Faster and Smarter Funding for First Responders Act of 2004 - (Sec. 3) Directs the Secretary of Homeland Security to: (1) establish clearly defined essential capabilities for State and local government preparedness for terrorism for purposes of covered grants (i.e., any grant provided by the Department of Homeland Security (DHS) to States, regions, or directly eligible tribes to improve the ability of first responders to prevent, prepare for, respond to, or mitigate terrorist attacks, including any grant under DHS's State Homeland Security Grant Program or Urban Area Security Initiative); and (2) establish (within 30 days after receipt of the initial submission of a final report) and regularly update (at least every three years) essential capabilities.
Defines "directly eligible tribe" to mean any Indian tribe or consortium of tribes that: (1) meets the criteria to participate in self-governance set forth in the Indian Self-Determination and Education Assistance Act; (2) employs at least ten 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 (3) is located on or within five miles of an international border or waterway, within five miles of a facility within a critical infrastructure sector, or within or contiguous to one of the 50 largest metropolitan statistical areas, or has more than 1,000 square miles of Indian country.
Directs the Secretary to ensure that essential capabilities are provided promptly to Congress and to the States (which shall make such capabilities available to local governments) and that such capabilities meet objectives for: (1) specificity regarding the training, planning, personnel, and equipment that different types of communities should have to meet DHS's goals for terrorism preparedness based upon the most current terrorism risk assessment available; (2) flexibility to allow State and local government officials to set priorities based on particular needs, while reaching nationally determined terrorism preparedness levels within a specified period; and (3) measurability of progress towards specific terrorism preparedness goals.
Directs the Secretary, in establishing essential capabilities, to specifically consider the variables of threat, vulnerability, and consequences with respect to the Nation's population and critical infrastructure based upon the most current terrorism risk assessment available by the Directorate for Information Analysis and Infrasturcture Protection. Directs the Secretary to specifically consider terrorism threats against the following U.S. critical infrastructure sectors: (1) agriculture; (2) banking and finance; (3) chemical industries; (4) the defense industrial base; (5) emergency services; (6) energy; (7) food; (8) government; (9) postal and shipping; (10) public health; (11) information and telecommunications networks; (12) transportation; (13) water; and (14) courts and justice facilities.
Directs the Secretary to establish the Task Force on Essential Capabilities for First Responders. Requires the Task Force to submit to the Secretary triennial reports on essential capabilities of State and local government responders regarding terrorism preparedness, prevention, protection, response, and mitigation. Directs the Task Force to specifically consider critical infrastructure sectors and threats, including: (1) biological, nuclear, radiological, incendiary, chemical, and cyber threats; (2) explosives; (3) suicide bombers; and (4) any other threats based on proximity to specific past acts of terrorism or the known activity of any terrorist group.
Makes any State, region, or directly eligible tribe eligible to apply for a covered grant. Directs the Secretary, in awarding covered grants, to assist States and local governments in achieving the essential capabilities for first responders. Directs that for purposes of awarding covered grants, credibility of the threat shall be weighted more than population concentration, critical infrastructure, or any other consideration.
Directs the Secretary to require that any State applying for a covered grant submit a three-year State homeland security plan that: (1) demonstrates the extent to which the State has achieved, and what is still needed for the State to achieve, the applicable essential capabilities; (2) describes the extent to which the State used a specified methodology to evaluate the level of its essential capabilities; (3) includes a prioritization of such additional needs based on threat, vulnerability, and consequence assessment factors; (4) describes how the State intends to address such additional needs at the city, county, regional, State, and interstate level (and with respect to any Indian tribes within its boundaries), with particular emphasis on regional planning and cooperation within its jurisdictional borders and with neighboring States; and (5) is developed in consultation with and subject to appropriate comment by local governments.
Prohibits the Secretary from awarding any covered grant to a State unless the Secretary has approved its homeland security plan. Directs the Secretary to ensure that each covered grant is used to supplement and support the applicable State's homeland security plan.
Sets forth application requirements and deadlines and requirements regarding equipment standards. Limits the Secretary to making covered grants directly to not more than 20 directly eligible tribes per fiscal year.
Directs the Secretary to establish a First Responder Grants Board, consisting of: (1) the Secretary; (2) the Under Secretaries for Emergency Preparedness and Response, Border and Transportation Security, Information Analysis and Infrastructure Protection, and Science and Technology; and (6) the Director of the Office for Preparedness. Designates the Secretary as Chairman of the Board. Directs the Board to evaluate and annually prioritize all pending applications for covered grants based upon the degree to which they would lessen the threat to, vulnerability of, and consequences for persons and critical infrastructure, and to ensure that, for each fiscal year: (1) the States, the District of Columbia, and the Commonwealth of Puerto Rico each receive no less than .25 percent of the funds available for covered grants for implementing its homeland security plan in accordance with the prioritization of additional needs; (2) the U.S. Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands each receive no less than .08 percent of the funds available for covered grants for such purposes; and (3) directly eligible tribes collectively receive no less than .25 percent of the funds available for covered grants for purposes of addressing needs identified in their applications, consistent with the homeland security plan of each State within which any part of any such tribe is located.
Specified used of covered grants, including: (1) equipment and exercises to strengthen terrorism preparedness and response; (2) training for prevention of, preparedness for, or response to attacks involving weapons of mass destruction; (3) response plans; (4) mechanisms for sharing terrorism threat information; (5) strategy formulation and strategic planning and prototype development for terrorism preparedness and response purposes; (6) additional personnel costs resulting from elevations in the Homeland Security Advisory System threat alert level; (7) enhancing facilities to serve as operations centers or hardening critical infrastructure against potential attack; (8) commercially available equipment that facilitates coordination and integration between emergency communications systems; (9) educational curricula development for first responders; and (10) training and exercises to assist public elementary and secondary schools in developing and implementing terrorism response programs. Prohibits funds from being used: (1) to supplant State or local funds for traditional missions of State and local law enforcement, firefighters, emergency medical services, or public health agencies; (2) to construct buildings or other physical physical facilities; (3) to acquire land; or (4) for any State or local government cost-sharing contribution.
Prohibits the Secretary from requesting that equipment paid for with covered grant funds be made available for responding to emergencies in surrounding States, regions, and localities, unless the Secretary pays the costs of transporting and operating such equipment.
Allows the Secretary to authorize a covered grant recipient, upon request, transfer grant funds from uses specified in the grant agreement to other uses authorized in this Act if such transfer is in the interests of homeland security.
Directs the Secretary to require a recipient that is a State to make available to local governments, first responders, and other local groups, to the extent required under the State homeland security plan, not less than 80 percent of the grant funds, equivalent resources purchased with the grant funds, or a combination thereof within 45 days after receiving the grant funds.
Limits the Federal share of the cost of an activity carried out with a covered grant to a State or region to 100 percent with respect to grants awarded within two years after this Act's enactment or 75 percent with respect to grants awarded thereafter. Allows each recipient to meet the matching requirement by making in-kind contributions of goods or services that are directly linked with the grant's purpose. Requires any State recipient to certify to the Secretary, within 30 days, that it has made the required amount of grant funds available to local governments, groups, and first responders.
Sets forth annual reporting requirements by recipients on homeland security spending, including restricted annexes (for sensitive but unclassified information). Requires: (1) each recipient of a covered grant that is a directly eligible tribe to simultaneously submit its report to each State within which any part of such tribe is located; and (2) the Secretary to ensure that each report is provided to the Under Secretary for Emergency Preparedness and Response and the Director of the Office for Domestic Preparedness.
Authorizes the Secretary, if a State recipient fails to pass through funds or resources to local governments, groups, or first responders within 45 days after receiving grant funds, to: (1) reduce grant payments; (2) transfer payment of funds directly to local first responders; or (3) impose additional restrictions on the State's use of grant funds. Authorizes the Governor of a State to request and the Secretary to grant a 15-day extension of such 45-day period if the resulting delay will not have a significant detrimental impact on terrorism preparedness efforts. Authorizes the Secretary to pay a local government, upon request, a portion of the amount awarded to a State for such government to use to expedite planned terrorism preparedness enhancements if the State has failed to pass through funds or resources.
Requires the Secretary to submit an annual report to Congress by December 31 of each year on the amount of Federal funds provided as covered grants to each State and region, the use of such grant funds, and the extent to which essential capabilities were created or enhanced or remain unmet, and an estimate of Federal, State, and local expenditures required to attain such capabilities across the United States.
Directs the Secretary to support the development of, promulgate, and update national voluntary consensus standards for: (1) the performance, use, and validation of first responder equipment, which shall be consistent with existing standards, take into account new types of terrorism threats, and focus on maximizing interoperability, interchangeability, durability, flexibility, efficiency, efficacy, portability, sustainability, and safety; and (2) first responder training under covered grant programs that will enable State and local government first responders to achieve optimal levels of terrorism preparedness as quickly as practicable. Lists required categories of first responder equipment. Requires the Secretary to include the following categories of first responder activities: (1) regional planning; (2) joint exercises; (3) intelligence collection, analysis, and sharing; (4) emergency notification of affected populations; and (5) detection of biological, nuclear, radiological, and chemical weapons of mass destruction. Directs the Secretary, in establishing such training standards, to consult with relevant public and private sector groups, including the International Safety Equipment Association.
Includes within the definition of "emergency response providers" fire personnel, agencies, and authorities.
(Sec. 4) Directs the Secretary to: (1) revise the Homeland Security Advisory System to require that any designation of a threat level or other warning indicate the geographic regions or economic sectors to which the designation applies; and (2) report to Congress by December 31 each year regarding the geographic region-specific warnings and economic sector-specific warnings issued under the System and the bases for such warnings.
(Sec. 5) Amends the Homeland Security Act to make the Special Assistant to the Secretary responsible for coordinating industry efforts, with respect to DHS functions, to identify private sector resources and capabilities that could be effective in supplementing Federal, State, and local government agency efforts to prevent or respond to a terrorist attack.
(Sec. 6) Provides that this Act supersedes provisions of the USA PATRIOT Act regarding the allocation of grant funds for State and local domestic preparedness support.
(Sec. 7) Expresses the sense of Congress that: (1) interoperable emergency communications systems and radios should be deployed as soon as practicable for use by the first responder community, and upgraded and new digital communications systems and new digital radios must meet prevailing national, voluntary consensus standards for interoperability; and (2) 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.
(Sec. 9) Directs the Secretary to study and report to Congress on the feasibility of establishing an emergency telephonic alert notification system that will alert persons about imminent or current hazardous events caused by acts of terrorism and appropriate measures to take for their safety.
(Sec. 10) Authorizes appropriations to the Secretary for FY 2006 for making covered grants.
(Sec. 11) Authorizes the Secretary to: (1) enter into contracts with certified contractors for security enhancements and technical assistance for high-risk nonprofit organizations; and (2) issue Federal loan guarantees to financial institutions in connection with loans made to nonprofits for security enhancements and technical assistance. Permits the Secretary to guarantee loans under this section only to the extent provided for in advance by appropriations Acts and only to the extent such loans have favorable repayment terms.
Directs the Secretary to designate nonprofits as high-risk eligible for contracts or loans based on the vulnerability of the specific site of the nonprofit to international terrorist attacks. Sets guidelines for vulnerability determinations, including the symbolic value of the site as a highly recognized U.S. cultural or historical institution that renders the site a possible target of international terrorism or the role of the nonprofit in responding to international terrorist attacks. Requires the nonprofit to provide the Secretary with documentation that it: (1) hosted a gathering of at least 100 or more persons at least once each month at the nonprofit site during the preceding 12 months; or (2) provides services to at least 500 persons each year at that site.
Allows funds borrowed from lending institutions, which are guaranteed by the Government, to be used for technical assistance and security enhancements. Requires a nonprofit desiring assistance to submit a separate application for each specific site needing security enhancements or technical assistance. Authorizes joint applications.
Allows each State to establish a State Homeland Security Authority to carry out this section. Sets forth requirements regarding application submission, evaluation, and appeal.
Directs the Secretary to select applications for execution of security enhancement and technical assistance contracts, or issuance of loan guarantees, giving preference to the nonprofits determined to be at greatest risk of attack.
Authorizes the Secretary to provide grants to local governments to offset incremental costs associated with law enforcement in areas where there is a high concentration of nonprofits.
Establishes within DHS the Office of Community Relations and Civic Affairs to: (1) administer grant programs for nonprofits and local law enforcement assistance; (2) coordinate community relations efforts of DHS; (3) serve as the official liaison of the Secretary to the nonprofit, human and social services, and faith-based communities; and (4) assist in coordinating the needs of those communities with the Citizen Corps program.
Authorizes appropriations for FY 2005 through 2007 to DHS: (1) to carry out the nonprofit program; (2) for local law enforcement assistance grants; (3) for the Office of Community Relations and Civic Affairs; and (4) for amounts required under the Federal Credit Act with respect to Federal loan guarantees authorized by this Act, subject to a specified limitation.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3266 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3266
To authorize the Secretary of Homeland Security to make grants to first
responders, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 8, 2003
Mr. Cox introduced the following bill; which was referred to the Select
Committee on Homeland Security, and in addition to the Committees on
Transportation and Infrastructure, the Judiciary, and Energy and
Commerce, for a 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 authorize the Secretary of Homeland Security to make grants to first
responders, and for other purposes.
Be it enacted by the Senate and House of 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 2003''.
SEC. 2. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR TRADITIONAL FIRST
RESPONDER MISSIONS.
(a) In General.--This Act does not affect any authority to make
grants under any Federal grant program in existence immediately prior
to September 11, 2001, that enhance traditional missions of State and
local law enforcement, firefighters, ports, emergency medical services,
or public health missions.
(b) Included Programs.--The programs referred to in subsection (a)
include the following:
(1) Fire grant program.--The Fire Grant Program authorized
by section 1703 of the Defense Authorization Act of 2001
(Public Law 106-398).
(2) Emergency management planning and assistance account
grants.--The Emergency Management Performance Grant program and
the Urban Search and Rescue Grants program 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.).
(3) Department of justice law enforcement grant programs.--
The Local Law Enforcement Block Grant program of the Department
of Justice.
(4) Byrne memorial formula grants.--The Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs
authorized by part E of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).
(5) COPS.--The Public Safety and Community Policing (``COPS
ON THE BEAT'') grant program authorized by part Q of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796dd et seq.).
(6) Health and human services grant programs.--Grant
programs under the Public Health Service Act regarding
preparedness for bioterrorism and other public health
emergencies (including grants under sections 319C-1, 319C-2,
and 319F), and the emergency response assistance program
authorized by section 1412 of the National Defense
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2312).
SEC. 3. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
(a) In General.--Subtitle A of title VIII of the Homeland Security
Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is amended by
adding at the end the following:
``SEC. 802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
``(a) Short Title.--This section may be cited as the `Faster and
Smarter Funding for First Responders Act'.
``(b) First Responder Grants Authorized.--
``(1) In general.--The Secretary shall establish a State
and Regional First Responder Grant Program, under which the
Secretary may make grants in accordance with this section to
States and eligible regional entities.
``(2) Application to other grants.--All grants by the
Secretary with amounts made available after the date of the
enactment of this Act for first responders shall be awarded
under the program, and shall be made to either States or
eligible regional cooperatives in accordance with this section.
``(3) Administration.--The Secretary shall administer the
program through the Office for State and Local Government
Coordination.
``(c) Grant Criteria and Eligibility.--
``(1) Grant criteria.--The Secretary shall make grants
under this section on the basis of the threat to a State or
region's population and critical infrastructure, as determined
by the Under Secretary for Information Analysis and
Infrastructure Protection based on its analysis under
subsection (e) of threat-related information from all sources
pursuant to its authority under section 202 of the Homeland
Security Act of 2002.
``(2) Grant eligibility.--To be eligible for a grant under
this section an applicant must be--
``(A) a State; or
``(B) a region.
``(3) Consistency.--Any grant awarded under this section
shall be used to supplement and support, in a consistent and
coordinated manner, activities described under subsection (f)
in accordance with a homeland security plan specified in the
application for the grant.
``(d) Application for Grant.--
``(1) In general.--Any State or eligible regional entity
may apply for a grant under this section by submitting to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
``(2) Point of contact.--The Office for State and Local
Government Coordination shall be the sole point-of-contact
between the Department and applicants for grants under this section.
``(3) Contents of application.--Each application for a
grant under this section must include the following:
``(A) Details of the purpose for which grant funds
are sought and the reasons why the applicant needs the
grant, including specification of what the applicant
expects to purchase or accomplish with the grant funds.
``(B) Identification of the entity that will expend
the grant funds.
``(C) A detailed capital budget showing how the
grant funds will be allocated and spent.
``(D) A statement of whether a mutual aid agreement
applies to the use of the grant funds.
``(E) A description of the source of the threat to
which the proposed grant relates, including the type of
attack for which the applicant is preparing for in
seeking the grant funding.
``(F) A statement of why the proposed use of funds
is not a traditional first responder mission.
``(G) A description of how the applicant intends to
meet the matching requirement under subsection (g)(2),
and a statement of whether the applicant will commit to
provide more matching funds than the amount required
under that subsection.
``(e) Threat-Based Evaluation of Grant Applications.--
``(1) In general.--The Secretary, acting through the Under
Secretary, shall evaluate and prioritize applications for
grants under this section based on an objective determination
and exhaustive assessment of the threat to the population or
assets covered by the application.
``(2) Categories of threats to be considered.--In
evaluating and prioritizing applications for grants under this
section, the Under Secretary for Information Analysis and
Infrastructure Protection's risk analysis shall include
consideration of whether and the degree to which threats within
the following categories are applicable at that time to the
State or region for which the application is made:
``(A) Threats to the population of the State or
region, including military and tourist populations.
``(B) Threats to specific economic sectors or
private sector facilities.
``(C) Threats to major communications nodes,
including cyber and telephonic nodes.
``(D) Threats to specific elements of the Nation's
food supply.
``(E) Threats to the water supply.
``(F) Threats to the energy supply, including to
electrical, petroleum, and nuclear sources.
``(G) Threats to civic infrastructure and emergency
response capabilities, including threats that would--
``(i) substantially eliminate the
government of the State or region;
``(ii) materially degrade the ability of
first responders serving the State or region to
communicate or to provide assistance during and
in the aftermath of an act of terrorism,
including a chemical, biological, radiological,
or nuclear attack; and
``(iii) curtail the availability or
effectiveness of emergency medical services,
including hospital-based services, needed to
serve the population of the State or region
during such a terrorist-induced mass-medical
emergency.
``(H) Threats to specific national monuments or
structures of symbolic national importance,
particularly those that routinely attract large numbers
of tourist visitors.
``(I) Threats to significant concentrations of
natural resources on which major economic sectors or
population centers depend.
``(J) Threats to major transportation systems or
nodes.
``(3) Specific threats.--In addition to the categories of
threats under paragraph (2), the Under Secretary shall consider
any other specific threat to a critical vulnerability that the
Department's Directorate of Information Analysis and
Infrastructure Protection has determined exists within the
applicant State or region.
``(4) Identification of threat required.--The Secretary may
not make a grant to an applicant under this section unless the
Under Secretary identifies a specific vulnerability that is
subject to a present or analytically projected threat of an act
of terrorism.
``(5) Prioritization.--The Under Secretary shall prioritize
applications according to the most current analysis by the
Department's Directorate of Information Analysis and
Infrastructure Protection of the terrorist threat.
``(A) The Under Secretary shall prioritize threats listed
under paragraph (2) according, first, to their specificity and
tactical immediacy.
``(B) The Under Secretary shall, next, prioritize threats
according to--
``(i) first, whether they pose a risk of
significant loss of human life;
``(ii) second, whether they pose a risk of large-
scale denial of the means of human subsistence,
including food or water supply; and
``(iii) third, whether they pose a risk of massive
disruption to one or more sectors of the economy of the
United States.
``(f) Use of Funds.--
``(1) In general.--Grants under this section may be used
for--
``(A) the purchase or upgrading of equipment;
``(B) exercises to strengthen emergency response;
``(C) training in the use of equipment; and
``(D) training for prevention (including detection)
of, preparedness for, or response to attacks involving
weapons of mass destruction, regardless of their
perpetrators or sponsorship, including exercises to
strengthen emergency preparedness of State, regional,
and local first responders.
``(2) Prohibited uses.--Grant funds under this section may
not be used to supplant State or local funds that would, in the
absence of Federal aid, be available for homeland security or
other first responder related projects.
``(A) Construction.--Grants awarded under this
section may not be used to construct buildings or other
physical facilities, except those described in section
611 of the Disaster Relief Act of 1974 (42 U.S.C.
5196), or to acquire land.
``(B) Cost sharing.--Grant funds provided under
this section shall not be used for any State or local
government cost sharing contribution request under this
section.
``(3) Flexibility in unspent homeland security grant funds.--Upon
request by a grantee under this section, the Secretary may authorize
the grantee to transfer all or part of funds provided as a grant under
this section, from uses specified in the grant to other uses authorized
under this Act, if the Secretary determines that such transfer is in
the interests of homeland security.
``(g) State and Regional Responsibilities.--
``(1) Pass-through.--The Secretary shall require a
recipient of a grant under this section that is a State or
multi-State entity to provide to local governments, first
responders, and other local groups, consistent with homeland
security plans specified in the application for the grant, not
less than 80 percent of the grant funds, resources 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 grant to a State or
region under this section shall not exceed 75 percent.
``(B) Effective date.--The matching requirement
under subparagraph (A) shall take effect 2 years after
the date of enactment of this Act.
``(3) Report on homeland security spending.--Each recipient
of a grant under this section shall annually submit a report to
the Secretary that contains the following information:
``(A) The amount and the dates of receipt of all
grant funds received.
``(B) The amount and the dates of disbursements of
all funds expended in compliance with subsection (g)(1)
or pursuant to mutual aid agreements or other sharing
arrangements that apply within a region.
``(C) How the funds were utilized by each ultimate
recipient or beneficiary.
``(h) Incentives to Efficient Administration of Homeland Security
Grants.--
``(1) Penalties for failure to provide local share.--If a
grant recipient under this section that is a State or multi-
State entity fails to provide to local governments, first
responders, and other local groups funds or resources as
required by subsection (g)(1) within 45 days after receiving
grant funds under this section, the Secretary may--
``(A) reduce grant payments to the grant recipient
from the portion of grant funds that is not required to
be provided under subsection (g)(1);
``(B) terminate payment of grant funds under this
section to the recipient, and transfer the appropriate
portion of those funds directly to local first
responders that were intended to receive funding under
that grant; or
``(C) impose additional restrictions or burdens on
the recipient's use of grant funds under this section,
which may include--
``(i) prohibiting use of such funds to pay
the grant recipient's grant-related overtime or
other expenses;
``(ii) requiring the grant recipient to
distribute to local government beneficiaries
all or a portion of grant funds that are not
required to be provided under subsection
(g)(1); or
``(iii) for each day that the grant
recipient fails to provide 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 provided 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) Provision of non-local share to local government.--
(A) The Secretary, acting through the Office for State and
Local Government Coordination, may upon request by a local
government pay to the local government a portion of the amount
of a grant to a State or multi-State entity in the jurisdiction
of which the local government is located, if--
``(i) the local government will use the amount paid
to expedite planned enhancements to its homeland
security-related readiness; and
``(ii) the State or multi-State entity has failed
to provide funds or resources in accordance with
subsection (g)(1).
``(B) 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 submitted by the grantee;
``(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 provided under subsection
(g)(1); and
``(iv) it did not receive the portion of
the overall grant that was earmarked or
designated for its use or benefit.
``(C) To obtain a payment under this paragraph, a local
government must provide a copy of the original application.
``(D) 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.
``(E) The Office for State and Local Government
Coordination 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 Office.
``(i) Reports Regarding Distribution of Grant Funds to Local
Governments.--The recipient of a grant under this section shall report
to the Secretary, by not later than 30 days after the expiration of the
period described in subsection (g)(1) with respect to the grant,
regarding the speed of distribution of grant funds and resources to
local governments, first responders, and other local groups pursuant to
subsection (g)(1).
``(j) Reports to Congress.--The Secretary shall submit an annual
report to the Select Committee on Homeland Security of the House of
Representatives and the Committee on Governmental Affairs of the
Senate--
``(1) describing in detail the amount of Federal funds
provided as grants under this section that were directed to
each State and region; and
``(2) containing information on the use of such grant funds
by grantees.
``(k) Definitions.--For purposes of this section:
``(1) First responder.--The term `first responder' means--
``(A) fire, emergency medical service, and law
enforcement personnel; and
``(B) such other personnel as are identified by the
Secretary.
``(2) Homeland security plan.--The term `homeland security
plan' means a 3-year plan developed by a State to--
``(A) assess a State's risks, threats, and
vulnerabilities to acts of terrorism;
``(B) determine a State's capabilities to respond
to acts of terrorism; and
``(C) set priorities for the allocation of grant
funds received under this section.
``(3) Under secretary.--The term `Under Secretary' means
the Under Secretary for Information Analysis and Infrastructure
Protection.
``(4) Region.--The term `region' means a multi-State or
intra-State entity, established by law or by agreement of two
or more governments or governmental agencies in a mutual aid
agreement.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting at the end of the items relating to subtitle A of title VIII
the following:
``Sec. 802. Faster and smarter funding for first responders.''.
SEC. 4. ADVISORY COUNCIL ON FIRST RESPONDERS
(a) In General.--Subtitle A of title VIII of the Homeland Security
Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is further
amended by adding at the end the following:
``SEC. 803. ADVISORY COUNCIL ON FIRST RESPONDERS.
``(a) Establishment.--The Secretary shall establish the Advisory
Council on First Responders, which shall report to the Secretary
through the head of the Office of State and Local Government
Coordination (in this section referred to as the `Advisory Council').
``(b) Functions.--The Advisory Council shall--
``(1) advise the Secretary as to whether there is a need
for a Federal standard with respect to any particular first
responder equipment or training; and
``(2) have such additional responsibilities as the
Secretary may assign in furtherance of the Department's
homeland security mission with respect to enhancing the
capabilities of State and local first responders.
``(c) Membership.--
``(1) In general.--The Advisory Council shall consist of
members appointed by the Secretary and shall--
``(A) represent a cross section of first responder
disciplines; and
``(B) include both State and local representatives
within each discipline.
``(2) Selection of members.--The Secretary--
``(A) shall include in the membership of the
Advisory Council--
``(i) members selected from traditional
first responder fields, including firefighters,
police, and emergency management personnel;
``(ii) experts representing hospitals
(including emergency and inpatient medical
service providers), the public health
profession, and public works; and
``(B) may include in the membership of the Advisory
Council, at the Secretary's discretion, elected State
and local officials with demonstrable expertise in
homeland security-related matters.
``(d) Meetings.--The Advisory Council shall meet not less than
quarterly.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further
amended by inserting at the end of the items relating to subtitle A of
title VIII the following:
``Sec. 803. Advisory Council on First Responders.
SEC. 5. MODIFICATION OF HOMELAND SECURITY ADVISORY SYSTEM.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (Public Law 107-296; 6 U.S.C. 121 et seq.) is amended by
adding at the end the following:
``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
``(a) In General.--The Secretary shall revise the Homeland Security
Advisory System referred to in section 201(d)(7) to require that any
designation of a threat level or other warning shall be accompanied by
a designation the geographic regions and economic sectors to which the
designation applies.
``(b) Reports.--The Secretary shall report annually to the Congress
regarding the geographic region-specific and economic sector-specific
warnings issued in the preceding year under the Homeland Security
Advisory System referred to in section 201(d)(7), and the bases for
such warnings. This report shall be submitted in unclassified form and
may, as necessary, include a classified annex.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting at the end of the items relating to subtitle A of title II
the following:
``Sec. 203. Homeland Security Advisory System.''.
SEC. 6. INFORMATION SHARING WITH STATE AND LOCAL GOVERNMENTS.
(a) In General.--Subtitle I of title VIII of the Homeland Security
Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is further
amended by adding at the end the following:
``SEC. 893. REPORTS ON INFORMATION SHARING WITH STATE AND LOCAL
GOVERNMENTS.
``(a) In General.--The Secretary shall report to the Congress
annually on the following:
``(1) The number and level of security clearances granted
by Federal agencies to State and local government officials.
``(2) The number of State and local government officials
who have sought to be cleared by Federal agencies for such
access.
``(3) The number of instances in which State and local
government officials were granted by Federal agencies
situational access to classified information based only on
signing a Federal non-disclosure form.
``(4) The fastest, slowest, and average times it took to
make security clearance determinations for State and local
government officials.
``(5) Any instance in which access to classified
information was denied to State or local government officials
whose employing governments had sought such access for them and
the reasons therefor.
``(6) All entities that conduct clearance processing for
the Department, including private contractors.''.
(b) First Report.--The Secretary of Homeland Security shall submit
the first report under the amendment made by subsection (a) by not
later than 6 months after the date of the enactment of this Act.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further
amended by inserting at the end of the items relating to subtitle A of
title VIII the following:
``Sec. 893. Reports on information sharing with state and local
governments.''.
SEC. 7. SPECTRUM FOR FIRST RESPONDER COMMUNICATIONS.
(a) In General.--The Under Secretary for Science and Technology of
the Department of Homeland Security shall conduct a study of whether
there is a need to assign additional bands of frequencies of
electromagnetic spectrum to assist and enable State and local first
responders in meeting their needs associated with a catastrophic
regional or national emergency.
(b) Report.--The Under Secretary shall submit a report on the
findings of the study to the Congress by not later than 180 days after
the date of the enactment of this Act.
<all>
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
House Committee on Transportation Granted an extension for further consideration ending not later than June 14, 2004.
House Committee on Judiciary Granted an extension for further consideration ending not later than June 14, 2004.
House Committee on Energy and Commerce Granted an extension for further consideration ending not later than June 14, 2004.
Committee Consideration and Mark-up Session Held.
Subcommittee on Crime, Terrorism, and Homeland Security Discharged.
House Committee on Transportation Granted an extension for further consideration ending not later than June 21, 2004.
House Committee on Judiciary Granted an extension for further consideration ending not later than June 21, 2004.
House Committee on Energy and Commerce Granted an extension for further consideration ending not later than June 21, 2004.
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Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-460, Part II.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-460, Part II.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Transportation. H. Rept. 108-460, Part III.
Reported (Amended) by the Committee on Transportation. H. Rept. 108-460, Part III.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-460, Part IV.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-460, Part IV.
Placed on the Union Calendar, Calendar No. 325.