[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2664 Reported in Senate (RS)]






                                                       Calendar No. 625
107th CONGRESS
  2d Session
                                S. 2664

                          [Report No. 107-295]

     To amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to establish a program to provide assistance to enhance 
 the ability of first responders to respond to incidents of terrorism, 
  including incidents involving weapons of mass destruction, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2002

 Mr. Jeffords (for himself, Mr. Smith of New Hampshire, and Ms. Snowe) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

                            October 1, 2002

              Reported by Mr. Jeffords, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to establish a program to provide assistance to enhance 
 the ability of first responders to respond to incidents of terrorism, 
  including incidents involving weapons of mass destruction, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``First Responder Terrorism 
Preparedness Act of 2002''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the Federal Government must enhance the 
        ability of first responders to respond to incidents of 
        terrorism, including incidents involving weapons of mass 
        destruction; and</DELETED>
        <DELETED>    (2) as a result of the events of September 11, 
        2001, it is necessary to clarify and consolidate the authority 
        of the Federal Emergency Management Agency to support first 
        responders.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to establish within the Federal Emergency 
        Management Agency the Office of National 
        Preparedness;</DELETED>
        <DELETED>    (2) to establish a program to provide assistance 
        to enhance the ability of first responders to respond to 
        incidents of terrorism, including incidents involving weapons 
        of mass destruction; and</DELETED>
        <DELETED>    (3) to address issues relating to urban search and 
        rescue task forces.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    (a) Major Disaster.--Section 102(2) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122(2)) is amended by inserting ``incident of terrorism,'' after 
``drought),''.</DELETED>
<DELETED>    (b) Weapon of Mass Destruction.--Section 602(a) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5196(a)) is amended by adding at the end the 
following:</DELETED>
        <DELETED>    ``(11) Weapon of mass destruction.--The term 
        `weapon of mass destruction' has the meaning given the term in 
        section 2302 of title 50, United States Code.''.</DELETED>

<DELETED>SEC. 4. ESTABLISHMENT OF OFFICE OF NATIONAL 
              PREPAREDNESS.</DELETED>

<DELETED>    Subtitle A of title VI of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended 
by adding at the end the following:</DELETED>

<DELETED>``SEC. 616. OFFICE OF NATIONAL PREPAREDNESS.</DELETED>

<DELETED>    ``(a) In General.--There is established in the Federal 
Emergency Management Agency an office to be known as the `Office of 
National Preparedness' (referred to in this section as the 
`Office').</DELETED>
<DELETED>    ``(b) Appointment of Associate Director.--</DELETED>
        <DELETED>    ``(1) In general.--The Office shall be headed by 
        an Associate Director, who shall be appointed by the President, 
        by and with the advice and consent of the Senate.</DELETED>
        <DELETED>    ``(2) Compensation.--The Associate Director shall 
        be compensated at the annual rate of basic pay prescribed for 
        level IV of the Executive Schedule under section 5315 of title 
        5, United States Code.</DELETED>
<DELETED>    ``(c) Duties.--The Office shall--</DELETED>
        <DELETED>    ``(1) lead a coordinated and integrated overall 
        effort to build viable terrorism preparedness and response 
        capability at all levels of government;</DELETED>
        <DELETED>    ``(2) establish clearly defined standards and 
        guidelines for Federal, State, tribal, and local government 
        terrorism preparedness and response;</DELETED>
        <DELETED>    ``(3) establish and coordinate an integrated 
        capability for Federal, State, tribal, and local governments 
        and emergency responders to plan for and address potential 
        consequences of terrorism;</DELETED>
        <DELETED>    ``(4) coordinate provision of Federal terrorism 
        preparedness assistance to State, tribal, and local 
        governments;</DELETED>
        <DELETED>    ``(5) establish standards for a national, 
        interoperable emergency communications and warning 
        system;</DELETED>
        <DELETED>    ``(6) establish standards for training of first 
        responders (as defined in section 630(a)), and for equipment to 
        be used by first responders, to respond to incidents of 
        terrorism, including incidents involving weapons of mass 
        destruction; and</DELETED>
        <DELETED>    ``(7) carry out such other related activities as 
        are approved by the Director.</DELETED>
<DELETED>    ``(d) Designation of Regional Contacts.--The Associate 
Director shall designate an officer or employee of the Federal 
Emergency Management Agency in each of the 10 regions of the Agency to 
serve as the Office contact for the States in that region.</DELETED>
<DELETED>    ``(e) Use of Existing Resources.--In carrying out this 
section, the Associate Director shall--</DELETED>
        <DELETED>    ``(1) to the maximum extent practicable, use 
        existing resources, including planning documents, equipment 
        lists, and program inventories; and</DELETED>
        <DELETED>    ``(2) consult with and use--</DELETED>
                <DELETED>    ``(A) existing Federal interagency boards 
                and committees;</DELETED>
                <DELETED>    ``(B) existing government agencies; 
                and</DELETED>
                <DELETED>    ``(C) nongovernmental 
                organizations.''.</DELETED>

<DELETED>SEC. 5. PREPAREDNESS ASSISTANCE FOR FIRST 
              RESPONDERS.</DELETED>

<DELETED>    (a) In General.--Subtitle B of title VI of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197 
et seq.) is amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 630. PREPAREDNESS ASSISTANCE FOR FIRST 
              RESPONDERS.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Director.--The term `Director' means the 
        Director of the Federal Emergency Management Agency, acting 
        through the Office of National Preparedness established by 
        section 616.</DELETED>
        <DELETED>    ``(2) First responder.--The term `first responder' 
        means--</DELETED>
                <DELETED>    ``(A) fire, emergency medical service, and 
                law enforcement personnel; and</DELETED>
                <DELETED>    ``(B) such other personnel as are 
                identified by the Director.</DELETED>
        <DELETED>    ``(3) Local entity.--The term `local entity' has 
        the meaning given the term by regulation promulgated by the 
        Director.</DELETED>
        <DELETED>    ``(4) Program.--The term `program' means the 
        program established under subsection (b).</DELETED>
<DELETED>    ``(b) Program To Provide Assistance.--</DELETED>
        <DELETED>    ``(1) In general.--The Director shall establish a 
        program to provide assistance to States to enhance the ability 
        of State and local first responders to respond to incidents of 
        terrorism, including incidents involving weapons of mass 
        destruction.</DELETED>
        <DELETED>    ``(2) Federal share.--The Federal share of the 
        costs eligible to be paid using assistance provided under the 
        program shall be not less than 75 percent, as determined by the 
        Director.</DELETED>
        <DELETED>    ``(3) Forms of assistance.--Assistance provided 
        under paragraph (1) may consist of--</DELETED>
                <DELETED>    ``(A) grants; and</DELETED>
                <DELETED>    ``(B) such other forms of assistance as 
                the Director determines to be appropriate.</DELETED>
<DELETED>    ``(c) Uses of Assistance.--Assistance provided under 
subsection (b)--</DELETED>
        <DELETED>    ``(1) shall be used--</DELETED>
                <DELETED>    ``(A) to purchase, to the maximum extent 
                practicable, interoperable equipment that is necessary 
                to respond to incidents of terrorism, including 
                incidents involving weapons of mass 
                destruction;</DELETED>
                <DELETED>    ``(B) to train first responders, 
                consistent with guidelines and standards developed by 
                the Director;</DELETED>
                <DELETED>    ``(C) in consultation with the Director, 
                to develop, construct, or upgrade terrorism 
                preparedness training facilities;</DELETED>
                <DELETED>    ``(D) to develop, construct, or upgrade 
                emergency operating centers;</DELETED>
                <DELETED>    ``(E) to develop preparedness and response 
                plans consistent with Federal, State, and local 
                strategies, as determined by the Director;</DELETED>
                <DELETED>    ``(F) to provide systems and equipment to 
                meet communication needs, such as emergency 
                notification systems, interoperable equipment, and 
                secure communication equipment;</DELETED>
                <DELETED>    ``(G) to conduct exercises; and</DELETED>
                <DELETED>    ``(H) to carry out such other related 
                activities as are approved by the Director; 
                and</DELETED>
        <DELETED>    ``(2) shall not be used to provide compensation to 
        first responders (including payment for overtime).</DELETED>
<DELETED>    ``(d) Allocation of Funds.--For each fiscal year, in 
providing assistance under subsection (b), the Director shall make 
available--</DELETED>
        <DELETED>    ``(1) to each of the District of Columbia, Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands, $3,000,000; 
        and</DELETED>
        <DELETED>    ``(2) to each State (other than a State specified 
        in paragraph (1))--</DELETED>
                <DELETED>    ``(A) a base amount of $15,000,000; 
                and</DELETED>
                <DELETED>    ``(B) a percentage of the total remaining 
                funds made available for the fiscal year based on 
                criteria established by the Director, such as--
                </DELETED>
                        <DELETED>    ``(i) population;</DELETED>
                        <DELETED>    ``(ii) location of vital 
                        infrastructure, including--</DELETED>
                                <DELETED>    ``(I) military 
                                installations;</DELETED>
                                <DELETED>    ``(II) public buildings 
                                (as defined in section 13 of the Public 
                                Buildings Act of 1959 (40 U.S.C. 
                                612));</DELETED>
                                <DELETED>    ``(III) nuclear power 
                                plants;</DELETED>
                                <DELETED>    ``(IV) chemical plants; 
                                and</DELETED>
                                <DELETED>    ``(V) national landmarks; 
                                and</DELETED>
                        <DELETED>    ``(iii) proximity to international 
                        borders.</DELETED>
<DELETED>    ``(e) Provision of Funds to Local Governments and Local 
Entities.--For each fiscal year, not less than 75 percent of the 
assistance provided to each State under this section shall be provided 
to local governments and local entities within the State.</DELETED>
<DELETED>    ``(f) Administrative Expenses.--</DELETED>
        <DELETED>    ``(1) Director.--For each fiscal year, the 
        Director may use to pay salaries and other administrative 
        expenses incurred in administering the program not more than 
        the lesser of--</DELETED>
                <DELETED>    ``(A) 5 percent of the funds made 
                available to carry out this section for the fiscal 
                year; or</DELETED>
                <DELETED>    ``(B)(i) for fiscal year 2003, 
                $75,000,000; and</DELETED>
                <DELETED>    ``(ii) for each of fiscal years 2004 
                through 2006, $50,000,000.</DELETED>
        <DELETED>    ``(2) Recipients of assistance.--For each fiscal 
        year, not more than 10 percent of the funds retained by a State 
        after application of subsection (e) may be used to pay salaries 
        and other administrative expenses incurred in administering the 
        program.</DELETED>
<DELETED>    ``(g) Maintenance of Expenditures.--The Director may 
provide assistance to a State under this section only if the State 
agrees to maintain, and to ensure that each local government that 
receives funds from the State in accordance with subsection (e) 
maintains, for the fiscal year for which the assistance is provided, 
the aggregate expenditures by the State or the local government, 
respectively, for the uses described in subsection (c)(1) at a level 
that is at or above the average annual level of those expenditures by 
the State or local government, respectively, for the 2 fiscal years 
preceding the fiscal year for which the assistance is 
provided.</DELETED>
<DELETED>    ``(h) Reports.--</DELETED>
        <DELETED>    ``(1) Annual report to the director.--As a 
        condition of receipt of assistance under this section for a 
        fiscal year, a State shall submit to the Director, not later 
        than 60 days after the end of the fiscal year, a report on the 
        use of the assistance in the fiscal year.</DELETED>
        <DELETED>    ``(2) Exercise and report to congress.--As a 
        condition of receipt of assistance under this section, not 
        later than 3 years after the date of enactment of this section, 
        a State shall--</DELETED>
                <DELETED>    ``(A) conduct an exercise, or participate 
                in a regional exercise, approved by the Director, to 
                measure the progress of the State in enhancing the 
                ability of State and local first responders to respond 
                to incidents of terrorism, including incidents 
                involving weapons of mass destruction; and</DELETED>
                <DELETED>    ``(B) submit a report on the results of 
                the exercise to--</DELETED>
                        <DELETED>    ``(i) the Committee on Environment 
                        and Public Works and the Committee on 
                        Appropriations of the Senate; and</DELETED>
                        <DELETED>    ``(ii) the Committee on 
                        Transportation and Infrastructure and the 
                        Committee on Appropriations of the House of 
                        Representatives.</DELETED>
<DELETED>    ``(i) Coordination.--</DELETED>
        <DELETED>    ``(1) With federal agencies.--The Director shall, 
        as necessary, coordinate the provision of assistance under this 
        section with activities carried out by--</DELETED>
                <DELETED>    ``(A) the Administrator of the United 
                States Fire Administration in connection with the 
                implementation by the Administrator of the assistance 
                to firefighters grant program established under section 
                33 of the Federal Fire Prevention and Control Act of 
                1974 (15 U.S.C. 2229) (as added by section 1701(a) of 
                the Floyd D. Spence National Defense Authorization Act 
                for Fiscal Year 2001 (114 Stat. 1654, 1654A-360)); 
                and</DELETED>
                <DELETED>    ``(B) other appropriate Federal 
                agencies.</DELETED>
        <DELETED>    ``(2) With indian tribes.--In providing and using 
        assistance under this section, the Director and the States 
        shall, as appropriate, coordinate with--</DELETED>
                <DELETED>    ``(A) Indian tribes (as defined in section 
                4 of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b)) and other tribal 
                organizations; and</DELETED>
                <DELETED>    ``(B) Native villages (as defined in 
                section 3 of the Alaska Native Claims Settlement Act 
                (43 U.S.C. 1602)) and other Alaska Native 
                organizations.''.</DELETED>
<DELETED>    (b) Cost Sharing for Emergency Operating Centers.--Section 
614 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5196c) is amended--</DELETED>
        <DELETED>    (1) by inserting ``(other than section 630)'' 
        after ``carry out this title''; and</DELETED>
        <DELETED>    (2) by inserting ``(other than section 630)'' 
        after ``under this title''.</DELETED>

<DELETED>SEC. 6. URBAN SEARCH AND RESCUE TASK FORCES.</DELETED>

<DELETED>    Subtitle B of title VI of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) (as 
amended by section 5) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 631. URBAN SEARCH AND RESCUE TASK FORCES.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Urban search and rescue equipment.--The term 
        `urban search and rescue equipment' means any equipment that 
        the Director determines to be necessary to respond to a major 
        disaster or emergency declared by the President under this 
        Act.</DELETED>
        <DELETED>    ``(2) Urban search and rescue task force.--The 
        term `urban search and rescue task force' means any of the 28 
        urban search and rescue task forces designated by the Director 
        as of the date of enactment of this section.</DELETED>
<DELETED>    ``(b) Assistance.--</DELETED>
        <DELETED>    ``(1) Mandatory grants for costs of operations.--
        For each fiscal year, of the amounts made available to carry 
        out this section, the Director shall provide to each urban 
        search and rescue task force a grant of not less than 
        $1,500,000 to pay the costs of operations of the urban search 
        and rescue task force (including costs of basic urban search 
        and rescue equipment).</DELETED>
        <DELETED>    ``(2) Discretionary grants.--The Director may 
        provide to any urban search and rescue task force a grant, in 
        such amount as the Director determines to be appropriate, to 
        pay the costs of--</DELETED>
                <DELETED>    ``(A) operations in excess of the funds 
                provided under paragraph (1);</DELETED>
                <DELETED>    ``(B) urban search and rescue 
                equipment;</DELETED>
                <DELETED>    ``(C) equipment necessary for an urban 
                search and rescue task force to operate in an 
                environment contaminated or otherwise affected by a 
                weapon of mass destruction;</DELETED>
                <DELETED>    ``(D) training, including training for 
                operating in an environment described in subparagraph 
                (C);</DELETED>
                <DELETED>    ``(E) transportation;</DELETED>
                <DELETED>    ``(F) expansion of the urban search and 
                rescue task force; and</DELETED>
                <DELETED>    ``(G) incident support teams, including 
                costs of conducting appropriate evaluations of the 
                readiness of the urban search and rescue task 
                force.</DELETED>
        <DELETED>    ``(3) Priority for funding.--The Director shall 
        distribute funding under this subsection so as to ensure that 
        each urban search and rescue task force has the capacity to 
        deploy simultaneously at least 2 teams with all necessary 
        equipment, training, and transportation.</DELETED>
<DELETED>    ``(c) Grant Requirements.--The Director shall establish 
such requirements as are necessary to provide grants under this 
section.</DELETED>
<DELETED>    ``(d) Establishment of Additional Urban Search and Rescue 
Task Forces.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to paragraph (2), the 
        Director may establish urban search and rescue task forces in 
        addition to the 28 urban search and rescue task forces in 
        existence on the date of enactment of this section.</DELETED>
        <DELETED>    ``(2) Requirement of full funding of existing 
        urban search and rescue task forces.--Except in the case of an 
        urban search and rescue task force designated to replace any 
        urban search and rescue task force that withdraws or is 
        otherwise no longer considered to be an urban search and rescue 
        task force designated by the Director, no additional urban 
        search and rescue task forces may be designated or funded until 
        the 28 urban search and rescue task forces are able to deploy 
        simultaneously at least 2 teams with all necessary equipment, 
        training, and transportation.''.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 626 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5197e) is amended by striking 
subsection (a) and inserting the following:</DELETED>
<DELETED>    ``(a) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) In general.--There are authorized to be 
        appropriated such sums as are necessary to carry out this title 
        (other than sections 630 and 631).</DELETED>
        <DELETED>    ``(2) Preparedness assistance for first 
        responders.--There are authorized to be appropriated to carry 
        out section 630--</DELETED>
                <DELETED>    ``(A) $3,340,000,000 for fiscal year 2003; 
                and</DELETED>
                <DELETED>    ``(B) $3,458,000,000 for each of fiscal 
                years 2004 through 2006.</DELETED>
        <DELETED>    ``(3) Urban search and rescue task forces.--
        </DELETED>
                <DELETED>    ``(A) In general.--There are authorized to 
                be appropriated to carry out section 631--</DELETED>
                        <DELETED>    ``(i) $160,000,000 for fiscal year 
                        2003; and</DELETED>
                        <DELETED>    ``(ii) $42,000,000 for each of 
                        fiscal years 2004 through 2006.</DELETED>
                <DELETED>    ``(B) Availability of amounts.--Amounts 
                made available under subparagraph (A) shall remain 
                available until expended.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``First Responder Terrorism 
Preparedness Act of 2002''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Federal Government must enhance the ability of 
        first responders to respond to incidents of terrorism, 
        including incidents involving weapons of mass destruction; and
            (2) as a result of the events of September 11, 2001, it is 
        necessary to clarify and consolidate the authority of the 
        Federal Emergency Management Agency to support first 
        responders.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish within the Federal Emergency Management 
        Agency the Office of National Preparedness;
            (2) to establish a program to provide assistance to enhance 
        the ability of first responders to respond to incidents of 
        terrorism, including incidents involving weapons of mass 
        destruction; and
            (3) to address issues relating to urban search and rescue 
        task forces.

SEC. 3. DEFINITIONS.

    (a) Major Disaster.--Section 102(2) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) is 
amended by inserting ``incident of terrorism,'' after ``drought),''.
    (b) Weapon of Mass Destruction.--Section 602(a) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5196(a)) is amended by adding at the end the following:
            ``(11) Weapon of mass destruction.--The term `weapon of 
        mass destruction' has the meaning given the term in section 
        2302 of title 50, United States Code.''.

SEC. 4. ESTABLISHMENT OF OFFICE OF NATIONAL PREPAREDNESS.

    Subtitle A of title VI of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by 
adding at the end the following:

``SEC. 616. OFFICE OF NATIONAL PREPAREDNESS.

    ``(a) In General.--There is established in the Federal Emergency 
Management Agency an office to be known as the `Office of National 
Preparedness' (referred to in this section as the `Office').
    ``(b) Appointment of Associate Director.--
            ``(1) In general.--The Office shall be headed by an 
        Associate Director, who shall be appointed by the President, by 
        and with the advice and consent of the Senate.
            ``(2) Compensation.--The Associate Director shall be 
        compensated at the annual rate of basic pay prescribed for 
        level IV of the Executive Schedule under section 5315 of title 
        5, United States Code.
    ``(c) Duties.--The Office shall--
            ``(1) lead a coordinated and integrated overall effort to 
        build viable terrorism preparedness and response capability at 
        all levels of government;
            ``(2) establish clearly defined standards and guidelines 
        for Federal, State, tribal, and local government terrorism 
        preparedness and response;
            ``(3) establish and coordinate an integrated capability for 
        Federal, State, tribal, and local governments and emergency 
        responders to plan for and address potential consequences of 
        terrorism;
            ``(4) coordinate provision of Federal terrorism 
        preparedness assistance to State, tribal, and local 
        governments;
            ``(5) establish standards for a national, interoperable 
        emergency communications and warning system;
            ``(6) establish standards for training of first responders 
        (as defined in section 630(a)), and for equipment to be used by 
        first responders, to respond to incidents of terrorism, 
        including incidents involving weapons of mass destruction; and
            ``(7) carry out such other related activities as are 
        approved by the Director.
    ``(d) Designation of Regional Contacts.--The Associate Director 
shall designate an officer or employee of the Federal Emergency 
Management Agency in each of the 10 regions of the Agency to serve as 
the Office contact for the States in that region.
    ``(e) Use of Existing Resources.--In carrying out this section, the 
Associate Director shall--
            ``(1) to the maximum extent practicable, use existing 
        resources, including planning documents, equipment lists, and 
        program inventories; and
            ``(2) consult with and use--
                    ``(A) existing Federal interagency boards and 
                committees;
                    ``(B) existing government agencies; and
                    ``(C) nongovernmental organizations.''.

SEC. 5. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

    (a) In General.--Subtitle B of title VI of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) 
is amended by adding at the end the following:

``SEC. 630. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of 
        the Federal Emergency Management Agency, acting through the 
Office of National Preparedness established by section 616.
            ``(2) First responder.--The term `first responder' means--
                    ``(A) fire, emergency medical service, and law 
                enforcement personnel; and
                    ``(B) such other personnel as are identified by the 
                Director.
            ``(3) Local entity.--The term `local entity' has the 
        meaning given the term by regulation promulgated by the 
        Director.
            ``(4) Program.--The term `program' means the program 
        established under subsection (b).
    ``(b) Program To Provide Assistance.--
            ``(1) In general.--The Director shall establish a program 
        to provide assistance to States to enhance the ability of State 
        and local first responders to respond to incidents of 
        terrorism, including incidents involving weapons of mass 
        destruction.
            ``(2) Federal share.--The Federal share of the costs 
        eligible to be paid using assistance provided under the program 
        shall be not less than 75 percent, as determined by the 
        Director.
            ``(3) Forms of assistance.--Assistance provided under 
        paragraph (1) may consist of--
                    ``(A) grants; and
                    ``(B) such other forms of assistance as the 
                Director determines to be appropriate.
    ``(c) Uses of Assistance.--Assistance provided under subsection 
(b)--
            ``(1) shall be used--
                    ``(A) to purchase, to the maximum extent 
                practicable, interoperable equipment that is necessary 
                to respond to incidents of terrorism, including 
                incidents involving weapons of mass destruction;
                    ``(B) to train first responders, consistent with 
                guidelines and standards developed by the Director;
                    ``(C) in consultation with the Director, to 
                develop, construct, or upgrade terrorism preparedness 
                training facilities;
                    ``(D) to develop, construct, or upgrade emergency 
                operating centers;
                    ``(E) to develop preparedness and response plans 
                consistent with Federal, State, and local strategies, 
                as determined by the Director;
                    ``(F) to provide systems and equipment to meet 
                communication needs, such as emergency notification 
                systems, interoperable equipment, and secure 
                communication equipment;
                    ``(G) to conduct exercises; and
                    ``(H) to carry out such other related activities as 
                are approved by the Director; and
            ``(2) shall not be used to provide compensation to first 
        responders (including payment for overtime).
    ``(d) Allocation of Funds.--For each fiscal year, in providing 
assistance under subsection (b), the Director shall make available--
            ``(1) to each of the District of Columbia, Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands, $3,000,000; and
            ``(2) to each State (other than a State specified in 
        paragraph (1))--
                    ``(A) a base amount of $15,000,000; and
                    ``(B) a percentage of the total remaining funds 
                made available for the fiscal year based on criteria 
                established by the Director, such as--
                            ``(i) population;
                            ``(ii) location of vital infrastructure, 
                        including--
                                    ``(I) military installations;
                                    ``(II) public buildings (as defined 
                                in section 13 of the Public Buildings 
                                Act of 1959 (40 U.S.C. 612));
                                    ``(III) nuclear power plants;
                                    ``(IV) chemical plants; and
                                    ``(V) national landmarks; and
                            ``(iii) proximity to international borders.
    ``(e) Provision of Funds to Local Governments and Local Entities.--
            ``(1) In general.--For each fiscal year, not less than 75 
        percent of the assistance provided to each State under this 
        section shall be provided to local governments and local 
        entities within the State.
            ``(2) Allocation of funds.--Under paragraph (1), a State 
        shall allocate assistance to local governments and local 
        entities within the State in accordance with criteria 
        established by the Director, such as the criteria specified in 
        subsection (d)(2)(B).
            ``(3) Deadline for provision of funds.--Under paragraph 
        (1), a State shall provide all assistance to local government 
        and local entities not later than 45 days after the date on 
        which the State receives the assistance.
            ``(4) Coordination.--Each State shall coordinate with local 
        governments and local entities concerning the use of assistance 
        provided to local governments and local entities under 
        paragraph (1).
    ``(f) Administrative Expenses.--
            ``(1) Director.--For each fiscal year, the Director may use 
        to pay salaries and other administrative expenses incurred in 
        administering the program not more than the lesser of--
                    ``(A) 5 percent of the funds made available to 
                carry out this section for the fiscal year; or
                    ``(B)(i) for fiscal year 2003, $75,000,000; and
                    ``(ii) for each of fiscal years 2004 through 2006, 
                $50,000,000.
            ``(2) Recipients of assistance.--For each fiscal year, not 
        more than 10 percent of the funds retained by a State after 
        application of subsection (e) may be used to pay salaries and 
        other administrative expenses incurred in administering the 
        program.
    ``(g) Maintenance of Expenditures.--The Director may provide 
assistance to a State under this section only if the State agrees to 
maintain, and to ensure that each local government that receives funds 
from the State in accordance with subsection (e) maintains, for the 
fiscal year for which the assistance is provided, the aggregate 
expenditures by the State or the local government, respectively, for 
the uses described in subsection (c)(1) at a level that is at or above 
the average annual level of those expenditures by the State or local 
government, respectively, for the 2 fiscal years preceding the fiscal 
year for which the assistance is provided.
    ``(h) Reports.--
            ``(1) Annual report to the director.--As a condition of 
        receipt of assistance under this section for a fiscal year, a 
        State shall submit to the Director, not later than 60 days 
        after the end of the fiscal year, a report on the use of the 
        assistance in the fiscal year.
            ``(2) Exercise and report to congress.--As a condition of 
        receipt of assistance under this section, not later than 3 
        years after the date of enactment of this section, a State 
        shall--
                    ``(A) conduct an exercise, or participate in a 
                regional exercise, approved by the Director, to measure 
                the progress of the State in enhancing the ability of 
                State and local first responders to respond to 
                incidents of terrorism, including incidents involving 
                weapons of mass destruction; and
                    ``(B) submit a report on the results of the 
                exercise to--
                            ``(i) the Committee on Environment and 
                        Public Works and the Committee on 
                        Appropriations of the Senate; and
                            ``(ii) the Committee on Transportation and 
                        Infrastructure and the Committee on 
                        Appropriations of the House of Representatives.
    ``(i) Coordination.--
            ``(1) With federal agencies.--The Director shall, as 
        necessary, coordinate the provision of assistance under this 
        section with activities carried out by--
                    ``(A) the Administrator of the United States Fire 
                Administration in connection with the implementation by 
                the Administrator of the assistance to firefighters 
                grant program established under section 33 of the 
                Federal Fire Prevention and Control Act of 1974 (15 
                U.S.C. 2229) (as added by section 1701(a) of the Floyd 
                D. Spence National Defense Authorization Act for Fiscal 
                Year 2001 (114 Stat. 1654, 1654A-360));
                    ``(B) the Attorney General, in connection with the 
                implementation of the Community Oriented Policing 
                Services (COPS) Program established under section 
                1701(a) of the Omnibus Crime Control and Safe Streets 
                Act of 1968 (42 U.S.C. 3796dd(a)); and
                    ``(C) other appropriate Federal agencies.
            ``(2) With indian tribes.--In providing and using 
        assistance under this section, the Director and the States 
        shall, as appropriate, coordinate with--
                    ``(A) Indian tribes (as defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450b)) and other tribal organizations; and
                    ``(B) Native villages (as defined in section 3 of 
                the Alaska Native Claims Settlement Act (43 U.S.C. 
                1602)) and other Alaska Native organizations.''.
    (b) Cost Sharing for Emergency Operating Centers.--Section 614 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5196c) is amended--
            (1) by inserting ``(other than section 630)'' after ``carry 
        out this title''; and
            (2) by inserting ``(other than section 630)'' after ``under 
        this title''.

SEC. 6. PROTECTION OF HEALTH AND SAFETY OF FIRST RESPONDERS.

    Subtitle B of title VI of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5197 et seq.) (as amended by 
section 5(a)) is amended by adding at the end the following:

``SEC. 631. PROTECTION OF HEALTH AND SAFETY OF FIRST RESPONDERS.

    ``(a) Definitions.--In this section:
            ``(1) First responder.--The term `first responder' has the 
        meaning given the term in section 630(a).
            ``(2) Harmful substance.--The term `harmful substance' 
        means a substance that the President determines may be harmful 
        to human health.
            ``(3) Program.--The term `program' means a program 
        described in subsection (b)(1).
    ``(b) Program.--
            ``(1) In general.--If the President determines that 1 or 
        more harmful substances are being, or have been, released in an 
        area that the President has declared to be a major disaster 
        area under this Act, the President shall carry out a program 
        with respect to the area for the protection, assessment, 
        monitoring, and study of the health and safety of first 
        responders.
            ``(2) Activities.--A program shall include--
                    ``(A) collection and analysis of environmental and 
                exposure data;
                    ``(B) development and dissemination of educational 
                materials;
                    ``(C) provision of information on releases of a 
                harmful substance;
                    ``(D) identification of, performance of baseline 
                health assessments on, taking biological samples from, 
                and establishment of an exposure registry of first 
                responders exposed to a harmful substance;
                    ``(E) study of the long-term health impacts of any 
                exposures of first responders to a harmful substance 
                through epidemiological studies; and
                    ``(F) provision of assistance to participants in 
                registries and studies under subparagraphs (D) and (E) 
                in determining eligibility for health coverage and 
                identifying appropriate health services.
            ``(3) Participation in registries and studies.--
                    ``(A) In general.--Participation in any registry or 
                study under subparagraph (D) or (E) of paragraph (2) 
                shall be voluntary.
                    ``(B) Protection of privacy.--The President shall 
                take appropriate measures to protect the privacy of any 
                participant in a registry or study described in 
                subparagraph (A).
            ``(4) Cooperative agreements.--The President may carry out 
        a program through a cooperative agreement with a medical or 
        academic institution, or a consortium of such institutions, 
        that is--
                    ``(A) located in close proximity to the major 
                disaster area with respect to which the program is 
                carried out; and
                    ``(B) experienced in the area of environmental or 
                occupational health and safety, including experience 
                in--
                            ``(i) conducting long-term epidemiological 
                        studies;
                            ``(ii) conducting long-term mental health 
                        studies; and
                            ``(iii) establishing and maintaining 
                        environmental exposure or disease registries.
    ``(c) Reports and Responses to Studies.--
            ``(1) Reports.--Not later than 1 year after the date of 
        completion of a study under subsection (b)(2)(E), the 
        President, or the medical or academic institution or consortium 
        of such institutions that entered into the cooperative 
        agreement under subsection (b)(4), shall submit to the 
        Director, the Secretary of Health and Human Services, the 
        Secretary of Labor, and the Administrator of the Environmental 
        Protection Agency a report on the study.
            ``(2) Changes in procedures.--To protect the health and 
        safety of first responders, the President shall make such 
        changes in procedures as the President determines to be 
        necessary based on the findings of a report submitted under 
        paragraph (1).''.

SEC. 7. URBAN SEARCH AND RESCUE TASK FORCES.

    Subtitle B of title VI of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5197 et seq.) (as amended by 
section 6) is amended by adding at the end the following:

``SEC. 632. URBAN SEARCH AND RESCUE TASK FORCES.

    ``(a) Definitions.--In this section:
            ``(1) Urban search and rescue equipment.--The term `urban 
        search and rescue equipment' means any equipment that the 
        Director determines to be necessary to respond to a major 
        disaster or emergency declared by the President under this Act.
            ``(2) Urban search and rescue task force.--The term `urban 
        search and rescue task force' means any of the 28 urban search 
        and rescue task forces designated by the Director as of the 
        date of enactment of this section.
    ``(b) Assistance.--
            ``(1) Mandatory grants for costs of operations.--For each 
        fiscal year, of the amounts made available to carry out this 
        section, the Director shall provide to each urban search and 
        rescue task force a grant of not less than $1,500,000 to pay 
        the costs of operations of the urban search and rescue task 
        force (including costs of basic urban search and rescue 
        equipment).
            ``(2) Discretionary grants.--The Director may provide to 
        any urban search and rescue task force a grant, in such amount 
        as the Director determines to be appropriate, to pay the costs 
        of--
                    ``(A) operations in excess of the funds provided 
                under paragraph (1);
                    ``(B) urban search and rescue equipment;
                    ``(C) equipment necessary for an urban search and 
                rescue task force to operate in an environment 
                contaminated or otherwise affected by a weapon of mass 
                destruction;
                    ``(D) training, including training for operating in 
                an environment described in subparagraph (C);
                    ``(E) transportation;
                    ``(F) expansion of the urban search and rescue task 
                force; and
                    ``(G) incident support teams, including costs of 
                conducting appropriate evaluations of the readiness of 
                the urban search and rescue task force.
            ``(3) Priority for funding.--The Director shall distribute 
        funding under this subsection so as to ensure that each urban 
        search and rescue task force has the capacity to deploy 
        simultaneously at least 2 teams with all necessary equipment, 
        training, and transportation.
    ``(c) Grant Requirements.--The Director shall establish such 
requirements as are necessary to provide grants under this section.
    ``(d) Establishment of Additional Urban Search and Rescue Task 
Forces.--
            ``(1) In general.--Subject to paragraph (2), the Director 
        may establish urban search and rescue task forces in addition 
        to the 28 urban search and rescue task forces in existence on 
        the date of enactment of this section.
            ``(2) Requirement of full funding of existing urban search 
        and rescue task forces.--Except in the case of an urban search 
        and rescue task force designated to replace any urban search 
        and rescue task force that withdraws or is otherwise no longer 
        considered to be an urban search and rescue task force 
        designated by the Director, no additional urban search and 
        rescue task forces may be designated or funded until the 28 
        urban search and rescue task forces are able to deploy 
        simultaneously at least 2 teams with all necessary equipment, 
        training, and transportation.''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    Section 626 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5197e) is amended by striking subsection (a) 
and inserting the following:
    ``(a) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        such sums as are necessary to carry out this title (other than 
        sections 630 and 632).
            ``(2) Preparedness assistance for first responders.--There 
        are authorized to be appropriated to carry out section 630--
                    ``(A) $3,340,000,000 for fiscal year 2003; and
                    ``(B) $3,458,000,000 for each of fiscal years 2004 
                through 2006.
            ``(3) Urban search and rescue task forces.--
                    ``(A) In general.--There are authorized to be 
                appropriated to carry out section 632--
                            ``(i) $160,000,000 for fiscal year 2003; 
                        and
                            ``(ii) $42,000,000 for each of fiscal years 
                        2004 through 2006.
                    ``(B) Availability of amounts.--Amounts made 
                available under subparagraph (A) shall remain available 
                until expended.''.




                                                       Calendar No. 625

107th CONGRESS

  2d Session

                                S. 2664

                          [Report No. 107-295]

_______________________________________________________________________

                                 A BILL

     To amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to establish a program to provide assistance to enhance 
 the ability of first responders to respond to incidents of terrorism, 
  including incidents involving weapons of mass destruction, and for 
                            other purposes.

_______________________________________________________________________

                            October 1, 2002

                       Reported with an amendment