Faster and Smarter Funding for First Responders Act of 2005 - (Sec. 3) Amends the Homeland Security Act of 2002 to set forth provisions governing Department of Homeland Security (DHS) grant funding for first responders pursuant to the State Homeland Security Grant Program, the Urban Area Security Initiative, and the Law Enforcement Terrorism Prevention Program. Excludes non-DHS programs, fire grant programs, and the Emergency Management Performance Grant program and Urban Search and Rescue Grants program authorized by specified Federal laws.
Makes eligible for a covered grant any State, region, or directly eligible tribe. Directs the Secretary of Homeland Security to require any State applying for a covered grant to submit a three-year State homeland security plan, to be developed in consultation with local governments and first responders. Precludes a grant award to a State absent approval of such plan. Sets forth minimum contents for grant applications, including the designation of regional and tribal liaisons (if the applicant is a region or directly eligible tribe). Requires regional and tribal applications to be coordinated with State applications.
Requires the Secretary to establish a First Responder Grants Board. Directs the Board to evaluate and annually prioritize pending applications for covered grants based upon the degree to which they would lessen the threat to, vulnerability of, and consequences for persons (including transient commuters and tourists) and critical infrastructure. Requires such evaluation and prioritization to be based upon the Directorate for Information Analysis and Infrastructure Protection's most current risk assessment of terrorist threats against the United States. Requires the Board to coordinate with State, local, regional, and tribal officials in establishing grant criteria and to specifically consider: (1) terrorist threats against specified critical infrastructure sectors; and (2) specified types of threats to such critical infrastructure sectors and to populations in all areas of the United States, urban and rural. Sets forth minimum funding amounts for grants, providing for larger grant awards to applicants that have a significant international land border and/or adjoin a body of water within North America through which an international boundary line extends.
Directs the Secretary to establish a Task Force on Terrorism Preparedness for First Responders to assist the Secretary in updating, revising, or replacing essential capabilities for terrorism preparedness. Requires the Task Force to submit reports on its recommendations to the Secretary within 12 months of establishment and every two years thereafter. Requires the Task Force to ensure that its recommendations are consistent with the preparedness goals or recommendations of the Federal working group established under the Public Health Service Act and to take into account terrorism-related capabilities that State or local officials have determined to be essential and have undertaken since September 11, 2001.
Lists authorized uses of covered grants. Prohibits the use of grant funds to supplant State or local funds, to construct physical facilities, to acquire land, or for any State or local government cost sharing contribution. Authorizes covered grant applicants to petition the Secretary for reimbursement of the costs of any activity relating to prevention of, preparedness for, response to, or recovery from acts of terrorism that is a Federal duty and normally performed by a Federal agency, and that is being performed by a State and/or local government under agreement with a Federal agency. Sets the Federal share of the costs of activities carried out under covered grants at 100 percent of the total for the two-year period following enactment of this Act and at 75 percent thereafter. Requires each covered grant recipient to submit annual reports on homeland security spending. Establishes penalties for States that fail to pass through to local governments, first responders, and other local groups funds or resources, as required by this Act, within 45 days of receipt.
Requires the Secretary to report to Congress on grant program activities annually.
Directs the Secretary, in consultation with specified officials and standards organizations, to promulgate national voluntary consensus standards for grant-funded first responder equipment and training. Requires the coordination of such activities that relate to health professionals with the Secretary of Health and Human Services.
(Sec. 4) States that this Act supersedes a provision of the USA PATRIOT Act that sets forth minimum allocation amounts for domestic preparedness grants.
(Sec. 5) Directs the Secretary to establish within the Office for Domestic Preparedness (ODP) an Office of the Comptroller to oversee the grant distribution process and the financial management of ODP.
(Sec. 6) Requires the Comptroller General to report to Congress on the overall inventory and status of first responder training programs of DHS and other Federal agencies and the extent to which such programs are coordinated.
(Sec. 7) States that a person (including a governmental or other entity) who donates fire control or fire rescue equipment to a volunteer fire company shall not be liable for State or Federal civil damages for personal injuries, property damage or loss, or death caused by the equipment after the donation.
Waives such liability protection if: (1) the person's act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct; or (2) the person is the manufacturer of such equipment.
Preempts State law unless such law provides additional protection from liability.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1544 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1544
To provide faster and smarter funding for first responders, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 12, 2005
Mr. Cox (for himself, Mr. Thompson of Mississippi, Mr. Young of Alaska,
Mr. Pascrell, Mr. Smith of Texas, Ms. Loretta Sanchez of California,
Mr. Weldon of Pennsylvania, Mr. Markey, Mr. Shays, Mr. Dicks, Mr. King
of New York, Ms. Harman, Mr. Linder, Mrs. Lowey, Mr. Souder, Ms.
Norton, Mr. Tom Davis of Virginia, Ms. Zoe Lofgren of California, Mr.
Daniel E. Lungren of California, Ms. Jackson-Lee of Texas, Mr. Gibbons,
Mrs. Christensen, Mr. Simmons, Mr. Etheridge, Mr. Rogers of Alabama,
Mr. Langevin, Mr. Pearce, Mr. Meek of Florida, Ms. Harris, Mr. Jindal,
Mr. Reichert, Mr. McCaul of Texas, Mr. Dent, and Mr. DeFazio)
introduced the following bill; which was referred to the Committee on
Homeland Security
_______________________________________________________________________
A BILL
To provide faster and smarter funding for first responders, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Faster and Smarter Funding for First
Responders Act of 2005''.
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 communities 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 responders who need
it most, it is necessary to clarify and consolidate the
authority and procedures of the Department of Homeland Security
that support first responders.
(4) Ensuring adequate resources for the new national
mission of homeland security, without degrading the ability to
address effectively other types of major disasters and
emergencies, requires a discrete and separate grant making
process for homeland security funds for first response to
terrorist acts, on the one hand, and for first responder
programs designed to meet pre-September 11 priorities, on the
other.
(5) While a discrete homeland security grant making process
is necessary to ensure proper focus on the unique aspects of
terrorism prevention, preparedness, and response, it is
essential that State and local strategies for utilizing such
grants be integrated, to the greatest extent practicable, with
existing State and local emergency management plans.
(6) 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 threats,
vulnerabilities, and consequences.
(7) The Nation's first response capabilities will be
improved by sharing resources, training, planning, personnel,
and equipment among neighboring jurisdictions through mutual
aid agreements and regional cooperation. Such regional
cooperation should be supported, where appropriate, through
direct grants from the Department of Homeland Security.
(8) An essential prerequisite to achieving the Nation's
homeland security objectives for first responders is the
establishment of well-defined national goals for terrorism
preparedness. These goals should delineate the essential
capabilities that every jurisdiction in the United States
should possess or to which it should have access.
(9) A national determination of essential capabilities 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.
(10) To facilitate progress in achieving, maintaining, and
enhancing essential capabilities for State and local first
responders, the Department of Homeland Security should seek to
allocate homeland security funding for first responders to meet
nationwide needs.
(11) Private sector resources and citizen volunteers can
perform critical functions in assisting in preventing and
responding to terrorist attacks, and should be integrated into
State and local planning efforts to ensure that their
capabilities and roles are understood, so as to provide
enhanced State and local operational capability and surge
capacity.
(12) 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
responders. Such models should be expanded to cover all States
and territories.
(13) An important aspect of essential capabilities 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.
(14) The Department of Homeland Security should establish,
publish, and regularly update national voluntary consensus
standards for both equipment 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 capabilities 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 RESPONDERS.
(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 contents by adding at
the end the following:
``TITLE XVIII--FUNDING FOR FIRST RESPONDERS
``Sec. 1801. Definitions.
``Sec. 1802. Faster and smarter funding for first responders.
``Sec. 1803. Essential capabilities for first responders.
``Sec. 1804. Task Force on Essential Capabilities for First Responders.
``Sec. 1805. Covered grant eligibility and criteria.
``Sec. 1806. Use of funds and accountability requirements.
``Sec. 1807. National standards for first responder equipment and
training.'';
and
(2) by adding at the end the following:
``TITLE XVIII--FUNDING FOR FIRST RESPONDERS
``SEC. 1801. DEFINITIONS.
``In this title:
``(1) Board.--The term `Board' means the First Responder
Grants Board established under section 1805(f).
``(2) Covered grant.--The term `covered grant' means any
grant to which this title applies under section 1802.
``(3) Directly eligible tribe.--The term `directly eligible
tribe' means any Indian tribe or consortium of Indian tribes
that--
``(A) meets the criteria for inclusion in the
qualified applicant pool for Self-Governance that are
set forth in section 402(c) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
458bb(c));
``(B) employs at least 10 full-time personnel in a
law enforcement or emergency response agency with the
capacity to respond to calls for law enforcement or
emergency services; and
``(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 1803(c)(2);
``(iii) is located within or contiguous to one of
the 50 largest metropolitan statistical areas in the
United States; or
``(iv) has more than 1,000 square miles of Indian
country, as that term is defined in section 1151 of
title 18, United States Code.
``(4) 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 security threat level to either the highest
or second highest threat level under the Homeland Security
Advisory System referred to in section 201(d)(7).
``(5) Emergency preparedness.--The term `emergency
preparedness' shall have the same meaning that term has under
section 602 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195a).
``(6) Essential capabilities.--The term `essential
capabilities' means the levels, availability, and competence of
emergency personnel, planning, training, 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.
``(7) First responder.--The term `first responder' shall
have the same meaning as the term `emergency response
provider'.
``(8) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaskan Native village or regional or
village corporation as defined in or established pursuant to
the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
``(9) 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
governments or governmental agencies in a mutual aid
agreement; or
``(B) any other combination of contiguous local
government units (including such a combination
established by law or agreement of two or more
governments or governmental agencies in a mutual aid
agreement) that is formally certified 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 that they encompass.
``(10) Task force.--The term `Task Force' means the Task
Force on Essential Capabilities for First Responders
established under section 1804.
``SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
``(a) Covered Grants.--This title applies to grants provided by the
Department to States, regions, or directly eligible tribes for the
primary purpose of improving the ability of first responders to
prevent, prepare for, respond to, or mitigate threatened or actual
terrorist attacks, especially those involving weapons of mass
destruction, administered 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.
``(3) Law enforcement terrorism prevention program.--The
Law Enforcement Terrorism Prevention Program of the Department,
or any successor to such grant program.
``(4) Citizen corps program.--The Citizen Corps Program 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 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 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. 1803. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.
``(a) Establishment of Essential Capabilities.--
``(1) In general.--For purposes of covered grants, the
Secretary shall establish clearly defined essential
capabilities for State and local government preparedness for
terrorism, in consultation with--
``(A) the Task Force on Essential Capabilities for
First Responders established under section 1804;
``(B) the Under Secretaries for Emergency
Preparedness and Response, Border and Transportation
Security, Information Analysis and Infrastructure
Protection, and Science and Technology, and the
Director of the Office for Domestic Preparedness;
``(C) the Secretary of Health and Human Services;
``(D) other appropriate Federal agencies;
``(E) State and local first responder agencies and
officials; and
``(F) consensus-based standard making organizations
responsible for setting standards 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
report under section 1804(b); and
``(B) regularly update such essential capabilities
as necessary, but not less than every 3 years.
``(3) Provision of essential capabilities.--The Secretary
shall ensure that a detailed description of the essential
capabilities established under paragraph (1) is 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 jurisdictions.
``(b) Objectives.--The Secretary shall ensure that essential
capabilities established under subsection (a)(1) meet the following
objectives:
``(1) Specificity.--The determination of essential
capabilities specifically shall describe the training,
planning, personnel, and equipment that different types of
communities in the Nation should possess, 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 assessment available by
the Directorate for Information Analysis and
Infrastructure Protection of the threats of terrorism
against the United States;
``(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; and
``(C) the principles of regional coordination and
mutual aid among State and local governments.
``(2) Flexibility.--The establishment of essential
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 essential
capabilities shall be designed to enable measurement of
progress towards specific terrorism preparedness goals.
``(4) Comprehensiveness.--The determination of essential
capabilities for terrorism preparedness shall be made within
the context of a comprehensive State emergency management
system.
``(c) Factors to Be Considered.--
``(1) In general.--In establishing essential capabilities
under subsection (a)(1), the Secretary specifically shall
consider the variables of threat, vulnerability, and
consequences with respect to the Nation's population (including
transient commuting and tourist populations) and critical
infrastructure. Such consideration shall be based upon the most
current risk assessment available by the Directorate for
Information Analysis and Infrastructure Protection of the
threats of terrorism against the United States.
``(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.
``(M) Water.
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 importance of such sectors.
``(3) Types of threat.--The Secretary specifically shall
consider the following types of threat to the critical
infrastructure sectors described in paragraph (2), and to
populations in all areas of the Nation, urban and rural:
``(A) Biological threats.
``(B) Nuclear threats.
``(C) Radiological threats.
``(D) Incendiary threats.
``(E) Chemical threats.
``(F) Explosives.
``(G) Suicide bombers.
``(H) Cyber threats.
``(I) Any other threats based on proximity to
specific past acts of terrorism or the known activity
of any terrorist group.
The order in which the types of threat are listed in this
paragraph shall not be construed as an order of priority for
consideration of the importance of such threats.
``(4) Consideration of additional factors.--In establishing
essential capabilities under subsection (a)(1), the Secretary
shall take into account any other specific threat to a
population (including a transient commuting or tourist
population) or critical infrastructure sector that the
Secretary has determined to exist.
``SEC. 1804. TASK FORCE ON ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.
``(a) Establishment.--To assist the Secretary in establishing
essential capabilities under section 1803(a)(1), the Secretary shall
establish an advisory body pursuant to section 871(a) not later than 60
days after the date of the enactment of this section, which shall be
known as the Task Force on Essential Capabilities for First Responders.
``(b) Report.--
``(1) In general.--The Task Force shall submit to the
Secretary, not later than 9 months after its establishment by
the Secretary under subsection (a) and every 3 years
thereafter, a report on its recommendations for essential
capabilities for preparedness for terrorism.
``(2) Contents.--The 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 determine the extent
to which it possesses or has access 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 consensus 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 responders; and
``(E) include such revisions to the contents of
past reports as are necessary to take into account
changes in the most current risk assessment available
by the Directorate for Information Analysis and
Infrastructure Protection or other relevant information
as determined by the Secretary.
``(3) Consistency with federal working group.--The Task
Force shall ensure that its recommendations for essential
capabilities are, to the extent feasible, consistent with any
preparedness goals or recommendations of the Federal working
group established under section 319F(a) of the Public Health
Service Act (42 U.S.C. 247d-6(a)).
``(4) Comprehensiveness.--The Task Force shall ensure that
its recommendations regarding essential capabilities for
terrorism preparedness are made within the context of a
comprehensive State emergency management system.
``(5) Prior measures.--The Task Force shall ensure that its
recommendations regarding essential capabilities for terrorism
preparedness take into account any capabilities that State or
local officials have determined to be essential and have
undertaken since September 11, 2001, to prevent or prepare for
terrorist attacks.
``(c) Membership.--
``(1) In general.--The Task Force shall consist of 25
members appointed by the Secretary, and shall, to the extent
practicable, represent a geographic and substantive cross
section of governmental and nongovernmental first responder
disciplines from the State and local levels, including as
appropriate--
``(A) members selected from the emergency response
field, including fire service and law enforcement,
hazardous materials response, emergency medical
services, and emergency management personnel (including
public works personnel routinely engaged in emergency
response);
``(B) health scientists, emergency and inpatient
medical providers, and public health professionals,
including experts in emergency health care response to
chemical, biological, radiological, 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
representation from the voluntary consensus codes and
standards development community, particularly those
with expertise in first responder disciplines; and
``(D) State and local officials with expertise in
terrorism preparedness, subject to the condition that
if any such official is an elected official
representing one of the two major political parties, an
equal number of elected officials shall be selected
from each such party.
``(2) Coordination with the department of health and health
services.--In the selection of members of the Task Force who
are health professionals, including emergency medical
professionals, the Secretary shall coordinate the selection
with the Secretary of Health and Human Services.
``(3) Ex officio members.--The Secretary and the Secretary
of Health and Human Services shall each designate one or more
officers of their respective Departments to serve as ex officio
members of the Task Force. One of the ex officio members from
the Department of Homeland Security shall be the designated
officer of the Federal Government for purposes of subsection
(e) of section 10 of the Federal Advisory Committee Act (5 App.
U.S.C.).
``(d) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), the Federal Advisory Committee Act (5
U.S.C. App.), including subsections (a), (b), and (d) of section 10 of
such Act, and section 552b(c) of title 5, United States Code, shall
apply to the Task Force.
``SEC. 1805. COVERED GRANT ELIGIBILITY AND CRITERIA.
``(a) Grant Eligibility.--Any State, region, or directly eligible
tribe shall be eligible to apply for a covered grant.
``(b) Grant Criteria.--In awarding covered grants, the Secretary
shall assist States and local governments in achieving, maintaining,
and enhancing the essential capabilities for first responders
established by the Secretary under section 1803.
``(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;
``(B) demonstrates the needs of the State necessary
to achieve, maintain, or enhance the essential
capabilities that apply to the State;
``(C) includes a prioritization of such needs based
on threat, vulnerability, and consequence assessment
factors applicable to the State;
``(D) describes how the State intends--
``(i) to address such needs at the city,
county, regional, tribal, State, and interstate
level, including a precise description of any
regional structure the State has established
for the purpose of organizing homeland security
preparedness activities funded by covered
grants;
``(ii) to use all Federal, State, and local
resources available for the purpose of
addressing such needs; and
``(iii) to give particular emphasis to
regional planning and cooperation, including
the activities of multijurisdictional planning
agencies governed by local officials, both
within its jurisdictional borders and with
neighboring States;
``(E) is developed in consultation with and subject
to appropriate comment by local governments within the
State; and
``(F) with respect to the emergency preparedness of
first responders, addresses the unique aspects of
terrorism as part of a comprehensive State emergency
management plan.
``(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
consistent and coordinated manner, the applicable State homeland
security plan or plans.
``(e) Application for Grant.--
``(1) In general.--Except as otherwise provided in this
subsection, any State, region, or directly eligible tribe may
apply for a covered grant by submitting to the Secretary an
application at such time, in such manner, and containing 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 at such time
as the Secretary may reasonably require for 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 March 1 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 include 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
State, region, or directly eligible tribe to which the
application pertains;
``(B) a description of how, by reference to the
applicable State homeland security plan or plans under
subsection (c), the allocation of grant funding
proposed in the application, including, where
applicable, the amount not passed through under section
1806(g)(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 portion of the covered
grant funds;
``(D) if the applicant is a State, a description of
how the State plans to allocate the covered grant funds
to regions, local governments, and Indian tribes;
``(E) if the applicant is a region--
``(i) a precise geographical description of
the region and a specification of all
participating and nonparticipating local
governments within the geographical area
comprising that region;
``(ii) a specification of what governmental
entity within the region will administer the
expenditure of funds under the covered grant;
and
``(iii) a designation of a specific
individual to serve as regional liaison;
``(F) a capital budget showing how the applicant
intends to allocate and expend the covered grant funds;
``(G) if the applicant is a directly eligible
tribe, a designation of a specific individual to serve
as the tribal liaison; and
``(H) a statement of how the applicant intends to
meet the matching requirement, if any, that applies
under section 1806(g)(2).
``(5) Regional applications.--
``(A) Relationship to state applications.--A
regional application--
``(i) shall be coordinated with an
application submitted by the State or States of
which such region is a part;
``(ii) shall supplement and avoid
duplication with such State application; and
``(iii) shall address the unique regional
aspects of such region's terrorism preparedness
needs beyond those provided for in the
application of such State or States.
``(B) State review and submission.--To ensure the
consistency required under subsection (d) and the
coordination required under subparagraph (A) of this
paragraph, an applicant that is a region must submit
its application to each State of which any part is
included in the region for review and concurrence prior
to the submission of such application to the Secretary.
The regional application shall be transmitted to the
Secretary through each such State within 30 days of its
receipt, unless the Governor of such a State notifies
the Secretary, in writing, that such regional
application is inconsistent with the State's homeland
security plan and provides an explanation of the
reasons therefor.
``(C) Distribution of regional awards.--If the
Secretary approves a regional application, then the
Secretary shall distribute a regional award to the
State or States submitting the applicable regional
application under subparagraph (B), and each such State
shall, not later than the end of the 45-day period
beginning on the date after receiving a regional award,
pass through to the region all covered grant funds or
resources purchased with such funds, except those funds
necessary for the State to carry out its
responsibilities with respect to such regional
application: Provided That, in no such case shall the
State or States pass through to the region less than 80
percent of the regional award.
``(D) Certifications regarding distribution of
grant funds to regions.--Any State that receives a
regional award under subparagraph (C) shall certify to
the Secretary, by not later than 30 days after the
expiration of the period described in subparagraph (C)
with respect to the grant, that the State has made
available to the region the required funds and
resources in accordance with subparagraph (C).
``(E) Direct payments to regions.--If any State
fails to pass through a regional award to a region as
required by subparagraph (C) within 45 days after
receiving such award and does not request or receive an
extension of such period under section 1806(h)(2), the
region may petition the Secretary to receive directly
the portion of the regional award that is required to
be passed through to such region under subparagraph
(C).
``(F) Regional liaisons.--A regional liaison
designated under paragraph (4)(E)(iii) shall--
``(i) coordinate with Federal, State,
local, regional, and private officials within
the region concerning terrorism preparedness;
``(ii) develop a process for receiving
input from Federal, State, local, regional, and
private sector officials within the region to
assist in the development of the regional
application and to improve the region'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 the state or states.--To ensure
the consistency required under subsection (d), an
applicant that is a directly eligible tribe must submit
its application to each State within the boundaries of
which any part of such tribe is located for direct
submission to the Department along with the application
of such State or States.
``(B) Opportunity for state comment.--Before
awarding any covered grant to a directly eligible
tribe, the Secretary shall provide an opportunity to
each State within the boundaries of which any part of
such tribe is located to comment to the Secretary on
the consistency of the tribe's application with the
State's homeland security plan. Any such comments shall
be submitted to the Secretary concurrently with the
submission of the State and tribal applications.
``(C) Final authority.--The Secretary shall have
final authority to determine the consistency of any
application of a directly eligible tribe with the
applicable State homeland security plan or plans, and
to approve any application of such tribe. The Secretary
shall notify each State within the boundaries of which
any part of such tribe is located of the approval of an
application by such tribe.
``(D) Tribal liaison.--A tribal liaison designated
under paragraph (4)(G) shall--
``(i) coordinate with Federal, State,
local, regional, and private officials
concerning 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 such 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 such tribe.
``(E) Limitation on the number of direct grants.--
The Secretary may make covered grants directly to not
more than 20 directly eligible tribes per fiscal year.
``(F) Tribes not receiving direct grants.--An
Indian tribe that does not receive 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 such tribe is located,
consistent with the homeland security plan of the State
as described in subsection (c). If a State fails to
comply with section 1806(g)(1), the tribe may request
payment under section 1806(h)(3) in the same manner as
a local government.
``(7) Equipment standards.--If an applicant for a covered
grant proposes to upgrade or purchase, with assistance provided
under the grant, new equipment or systems that do not meet or
exceed any applicable national voluntary consensus standards
established by the Secretary under section 1807(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 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;
``(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 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--
``(i) shall evaluate and annually
prioritize all pending applications for covered
grants based upon the degree to which they
would, by achieving, maintaining, or enhancing
the essential capabilities of the applicants on
a nationwide basis, lessen the threat to,
vulnerability of, and consequences for persons
and critical infrastructure; and
``(ii) in evaluating the threat to persons
and critical infrastructure for purposes of
prioritizing covered grants, shall give greater
weight to threats of terrorism based on their
specificity and credibility, including any
pattern of repetition.
``(B) Minimum amounts.--After evaluating and
prioritizing grant applications under subparagraph (A),
the Board shall ensure that, for each fiscal year--
``(i) each of the States, other than the
Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands, that has an approved
State homeland security plan receives 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
needs under subsection (c)(1)(C);
``(ii) each of the States, other than the
Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands, that has an approved
State homeland security plan and that meets one
or both of the additional high-risk qualifying
criteria under subparagraph (C) receives no
less than 0.45 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
needs under subsection (c)(1)(C);
``(iii) the Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands each
receives no less than 0.08 percent of the funds
available for covered grants for that fiscal
year for purposes of implementing its approved
State homeland security plan in accordance with
the prioritization of needs under subsection
(c)(1)(C); and
``(iv) directly eligible tribes
collectively receive no less than 0.08 percent
of the funds available for covered grants for
such fiscal year for purposes of addressing the
needs identified in the applications of such
tribes, consistent with the homeland security
plan of each State within the boundaries of
which any part of any such tribe is located,
except that this clause shall not apply with
respect to funds available for a fiscal year if
the Secretary receives less than 5 applications
for such fiscal year from such tribes under
subsection (e)(6)(A) or does not approve at
least one such application.
``(C) Additional high-risk qualifying criteria.--
For purposes of subparagraph (B)(ii), additional high-
risk qualifying criteria consist of--
``(i) having a significant international
land border; or
``(ii) adjoining a body of water within
North America through which an international
boundary line extends.
``(4) Effect of regional awards on state minimum.--Any
regional award, or portion thereof, provided to a State under
subsection (e)(5)(C) shall not be considered in calculating the
minimum State award under paragraph (3)(B) of this subsection.
``(5) 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 considered by the Board.
``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.
``(a) In General.--A covered grant may be used for--
``(1) purchasing or upgrading equipment, including computer
software, to enhance terrorism preparedness and response;
``(2) exercises to strengthen terrorism preparedness and
response;
``(3) training for prevention (including detection) of,
preparedness for, or response to attacks involving weapons of
mass destruction, including training in the use of equipment
and computer software;
``(4) developing or updating response plans;
``(5) establishing or enhancing mechanisms for sharing
terrorism threat information;
``(6) systems architecture and engineering, program
planning and management, strategy formulation and strategic
planning, life-cycle systems design, product and technology
evaluation, and prototype development 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 by the Secretary, or
a similar elevation in threat alert level issued by a
State, region, or local government with the approval of
the Secretary;
``(B) travel to and participation in exercises and
training in the use of equipment and on prevention
activities;
``(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; and
``(D) participation in information, investigative,
and intelligence sharing activities specifically
related to terrorism prevention;
``(8) the costs of equipment (including software) required
to receive, transmit, handle, and store classified information;
``(9) protecting critical infrastructure against potential
attack by the addition of barriers, fences, gates, and other
such devices, except that the cost of such measures may not
exceed the greater of--
``(A) $1,000,000 per project; or
``(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total
amount of the covered grant;
``(10) the costs of commercially available interoperable
communications equipment (which, where applicable, is based on
national, voluntary consensus standards) that the Secretary, in
consultation with the Chairman of the Federal Communications
Commission, deems best suited to facilitate interoperability,
coordination, and integration between and among emergency
communications systems, and that complies with prevailing grant
guidance of the Department for interoperable communications;
``(11) educational curricula development 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 programs
to instruct students regarding age-appropriate skills to
prepare for and respond to an act of terrorism;
``(13) paying of administrative expenses directly related
to administration of the grant, except that such expenses may
not exceed 3 percent of the amount of the grant; and
``(14) other appropriate activities as determined by the
Secretary.
``(b) Prohibited Uses.--Funds provided as a covered grant may not
be used--
``(1) to supplant State or local funds;
``(2) to construct buildings or other physical facilities;
``(3) to acquire land; or
``(4) for any State or local government cost sharing
contribution.
``(c) Multiple-Purpose Funds.--Nothing in this section shall be
construed to preclude State and local governments from using covered
grant funds in a manner that also enhances first responder preparedness
for emergencies and disasters unrelated to acts of terrorism, if such
use assists such governments in achieving essential capabilities for
terrorism preparedness established by the Secretary under section 1803.
``(d) Reimbursement of Costs.--In addition to the activities
described in subsection (a), a covered grant may be used to provide a
reasonable stipend to paid-on-call or volunteer first responders who
are not otherwise compensated for travel to or participation in
training covered by this section. Any such reimbursement shall not be
considered compensation for purposes of rendering such a first
responder an employee under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
``(e) 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, regions, and localities, unless the Secretary undertakes to pay
the costs directly attributable to transporting and operating such
equipment during such response.
``(f) 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.
``(g) State, Regional, and Tribal Responsibilities.--
``(1) Pass-through.--The Secretary shall require a
recipient of a covered grant that is a State to obligate or
otherwise 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, 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, 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 covered 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 covered grant awarded
before the end of the 2-year period beginning on the
date of the enactment of this section shall be 100
percent.
``(C) In-kind matching.--Each recipient of a
covered grant 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, 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 expiration 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
paragraph (1).
``(4) Quarterly report on homeland security spending.--The
Federal share described in paragraph (2)(A) may be increased by
up to 2 percent for any State, region, or directly eligible
tribe that, not later than 30 days after the end of each fiscal
quarter, submits to the Secretary a report on that fiscal
quarter. Each such report must include, for each recipient of a
covered grant or a pass-through under paragraph (1)--
``(A) the amount obligated to that recipient in
that quarter;
``(B) the amount expended by that recipient in that
quarter; and
``(C) a summary description of the items purchased
by such recipient with such amount.
``(5) Annual report on homeland security spending.--Each
recipient of a covered grant shall submit an annual 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 simultaneously submit its report to each State of which
any part is included in the region. Each recipient of a covered
grant that is a directly eligible tribe must simultaneously
submit its report to each State within the boundaries of which
any part of such tribe is located. 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 disbursements of
all such funds expended in compliance 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 preceding fiscal
year.
``(D) The extent to which essential capabilities
identified in the applicable State homeland security
plan or plans were achieved, maintained, 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 applicable State homeland security
plan or plans remain unmet.
``(6) Inclusion of restricted annexes.--A recipient of a
covered grant may submit to the Secretary an annex to the
annual report under paragraph (5) 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.
``(7) Provision of reports.--The Secretary shall ensure
that each annual report under paragraph (5) is provided to the
Under Secretary for Emergency Preparedness and Response and the
Director of the Office for Domestic Preparedness.
``(h) 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 (g)(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 (g)(1);
``(B) terminate payment of funds under the grant 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 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 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 subsection
(g)(1); or
``(iii) for each day that the grant
recipient fails to pass through funds or
resources in accordance with subsection (g)(1),
reducing grant payments to the grant recipient
from the portion of grant funds that is not
required to be passed through under subsection
(g)(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 Governor of a State may
request in writing that the Secretary extend the 45-day period
under section 1805(e)(5)(E) or paragraph (1) for an additional
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 resulting 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
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 enhancements to
its terrorism 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 (g)(1); and
``(iii) the local government complies with
subparagraphs (B) and (C).
``(B) Showing required.--To receive a payment under
this paragraph, a local government 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 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
required to be passed through 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) 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 paragraph;
and
``(ii) shall not prejudice consideration of
a request for payment under this paragraph that
is submitted by another local government.
``(D) Deadline for action by secretary.--The
Secretary shall approve or disapprove each request for
payment under this paragraph by not later than 15 days
after the date the request is received by the
Department.
``(i) 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,
region, and directly eligible tribe in the preceding fiscal
year;
``(2) containing information on the use of such grant funds
by grantees; and
``(3) describing--
``(A) the Nation's progress in achieving,
maintaining, and enhancing the essential capabilities
established under section 1803(a) as a result of the
expenditure of covered grant funds during the preceding
fiscal year; and
``(B) an estimate of the amount of expenditures
required to attain across the United States the
essential capabilities established under section
1803(a).
``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND
TRAINING.
``(a) Equipment Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
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 update as necessary national voluntary
consensus standards for the performance, use, and validation of
first responder equipment for purposes of section 1805(e)(7).
Such standards--
``(A) shall be, to the maximum extent practicable,
consistent with any existing voluntary consensus
standards;
``(B) shall take into account, as appropriate, new
types of terrorism threats that may not have been
contemplated when such existing standards were
developed;
``(C) shall be focused on maximizing
interoperability, interchangeability, durability,
flexibility, efficiency, efficacy, portability,
sustainability, and safety; and
``(D) shall cover all appropriate uses of the
equipment.
``(2) Required categories.--In carrying 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 analysis equipment.
``(E) Decontamination and sterilization equipment.
``(F) Personal protective equipment, including
garments, boots, gloves, and hoods and other protective
clothing.
``(G) Respiratory protection equipment.
``(H) Interoperable communications, 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 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 consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office for
Domestic Preparedness, shall support the development of,
promulgate, and regularly update as necessary national
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 terrorism 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, biological, nuclear,
and radiological weapons and explosive devices capable
of inflicting significant human casualties; and
``(B) familiarize first responders with the proper
use of equipment, including software, developed
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,
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.
``(3) Consistency.--In carrying out this subsection, the
Secretary shall ensure that such training standards are
consistent with the principles of emergency preparedness for
all hazards.
``(c) Consultation With Standards Organizations.--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;
``(11) the International Safety Equipment Association;
``(12) the Emergency Management Accreditation Program; and
``(13) to the extent the Secretary considers appropriate,
other national voluntary consensus standards development
organizations, other interested Federal, State, and local
agencies, and other interested persons.
``(d) Coordination With Secretary of HHS.--In establishing any
national voluntary consensus standards under this section for first
responder equipment or training that involve or relate to health
professionals, including emergency medical professionals, the Secretary
shall coordinate activities under this section with the Secretary of
Health and Human Services.''.
(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 striking ``includes'' and all that follows
and inserting ``includes Federal, State, and local governmental and
nongovernmental emergency public safety, law enforcement, fire,
emergency response, emergency medical (including hospital emergency
facilities), and related personnel, organizations, agencies, and
authorities.''.
(c) Temporary Limitations on Application.--
(1) 1-year delay in application.--The following provisions
of title XVIII of the Homeland Security Act of 2002, as amended
by subsection (a), shall not apply during the 1-year period
beginning on the date of the enactment of this Act:
(A) Subsections (b), (c), and (e)(4)(A) and (B) of
section 1805.
(B) In section 1805(f)(3)(A), the phrase ``, by
enhancing the essential capabilities of the
applicants,''.
(2) 2-year delay in application.--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:
(A) Subparagraphs (D) and (E) of section
1806(g)(5).
(B) Section 1806(i)(3).
SEC. 4. SUPERSEDED PROVISION.
This Act supersedes section 1014 of Public Law 107-56.
SEC. 5. SENSE OF CONGRESS REGARDING CITIZEN CORPS COUNCILS.
(a) Finding.--The Congress finds that Citizen Corps councils help
to enhance local citizen participation in terrorism preparedness by
coordinating multiple Citizen Corps programs, 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
preparedness and response capabilities of all organizations
participating in the councils, including by providing funding to as
many of their participating organizations as practicable to promote
local terrorism preparedness programs.
<all>
Rule H. Res. 269 passed House.
Considered under the provisions of rule H. Res. 269. (consideration: CR H3211-3237)
Rule provides for consideration of H.R. 1544 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 269 and Rule XVIII.
The Speaker designated the Honorable Ken Calvert to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1544.
DEBATE - Pursuant to the provisions of H. Res. 269, the Committee of the Whole proceeded with 10 minutes of debate on the Berry amendment.
DEBATE - Pursuant to the provisions of H. Res. 269, the Committee of the Whole proceeded with 20 minutes of debate on the Berry amendment.
DEBATE - Pursuant to the provisions of H. Res. 269 the Committee of the Whole proceeded with 20 minutes of debate on the Bass amendment.
DEBATE - Pursuant to the provisions of H. Res. 269 the Committee of the Whole proceeded with 20 minutes of debate on the Weiner amendment.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Weiner amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Weiner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H. Res. 269 the Committee of the Whole proceeded with 20 minutes of debate on the Castle amendment.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of the Weiner amendment which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1544.
The previous question was ordered pursuant to the rule. (consideration: CR H3236)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H3223-3228)
Passed/agreed to in House: On passage Passed by recorded vote: 409 - 10 (Roll no. 170).
Roll Call #170 (House)On passage Passed by recorded vote: 409 - 10 (Roll no. 170).
Roll Call #170 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.