Preparedness First Act of 2006 - Amends the Homeland Security Act of 2002 to authorize grants from the Department of Homeland Security (DHS) to states, regions, or eligible tribes to improve the ability of emergency response providers to prevent, prepare for, respond to, mitigate against, or recover from natural or manmade disasters, including terrorist attacks.
Requires the Secretary of DHS to: (1) award grants to assist states and local governments in achieving, maintaining, and enhancing essential capabilities for emergency preparedness; (2) require states applying for grants to submit a three-year state emergency preparedness plan that meets specified requirements; and (3) evaluate and annually prioritize all pending grant applications based upon the degree to which they would lessen the threat to, vulnerability of, and consequences for persons and critical infrastructure, based upon the most current risk assessment.
Directs or authorizes the Secretary to establish: (1) the Emergency Management Performance Grants Program (including technical assistance and grants to improve, maintain, and update state emergency preparedness plans); (2) the State Homeland Security Grant Program (grants to fund state homeland security material expenses related to all-hazards disaster response and recovery efforts); (3) the Metropolitan Medical Response System Program (to assist highly populated jurisdictions to achieve enhanced capabilities necessary to meet medical logistical challenges posed by mass casualty events); and (4) the Urban Area Security Initiative (grants to designated states and local government entities to enhance emergency response provider capabilities).
Directs the Secretary to establish in the Office for Domestic Preparedness (ODP) an Office of the Comptroller to oversee ODP's grants distribution process and financial management.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5910 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5910
To amend the Homeland Security Act of 2002 to provide funding for
emergency planning and management and emergency response providers, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2006
Ms. Loretta Sanchez of California introduced the following bill; which
was referred to the Committee on Transportation and Infrastructure, and
in addition to the Committees on Energy and Commerce and Homeland
Security, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to provide funding for
emergency planning and management and emergency response providers, 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 ``Preparedness First Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Communities face risks to their security and safety
every day from all different hazards. Whether the risk is great
for an earthquake, a flood, or a fire, communities that do the
most coordinated, all-encompassing, thorough emergency planning
and training will be most ready for any hazard, including
crisis response in the event of a terrorism event.
(2) By placing the largest Federal priority on emergency
planning, followed by more specific Federal assistance for
State homeland security programs, mass casualty medical
responses and targeted terrorist attacks, the Department of
Homeland Security can focus State and local goals so that
communities are the most prepared for the most broad sense of
emergency, preparation that can be tailored to any type of
hazard faced.
(3) General preparedness for any natural disaster helps
preparedness for all disasters.
(4) The lessons learned from Hurricane Katrina showed that
the regional structures of the Department of Homeland Security
must be built up and that regional offices are means of
fostering State, local and private sector integration.
(5) The 9/11 Discourse Project, made up of Members of the
9/11 Commission, gave Congress and the Department of Homeland
Security, in their final report dated December 5, 2005, a
failing grade on the distribution of homeland security funding.
(6) When programs operate out of regional offices, closer
relationships are developed among all levels of government.
(7) The Federal response to Hurricane Katrina showed the
Department of Homeland Security lacked sufficient field
capabilities.
SEC. 3. PREPAREDNESS FIRST.
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended
by adding at the end the following new title:
``TITLE XVIII--FUNDING EMERGENCY PLANNING AND RESPONSE
``SEC. 1801. DEFINITIONS.
``In this title:
``(1) The term `covered grant' means any grant to which
this title applies under section 1802.
``(2) 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
designated as high-risk critical infrastructure by the
Secretary;
``(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.
``(3) The term `Director' means the Director of the Federal
Emergency Management Agency.
``(4) The term `emergency preparedness' means all those
activities and measures designed or undertaken to prepare for
or minimize the effects of a hazard upon the civilian
population, to deal with the immediate emergency conditions
which would be created by the hazard, and to effectuate
emergency repairs to, or the emergency restoration of, vital
utilities and facilities destroyed or damaged by the hazard.
Such term includes the following:
``(A) Measures to be undertaken in preparation for
anticipated hazards (including the establishment of
appropriate organizations, operational plans, and
supporting agreements, the recruitment and training of
personnel, the conduct of research, the procurement and
stockpiling of necessary materials and supplies, the
provision of suitable warning systems, the construction
or preparation of shelters, shelter areas, and control
centers, and, when appropriate, the nonmilitary
evacuation of the civilian population).
``(B) Measures to be undertaken during a hazard
(including the enforcement of passive defense
regulations prescribed by duly established military or
civil authorities, the evacuation of personnel to
shelter areas, the control of traffic and panic, and
the control and use of lighting and civil
communications).
``(C) Measures to be undertaken following a hazard
(including activities for fire fighting, rescue,
emergency medical, health, and sanitation services,
monitoring for specific dangers of special weapons,
unexploded bomb reconnaissance, essential debris
clearance, emergency welfare measures, and immediately
essential emergency repair or restoration of damaged
vital facilities).
``(5) 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, respond
to, and recover from acts of terrorism consistent with
established practices.
``(6) 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 the
units 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.
``(7) The term `terrorism preparedness' means any activity
designed to improve the ability to prevent, prepare for,
respond to, mitigate against, or recover from threatened or
actual terrorist attacks.
``SEC. 1802. PREPAREDNESS FIRST.
``(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 emergency response
providers to prevent, prepare for, respond to, mitigate against, or
recover from natural or manmade disasters, including threatened or
actual terrorist attacks, especially those involving weapons of mass
destruction, administered under the following programs of the
Department, and to any successor to any of the following programs:
``(1) The Emergency Management Performance Grant program.
``(2) The State Homeland Security Grant Program.
``(3) The Metropolitan Medical Response System Program.
``(4) The Urban Search and Rescue Program.
``(5) The Urban Area Security Initiative.
``(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) Any Federal grant program that is not administered by
the Department.
``(2) 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).
``SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA.
``(a) Grant Eligibility.--Any State, region, or directly eligible
tribe is eligible to apply for a covered grant.
``(b) Grant Criteria.--The Secretary shall award covered grants to
assist States and local governments in achieving, maintaining, and
enhancing the essential capabilities for emergency preparedness
established by the Secretary.
``(c) Application for Grant.--
``(1) Deadlines for applications and awards.--To apply for
a covered grant for a fiscal year, a State, region, or directly
eligible tribe shall submit to the Secretary a application at
such time, in such manner, and containing such information as
is required under this subsection or as the Secretary may
reasonably require. The Secretary shall award covered grants
pursuant to all approved applications for a fiscal year early
in the year as is practicable, but not later than March 1 of
that year.
``(2) Availability of funds.--A covered grant awarded by
the Secretary for a fiscal year shall be available for
obligation through the end of the subsequent fiscal year.
``(3) Minimum contents of application.--The Secretary shall
require that each applicant include as part of an application
for a covered grant--
``(A) the purpose for which the applicant seeks a
covered grant and the reason the applicant needs the
covered grant to meet the essential capabilities for
all-hazards preparedness within the State, region, or
directly eligible tribe to which the application
pertains;
``(B) a description of how, by reference to an
applicable State emergency preparedness plan under
section 1804, the applicant intends to spend amounts
awarded under a covered grant, including any amount not
intended to be distributed under section 1806(f)(1),
would assist in fulfilling the essential capabilities
for all-hazards preparedness specified in such plan;
``(C) a statement of whether a mutual aid agreement
would apply 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(f)(2).
``(4) 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.--
``(i) Submission of application to state.--
To ensure the consistency required under
section 1804(d) and the coordination required
under subparagraph (A), the Secretary shall
require an applicant that is a region to submit
an 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.
``(ii) State submission to 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 for the
inconsistency.
``(C) Distribution of regional awards.--
``(i) Distribution to state.--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).
``(ii) State distribution to region.--Each
such State shall, not later than the end of the
45-day period beginning on the date on which
the region receives the award, distribute 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.
``(iii) Limitation on state retention of
funds.--In no such case shall the State or
States distribute 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, not later than 30 days after the
expiration of the 45-day period described in
subparagraph (C)(ii) 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 distribute 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(g)(2), the
region may petition the Secretary to receive directly
the portion of the regional award that is required to
be distributed to such region under subparagraph (C).
``(5) Tribal applications.--
``(A) Submission to the state or states.--To ensure
the consistency required under section 1804(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 emergency preparedness 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 (3)(G) shall--
``(i) coordinate with Federal, State,
local, regional, and private-sector 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) 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(f)(1), the tribe may request
payment under section 1806(g)(3) in the same manner as
a local government.
``(6) 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, 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.
``SEC. 1804. STATE EMERGENCY PREPAREDNESS PLANS.
``(a) Submission of Plans.--Except in the case of a covered grant
under subsection (g), the Secretary shall require that any State
applying to the Secretary for a covered grant submit to the Secretary a
3-year State emergency preparedness plan in accordance with this
section.
``(b) Plan Requirements.--Each State plan under this section
shall--
``(1) describe the essential capabilities that communities
within the State should possess, or to which they should have
access, based upon the all-hazards risk factors relevant to
such communities, in order to meet the Department's goals for
all-hazards preparedness;
``(2) demonstrate the extent to which the State has
achieved the essential capabilities that apply to the State;
``(3) demonstrate the needs of the State necessary to
achieve, maintain, or enhance the essential capabilities that
apply to the State;
``(4) include a prioritization of such needs based on
threat, vulnerability, and consequence assessment factors
applicable to the State;
``(5) describe how the State intends--
``(A) 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 emergency activities funded by covered
grants;
``(B) to use all Federal, State, and local
resources available for the purpose of addressing such
needs; and
``(C) to give particular emphasis to regional
planning and cooperation, including the activities of
multi-jurisdictional planning agencies governed by
local officials, both within its jurisdictional borders
and with neighboring States;
``(6) with respect to the emergency preparedness of
emergency response providers, address the unique aspects of
terrorism as part of a comprehensive State emergency management
plan;
``(7) provides for coordination of response and recovery
efforts at the local level, including procedures for effective
incident command in conformance with the National Incident
Management System;
``(8) pursuant to State law, be in effect in all political
subdivisions of the State and be mandatory on them, and be
administered or supervised by a single State agency;
``(9) provide that the State shall share the financial
assistance with that provided by the Federal Government under
this section from any source determined by it to be consistent
with State law;
``(10) be consistent with Federal emergency preparedness
and response plans;
``(11) set forth a comprehensive and detailed State program
for preparation for and assistance following emergencies and
major disasters, including the provision of assistance to
individuals, businesses, and local governments;
``(12) provide for the development of State and local
emergency preparedness operational plans, pursuant to standards
approved by the Secretary;
``(13) provide for the employment of a full-time emergency
preparedness director, or deputy director, by the State;
``(14) provide for adoption of the Incident Command System
in emergency response in conformance with the National Incident
Management System;
``(15) provide for the appointment and training of
appropriate staff, the formulation of necessary regulations and
procedures, and the conducting of required exercises;
``(16) provide for adoption of a unified command structure
when multiple agencies or jurisdictions are involved in
emergency response;
``(17) provide that the State shall make such reports in
such form and content as the Secretary may require; and
``(18) make available to duly authorized representatives of
the Director of the Federal Emergency Management Agency and the
Comptroller General, books, records, and papers necessary to
conduct audits for the purposes of this section.
``(c) Consultation.--A State plan submitted under subsection (a)
shall be developed in consultation with and subject to appropriate
comment by local governments, emergency response providers within the
State, and a regional representative from the Department.
``(d) Approval by Secretary.--The Secretary may not award any
covered grant to a State until the Secretary has approved the
applicable State emergency preparedness plan.
``(e) Revisions.--A State may revise the applicable State emergency
preparedness plan approved by the Secretary under this subsection,
subject to approval of the revision by the Secretary.
``(f) Consistency With State Plans.--The Secretary shall ensure
that each covered grant is used to supplement and support, in a
consistent and coordinated manner, any applicable State emergency
preparedness plan.
``SEC. 1805. RISK-BASED EVALUATION AND PRIORITIZATION.
``(a) Prioritization of Grant Applications.--
``(1) Factors to be considered.--
``(A) Evaluation and prioritization required.--The
Secretary shall evaluate and annually prioritize all
pending applications for covered grants based upon the
degree to which each application 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
(including persons who are part of transient commuting
and tourist populations) and critical infrastructure.
``(B) Use of current risk assessment.--Such
evaluation and prioritization shall be based upon the
most current risk assessment of the threats of
terrorism against the United States available from the
Directorate for Information Analysis and Infrastructure
Protection.
``(C) Coordination.--The Secretary shall coordinate
with State, local, regional, and tribal officials in
establishing criteria for evaluating and prioritizing
applications for covered grants.
``(2) Critical infrastructure sectors.--In evaluating and
prioritizing grant applications under this section, the
Secretary shall consider natural and manmade threats to each of
the following critical infrastructure sectors in all areas of
the United States, urban and rural:
``(A) Agriculture and food.
``(B) Banking and finance.
``(C) Chemical industries.
``(D) The defense industrial base.
``(E) Emergency services.
``(F) Energy.
``(G) Government facilities.
``(H) Postal and shipping.
``(I) Public health and health care.
``(J) Information technology.
``(K) Telecommunications.
``(L) Transportation systems.
``(M) Water.
``(N) Dams.
``(O) Commercial facilities.
``(P) National monuments and icons.
``(3) Consideration of additional factors.--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. In evaluating the threat to
a population or critical infrastructure sector, the Board shall
give greater weight to threats of terrorism based upon their
specificity and credibility, including any pattern of
repetition.
``(4) Minimum amounts.--After evaluating and prioritizing
State grant applications under paragraph (1), the Secretary
shall ensure that, for each fiscal year--
``(A) except as provided in subparagraph (B), each
State, other than the Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands, that has an
approved State emergency preparedness plan receives not
less than 0.25 percent of the total amount of funds
available for covered grants for that fiscal year to be
used to implement the homeland security plan of that
State in accordance with the prioritization of needs
under section 1804(a)(4);
``(B) each State, other than the Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands,
that has an approved State emergency preparedness plan
and that meets an additional high-risk qualifying
criterion under paragraph (6) receives not less than
0.45 percent of the total amount of funds available for
covered grants for that fiscal year to be used to
implement the homeland security plan of that State in
accordance with the prioritization of needs under
section 1804(a)(4);
``(C) each of the Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands receives not
less than 0.08 percent of the total amount of the funds
available for covered grants for that fiscal year to be
used to implement an approved homeland security plan in
accordance with the prioritization of needs under
section 1804(a)(4); and
``(D) directly eligible tribes collectively receive
not less than 0.08 percent of the total amount of funds
available for covered grants for that fiscal year to be
used to address 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 the tribal land 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 section
1803(c)(5) or does not approve at least one such
application.
``(5) Additional high-risk qualifying criteria.--For
purposes of paragraph (5)(B), an additional high-risk
qualifying criterion is either of the following:
``(A) Having a significant international land
border.
``(B) Adjoining a body of water within North
America through which an international boundary line
extends.
``(b) Effect of Regional Awards on State Minimum.--Any regional
award, or portion thereof, provided to a State under section
1803(c)(4)(C) shall not be considered in calculating the minimum State
award under subsection (a)(5).
``SEC. 1806. PROHIBITED USES OF COVERED GRANT FUNDS AND ACCOUNTABILITY
REQUIREMENTS.
``(a) Prohibited Uses.--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.
``(b) 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 enhances emergency response provider
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.
``(c) Reimbursement of Costs.--
``(1) Stipends for volunteer training.--A covered grant may
be used to provide a reasonable stipend to paid-on-call or
volunteer emergency response providers 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 emergency
response provider an employee under the Fair Labor Standards
Act of 1938 (29 U.S.C. 201 et seq.).
``(2) Performance of federal duties.--An applicant for a
covered grant may petition the Secretary for the reimbursement
of the cost of any activity relating to prevention (including
detection) of, preparedness for, response to, or recovery from
acts of terrorism that is a Federal duty that is usually
performed by a Federal agency and that is being performed by a
State or local government under an agreement with a Federal
agency.
``(d) Assistance Requirement.--The Secretary may not require that
equipment paid for, wholly or in part, with funds provided through a
covered grant be made available by the grant recipient to another
State, region, or locality for the purpose of responding to an
emergency in that State, region, or locality, unless the Secretary pays
the costs directly attributable to transporting and operating such
equipment during such response.
``(e) Flexibility in Unspent Homeland Security Grant Funds.--Upon
request by the recipient of a covered grant, the Secretary may
authorize that recipient to use grant funds for purposes authorized
under this section that are not specified in the recipient's grant
agreement, if the Secretary determines that the use of grant funds for
such purposes is in the interest of homeland security.
``(f) State, Regional, and Tribal Responsibilities.--
``(1) Availability of funds and resources.--By not later
than the end of the 45-day period beginning on the date a
recipient of a covered grant that is a State receives covered
grant funds, the Secretary shall require such recipient to
obligate or otherwise make available to local governments,
emergency response providers, and other local groups, to the
extent required under the State emergency preparedness plan or
plans specified in the application for the grant--
``(A) not less than 80 percent of the amount of the
grant; and
``(B) resources purchased with the grant funds
having a value equal to at least 80 percent of the
amount of the grant.
``(2) Cost sharing.--
``(A) Cost sharing requirement.--The Federal share
of the costs of any activity carried out using a
covered grant made to a State, region, or directly
eligible tribe that is awarded after the date that is
two years after the date of the enactment of this
section shall not exceed 75 percent.
``(B) Transition rule.--The Federal share of the
costs of an activity carried out with a covered grant
awarded during the period beginning on the date of the
enactment of this section and ending on the date that
is two years after 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 cost sharing requirement
under subparagraph (A) by making in-kind contributions
of goods or services that are directly linked with the
purpose for which the grant is made, including any
necessary personnel overtime, 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, emergency response providers,
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 the expenditures
of the recipient using covered grant funds during that fiscal
quarter. Each such report must include, for each recipient of a
covered grant and each local government, emergency response
provider, or other local group to which covered grant funds are
made available 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 the recipient, local government, emergency response
provider, or other local group using such amount.
``(5) Annual reports on homeland security spending.--
``(A) In general.--The Secretary shall require each
recipient of a covered grant to submit an annual report
to the Secretary not later than 60 days after the end
of each fiscal year.
``(B) Regions.--The Secretary shall require each
such recipient that is a region to submit the annual
report required under subparagraph (A) to each State of
which any part is included in the region at the same
time that the recipient submits such report to the
Secretary under such subparagraph.
``(C) Directly eligible tribes.--The Secretary
shall require each recipient of a covered grant that is
a directly eligible tribe to submit the annual report
required under subparagraph (A) to each State within
the boundaries of which any part of such tribe tribal
land is located at the same time that the recipient
submits such report to the Secretary under such
subparagraph.
``(D) Contents of reports.--Each report submitted
under this paragraph shall include each of the
following:
``(i) The amount, ultimate recipients, and
dates of receipt of all grant funds during the
preceding fiscal year.
``(ii) 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 preceding fiscal year.
``(iii) How the funds were utilized by each
ultimate recipient or beneficiary during the
preceding fiscal year.
``(iv) The extent to which essential
capabilities identified in the applicable State
emergency preparedness plan or plans were
achieved, maintained, or enhanced as the result
of the expenditure of grant funds during the
preceding fiscal year.
``(v) The extent to which essential
capabilities identified in the applicable State
emergency preparedness 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 to appropriate department
officials.--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.
``(g) Incentives for 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
distribute funds to local governments, emergency response
providers, and other local groups, as required under subsection
(f)(1), during the period specified under that subsection, the
Secretary may--
``(A) reduce the amount of the grant by the amount
required to be distributed under subsection (f)(1);
``(B) terminate the award of grant funds to the
recipient and transfer the amount required to be
distributed under subsection (f)(1) directly to the
local emergency response providers local governments,
and other local groups 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 distributed under subsection
(f)(1); or
``(iii) for each day that the grant
recipient fails to distribute funds or
resources in accordance with subsection (f)(1),
reducing grant payments to the grant recipient
from the portion of grant funds that is not
required to be distributed under that
subsection, 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 1803(c)(4)(C)(ii) or subsection (f)(1) for an
additional 15-day period. The Secretary may approve such a
request, and may extend such period for one or more additional
15-day periods, if the Secretary determines that the resulting
delay will not have a significant detrimental impact on
terrorism preparedness efforts.
``(3) Provision of nonlocal share to local government.--
``(A) In general.--The Secretary may pay to a local
government, emergency response provider, or other local
group for which funds are required to be obligated or
made available under subsection (f)(1), at the request
of such government, provider, or group, a portion of
the amount of a covered grant awarded to a State that
is required to obligate or make available such funds,
if--
``(i) the local government, emergency
response provider, or other local group
certifies to the Secretary that it will use the
amount paid to expedite planned enhancements to
the emergency preparedness of the government,
provider, or group, as described in any
applicable State emergency preparedness plan or
plans;
``(ii) the State has failed to distribute
funds or resources in accordance with
subsection (f)(1); and
``(iii) the local government, emergency
response provider, or other local group
complies with subparagraphs (B) and (C).
``(B) Showing required.--Before distributing funds
to a local government, emergency response provider, or
other local group under this paragraph, the Secretary
shall require the local government, provider, or group
to demonstrate that--
``(i) the local government, emergency
response provider, or other local group is
identified explicitly as an ultimate recipient
or intended beneficiary in the approved grant
application of the State that has failed to
distribute funds to such local government,
provider, or group;
``(ii) that State included as part of the
application for the grant submitted by the
State a statement that the local government,
emergency response provider, or other local
group was intended to receive a severable
portion of the overall grant for a specific
purpose that is identified in the grant
application;
``(iii) the local government, emergency
response provider, or other local group
petitioned that State for the funds or
resources after the expiration of the period
during which the funds or resources were
required to be distributed to the local
government, provider, or group under subsection
(f)(1); and
``(iv) the local government, emergency
response provider, or other local group did not
receive the portion of the grant made to that
State that was designated in the State grant
application as being for the use or benefit of
that local government, emergency response
provider, or other local group.
``(C) Effect of payment.--Payment of grant funds to
a local government, emergency response provider, or
other local group under this paragraph--
``(i) shall not affect any payment to
another local government, emergency response
provider, or other local group under this
paragraph; and
``(ii) shall not prejudice consideration of
a request for payment under this paragraph that
is submitted by another local government,
emergency response provider, or other local
group.
``(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.
``(h) Reports to Congress.--Not later than January 31 of each year,
the Secretary shall submit to Congress a report on homeland security
grants during the preceding fiscal year. Each such report shall
contain, with respect to such fiscal year--
``(1) a detailed description of the amount of Federal funds
provided as covered grants that were awarded to each State,
region, and directly eligible tribe;
``(2) information on the use of such grant funds by
grantees; and
``(3) a description of the national progress made in
achieving, maintaining, and enhancing the essential
capabilities established by the Secretary as a result of the
expenditure of covered grant funds; and
``(4) an estimate of the amount of funds required to
fulfill such capabilities nationwide.
``SEC. 1807. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.
``(a) Establishment.--The Secretary shall establish the Emergency
Management Performance Grants Program. Under the program, the Secretary
shall make grants to States for emergency management performance in
accordance with this section.
``(b) Use of Funds.--A recipient of a grant under this section
shall use the grant for emergency preparedness, planning, training and
administration through funding costs of--
``(1) training sessions to ensure accurate completion of
the needs assessment;
``(2) hiring of full or part-time staff, contractors, or
consultants to assist with the collection of the needs
assessment data and updating of the State strategic plan;
``(3) travel expenses;
``(4) meeting-related expenses;
``(5) implementing and managing programs for equipment
acquisition, training and exercises;
``(6) conducting local or regional strategy implementation
meetings;
``(7) hiring of full or part-time staff, contractors, or
consultants to assist with the implementation and
administration of a State homeland security strategic plan; or
``(8) the acquisition of authorized office equipment.
``(c) Technical Assistance for Development of Plans and Programs.--
``(1) Provision of technical assistance.--The Secretary,
acting through a regional representative of the Department,
shall provide technical assistance--
``(A) to States for the purpose of developing
comprehensive plans and practicable programs for
preparation against all-hazards disasters, including
hazard reduction, avoidance, and mitigation;
``(B) to individuals, businesses, and State,
tribal, and local governments to which a State has
provided grant funds in accordance with section 1805
for preparation and response following such disasters;
and
``(C) to such State and local governments to plan
for recovery of damaged or destroyed public and private
facilities.
``(2) Advisory group.--Each regional representative of the
Department shall bring together a group of high level
officials, representing multiple disciplines from the State,
regional, and local levels to--
``(A) establish expectations and priorities for
exercise activities;
``(B) discuss how the State will implement its
emergency preparedness plan; and
``(C) define how corrective actions flowing from
exercises will be addressed and tracked.
``(d) Grants Program for Development of Emergency Preparedness
Plans and Programs.--
``(1) Authority.--Upon application by a State (including,
for purposes of this subsection, an authority created by an
interstate compact), the Secretary may make a grant to the
State to be used for the development of a State emergency
preparedness plan, program, or capability for disaster
preparedness and prevention under section 1804.
``(2) Amount of grant.--A grant under this subsection for a
fiscal year shall be in an amount not less than 0.25 percent of
the total amount of all grants awarded under the Emergency
Management Performance Grants Program for that fiscal year.
``(3) Eligibility.--To be eligible for a grant under this
section, a State shall certify to the Secretary that the State
has designated or created an agency to plan and administer a
State emergency preparedness plan.
``(4) Award of grants.--The Secretary may make a grant to a
State for necessary and essential State and local emergency
management personnel and administrative expenses associated
with the development of the State emergency preparedness plan.
``(e) Grants for Improvement, Maintenance, and Updating of State
Plans.--The Secretary may make grants to States for improving,
maintaining, and updating State emergency preparedness plans under
section 1804. In addition to the allowable uses of funds under
subsection (b), a State may use such a grant for the purpose of
evaluating natural hazards and developing the programs and actions
required to mitigate such hazards.
``(f) Utilization of Services of Other Agencies.--In carrying out
the program under this section, the Secretary shall utilize the
services of all appropriate Federal agencies, including the following
services:
``(1) The preparation of disaster preparedness plans for
mitigation, warning, emergency operations, evacuation,
temporary housing, medical treatment and quarantine,
rehabilitation, and recovery.
``(2) Training and exercises.
``(3) Post-disaster critiques and evaluations.
``(4) The annual review of programs.
``(5) The coordination of Federal, State, and local
preparedness programs.
``(6) The application of science and technology.
``(7) Research.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
``(1) $700,000,000 for each fiscal years 2007 through 2009;
and
``(2) such sums as may be necessary for each subsequent
fiscal year.
``(h) Prioritization of Grants.--In addition to the requirements
under 1805(a), in prioritizing grants to States under this section, the
Secretary shall take into consideration--
``(1) the criticality of the areas in each State that may
be affected by all-hazards disasters with respect to the
development of the total emergency preparedness readiness of
the Nation;
``(2) the relative state of development of emergency
preparedness readiness of each State;
``(3) the population of each State; and
``(4) such other factors as the Secretary shall prescribe.
``(i) Reallocation.--If the recipient of a grant under this Section
does not expend the full amount of the grant before the last day of the
fiscal year for which the grant is made, and such recipient does not
apply to the Secretary for an extension under section 1806(g)(2) or
otherwise receive permission from the Secretary to retain the grant
funds after the last day of that fiscal year, such recipient shall
reimburse the Secretary for the amount of the unused grant funds.
``(j) Restriction on Use of Funds.--Except as provided in section
1806(e), grant funds awarded under this section may only be expended
for a purpose described in this section.
``(k) Submission of Plan.--If a State fails to submit a plan under
section 1804 within 90 days of the availability of funds, the Secretary
may reallocate the grant funds allocated to that State, or any portion
of such funds, among the other States that received grants for that
fiscal year in such amounts as the Secretary determines best assure the
adequate development of the emergency preparedness capability of the
Nation.
``SEC. 1808. STATE HOMELAND SECURITY GRANT PROGRAM.
``(a) Establishment.--The Secretary shall establish the State
Homeland Security Grant Program to make grants to States to fund State
homeland security material expenses related to all-hazards disaster
response and recovery efforts as described in Federally approved State
emergency preparedness plans under section 1804.
``(b) State Allocation of Funds.--A State that receives a grant
under this section, shall allocate grant funds in accordance with the
approved emergency preparedness plan of that State and obligate such
funds to municipalities local governments, emergency response
providers, and other local groups in accordance with this section and
section 1805 not later than 45 days after the date on which the State
receives the grant.
``(c) Use of Equipment Acquisition Funds.--A recipient of a grant
under the State Homeland Security Grant Program shall use the grant to
enhance the capabilities of State and local emergency response
providers through the acquisition of--
``(1) personal protective equipment;
``(2) explosive device mitigation and remediation
equipment;
``(3) chemical, biological, radiological, nuclear and
explosive search and rescue equipment, incident response
vehicles, logistical support, and reference materials;
``(4) interoperable communications equipment;
``(5) detection equipment;
``(6) decontamination equipment;
``(7) physical security enhancement equipment;
``(8) terrorism incident prevention equipment;
``(9) medical supplies and limited types of
pharmaceuticals; or
``(10) other equipment as determined by the Secretary.
``(d) Allocation of Funds.--For each fiscal year, the Secretary
shall make a grant under this section to each State that submits an
application in an amount equal to not less than 0.025 percent of the
total amount awarded under the State Homeland Security Grant Program
for that fiscal year.
``(e) Prioritization of Grants.--In prioritizing grants to States
under this section, the Secretary shall consider--
``(1) the criticality of the areas in each State that may
be affected by all-hazards disasters;
``(2) the risk, vulnerability, threat, and unmet
capabilities of each State (as determined by the Secretary);
and
``(3) such other factors as the Secretary shall prescribe.
``(f) Restriction on Use of Funds.--Except as provided in section
1806(e), an amount awarded or allocated to a State under this section
may only be expended for a purpose described in this section.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
``(1) $633,000,000 for each fiscal years 2007 through 2009;
and
``(2) such sums as may be necessary for each subsequent
fiscal year.
``SEC. 1809. METROPOLITAN MEDICAL RESPONSE SYSTEM (MMRS) GRANT PROGRAM.
``(a) The Secretary is authorized to establish a grant program to
assist highly populated jurisdictions (as determined by the Secretary)
to achieve enhanced capabilities necessary to meet medical logistical
challenges posed by mass casualty event, including, but not limited to
emergency medical quarantine and evacuation.
``(b) Metropolitan Medical Response System grants are authorized to
assist highly populated areas (as determined by the Secretary) in
funding the cost of--
``(1) developing medical response plans, which include
input from medical volunteers, public and private health care
professionals, first responders, emergency managers, and are
consistent with federally-approved State emergency preparedness
plans under section 1806;
``(2) conduct training and exercises;
``(3) acquire pharmaceuticals; and
``(4) personal protective equipment.
``(c) MMRS teams shall obtain pharmaceuticals sufficient to provide
care for at least 1,000 victims of a chemical incident and for 10,000
victims for the first 48 hours of response to a biological event.
``(d) MMRS teams shall create local hospital and healthcare system
plans that ensure surge capacity to accommodate 500 critically ill
patients.
``(e) There is authorized to be appropriated for this section--
``(1) $60,000,000 for each fiscal years 2007 through 2009;
and
``(2) such sums as may be necessary for each subsequent
fiscal year.
``(f) Upon application by local government entities, the Secretary
is authorized to make grants, not to be less than $250,000 in the
aggregate to such jurisdiction (or 0.8% of the program total).
``(g) Regulations governing allocations to Jurisdictions shall give
due regard to--
``(1) the criticality of the target and support areas and
the areas which may be affected by all-hazards disasters;
``(2) risk, vulnerability, threat, unmet capabilities (as
determined by the Secretary); and
``(3) such other factors as the Secretary shall prescribe.
``(h) Amounts paid to any jurisdiction or political subdivision
under this section shall be expended solely for the purposes set forth
in this section except as prescribed under section 1806(e).
``(i) Annual Reports.--The Secretary shall report annually to the
Congress all contributions made pursuant to this section as prescribed
in section 1806(h).
``SEC. 1810. URBAN AREA SECURITY INITIATIVE GRANT PROGRAM.
``(a) Establishment.--The Secretary shall establish the Urban Area
Security Initiative Grant Program to make grants to States and local
government entities that are designated by the Secretary as urban area
security initiative jurisdictions in accordance with this section.
``(b) Eligibility.--To be eligible for a grant under this section
an urban area security initiative jurisdiction shall submit an
application to the Secretary at such time, in such manner, and
containing such information and assurances as the Secretary may
require.
``(c) Use of Funds.--An urban area security initiative jurisdiction
that is a recipient of a grant under this section shall use the grant
to enhance emergency response provider capabilities in that urban area
security initiative jurisdiction through funding the acquisition of--
``(1) personal protective equipment;
``(2) explosive device mitigation and remediation
equipment;
``(3) chemical, biological, radiological, nuclear and
explosive search and rescue equipment, incident response
vehicles, logistical support, and reference materials;
``(4) interoperable communications equipment;
``(5) detection equipment;
``(6) decontamination equipment;
``(7) physical security enhancement equipment;
``(8) terrorism incident prevention equipment;
``(9) medical supplies and limited types of
pharmaceuticals; or
``(10) other equipment as determined by the Secretary.
``(d) Allocation of Funds.--For each fiscal year, the Secretary
shall make a grant to each eligible urban area security initiative
jurisdiction in an amount equal to not less than the greater of--
``(1) $209,500; or
``(2) 0.025 percent of the total amount of all grants made
under the program for that fiscal year.
``(e) Prioritization of Grants.--In prioritizing grants awarded
under this section, the Secretary shall consider--
``(1) the criticality of the areas in each eligible urban
area security initiative jurisdiction that may be affected by
an all-hazard disaster;
``(2) the risk, vulnerability, threat, and unmet
capabilities of each eligible urban area security initiative
jurisdiction (as determined by the Secretary); and
``(3) such other factors as the Secretary shall prescribe.
``(f) Restriction on Use of Funds.--Except as provided in section
1806(e), the recipient of a grant under this section shall use the
grant solely for a purpose described in this section.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
``(1) $838,000,000 for each fiscal years 2007 through 2009;
and
``(2) such sums as may be necessary for each subsequent
fiscal year.
``SEC. 1811. OVERSIGHT.
``The Secretary shall establish in the Office for Domestic
Preparedness an Office of the Comptroller to oversee the grants
distribution process and the financial management of the Office for
Domestic Preparedness.''.
SEC. 4. CLERICAL AMENDMENT.
The table of contents in section 1(b) of such Act is amended by
adding at the end the following:
``TITLE XVIII--FUNDING EMERGENCY PLANNING AND RESPONSE
``Sec. 1801. Definitions.
``Sec. 1802. Preparedness first.
``Sec. 1803. Covered grant eligibility and criteria.
``Sec. 1804. State emergency preparedness plans.
``Sec. 1805. Risk-based evaluation and prioritization.
``Sec. 1806. Prohibited uses of covered grant funds and accountability
requirements.
``Sec. 1807. Emergency Management Performance Grants Program.
``Sec. 1808. State Homeland Security Grant Program.
``Sec. 1809. Metropolitan Medical Response System (MMRS) Grant Program.
``Sec. 1810. Urban Area Security Initiative Grant Program.
``Sec. 1811. Oversight.''.
SEC. 5. REPEAL OF SUPERSEDED PROVISION.
Section 1014 of the USA PATRIOT ACT (Public Law 107-56) is
repealed.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H5862)
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Sponsor introductory remarks on measure. (CR E1571-1572)
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Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman .
Referred to the Subcommittee on Emergency Preparedness, Science, and Technology.