[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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