110th CONGRESS
1st Session
S. 328
To ensure the implementation of the recommendations of the National
Commission on Terrorist Attacks Upon the United States.
IN THE SENATE OF THE UNITED STATES
January 17, 2007
Mr. MENENDEZ (for himself and Mr. LAUTENBERG) introduced the following
bill; which was read twice and referred to the Committee on Foreign Relations
A BILL
To ensure the implementation of the recommendations of the National
Commission on Terrorist Attacks Upon the United States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Ensuring Implementation of
the 9/11 Commission Report Act'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition; 9/11 Commission.
TITLE I--HOMELAND SECURITY, EMERGENCY PREPAREDNESS AND RESPONSE
Subtitle A--Emergency Preparedness and Response
Chapter 1--Emergency Preparedness
Sec. 101. Adequate radio spectrum for First Responders.
Sec. 102. Report on establishing a unified incident command system.
Sec. 103. Report on completing a national critical infrastructure risk
and vulnerabilities assessment.
Sec. 104. Private sector preparedness.
Sec. 105. Relevant congressional committees defined.
Chapter 2--Assistance for First Responders
Sec. 113. Faster and Smarter Funding for First Responders.
Sec. 114. Superseded provision.
Sec. 116. GAO Report on an inventory and status of Homeland Security first
responder training.
Sec. 117. Removal of civil liability barriers that discourage the donation
of fire equipment to volunteer fire companies.
Subtitle B--Transportation Security
Sec. 121. Report on national strategy for transportation security.
Sec. 122. Report on airline passenger prescreening.
Sec. 123. Report on detection of explosives at airline screening checkpoints.
Sec. 124. Report on comprehensive screening program.
Sec. 125. Relevant congressional committees defined.
Subtitle C--Border Security
Sec. 131. Counterterrorist travel intelligence.
Sec. 132. Comprehensive screening system.
Sec. 133. Biometric entry and exit data system.
Sec. 134. International collaboration on border and document security.
Sec. 135. Standardization of secure identification.
Sec. 136. Security enhancements for social security cards.
TITLE II--REFORMING THE INSTITUTIONS OF GOVERNMENT
Subtitle A--Intelligence Community
Sec. 201. Report on Director of National Intelligence.
Sec. 202. Report on National Counterterrorism Center.
Sec. 203. Report on creation of a Federal Bureau of Investigation national
security workforce.
Sec. 204. Report on new missions for the Director of the Central Intelligence
Agency.
Sec. 205. Report on incentives for information sharing.
Sec. 206. Report on Presidential leadership of national security institutions
in the information revolution.
Sec. 207. Homeland airspace defense.
Sec. 208. Semiannual Report on plans and strategies of United States Northern
Command for defense of the United States homeland.
Sec. 209. Relevant congressional committees defined.
Subtitle B--Civil Liberties and Executive Power
Sec. 211. Report on the balance between security and civil liberties.
Sec. 212. Privacy and Civil Liberties Oversight Board.
Sec. 213. Set privacy guidelines for Government sharing of personal information.
Sec. 214. Definition of relevant congressional committees for subtitle.
Subtitle C--Homeland Security Committees
Chapter 1--Homeland Security Oversight Reform in the Senate
subchapter a--intelligence oversight reform
Sec. 221. Intelligence oversight.
subchapter b--committee status
Sec. 231. Committee status.
subchapter c--intelligence-related subcommittees
Sec. 241. Subcommittee related to intelligence oversight.
Sec. 242. Subcommittee related to intelligence appropriations.
Chapter 2--Effective Date
Sec. 261. Effective date.
Subtitle D--Declassification of Overall Intelligence Budget
Sec. 271. Availability to public of certain intelligence funding information.
Subtitle E--Standardize Security Clearances
Sec. 282. Standardization of security clearances.
TITLE III--FOREIGN POLICY, PUBLIC DIPLOMACY, AND NONPROLIFERATION
Subtitle A--Foreign Policy
Sec. 301. Actions to ensure a long-term commitment to Afghanistan.
Sec. 302. Actions to support Pakistan against extremists.
Sec. 303. Actions to support reform in Saudi Arabia.
Sec. 304. Elimination of terrorist sanctuaries.
Sec. 305. Comprehensive coalition strategy against Islamist terrorism.
Sec. 306. Standards for the detention and humane treatment of captured
terrorists.
Sec. 307. Use of economic policies to combat terrorism.
Sec. 308. Actions to ensure vigorous efforts against terrorist financing.
Subtitle B--Public Diplomacy
Sec. 311. Public diplomacy responsibilities of the Department of State
and public diplomacy training of members of the Foreign Service.
Sec. 312. International broadcasting.
Sec. 313. Expansion of United States scholarship, exchange, and library
programs in the Islamic world.
Sec. 314. International Youth Opportunity Fund.
Subtitle C--Nonproliferation
Sec. 323. Establishment of Office of Nonproliferation Programs in the
Executive Office of the President.
Sec. 324. Removal of restrictions on Cooperative Threat Reduction programs.
Sec. 325. Removal of restrictions on Department of Energy nonproliferation
programs.
Sec. 326. Modifications of authority to use Cooperative Threat Reduction
program funds outside the former Soviet Union.
Sec. 327. Modifications of authority to use International Nuclear Materials
Protection and Cooperation program funds outside the former Soviet Union.
Sec. 328. Special reports on adherence to arms control agreements and
nonproliferation commitments.
Sec. 329. Presidential Report on impediments to certain nonproliferation
activities.
Sec. 330. Enhancement of Global Threat Reduction Initiative.
Sec. 331. Expansion of Proliferation Security Initiative.
Sec. 332. Sense of Congress relating to international security standards
for nuclear weapons and materials.
Sec. 333. Authorization of appropriations relating to inventory of Russian
tactical nuclear warheads and data exchanges.
Sec. 334. Report on accounting for and securing of Russia's non-strategic
nuclear weapons.
Sec. 335. Research and development involving alternative use of weapons
of mass destruction expertise.
Sec. 336. Strengthening the Nuclear Nonproliferation Treaty.
SEC. 2. DEFINITION; 9/11 COMMISSION.
In this Act, the term `9/11 Commission' means the National Commission on
Terrorist Attacks Upon the United States.
TITLE I--HOMELAND SECURITY, EMERGENCY PREPAREDNESS AND RESPONSE
Subtitle A--Emergency Preparedness and Response
CHAPTER 1--EMERGENCY PREPAREDNESS
SEC. 101. ADEQUATE RADIO SPECTRUM FOR FIRST RESPONDERS.
(a) Short Title- This chapter may be cited as the `Homeland Emergency Response
Operations Act' or the `HERO Act'.
(b) Prevention of Delay in Reassignment of 24 Megahertz for Public Safety
Purposes- Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C.
309(j)(14)) is amended by adding at the end the following new subparagraph:
`(D) EXTENSIONS NOT PERMITTED FOR CHANNELS (63, 64, 68 AND 69) REASSIGNED
FOR PUBLIC SAFETY SERVICES- Notwithstanding subparagraph (B), the Commission
shall not grant any extension under such subparagraph from the limitation
of subparagraph (A) with respect to the frequencies assigned, pursuant
to section 337(a)(1), for public safety services. The Commission shall
take all actions necessary to complete assignment of the electromagnetic
spectrum between 764 and 776 megahertz, inclusive, and between 794 and
806 megahertz, inclusive, for public safety services and to permit operations
by public safety services on those frequencies commencing not later
than December 31, 2007.'.
SEC. 102. REPORT ON ESTABLISHING A UNIFIED INCIDENT COMMAND SYSTEM.
(a) Report; Certification-
(1) IN GENERAL- Not later than 30 days after the date of enactment of
this Act, and every 30 days thereafter, the Secretary of Homeland Security
shall submit to the relevant congressional committees a report on the
recommendations of the 9/11 Commission and the policy goals of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with
respect to establishing a unified incident command system.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Secretary of Homeland Security that such
recommendations have been implemented and such policy goals have been
achieved; or
(B) if the Secretary of Homeland Security is unable to make the certification
described in subparagraph (A), a description of--
(i) the steps taken to implement such recommendations and achieve
such policy goals;
(ii) when the Secretary of Homeland Security expects such recommendations
to be implemented and such policy goals to be achieved; and
(iii) any allocation of resources or other actions by Congress the
Director considers necessary to implement such recommendations and
achieve such policy goals.
(b) Termination of Duty To Report- The duty to submit a report under subsection
(a) shall terminate when the Secretary of Homeland Security submits a certification
pursuant to subsection (a)(2)(A).
(c) GAO Review of Certification- If the Secretary of Homeland Security submits
a certification pursuant to subsection (a)(2)(A), not later than 30 days
after the submission of such certification, the Comptroller General shall
submit to the relevant congressional committees a report on whether the
recommendations described in subsection (a) have been implemented and whether
the policy goals described in subsection (a) have been achieved.
SEC. 103. REPORT ON COMPLETING A NATIONAL CRITICAL INFRASTRUCTURE RISK
AND VULNERABILITIES ASSESSMENT.
(a) Report; Certification-
(1) IN GENERAL- Not later than 30 days after the date of enactment of
this Act, and every 30 days thereafter, the Secretary of Homeland Security
shall submit to the relevant congressional committees a report on the
recommendations of the 9/11 Commission and the policy goals of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with
respect to completing a national critical infrastructure risk and vulnerabilities
assessment.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Secretary of Homeland Security that such
recommendations have been implemented and such policy goals have been
achieved; or
(B) if the Secretary of Homeland Security is unable to make the certification
described in subparagraph (A), a description of--
(i) the steps taken to implement such recommendations and achieve
such policy goals;
(ii) when the Secretary of Homeland Security expects such recommendations
to be implemented and such policy goals to be achieved; and
(iii) any allocation of resources or other actions by Congress the
Director considers necessary to implement such recommendations and
achieve such policy goals.
(b) Termination of Duty To Report- The duty to submit a report under subsection
(a) shall terminate when the Secretary of Homeland Security submits a certification
pursuant to subsection (a)(2)(A).
(c) GAO Review of Certification- If the Secretary of Homeland Security submits
a certification pursuant to subsection (a)(2)(A), not later than 30 days
after the submission of such certification, the Comptroller General shall
submit to the relevant congressional committees a report on whether the
recommendations described in subsection (a) have been implemented and whether
the policy goals described in subsection (a) have been achieved.
SEC. 104. PRIVATE SECTOR PREPAREDNESS.
Not later than 90 days after the date of enactment of this Act, the Comptroller
General of the United States shall submit to Congress--
(1) a determination of what has been done to enhance private sector preparedness
for terrorist attack; and
(2) recommendations of any additional congressional action or administrative
action that is necessary to enhance such preparedness.
SEC. 105. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.
In this chapter, the term `relevant congressional committees' means the
Committee on Homeland Security, the Committee on Oversight and Government
Reform, and the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and Government
Affairs and the Committee on Environment and Public Works of the Senate.
CHAPTER 2--ASSISTANCE FOR FIRST RESPONDERS
SEC. 111. SHORT TITLE.
This chapter may be cited as the `Faster and Smarter Funding for First Responders
Act of 2005'.
SEC. 112. FINDINGS.
The Congress finds the following:
(1) In order to achieve its objective of preventing, minimizing the damage
from, and assisting in the recovery from terrorist attacks, the Department
of Homeland Security must play a leading role in assisting communities
to reach the level of preparedness they need to prevent and respond to
a terrorist attack.
(2) First responder funding is not reaching the men and women of our Nation's
first response teams quickly enough, and sometimes not at all.
(3) To reform the current bureaucratic process so that homeland security
dollars reach the first responders who need it most, it is necessary to
clarify and consolidate the authority and procedures of the Department
of Homeland Security that support first responders.
(4) Ensuring adequate resources for the new national mission of homeland
security, without degrading the ability to address effectively other types
of major disasters and emergencies, requires a discrete and separate grant
making process for homeland security funds for first response to terrorist
acts, on the one hand, and for first responder programs designed to meet
pre-September 11 priorities, on the other.
(5) While a discrete homeland security grant making process is necessary
to ensure proper focus on the unique aspects of terrorism preparedness,
it is essential that State and local strategies for utilizing such grants
be integrated, to the greatest extent practicable, with existing State
and local emergency management plans.
(6) Homeland security grants to first responders must be based on the
best intelligence concerning the capabilities and intentions of our terrorist
enemies, and that intelligence must be used to target resources to the
Nation's greatest threats, vulnerabilities, and consequences.
(7) The Nation's first response capabilities will be improved by sharing
resources, training, planning, personnel, and equipment among neighboring
jurisdictions through mutual aid agreements and regional cooperation.
Such regional cooperation should be supported, where appropriate, through
direct grants from the Department of Homeland Security.
(8) An essential prerequisite to achieving the Nation's homeland security
objectives for first responders is the establishment of well-defined national
goals for terrorism preparedness. These goals should delineate the essential
capabilities that every jurisdiction in the United States should possess
or to which it should have access.
(9) A national determination of essential capabilities is needed to identify
levels of State and local government terrorism preparedness, to determine
the nature and extent of State and local first responder needs, to identify
the human and financial resources required to fulfill them, to direct
funding to meet those needs, and to measure preparedness levels on a national
scale.
(10) To facilitate progress in achieving, maintaining, and enhancing essential
capabilities for State and local first responders, the Department of Homeland
Security should seek to allocate homeland security funding for first responders
to meet nationwide needs.
(11) Private sector resources and citizen volunteers can perform critical
functions in assisting in preventing and responding to terrorist attacks,
and should be integrated into State and local planning efforts to ensure
that their capabilities and roles are understood, so as to provide enhanced
State and local operational capability and surge capacity.
(12) Public-private partnerships, such as the partnerships between the
Business Executives for National Security and the States of New Jersey
and Georgia, can be useful to identify and coordinate private sector support
for State and local first responders. Such models should be expanded to
cover all States and territories.
(13) An important aspect of terrorism preparedness is measurability, so
that it is possible to determine how prepared a State or local government
is now, and what additional steps it needs to take, in order to prevent,
prepare for, respond to, mitigate against, and recover from acts of terrorism.
(14) The Department of Homeland Security should establish, publish, and
regularly update national voluntary consensus standards for both equipment
and training, in cooperation with both public and private sector standard
setting organizations, to assist State and local governments in obtaining
the equipment and training to attain the essential capabilities for first
response to acts of terrorism, and to ensure that first responder funds
are spent wisely.
SEC. 113. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
(a) In General- The Homeland Security Act of 2002 (Public Law 107-296; 6
U.S.C. 361 et seq.) is amended by adding at the end the following:
`TITLE XX--FUNDING FOR FIRST RESPONDERS
`SEC. 2001. DEFINITIONS.
`(1) BOARD- The term `Board' means the First Responder Grants Board established
under section 2004.
`(2) COVERED GRANT- The term `covered grant' means any grant to which
this title applies under section 2002.
`(3) DIRECTLY ELIGIBLE TRIBE- The term `directly eligible tribe' means
any Indian tribe or consortium of Indian tribes that--
`(A) meets the criteria for inclusion in the qualified applicant pool
for Self-Governance that are set forth in section 402(c) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 458bb(c));
`(B) employs at least 10 full-time personnel in a law enforcement or
emergency response agency with the capacity to respond to calls for
law enforcement or emergency services; and
`(C)(i) is located on, or within 5 miles of, an international border
or waterway;
`(ii) is located within 5 miles of a facility designated as high-risk
critical infrastructure by the Secretary;
`(iii) is located within or contiguous to 1 of the 50 largest metropolitan
statistical areas in the United States; or
`(iv) has more than 1,000 square miles of Indian country, as that term
is defined in section 1151 of title 18, United States Code.
`(4) ELEVATIONS IN THE THREAT ALERT LEVEL- The term `elevations in the
threat alert level' means any designation (including those that are less
than national in scope) that raises the homeland security threat level
to either the highest or second highest threat level under the Homeland
Security Advisory System referred to in section 201(d)(7).
`(5) EMERGENCY PREPAREDNESS- The term `emergency preparedness' has the
meaning given that term in section 602 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5195a).
`(6) ESSENTIAL CAPABILITIES- The term `essential capabilities' means the
levels, availability, and competence of emergency personnel, planning,
training, and equipment across a variety of disciplines needed to effectively
and efficiently prevent, prepare for, respond to, and recover from acts
of terrorism consistent with established practices.
`(7) FIRST RESPONDER- The term `first responder' shall have the same meaning
as the term `emergency response provider'.
`(8) INDIAN TRIBE- The term `Indian tribe' means any Indian tribe, band,
nation, or other organized group or community, including any Alaskan Native
village or regional or village corporation as defined in or established
pursuant to the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as Indians.
`(9) REGION- The term `region' means--
`(A) any geographic area consisting of all or parts of 2 or more contiguous
States, counties, municipalities, or other local governments that have
a combined population of at least 1,650,000 or have an area of not less
than 20,000 square miles, and that, for purposes of an application for
a covered grant, is represented by 1 or more governments or governmental
agencies within such geographic area, and that is established by law
or by agreement of 2 or more such governments or governmental agencies
in a mutual aid agreement; or
`(B) any other combination of contiguous local government units (including
such a combination established by law or agreement of 2 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 title with
the consent of--
`(i) the State or States in which they are located, including a multi-State
entity established by a compact between 2 or more States; and
`(ii) the incorporated municipalities, counties, and parishes that
they encompass.
`(10) TASK FORCE- The term `Task Force' means the Task Force on Terrorism
Preparedness for First Responders established under section 2005.
`(11) TERRORISM PREPAREDNESS- 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. 2002. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
`(a) Covered Grants- This title applies to grants provided by the Department
to States, regions, or directly eligible tribes for the primary purpose
of improving the ability of first responders to prevent, prepare for, respond
to, mitigate against, or recover from threatened or actual terrorist attacks,
especially those involving weapons of mass destruction, administered under
the following:
`(1) STATE HOMELAND SECURITY GRANT PROGRAM- The State Homeland Security
Grant Program of the Department, or any successor to such grant program.
`(2) URBAN AREA SECURITY INITIATIVE- The Urban Area Security Initiative
of the Department, or any successor to such grant program.
`(3) LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM- The Law Enforcement
Terrorism Prevention Program of the Department, or any successor to such
grant program.
`(b) Excluded Programs- This title does not apply to or otherwise affect
the following Federal grant programs or any grant under such a program:
`(1) NONDEPARTMENT PROGRAMS- Any Federal grant program that is not administered
by the Department.
`(2) FIRE GRANT PROGRAMS- The fire grant programs authorized by sections
33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229, 2229a).
`(3) EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE ACCOUNT GRANTS- The
Emergency Management Performance Grant program and the Urban Search and
Rescue Grants program authorized by title VI of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.),
the Departments of Veterans Affairs and Housing and Urban Development,
and Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 et seq.),
and the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.).
`SEC. 2003. COVERED GRANT ELIGIBILITY AND CRITERIA.
`(a) Grant Eligibility- Any State, region, or directly eligible tribe shall
be eligible to apply for a covered grant.
`(b) Grant Criteria- The Secretary shall award covered grants to assist
States and local governments in achieving, maintaining, and enhancing the
essential capabilities for terrorism preparedness established by the Secretary.
`(c) State Homeland Security Plans-
`(1) SUBMISSION OF PLANS- The Secretary shall require that any State applying
to the Secretary for a covered grant shall submit to the Secretary a 3-year
State homeland security plan that--
`(A) describes the essential capabilities that communities within the
State should possess, or to which they should have access, based upon
the terrorism risk factors relevant to such communities, in order to
meet the Department's goals for terrorism preparedness;
`(B) demonstrates the extent to which the State has achieved the essential
capabilities that apply to the State;
`(C) demonstrates the needs of the State necessary to achieve, maintain,
or enhance the essential capabilities that apply to the State;
`(D) includes a prioritization of such needs based on threat, vulnerability,
and consequence assessment factors applicable to the State;
`(E) describes how the State intends to--
`(i) address such needs at the city, county, regional, tribal, State,
and interstate level, including a precise description of any regional
structure the State has established for the purpose of organizing
homeland security preparedness activities funded by covered grants;
`(ii) use all Federal, State, and local resources available for the
purpose of addressing such needs; and
`(iii) give particular emphasis to regional planning and cooperation,
including the activities of multijurisdictional planning agencies
governed by local officials, both within its jurisdictional borders
and with neighboring States;
`(F) with respect to the emergency preparedness of first responders,
addresses the unique aspects of terrorism as part of a comprehensive
State emergency management plan; and
`(G) 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.
`(2) CONSULTATION- The State plan submitted under paragraph (1) for a
State shall be developed in consultation with and subject to appropriate
comment by local governments and first responders within that State.
`(3) APPROVAL BY SECRETARY- The Secretary may not award any covered grant
to a State unless the Secretary has approved the applicable State homeland
security plan.
`(4) REVISIONS- A State may revise the homeland security plan for that
State approved by the Secretary under this subsection, subject to approval
of the revision by the Secretary.
`(d) Consistency With State Plans- The Secretary shall ensure that each
covered grant is used to supplement and support, in a consistent and coordinated
manner, the applicable State homeland security plan or plans.
`(e) Application for Grant-
`(1) IN GENERAL- Except as otherwise provided in this subsection, any
State, region, or directly eligible tribe may apply for a covered grant
by submitting to the Secretary an application at such time, in such manner,
and containing such information as is required under this subsection,
or as the Secretary may reasonably require.
`(2) DEADLINES FOR APPLICATIONS AND AWARDS- All applications for covered
grants shall be submitted at such time as the Secretary may reasonably
require for the fiscal year for which they are submitted. The Secretary
shall award covered grants pursuant to all approved applications for such
fiscal year as soon as practicable, but not later than March 1 of such
year.
`(3) AVAILABILITY OF FUNDS- All funds awarded by the Secretary under covered
grants in a fiscal year shall be available for obligation through the
end of the subsequent fiscal year.
`(4) MINIMUM CONTENTS OF APPLICATION- The Secretary shall require that
each applicant include in its application, at a minimum--
`(A) the purpose for which the applicant seeks covered grant funds and
the reasons why the applicant needs the covered grant to meet the essential
capabilities for terrorism preparedness within the State, region, or
directly eligible tribe to which the application pertains;
`(B) a description of how, by reference to the applicable State homeland
security plan or plans under subsection (c), the allocation of grant
funding proposed in the application, including, where applicable, the
amount not passed through under section 2006(g)(1), would assist in
fulfilling the essential capabilities for terrorism preparedness specified
in such plan or plans;
`(C) a statement of whether a mutual aid agreement applies to the use
of all or any portion of the covered grant funds;
`(D) if the applicant is a State, a description of how the State plans
to allocate the covered grant funds to regions, local governments, and
Indian tribes;
`(E) if the applicant is a region--
`(i) a precise geographical description of the region and a specification
of all participating and nonparticipating local governments within
the geographical area comprising that region;
`(ii) a specification of what governmental entity within the region
will administer the expenditure of funds under the covered grant;
and
`(iii) a designation of a specific individual to serve as regional
liaison;
`(F) a capital budget showing how the applicant intends to allocate
and expend the covered grant funds;
`(G) if the applicant is a directly eligible tribe, a designation of
a specific individual to serve as the tribal liaison; and
`(H) a statement of how the applicant intends to meet the matching requirement,
if any, that applies under section 2006(g)(2).
`(5) REGIONAL APPLICATIONS-
`(A) RELATIONSHIP TO STATE APPLICATIONS- A regional application shall--
`(i) be coordinated with an application submitted by the State or
States of which such region is a part;
`(ii) supplement and avoid duplication with such State application;
and
`(iii) address the unique regional aspects of such region's terrorism
preparedness needs beyond those provided for in the application of
such State or States.
`(B) STATE REVIEW AND SUBMISSION- To ensure the consistency required
under subsection (d) and the coordination required under subparagraph
(A) of this paragraph, an applicant that is a region shall submit its
application to each State of which any part is included in the region
for review and concurrence prior to the submission of such application
to the Secretary. The regional application shall be transmitted to the
Secretary through each such State not later than 30 days after the date
of its receipt, unless the Governor of such a State notifies the Secretary,
in writing, that such regional application is inconsistent with the
State's homeland security plan and provides an explanation of the reasons
therefor.
`(C) DISTRIBUTION OF REGIONAL AWARDS-
`(i) IN GENERAL- If the Secretary approves a regional application,
the Secretary shall distribute a regional award to the State or States
submitting the applicable regional application under subparagraph
(B), and each such State shall, not later than the end of the 45-day
period beginning on the day after the date of receiving a regional
award, pass through to the region all covered grant funds or resources
purchased with such funds, except those funds necessary for the State
to carry out its responsibilities with respect to such regional application.
`(ii) MINIMUM- In no such case shall the State or States submitting
the applicable regional application under subparagraph (B) pass through
to the region less than 80 percent of the regional award.
`(D) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS TO REGIONS-
Any State that receives a regional award under subparagraph (C) shall
certify to the Secretary, by not later than 30 days after the expiration
of the period described in subparagraph (C)(i) with respect to the grant,
that the State has made available to the region the required funds and
resources in accordance with subparagraph (C).
`(E) DIRECT PAYMENTS TO REGIONS- If any State fails to pass through
a regional award to a region as required by subparagraph (C) within
45 days after receiving such award and does not request or receive an
extension of such period under section 2006(h)(2), the region may petition
the Secretary to receive directly the portion of the regional award
that is required to be passed through to such region under subparagraph
(C).
`(F) REGIONAL LIAISONS- A regional liaison designated under paragraph
(4)(E)(iii) shall--
`(i) coordinate with officials from Federal, State, local, and regional
governments and private entities within the region concerning terrorism
preparedness;
`(ii) develop a process for receiving input from officials from Federal,
State, local, and regional governments and private entities within
the region to assist in the development of the regional application
and to improve the region's access to covered grants; and
`(iii) administer, in consultation with officials from State, local,
and regional governments and private entities within the region, covered
grants awarded to the region.
`(6) TRIBAL APPLICATIONS-
`(A) SUBMISSION TO THE STATE OR STATES- To ensure the consistency required
under subsection (d), an applicant that is a directly eligible tribe
shall submit its application to each State within the boundaries of
which any part of such tribe is located for direct submission to the
Department along with the application of such State or States.
`(B) OPPORTUNITY FOR STATE COMMENT- Before awarding any covered grant
to a directly eligible tribe, the Secretary shall provide an opportunity
to each State within the boundaries of which any part of such tribe
is located to comment to the Secretary on the consistency of the tribe's
application with the State's homeland security plan. Any such comments
shall be submitted to the Secretary concurrently with the submission
of the State and tribal applications.
`(C) FINAL AUTHORITY- The Secretary shall have final authority to determine
the consistency of any application of a directly eligible tribe with
the applicable State homeland security plan or plans, and to approve
any application of such tribe. The Secretary shall notify each State
within the boundaries of which any part of such tribe is located of
the approval of an application by such tribe.
`(D) TRIBAL LIAISON- A tribal liaison designated under paragraph (4)(G)
shall--
`(i) coordinate with officials from Federal, State, local, and regional
governments and private entities concerning terrorism preparedness;
`(ii) develop a process for receiving input from officials from Federal,
State, local, and regional governments and private entities 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, and regional
governments and private officials, covered grants awarded to such
tribe.
`(E) LIMITATION ON THE NUMBER OF DIRECT GRANTS- The Secretary may make
covered grants directly to not more than 20 directly eligible tribes
per fiscal year.
`(F) TRIBES NOT RECEIVING DIRECT GRANTS- An Indian tribe that does not
receive a grant directly under this section is eligible to receive funds
under a covered grant from the State or States within the boundaries
of which any part of such tribe is located, consistent with the homeland
security plan of the State as described in subsection (c). If a State
fails to comply with section 2006(g)(1), the tribe may request payment
under section 2006(h)(3) in the same manner as a local government.
`(7) EQUIPMENT STANDARDS- If an applicant for a covered grant proposes
to upgrade or purchase, with assistance provided under the grant, new
equipment or systems that do not meet or exceed any applicable national
voluntary consensus standards established by the Secretary, 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. 2004. RISK-BASED EVALUATION AND PRIORITIZATION.
`(a) First Responder Grants Board-
`(1) ESTABLISHMENT OF BOARD- The Secretary shall establish a First Responder
Grants Board, consisting of--
`(B) the Under Secretary for Emergency Preparedness and Response;
`(C) the Under Secretary for Border and Transportation Security;
`(D) the Under Secretary for Information Analysis and Infrastructure
Protection;
`(E) the Under Secretary for Science and Technology;
`(F) the Director of the Office for Domestic Preparedness;
`(G) the Administrator of the United States Fire Administration; and
`(H) the Administrator of the Animal and Plant Health Inspection Service.
`(A) IN GENERAL- The Secretary shall be the Chairman of the Board.
`(B) EXERCISE OF AUTHORITIES BY DEPUTY SECRETARY- The Deputy Secretary
of Homeland Security may exercise the authorities of the Chairman, if
the Secretary so directs.
`(b) Functions of Under Secretaries- The under secretaries referred to in
subsection (a)(1) shall seek to ensure that the relevant expertise and input
of the staff of their directorates are available to and considered by the
Board.
`(c) Prioritization of Grant Applications-
`(1) FACTORS TO BE CONSIDERED- The Board shall evaluate and annually prioritize
all pending applications for covered grants based upon the degree to which
they would, by achieving, maintaining, or enhancing the essential capabilities
of the applicants on a nationwide basis, lessen the threat to, vulnerability
of, and consequences for persons (including transient commuting and tourist
populations) and critical infrastructure. Such evaluation and prioritization
shall be based upon the most current risk assessment available by the
Directorate for Information Analysis and Infrastructure Protection of
the threats of terrorism against the United States. The Board shall coordinate
with State, local, regional, and tribal government officials in establishing
criteria for evaluating and prioritizing applications for covered grants.
`(2) CRITICAL INFRASTRUCTURE SECTORS-
`(A) IN GENERAL- The Board specifically shall consider threats of terrorism
against the following critical infrastructure sectors in all areas of
the United States, urban and rural:
`(i) Agriculture and food.
`(ii) Banking and finance.
`(iii) Chemical industries.
`(iv) The defense industrial base.
`(vii) Government facilities.
`(viii) Postal and shipping.
`(ix) Public health and health care.
`(x) Information technology.
`(xi) Telecommunications.
`(xii) Transportation systems.
`(xv) Commercial facilities.
`(xvi) National monuments and icons.
`(B) CONSTRUCTION- The order in which the critical infrastructure sectors
are listed in subparagraph (A) shall not be construed as an order of
priority for consideration of the importance of such sectors.
`(A) IN GENERAL- The Board specifically shall consider the following
types of threat to the critical infrastructure sectors described in
paragraph (2), and to populations in all areas of the United States,
urban and rural:
`(iii) Radiological threats.
`(iv) Incendiary threats.
`(ix) Any other threats based on proximity to specific past acts of
terrorism or the known activity of any terrorist group.
`(B) CONSTRUCTION- The order in which the types of threat are listed
in subparagraph (A) shall not be construed as an order of priority for
consideration of the importance of such threats.
`(4) CONSIDERATION OF ADDITIONAL FACTORS- The Board shall take into account
any other specific threat to a population (including a transient commuting
or tourist population) or critical infrastructure sector that the Board
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.
`(5) MINIMUM AMOUNTS- After evaluating and prioritizing grant applications
under paragraph (1), the Board shall ensure that, for each fiscal year--
`(A) each of the States, other than the Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands, that has an approved State homeland
security plan receives not less than 0.25 percent of the funds available
for covered grants for that fiscal year for purposes of implementing
its homeland security plan in accordance with the prioritization of
needs under section 2003(c)(1)(D);
`(B) each of the States, other than the Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands, that has an approved State homeland
security plan and that meets 1 or both of the additional high-risk qualifying
criteria under paragraph (6) receives not less than 0.45 percent of
the funds available for covered grants for that fiscal year for purposes
of implementing its homeland security plan in accordance with the prioritization
of needs under section 2003(c)(1)(D);
`(C) the Virgin Islands, American Samoa, Guam, and the Northern Mariana
Islands each receives not less than 0.08 percent of the funds available
for covered grants for that fiscal year for purposes of implementing
its approved State homeland security plan in accordance with the prioritization
of needs under section 2003(c)(1)(D); and
`(D) directly eligible tribes collectively receive not less than 0.08
percent of the funds available for covered grants for such fiscal year
for purposes of addressing the needs identified in the applications
of such tribes, consistent with the homeland security plan of each State
within the boundaries of which any part of any such tribe is located,
except that this subparagraph 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 2003(e)(6)(A) or
does not approve at least 1 such application.
`(6) ADDITIONAL HIGH-RISK QUALIFYING CRITERIA- For purposes of paragraph
(5)(B), additional high-risk qualifying criteria consist of--
`(A) having a significant international land border; or
`(B) adjoining a body of water within North America through which an
international boundary line extends.
`(d) Effect of Regional Awards on State Minimum- Any regional award, or
portion thereof, provided to a State under section 2003(e)(5)(C) shall not
be considered in calculating the minimum State award under subsection (c)(5)
of this section.
`SEC. 2005. TASK FORCE ON TERRORISM PREPAREDNESS FOR FIRST RESPONDERS.
`(a) Establishment- To assist the Secretary in updating, revising, or replacing
essential capabilities for terrorism preparedness, the Secretary shall establish
an advisory body pursuant to section 871(a) not later than 60 days after
the date of enactment of this section, which shall be known as the Task
Force on Terrorism Preparedness for First Responders.
`(b) Update, Revise, or Replace- The Secretary shall regularly update, revise,
or replace the essential capabilities for terrorism preparedness as necessary,
but not less than every 3 years.
`(1) IN GENERAL- The Task Force shall submit to the Secretary, by not
later than 12 months after its establishment by the Secretary under subsection
(a), and not later than every 2 years thereafter, a report on its recommendations
for essential capabilities for terrorism preparedness.
`(2) CONTENTS- Each report under paragraph (1) shall--
`(A) include a priority ranking of essential capabilities in order to
provide guidance to the Secretary and to Congress on determining the
appropriate allocation of, and funding levels for, first responder needs;
`(B) set forth a methodology by which any State or local government
will be able to determine the extent to which it possesses or has access
to the essential capabilities that States and local governments having
similar risks should obtain;
`(C) describe the availability of national voluntary consensus standards,
and whether there is a need for new national voluntary consensus standards,
with respect to first responder training and equipment;
`(D) include such additional matters as the Secretary may specify in
order to further the terrorism preparedness capabilities of first responders;
and
`(E) include such revisions to the contents of previous reports as are
necessary to take into account changes in the most current risk assessment
available by the Directorate for Information Analysis and Infrastructure
Protection or other relevant information as determined by the Secretary.
`(3) CONSISTENCY WITH FEDERAL WORKING GROUP- The Task Force shall ensure
that its recommendations for essential capabilities for terrorism preparedness
are, to the extent feasible, consistent with any preparedness goals or
recommendations of the Federal working group established under section
319F(a) of the Public Health Service Act (42 U.S.C. 247d-6(a)).
`(4) COMPREHENSIVENESS- The Task Force shall ensure that its recommendations
regarding essential capabilities for terrorism preparedness are made within
the context of a comprehensive State emergency management system.
`(5) PRIOR MEASURES- The Task Force shall ensure that its recommendations
regarding essential capabilities for terrorism preparedness take into
account any capabilities that State or local officials have determined
to be essential and have undertaken since September 11, 2001, to prevent,
prepare for, respond to, or recover from terrorist attacks.
`(1) IN GENERAL- The Task Force shall consist of 25 members appointed
by the Secretary, and shall, to the extent practicable, represent a geographic
(including urban and rural) and substantive cross section of governmental
and nongovernmental first responder disciplines from the State and local
levels, including as appropriate--
`(A) members selected from the emergency response field, including fire
service, law enforcement, hazardous materials response, emergency medical
services, and emergency management personnel (including public works
personnel routinely engaged in emergency response);
`(B) health scientists, emergency and inpatient medical providers, and
public health professionals (including experts in emergency health care
response to chemical, biological, radiological, and nuclear terrorism
and experts in providing mental health care during emergency response
operations);
`(C) experts from Federal, State, and local governments, and the private
sector, representing standards-setting organizations (including representation
from the voluntary consensus codes and standards development community,
particularly those with expertise in first responder disciplines); and
`(D) State and local government officials with expertise in terrorism
preparedness, subject to the condition that if any such official is
an elected official representing 1 of the 2 major political parties,
an equal number of elected officials shall be selected from each such
party.
`(2) COORDINATION WITH THE DEPARTMENT OF HEALTH AND HEALTH SERVICES- In
the selection of members of the Task Force who are health professionals,
including emergency medical professionals, the Secretary shall coordinate
such selection with the Secretary of Health and Human Services.
`(3) EX OFFICIO MEMBERS- The Secretary and the Secretary of Health and
Human Services shall each designate 1 or more officers of their respective
Departments to serve as ex officio members of the Task Force. One of the
ex officio members from the Department of Homeland Security shall be the
designated officer of the Federal Government for purposes of subsection
(e) of section 10 of the Federal Advisory Committee Act (5 App. U.S.C.).
`(e) Applicability of Federal Advisory Committee Act- Notwithstanding section
871(a), the Federal Advisory Committee Act (5 App. U.S.C.), including subsections
(a), (b), and (d) of section 10 of such Act, and section 552b(c) of title
5, United States Code, shall apply to the Task Force.
`SEC. 2006. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.
`(a) In General- A covered grant may be used for--
`(1) purchasing or upgrading equipment, including computer software, to
enhance terrorism preparedness;
`(2) exercises to strengthen terrorism preparedness;
`(3) training for prevention (including detection) of, preparedness for,
response to, or recovery from attacks involving weapons of mass destruction,
including training in the use of equipment and computer software;
`(4) developing or updating State homeland security plans, risk assessments,
mutual aid agreements, and emergency management plans to enhance terrorism
preparedness;
`(5) establishing or enhancing mechanisms for sharing terrorism threat
information;
`(6) systems architecture and engineering, program planning and management,
strategy formulation and strategic planning, life-cycle systems design,
product and technology evaluation, and prototype development for terrorism
preparedness purposes;
`(7) additional personnel costs resulting from--
`(A) elevations in the threat alert level of the Homeland Security Advisory
System by the Secretary, or a similar elevation in threat alert level
issued by a State, region, or local government with the approval of
the Secretary;
`(B) travel to and participation in exercises and training in the use
of equipment and on prevention activities; and
`(C) the temporary replacement of personnel during any period of travel
to and participation in exercises and training in the use of equipment
and on prevention activities;
`(8) the costs of equipment (including software) required to receive,
transmit, handle, and store classified information;
`(9) protecting critical infrastructure against potential attack by the
addition of barriers, fences, gates, and other such devices, except that
the cost of such measures may not exceed the greater of--
`(A) $1,000,000 per project; or
`(B) such greater amount as may be approved by the Secretary, which
may not exceed 10 percent of the total amount of the covered grant;
`(10) the costs of commercially available interoperable communications
equipment (which, where applicable, is based on national, voluntary consensus
standards) that the Secretary, in consultation with the Chairman of the
Federal Communications Commission, determines is best suited to facilitate
interoperability, coordination, and integration between and among emergency
communications systems, and that complies with prevailing grant guidance
of the Department for interoperable communications;
`(11) educational curricula development for first responders to ensure
that they are prepared for terrorist attacks;
`(12) training and exercises to assist public elementary and secondary
schools in developing and implementing programs to instruct students regarding
age-appropriate skills to prevent, prepare for, respond to, mitigate against,
or recover from an act of terrorism;
`(13) paying of administrative expenses directly related to administration
of the grant, except that such expenses may not exceed 3 percent of the
amount of the grant;
`(14) paying for the conduct of any activity permitted under the Law Enforcement
Terrorism Prevention Program, or any such successor to such program; and
`(15) other appropriate activities as determined by the Secretary.
`(b) Prohibited Uses- Funds provided as a covered grant may not be used--
`(1) to supplant State or local funds;
`(2) to construct buildings or other physical facilities;
`(4) for any State or local government cost sharing contribution.
`(c) Multiple-Purpose Funds- Nothing in this section shall be construed
to preclude State and local governments from using covered grant funds in
a manner that also enhances first responder preparedness for emergencies
and disasters unrelated to acts of terrorism, if such use assists such governments
in achieving essential capabilities for terrorism preparedness established
by the Secretary.
`(d) Reimbursement of Costs-
`(1) IN GENERAL- In addition to the activities described in subsection
(a), a covered grant may be used to provide a reasonable stipend to paid-on-call
or volunteer first responders who are not otherwise compensated for travel
to or participation in training covered by this section. Any such reimbursement
shall not be considered compensation for purposes of rendering such a
first responder an employee under the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.).
`(2) STATE OR LOCAL GOVERNMENT- 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 and usually
performed by a Federal agency, and that is being performed by a State
or local government under agreement with a Federal agency.
`(e) Assistance Requirement- The Secretary may not require that equipment
paid for, wholly or in part, with funds provided as a covered grant be made
available for responding to emergencies in surrounding States, regions,
and localities, unless the Secretary undertakes to pay the costs directly
attributable to transporting and operating such equipment during such response.
`(f) Flexibility in Unspent Homeland Security Grant Funds- Upon request
by the recipient of a covered grant, the Secretary may authorize the grantee
to transfer all or part of funds provided as the covered grant from uses
specified in the grant agreement to other uses authorized under this section,
if the Secretary determines that such transfer is in the interests of homeland
security.
`(g) State, Regional, and Tribal Responsibilities-
`(1) PASS-THROUGH- The Secretary shall require a recipient of a covered
grant that is a State to obligate or otherwise make available to local
governments, first responders, and other local groups, to the extent required
under the State homeland security plan or plans specified in the application
for the grant, not less than 80 percent of the grant funds, resources
purchased with the grant funds having a value equal to at least 80 percent
of the amount of the grant, or a combination thereof, by not later than
the end of the 45-day period beginning on the date the grant recipient
receives the grant funds.
`(A) IN GENERAL- The Federal share of the costs of an activity carried
out with a covered grant to a State, region, or directly eligible tribe
awarded after the 2-year period beginning on the date of enactment of
this section shall not exceed 75 percent.
`(B) INTERIM RULE- The Federal share of the costs of an activity carried
out with a covered grant awarded before the end of the 2-year period
beginning on the date of enactment of this section shall be 100 percent.
`(C) IN-KIND MATCHING- Each recipient of a covered grant may meet the
matching requirement under subparagraph (A) by making in-kind contributions
of goods or services that are directly linked with the purpose for which
the grant is made, including 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-
Not later than 30 days after the expiration of the period described in
paragraph (1) with respect to a grant, any State that receives a covered
grant shall certify to the Secretary that the State has made available
for expenditure by local governments, first responders, and other local
groups the required amount of grant funds under paragraph (1).
`(4) QUARTERLY REPORT ON HOMELAND SECURITY SPENDING-
`(A) IN GENERAL- The Federal share described in paragraph (2)(A) may
be increased by not more than 2 percent for any State, region, or directly
eligible tribe that, not later than 30 days after the end of each fiscal
quarter, submits to the Secretary a report on that fiscal quarter.
`(B) CONTENTS- Each report under subparagraph (A) shall include, for
each recipient of a covered grant or a pass-through under paragraph
(1)--
`(i) the amount obligated to that recipient in that quarter;
`(ii) the amount expended by that recipient in that quarter; and
`(iii) a summary description of the items purchased by such recipient
with such amount.
`(5) ANNUAL REPORT ON HOMELAND SECURITY SPENDING-
`(A) IN GENERAL- Not later than 60 days after the end of each Federal
fiscal year, each recipient of a covered grant shall submit an annual
report to the Secretary. Each recipient of a covered grant that is a
region shall simultaneously submit its report to each State of which
any part is included in the region. Each recipient of a covered grant
that is a directly eligible tribe shall simultaneously submit its report
to each State within the boundaries of which any part of such tribe
is located.
`(B) CONTENTS- Each report submitted under subparagraph (A) shall:
`(i) The amount, ultimate recipients, and dates of receipt of all
funds received under the grant during the previous 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 previous
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 homeland security 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 homeland security plan or plans remain unmet.
`(6) INCLUSION OF RESTRICTED ANNEXES- A recipient of a covered grant may
submit to the Secretary an annex to the annual report under paragraph
(5) that is subject to appropriate handling restrictions, if the recipient
believes that discussion in the report of unmet needs would reveal sensitive
but unclassified information.
`(7) PROVISION OF REPORTS- The Secretary shall ensure that each annual
report under paragraph (5) is provided to the Under Secretary for Emergency
Preparedness and Response and the Director of the Office for Domestic
Preparedness.
`(h) Incentives to Efficient Administration of Homeland Security Grants-
`(1) PENALTIES FOR DELAY IN PASSING THROUGH LOCAL SHARE- If a recipient
of a covered grant that is a State fails to pass through to local governments,
first responders, and other local groups funds or resources required by
subsection (g)(1) within 45 days after receiving funds under the grant,
the Secretary may--
`(A) reduce grant payments to the grant recipient from the portion of
grant funds that is not required to be passed through under subsection
(g)(1);
`(B) terminate payment of funds under the grant to the recipient, and
transfer the appropriate portion of those funds directly to local first
responders that were intended to receive funding under that grant; or
`(C) impose additional restrictions or burdens on the recipient's use
of funds under the grant, which may include--
`(i) prohibiting use of such funds to pay the grant recipient's grant-related
overtime or other expenses;
`(ii) requiring the grant recipient to distribute to local government
beneficiaries all or a portion of grant funds that are not required
to be passed through under subsection (g)(1); or
`(iii) for each day that the grant recipient fails to pass through
funds or resources in accordance with subsection (g)(1), reducing
grant payments to the grant recipient from the portion of grant funds
that is not required to be passed through under subsection (g)(1),
except that the total amount of such reduction may not exceed 20 percent
of the total amount of the grant.
`(2) EXTENSION OF PERIOD- The Governor of a State may request in writing
that the Secretary extend the 45-day period under section 2003(e)(5)(E)
or paragraph (1) for an additional 15-day period. The Secretary may approve
such a request, and may extend such period for additional 15-day periods,
if the Secretary determines that the resulting delay in providing grant
funding to the local government entities that will receive funding under
the grant will not have a significant detrimental impact on such entities'
terrorism preparedness efforts.
`(3) PROVISION OF NON-LOCAL SHARE TO LOCAL GOVERNMENT-
`(A) IN GENERAL- The Secretary may, upon request by a local government,
pay to the local government a portion of the amount of a covered grant
awarded to a State in which the local government is located, if--
`(i) the local government will use the amount paid to expedite planned
enhancements to its terrorism preparedness as described in any applicable
State homeland security plan;
`(ii) the State has failed to pass through funds or resources in accordance
with subsection (g)(1); and
`(iii) the local government complies with subparagraphs (B) and (C).
`(B) SHOWING REQUIRED- To receive a payment under this paragraph, a
local government shall demonstrate that it--
`(i) is identified explicitly as an ultimate recipient or intended
beneficiary in the approved grant application;
`(ii) 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) petitioned the grantee for the funds or resources after expiration
of the period within which the funds or resources were required to
be passed through under subsection (g)(1); and
`(iv) did not receive the portion of the overall grant that was earmarked
or designated for its use or benefit.
`(C) EFFECT OF PAYMENT- Payment of grant funds to a local government
under this paragraph shall not--
`(i) affect any payment to another local government under this paragraph;
and
`(ii) prejudice consideration of a request for payment under this
paragraph that is submitted by another local government.
`(D) DEADLINE FOR ACTION BY SECRETARY- The Secretary shall approve or
disapprove each request for payment under this paragraph by not later
than 15 days after the date the request is received by the Department.
`(i) Reports to Congress- The Secretary shall submit an annual report to
Congress by January 31 of each year covering the preceding fiscal year--
`(1) describing in detail the amount of Federal funds provided as covered
grants that were directed to each State, region, and directly eligible
tribe in the preceding fiscal year;
`(2) containing information on the use of such grant funds by grantees;
and
`(A) the Nation's progress in achieving, maintaining, and enhancing
the essential capabilities established by the Secretary as a result
of the expenditure of covered grant funds during the preceding fiscal
year; and
`(B) an estimate of the amount of expenditures required to attain across
the United States the essential capabilities established by the Secretary.
`SEC. 2007. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND TRAINING.
`(a) Equipment Standards-
`(A) DEVELOPMENT AND PROMULGATION- The Secretary, in consultation with
the Under Secretaries for Emergency Preparedness and Response and Science
and Technology and the Director of the Office for Domestic Preparedness,
shall, not later than 6 months after the date of enactment of this section,
support the development of, promulgate, and update as necessary national
voluntary consensus standards for the performance, use, and validation
of first responder equipment for purposes of section 2005(e)(7).
`(2) CONTENTS- The standards described in paragraph (1) shall--
`(A) be, to the maximum extent practicable, consistent with any voluntary
consensus standards in existence on the date of enactment of this section;
`(B) take into account, as appropriate, new types of terrorism threats
that may not have been contemplated when such existing standards were
developed;
`(C) be focused on maximizing interoperability, interchangeability,
durability, flexibility, efficiency, efficacy, portability, sustainability,
and safety; and
`(D) cover all appropriate uses of the equipment.
`(3) REQUIRED CATEGORIES- In carrying out paragraph (1), the Secretary
shall specifically consider the following categories of first responder
equipment:
`(A) Thermal imaging equipment.
`(B) Radiation detection and analysis equipment.
`(C) Biological detection and analysis equipment.
`(D) Chemical detection and analysis equipment.
`(E) Decontamination and sterilization equipment.
`(F) Personal protective equipment, including garments, boots, gloves,
and hoods and other protective clothing.
`(G) Respiratory protection equipment.
`(H) Interoperable communications, including wireless and wireline voice,
video, and data networks.
`(I) Explosive mitigation devices and explosive detection and analysis
equipment.
`(J) Containment vessels.
`(K) Contaminant-resistant vehicles.
`(L) Such other equipment for which the Secretary determines that national
voluntary consensus standards would be appropriate.
`(1) IN GENERAL- The Secretary, in consultation with the Under Secretaries
for Emergency Preparedness and Response and Science and Technology and
the Director of the Office for Domestic Preparedness, shall support the
development of, promulgate, and regularly update as necessary national
voluntary consensus standards for first responder training carried out
with amounts provided under covered grant programs, that will enable State
and local government first responders to achieve optimal levels of terrorism
preparedness as quickly as practicable.
`(2) PRIORITY- The standards described in paragraph (1) shall give priority
to providing training to--
`(A) enable first responders to prevent, prepare for, respond to, mitigate
against, and recover from terrorist threats, including threats from
chemical, biological, nuclear, and radiological weapons and explosive
devices capable of inflicting significant human casualties; and
`(B) familiarize first responders with the proper use of equipment,
including software, developed pursuant to the standards established
under subsection (a).
`(3) REQUIRED CATEGORIES- In carrying out paragraph (1), the Secretary
specifically shall include the following categories of first responder
activities:
`(C) Intelligence collection, analysis, and sharing.
`(D) Emergency notification of affected populations.
`(E) Detection of biological, nuclear, radiological, and chemical weapons
of mass destruction.
`(F) Such other activities for which the Secretary determines that national
voluntary consensus training standards would be appropriate.
`(4) CONSISTENCY- In carrying out this subsection, the Secretary shall
ensure that the standards described in paragraph (1) are consistent with
the principles of emergency preparedness for all hazards.
`(c) Consultation With Standards Organizations- In establishing national
voluntary consensus standards for first responder equipment and training
under this section, the Secretary shall consult with relevant public and
private sector groups, including--
`(1) the National Institute of Standards and Technology;
`(2) the National Fire Protection Association;
`(3) the National Association of County and City Health Officials;
`(4) the Association of State and Territorial Health Officials;
`(5) the American National Standards Institute;
`(6) the National Institute of Justice;
`(7) the Inter-Agency Board for Equipment Standardization and Interoperability;
`(8) the National Public Health Performance Standards Program;
`(9) the National Institute for Occupational Safety and Health;
`(10) ASTM International;
`(11) the International Safety Equipment Association;
`(12) the Emergency Management Accreditation Program; and
`(13) to the extent the Secretary considers appropriate, other national
voluntary consensus standards development organizations, other interested
Federal, State, and local government agencies, and other interested persons.
`(d) Coordination With Secretary of HHS- In establishing any national voluntary
consensus standards under this section for first responder equipment or
training that involve or relate to health professionals, including emergency
medical professionals, the Secretary shall coordinate activities under this
section with the Secretary of Health and Human Services.'.
(b) Definition of Emergency Response Providers- Paragraph (6) of section
2 of the Homeland Security Act of 2002 (6 U.S.C. 101(6)) is amended by striking
`includes' and all that follows and inserting `includes Federal, State,
and local governmental and nongovernmental emergency public safety, law
enforcement, fire, emergency response, emergency medical (including hospital
emergency facilities), and related personnel, organizations, agencies, and
authorities.'.
(c) Technical and Conforming Amendments-
(1) IN GENERAL- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended--
(A) by redesignating title XVIII, as added by the SAFE Port Act (Public
Law 109-347; 120 Stat. 1884), as title XIX;
(B) by redesignating sections 1801 through 1806, as added by the SAFE
Port Act (Public Law 109-347; 120 Stat. 1884), as sections 1901 through
1906, respectively;
(C) in section 1904(a), as so redesignated, by striking `section 1802'
and inserting `section 1902'; and
(D) in section 1906, as so redesignated, by striking `section 1802(a)'
each place that term appears and inserting `section 1902(a)'.
(2) TABLE OF CONTENTS- The table of contents in section 1(b) of the Homeland
Security Act of 2002 (6 U.S.C. 101 note) is amended by striking the items
relating to title XVIII and sections 1801 through 1806, as added by the
SAFE Port Act (Public Law 109-347; 120 Stat. 1884), and inserting the
following:
`TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
`Sec. 1901. Domestic Nuclear Detection Office.
`Sec. 1902. Mission of Office.
`Sec. 1903. Hiring authority.
`Sec. 1904. Testing authority.
`Sec. 1905. Relationship to other Department entities and Federal agencies.
`Sec. 1906. Contracting and grant making authorities.
`TITLE XX--FUNDING FOR FIRST RESPONDERS
`Sec. 2002. Faster and Smarter Funding for First Responders.
`Sec. 2003. Covered grant eligibility and criteria.
`Sec. 2004. Risk-based evaluation and prioritization.
`Sec. 2005. Task Force on Terrorism Preparedness for First Responders.
`Sec. 2006. Use of funds and accountability requirements.
`Sec. 2007. National standards for first responder equipment and training.'.
SEC. 114. SUPERSEDED PROVISION.
This chapter supersedes section 1014(c)(3) of Public Law 107-56.
SEC. 115. OVERSIGHT.
The Secretary of Homeland Security shall establish within 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. 116. GAO REPORT ON AN INVENTORY AND STATUS OF HOMELAND SECURITY FIRST
RESPONDER TRAINING.
(a) In General- The Comptroller General of the United States shall submit
to Congress, in accordance with this section, reports--
(1) on the overall inventory and status of first responder training programs
of the Department of Homeland Security and other departments and agencies
of the Federal Government; and
(2) the extent to which such programs are coordinated.
(b) Contents of Reports- The reports under this section shall include--
(1) an assessment of the effectiveness of the structure and organization
of first responder training programs of the Department of Homeland Security
and other departments and agencies of the Federal Government training
programs;
(A) improve the coordination, structure, and organization of such training
programs; and
(B) increase the availability of training to first responders who are
not able to attend centralized training programs;
(3) the structure and organizational effectiveness of such programs for
first responders in rural communities;
(4) identification of any duplication or redundancy among such programs;
(5) a description of the use of State and local training institutions,
universities, centers, and the National Domestic Preparedness Consortium
in designing and providing training;
(6) a cost-benefit analysis of the costs and time required for first responders
to participate in training courses at Federal institutions;
(7) an assessment of the approval process for certifying training courses
offered by entities other than the Department of Homeland Security that
are useful for antiterrorism purposes as eligible for grants awarded by
the Department;
(8) a description of the use of Department of Homeland Security grant
funds by States and local governments to acquire training;
(9) an analysis of the feasibility of Federal, State, and local personnel
receiving the training that is necessary to adopt the National Response
Plan and the National Incident Management System; and
(10) the role of each first responder training institution within the
Department of Homeland Security in the design and implementation of terrorism
preparedness and related training courses for first responders.
(c) Deadlines- The Comptroller General shall--
(1) submit the report required under subsection (a)(1) by not later than
60 days after the date of enactment of this Act; and
(2) submit a report on the remainder of the topics required by this section
by not later than 120 days after the date of enactment of this Act.
SEC. 117. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE DONATION
OF FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES.
(a) Liability Protection- A civil action for damages relating to personal
injuries, property damage or loss, or death caused, after the donation of
such equipment, by fire control or fire rescue equipment donated to a volunteer
fire company against the person that donated the equipment may not be brought
in any State or Federal court.
(b) Exceptions- Subsection (a) does not apply to a person if--
(1) the person's act or omission causing the injury, damage, loss, or
death constitutes gross negligence or intentional misconduct; or
(2) the person is the manufacturer of the fire control or fire rescue
equipment.
(c) Preemption- This section preempts the laws of any State to the extent
that such laws are inconsistent with this section, except that notwithstanding
subsection (b) this section shall not preempt any State law that provides
additional protection from liability for a person who
