[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3435 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3435
To provide for grants to local first responder agencies to combat
terrorism and be a part of homeland defense.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 6, 2001
Mrs. Maloney of New York (for herself, Mr. Stupak, Mr. Andrews, Mrs.
McCarthy of New York, Ms. Hooley of Oregon, Mr. McNulty, Mr. Snyder,
Mr. Maloney of Connecticut, Mr. Gutierrez, Mr. Wynn, Mr. Frost, Mr.
Murtha, and Mr. Owens) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Transportation and Infrastructure, 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 provide for grants to local first responder agencies to combat
terrorism and be a part of homeland defense.
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 ``Empowering Local First Responders To
Fight Terrorism Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The World Trade Center in New York City was attacked on
September 11, 2001, when two hijacked commercial airplanes
crashed into the Center's towers; the Pentagon, located outside
Washington, D.C., was damaged when a hijacked commercial plane
crashed into the structure; and a hijacked airplane headed for
Washington, D.C., crashed in Pennsylvania.
(2) The New York City Police and Fire Departments,
Washington, D.C., Police and Fire Departments, various Virginia
and Maryland Police and Fire Departments, Pennsylvania Police
and Fire Departments, and the Emergency Medical Services (EMS)
responded to these attacks without hesitation.
(3) Hundreds of New York City police officers,
firefighters, and EMS workers lost their lives during this
rescue when the World Trade Center towers collapsed.
(4) In the weeks since the disaster, local first responders
have been under the burden of responding to both immediate and
long-term strategies.
(5) Many local first responder agencies around the country
are understaffed and underbudgeted to respond to both routine
and the new demands stemming from the homeland defense.
SEC. 3. AUTHORITY TO MAKE GRANTS FOR ANTITERRORISM AND HOMELAND
DEFENSE-ORIENTED POLICING AND RESPONSE.
(a) Grant Authorization.--The Attorney General may make grants to
States, units of local government, Indian tribal governments, other
public and private entities, and multi-jurisdictional or regional
consortia thereof to combat terrorism and provide homeland defense.
(b) Rehiring, Hiring, and Initial Redeployment Grant Projects.--
(1) In general.--Grants made under subsection (a) may be
used for programs, projects, and other activities to--
(A) rehire first responders who have been laid off
as a result of State and local budget reductions for
deployment in antiterrorism and homeland defense-
oriented policing and response;
(B) hire and train new, additional career first
responders for deployment in antiterrorism and homeland
defense-oriented policing and response across the
Nation; and
(C) procure equipment, technology, or support
systems, or pay overtime, if the applicant for such a
grant demonstrates to the satisfaction of the Attorney
General that expenditures for such purposes would
result in an increase in the number of first responders
deployed in antiterrorism and homeland defense-oriented
policing and response equal to or greater than the
increase in the number of first responders that would
result from a grant for a like amount for the purposes
specified in subparagraph (A) or (B).
(2) Grants for equipment, technology, and support
systems.--Grants pursuant to paragraph (1)(C) may not exceed 20
percent of the funds available for grants pursuant to this
subsection in any fiscal year.
(c) Troops-to-Defenders Programs.--
(1) In general.--Grants made under subsection (a) may be
used to hire former members of the Armed Forces to serve as
career first responders for deployment in antiterrorism and
homeland defense-oriented policing and response, particularly
in communities that are adversely affected by a recent military
base closing.
(2) Definition.--In this subsection, ``former member of the
Armed Forces'' means a member of the Armed Forces of the United
States who is involuntarily separated from the Armed Forces
within the meaning of section 1141 of title 10, United States
Code.
(d) Additional Grant Projects.--Grants made under subsection (a)
may include programs, projects, and other activities to--
(1) increase the number of first responders involved in
activities that are focused on antiterrorism and homeland
defense by redeploying first responders to such activities;
(2) provide specialized training to first responders to
enhance their antiterrorism and homeland defense-oriented
policing and response skills; and
(3) support the purchase by a first responder agency of
equipment to combat terrorism and enhance homeland defense.
(e) Preferential Consideration of Applications for Certain
Grants.--In awarding grants under this Act, the Attorney General may
give preferential consideration, where feasible, to applications for
hiring and rehiring additional career first responders that involve
a non-Federal contribution exceeding the 25 percent minimum under
subsection (i).
(f) Technical Assistance.--
(1) In general.--The Attorney General may provide technical
assistance to States, units of local government, Indian tribal
governments, and to other public and private entities, in
furtherance of the purposes of this Act.
(2) Model.--The technical assistance provided by the
Attorney General may include the development of a flexible
model that will define for State and local governments, and
other public and private entities, definitions and strategies
associated with antiterrorism and homeland defense-oriented
policing and response, and methodologies for its
implementation.
(3) Training centers and facilities.--The technical
assistance provided by the Attorney General may include the
establishment and operation of training centers or facilities,
either directly or by contracting or cooperative arrangements.
The functions of the centers or facilities established under
this paragraph may include instruction and seminars for first
responder executives, managers, trainers, supervisors, and such
others as the Attorney General considers to be appropriate
concerning antiterrorism and homeland defense. The Attorney
General shall provide special consideration to expanding the
role of the Regional Community Policing Institutes currently
funded by the Department of Justice in order to comply with
this section.
(g) Utilization of Components.--The Attorney General may utilize
any component or components of the Department of Justice in carrying
out this Act.
(h) Minimum Amount.--Unless all applications submitted by any State
and grantee within the State pursuant to subsection (a) have been
funded, each qualifying State, together with grantees within the State,
shall receive in each fiscal year pursuant to subsection (a) not less
than 0.5 percent of the total amount appropriated in the fiscal year
for grants pursuant to that subsection. In this subsection,
``qualifying State'' means any State which has submitted an application
for a grant, or in which an eligible entity has submitted an
application for a grant, which meets the requirements prescribed by the
Attorney General and the conditions set out in this Act.
(i) Matching Funds.--The portion of the costs of a program,
project, or activity provided by a grant under subsection (a) may not
exceed 75 percent, unless the Attorney General waives, wholly or in
part, the requirement under this subsection of a non-Federal
contribution to the costs of a program, project, or activity. In
relation to a grant for a period exceeding 1 year for hiring or
rehiring career first responders, the Federal share shall decrease from
year to year for up to 5 years, looking toward the continuation of the
increased hiring level using State or local sources of funding
following the conclusion of Federal support, as provided in an approved
plan pursuant to section 4(c)(8).
(j) Allocation of Funds.--The funds available under this Act shall
be allocated as follows:
(1) Of funds available under this Act in any fiscal year,
up to 3 percent may be used for technical assistance under
subsection (f) or for evaluations or studies carried out or
commissioned by the Attorney General in furtherance of the
purposes of this Act.
(2) Of the remaining funds, 50 percent shall be allocated
for grants pursuant to applications submitted by units of local
government or first responder agencies having jurisdiction over
areas with populations exceeding 150,000 or by public and
private entities that serve areas with populations exceeding
150,000, and 50 percent shall be allocated for grants pursuant
to applications submitted by units of local government or first
responder agencies having jurisdiction over areas with
populations 150,000 or less or by public and private entities
that serve areas with populations 150,000 or less.
(3) Of the funds available in relation to grants under this
Act, at least 85 percent shall be applied to grants for the
purposes specified in subsection (b), and no more than 15
percent may be applied to other grants in furtherance of the
purposes of this Act. In view of the extraordinary need for
first responder assistance in Indian country, an appropriate
amount of funds available under this Act shall be made
available for grants to Indian tribal governments or tribal
first responder agencies.
(k) Termination of Grants for Hiring Officers.--The authority under
subsection (a) of this section to make grants for the hiring and
rehiring of additional career first responders shall lapse at the
conclusion of 6 years from the date of enactment of this Act. Prior to
the expiration of this grant authority, the Attorney General shall
submit a report to Congress concerning the experience with and effects
of such grants. The report may include any recommendations the Attorney
General may have for amendments to this Act and related provisions of
law in light of the termination of the authority to make grants for the
hiring and rehiring of additional career first responders.
SEC. 4. APPLICATIONS.
(a) In General.--No grant may be made under this Act unless an
application has been submitted to, and approved by, the Attorney
General.
(b) Application.--An application for a grant under this Act shall
be submitted in such form, and contain such information, as the
Attorney General may prescribe by regulation or guidelines.
(c) Contents.--In accordance with the regulations or guidelines
established by the Attorney General, each application for a grant under
this Act shall--
(1) include a long-term strategy and detailed
implementation plan;
(2) demonstrate a specific public safety need;
(3) explain the applicant's inability to address the need
without Federal assistance;
(4) identify related governmental and community initiatives
which complement or will be coordinated with the proposal;
(5) certify that there has been appropriate coordination
with all affected agencies;
(6) outline the initial and ongoing level of community
support for implementing the proposal including financial and
in-kind contributions or other tangible commitments;
(7) specify plans for obtaining necessary support and
continuing the proposed program, project, or activity following
the conclusion of Federal support;
(8) if the application is for a grant for hiring or
rehiring additional career first responders, specify plans for
the assumption by the applicant of a progressively larger share
of the cost in the course of time, looking toward the
continuation of the increased hiring level using State or local
sources of funding following the conclusion of Federal support;
(9) assess the impact, if any, of the increase in first
responder resources on other components of the criminal justice
system and first responder systems;
(10) explain how the grant will be utilized to reorient the
affected first responder agency's mission toward antiterrorism
or homeland defense-oriented policing and response; and
(11) provide assurances that the applicant will, to the
extent practicable, seek, recruit, and hire members of racial
and ethnic minority groups and women in order to increase their
ranks within the sworn positions in the first responder agency.
(d) Special Provisions.--
(1) Small jurisdictions.--Notwithstanding any other
provision of this Act, in relation to applications under this
Act of units of local government or first responder agencies
having jurisdiction over areas with populations of less than
50,000, the Attorney General may waive 1 or more of the
requirements of subsection (c) and may otherwise make special
provisions to facilitate the expedited submission, processing,
and approval of such applications.
(2) Small grant amount.--Notwithstanding any other
provision of this Act, in relation to applications under
section 3(d) for grants of less than $1,000,000, the Attorney
General may waive 1 or more of the requirements of subsection
(c) and may otherwise make special provisions to facilitate the
expedited submission, processing, and approval of such
applications.
SEC. 5. RENEWAL OF GRANTS.
(a) In General.--Except for grants made for hiring or rehiring
additional career first responders, a grant under this Act may be
renewed for up to 2 additional years after the first fiscal year during
which a recipient receives its initial grant, if the Attorney General
determines that the funds made available to the recipient were used in
a manner required under an approved application and if the recipient
can demonstrate significant progress in achieving the objectives of the
initial application.
(b) Grants for Hiring.--Grants made for hiring or rehiring
additional career first responders may be renewed for up to 5 years,
subject to the requirements of subsection (a), but notwithstanding the
limitation in that subsection concerning the number of years for which
grants may be renewed.
(c) Multiyear Grants.--A grant for a period exceeding 1 year may be
renewed as provided in this section, except that the total duration of
such a grant including any renewals may not exceed 3 years, or 5 years
if it is a grant made for hiring or rehiring additional career first
responders.
SEC. 6. LIMITATION ON USE OF FUNDS.
(a) Nonsupplanting Requirement.--Funds made available under this
Act to States or units of local government shall not be used to
supplant State or local funds, or, in the case of Indian tribal
governments, funds supplied by the Bureau of Indian Affairs, but shall
be used to increase the amount of funds that would, in the absence of
Federal funds received under this Act, be made available from State or
local sources, or in the case of Indian tribal governments, from funds
supplied by the Bureau of Indian Affairs.
(b) Non-Federal Costs.--
(1) In general.--States and units of local government may
use assets received through the Assets Forfeiture equitable
sharing program to provide the non-Federal share of the cost of
programs, projects, and activities funded under this Act.
(2) Indian tribal governments.--Funds appropriated by the
Congress for the activities of any agency of an Indian tribal
government or the Bureau of Indian Affairs performing first
responder functions on any Indian lands may be used to provide
the non-Federal share of the cost of programs or projects
funded under this Act.
(c) Hiring Costs.--Funding provided under this Act for hiring or
rehiring a career first responder may not exceed $75,000, unless the
Attorney General grants a waiver from this limitation.
SEC. 7. PERFORMANCE EVALUATION.
(a) Monitoring Components.--Each program, project, or activity
funded under this Act shall contain a monitoring component, developed
pursuant to guidelines established by the Attorney General. The
monitoring required by this subsection shall include systematic
identification and collection of data about activities,
accomplishments, and programs throughout the life of the program,
project, or activity and presentation of such data in a usable form.
(b) Evaluation Components.--Selected grant recipients shall be
evaluated on the local level or as part of a national evaluation,
pursuant to guidelines established by the Attorney General. Such
evaluations may include assessments of individual program
implementations. In selected jurisdictions that are able to support
outcome evaluations, the effectiveness of funded programs, projects,
and activities may be required. Outcome measures may include crime and
victimization indicators, quality of life measures, community
perceptions, and first responder perceptions of their own work.
(c) Periodic Review and Reports.--The Attorney General may require
a grant recipient to submit to the Attorney General the results of the
monitoring and evaluations required under subsections (a) and (b) and
such other data and information as the Attorney General deems
reasonably necessary.
SEC. 8. REVOCATION OR SUSPENSION OF FUNDING.
If the Attorney General determines, as a result of the reviews
required by section 7, or otherwise, that a grant recipient under this
Act is not in substantial compliance with the terms and requirements of
an approved grant application submitted under section 4, the Attorney
General may revoke or suspend funding of that grant, in whole or in
part.
SEC. 9. ACCESS TO DOCUMENTS.
(a) By the Attorney General.--The Attorney General shall have
access for the purpose of audit and examination to any pertinent books,
documents, papers, or records of a grant recipient under this Act and
to the pertinent books, documents, papers, or records of State and
local governments, persons, businesses, and other entities that are
involved in programs, projects, or activities for which assistance is
provided under this Act.
(b) By the Comptroller General.--Subsection (a) shall apply with
respect to audits and examinations conducted by the Comptroller General
of the United States or by an authorized representative of the
Comptroller General.
SEC. 10. GENERAL REGULATORY AUTHORITY.
The Attorney General may promulgate regulations and guidelines to
carry out this Act.
SEC. 11. DEFINITIONS.
In this Act:
(1) The term ``career first responder'' means a person
hired on a permanent basis who is authorized by law or by a
State or local public agency as a first responder.
(2) The term ``Indian tribe'' means a tribe, band, pueblo,
nation, or other organized group or community of Indians,
including an Alaska Native village (as defined in or
established under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.)), that is recognized as eligible for the
special programs and services provided by the United States to
Indians because of their status as Indians.
(3) The term ``first responder'' means a law enforcement
officer, fire fighter, or emergency support worker.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act, to
remain available until expended, $10,000,000,000 in the aggregate for
the period of 10 fiscal years from fiscal year 2002 through fiscal year
2011.
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