in which
funds of a SAFER grant are received, an
amount equal to 75 percent of the amount
of the SAFER grant funds received that
year.
(B) WAIVER.—The designated Federal pro-
curement official may waive the requirement for
a non-Federal contribution described in subpara-
graph (A) in the case of any eligible entity.
†
264
HR 1588 EAS/PP
(C) ASSET FORFEITURE FUNDS.—An eligi-
ble entity may use funds received from the dis-
posal of property transferred to the eligible enti-
ty pursuant to section 9703(h) of title 31, United
States Code, section 981(e) of title 18, United
States Code, or section 616 of the Tariff Act of
1930 (19 U.S.C. 1616a) to provide the non-Fed-
eral share required under paragraph (1).
(D) BIA FUNDS.—Funds appropriated for
the activities of any agency of a tribal organiza-
tion or for the Bureau of Indian Affairs to per-
form firefighting functions on any Indian lands
may be used to provide the share required under
subparagraph (A), and such funds shall be
deemed to be non-Federal funds for such purpose.
(5) APPLICATIONS.—
(A) REQUIREMENT.—To receive a SAFER
grant, an eligible entity shall submit an applica-
tion for the grant to the designated Federal pro-
curement official.
(B) CONTENT.—Each application for a
SAFER grant shall contain, for each fire service
covered by the application, the following infor-
mation:
†
265
HR 1588 EAS/PP
(i) A long-term strategy for increasing
the force of firefighters in the fire service to
ensure readiness for appropriate and effec-
tive emergency response to incidents or
threats of terrorism.
(ii) A detailed plan for implementing
the strategy that reflects consultation with
community groups, consultation with ap-
propriate private and public entities, and
consideration of any master plan that ap-
plies to the eligible entity.
(iii) An assessment of the ability of the
eligible entity to increase the force of fire-
fighters in the fire service without Federal
assistance.
(iv) An assessment of the levels of com-
munity support for increasing that force,
including financial and in-kind contribu-
tions and any other available community
resources.
(v) Specific plans for obtaining nec-
essary support and continued funding for
the firefighter positions proposed to be
added to the fire service with SAFER grant
funds.
†
266
HR 1588 EAS/PP
(vi) An assurance that the eligible enti-
ty will, to the extent practicable, seek to re-
cruit and employ (or accept the voluntary
services of) firefighters who are members of
racial and ethnic minority groups or
women.
(vii) Any additional information that
the designated Federal procurement official
considers appropriate.
(C) SPECIAL
RULE
FOR
SMALL
COMMU-
NITIES.—The designated Federal procurement of-
ficial may authorize an eligible entity respon-
sible for a population of less than 50,000 to sub-
mit an application without information required
under subparagraph (B), and may otherwise
make special provisions to facilitate the expe-
dited submission, processing, and approval of an
application by such an entity.
(D) PREFERENTIAL
CONSIDERATION.—The
designated Federal procurement official may give
preferential consideration, to the extent feasible,
to an application submitted by an eligible entity
that agrees to contribute a non-Federal share
higher than the share required under paragraph
(4)(A).
†
267
HR 1588 EAS/PP
(E) ASSISTANCE WITH APPLICATIONS.—The
designated Federal procurement official is au-
thorized to provide technical assistance to an eli-
gible entity for the purpose of assisting with the
preparation of an application for a SAFER
grant.
(6) SPECIAL RULES ON USE OF FUNDS.—
(A) SUPPLEMENT
NOT
SUPPLANT.—The
proceeds of a SAFER grant made to an eligible
entity shall be used to supplement and not sup-
plant other Federal funds, State funds, or funds
from a subdivision of a State, or, in the case of
a tribal organization, funds supplied by the Bu-
reau of Indian Affairs, that are available for sal-
aries or benefits for firefighters.
(B) LIMITATION RELATING TO COMPENSA-
TION OF FIREFIGHTERS.—
(i) IN GENERAL.—The proceeds of a
SAFER grant may not be used to fund the
pay and benefits of a full-time firefighter if
the total annual amount of the pay and
benefits for that firefighter exceeds $100,000.
The designated Federal procurement official
may waive the prohibition in the pro-
ceeding sentence in any particular case.
†
268
HR 1588 EAS/PP
(ii) ADJUSTMENT
FOR
INFLATION.—
Effective on October 1 of each year, the total
annual amount applicable under subpara-
graph (A) shall be increased by the percent-
age (rounded to the nearest one-tenth of one
percent) by which the Consumer Price Index
for all-urban consumers published by the
Department of Labor for July of such year
exceeds the Consumer Price Index for all-
urban consumers published by the Depart-
ment of Labor for July of the preceding
year. The first adjustment shall be made on
October 1, 2004.
(7) PERFORMANCE EVALUATION.—
(A) REQUIREMENT FOR INFORMATION.—The
designated Federal procurement official shall
evaluate, each year, whether an entity receiving
SAFER grant funds in such year is substan-
tially complying with the terms and conditions
of the grant. The entity shall submit to the des-
ignated Federal procurement official any infor-
mation that the designated Federal procurement
official requires for that year for the purpose of
the evaluation.
†
269
HR 1588 EAS/PP
(B) REVOCATION OR SUSPENSION OF FUND-
ING.—If the designated Federal procurement offi-
cial determines that a recipient of a SAFER
grant is not in substantial compliance with the
terms and conditions of the grant the designated
Federal procurement official may revoke or sus-
pend funding of the grant.
(8) ACCESS TO DOCUMENTS.—
(A) AUDITS BY DESIGNATED FEDERAL PRO-
CUREMENT
OFFICIAL.—The designated Federal
procurement official shall have access for the
purpose of audit and examination to any perti-
nent books, documents, papers, or records of an
eligible entity that receives a SAFER grant.
(B) AUDITS
BY
THE
COMPTROLLER
GEN-
ERAL.—Subparagraph (A) shall also apply with
respect to audits and examinations conducted by
the Comptroller General of the United States or
by an authorized representative of the Comp-
troller General.
(9) TERMINATION
OF
SAFER
GRANT
AUTHOR-
ITY.—
(A) IN GENERAL.—The authority to award
a SAFER grant shall terminate at the end of
September 30, 2010.
†
270
HR 1588 EAS/PP
(B) REPORT TO CONGRESS.—Not later than
two years after the date of the enactment of this
Act, the designated Federal procurement official
shall submit to Congress a report on the SAFER
grant program under this section. The report
shall include an assessment of the effectiveness of
the program for achieving its purpose, and may
include any recommendations that the des-
ignated Federal procurement official has for in-
creasing the forces of firefighters in fire services.
(10) DEFINITIONS.—In this subsection:
(A) ELIGIBLE ENTITY.—The term ‘‘eligible
entity’’ means—
(i) a State;
(ii) a subdivision of a State;
(iii) a tribal organization;
(iv) any other public entity that the
designated Federal procurement official de-
termines appropriate for eligibility under
this section; and
(v) a multijurisdictional or regional
consortium of the entities described in
clauses (i) through (iv).
(B) FIREFIGHTER.—The term ‘‘firefighter’’
means an employee or volunteer member of a fire
†
271
HR 1588 EAS/PP
service, including a firefighter, paramedic, emer-
gency medical technician, rescue worker, ambu-
lance personnel, or hazardous materials worker,
who—
(i) is trained in fire suppression and
has the legal authority and responsibility to
engage in fire suppression; or
(ii) is engaged in the prevention, con-
trol, and extinguishment of fires or response
to emergency situations where life, property,
or the environment is at risk.
(C) FIRE SERVICE.—The term ‘‘fire service’’
includes an organization described in section
4(5) of the Federal Fire Prevention and Control
Act of 1974 that is under the jurisdiction of a
tribal organization.
(D) MASTER
PLAN.—The term ‘‘master
plan’’ has the meaning given the term in section
10 of the Federal Fire Prevention and Control
Act of 1974.
(E) SAFER GRANT.—The term ‘SAFER
grant’ means a grant of financial assistance
under this subsection.
(F) 
TRIBAL
ORGANIZATION.—The 
term
‘‘tribal organization’’ has the meaning given the
†
272
HR 1588 EAS/PP
term in section 4 of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C.
450b).
(11) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated for the pur-
pose of carrying out this section such sums as may
be necessary from the Department of Homeland Secu-
rity, up to—
(A) $1,000,000,000 for fiscal year 2004;
(B) $1,030,000,000 for fiscal year 2005; and
(C) $1,061,000,000 for fiscal year 2006.
SEC. 853. DEFINITIONS.
In this subtitle:
(1) ANTI-TERRORISM
TECHNOLOGY
AND
SERV-
ICE.—The terms ‘‘anti-terrorism technology’’ and
‘‘anti-terrorism service’’ mean any product, equip-
ment, or device, including information technology,
and any service, system integration, or other kind of
service (including a support service), respectively,
that is related to technology and is designed, devel-
oped, modified, or procured for the purpose of pre-
venting, detecting, identifying, otherwise deterring, or
recovering from acts of terrorism.
(2) INFORMATION TECHNOLOGY.—The term ‘‘in-
formation technology’’ has the meaning given such