[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1449 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1449

 To amend the Homeland Security Act of 2002 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 to improve security of infrastructure, 
        and for other purposes including emergency preparedness.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2003

    Ms. Millender-McDonald introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
addition to the Select Committee on Homeland Security, 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 amend the Homeland Security Act of 2002 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 to improve security of infrastructure, 
        and for other purposes including emergency preparedness.

    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 ``First Responder and Emergency 
Preparedness Block Grant Program for Local Governments''.

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;
            (2) as a result of the events of September 11, 2001, it is 
        necessary to clarify and consolidate the authority of the 
        Office of Domestic Preparedness to support first responders; 
        and
            (3) help States improve security of infrastructure.
    (b) Purposes.--The purposes of this Act are--
            (1) 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;
            (2) to establish a program that allows local governments to 
        develop State, regional, and local emergency preparedness 
        plans;
            (3) to give States and localities the necessary resources 
        to secure infrastructure assets; and
            (4) to improve response capabilities of State and local 
        first responders and emergency management personnel.

SEC. 3. WEAPON OF MASS DESTRUCTION DEFINED.

    Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is 
amended by adding at the end the following:
            ``(17) The term `weapon of mass destruction' has the 
        meaning given that term in section 1403 of the Defense Against 
        Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302; 110 
        Stat. 2717).''.

SEC. 4. ADDITIONAL DUTIES OF OFFICE OF DOMESTIC PREPAREDNESS.

    (a) In General.--Section 430(c) of the Homeland Security Act of 
2002 (6 U.S.C. 238(c) is amended--
            (1) by redesignating paragraphs (6), (7), and (8) as 
        paragraphs (7), (8), and (9);
            (2) by striking paragraphs (2) through (5) and inserting 
        after paragraph (1) the following:;
            ``(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 431(a)), and for equipment to be used by 
        first responders, to respond to incidents of terrorism, 
        including incidents involving weapons of mass destruction;'';
            (3) by striking ``and'' at the end of paragraph (8) (as so 
        redesignated);
            (4) by striking the period at the end of paragraph (9) (as 
        so redesignated) and inserting ``; and'' and the following:
            ``(10) carry out such other related duties as are approved 
        by the Secretary.
    (b) Use of Existing Resources.--Section 430(d) of such Act is 
amended to read as follows--
    ``(d) Use of Existing Resources.--In carrying out this section, the 
Director shall--
            ``(1) use, to the maximum extent practicable, 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.--Title IV of the Homeland Security Act of 2002 (6 
U.S.C. 231 et seq.) is amended by adding at the end the following:

``SEC. 431. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Director.--The term `Director' means the Director of 
        the Office of Domestic Preparedness established by section 430.
            ``(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 that term by regulation issued by the Director.
            ``(4) Program.--The term `program' means the program 
        established under subsection (b).
            ``(5) State.--The term `State' includes an emergency 
        preparedness authority establish under section 611(h) of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        of (42 U.S.C. 5196(h)).
    ``(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, and to assist States and localities in securing 
        vital infrastructure resources.
            ``(2) Federal share.--The Federal share of the costs 
        eligible to be paid using assistance provided under the program 
        shall be as determined by the Director, but not less than 75 
        percent.
            ``(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) may 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 
                operations 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 relating to emergency 
                preparedness training;
                    ``(H) to develop emergency preparedness plans;
                    ``(I) to enhance infrastructure security, including 
                security of ports, mass transit systems, water 
                infrastructure, power plants, tunnels, and bridges;
                    ``(J) to improve security of infrastructure in 
                accordance with regulations issued by the Secretary; 
                and
                    ``(K) to carry out such other related activities as 
                are approved by the Director; and
            ``(2) may be used to provide compensation to first 
        responders (including payment for overtime); except that not to 
        exceed 10 percent of amounts made available to a State under 
        this section for a fiscal year may be used for this purpose.
    ``(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, the Commonwealth of the 
        Northern Mariana Islands, and the emergency preparedness 
        authorities established under section 611(h) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5196(h)) $3,000,000; and
            ``(2) to each State (other than a State referred to in 
        paragraph (1))--
                    ``(A) a base amount of $10,000,000; and
                    ``(B) a percentage of the total remaining funds 
                made available for the fiscal year based on the 
                following:
                            ``(i) 50 percent of the amount appropriated 
                        to carry out this section (after application of 
                        paragraph (1) and subparagraph (A)) for such 
                        fiscal year based on the population for such 
                        State divided by the total population of all 
                        such States; and
                            ``(ii) the remainder based on such criteria 
                        as the Director may establish, including the 
                        proximity of the State to international borders 
                        and number of vital infrastructure facilities 
                        located in the State, including military 
                        installations, public buildings (as defined in 
                        section 13 of the Public Buildings Act of 1959 
                        (40 U.S.C. 612)), nuclear power plants, 
                        chemical plants, national landmarks, and ports.
    ``(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 (other than an 
        emergency preparedness authority) under this section shall be 
        provided by the State to local governments (including councils 
        of governments) within the State.
            ``(2) Assistance tracking systems.--The Secretary shall 
        establish a system to track the assistance provided by States 
        to local governments under this subsection for the purpose of 
        ensuring that the assistance is being used in accordance with 
        this section. Under the tracking system, not later than 30 days 
        after the date on which a State provides assistance to a local 
        government under this subsection, the State shall submit to the 
        Secretary a report on the provision and use of such assistance.
    ``(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) $75,000,000 for fiscal year 2003; and
                    ``(ii) $50,000,000 for each of fiscal years 2004 
                through 2006.
            ``(2) Recipients of assistance.--For each fiscal year, not 
        more than 5 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) Deadlines for Distribution of Assistance.--
            ``(1) To states.--Not later than 60 days after the date on 
        which funds are appropriated to carry out this section for a 
        fiscal year (other than fiscal year 2004), the Director shall 
        distribute such funds to the States in accordance with 
        subsection (d).
            ``(2) To local governments.--Not later than 45 days after 
        the date on which funds appropriated to carry out this section 
        for a fiscal year (other than fiscal year 2004) are made 
        available to a State under this section, the State shall 
distribute such funds to local governments under subsection (e).
    ``(h) Preapplication Plan.--Before the Director may provide 
assistance to a State under this section, the State must submit a plan 
that recognizes the security and emergency preparedness needs of 
metropolitan and rural areas under the jurisdiction of the State.
    ``(i) 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.
    ``(j) 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 the 60 days 
        following the last day of the fiscal year, a report on the use 
        of the assistance in the fiscal year and the status of unspent 
        funds.
            ``(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 the appropriate committees of the Senate 
                and the House of Representatives.
    ``(k) Coordination.--
            ``(1) With federal agencies.--The Director shall 
        coordinate, as necessary, 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);
                    ``(B) other appropriate Federal agencies, including 
                the Office of Justice of the Department of Justice 
                providing assistance under the Community Oriented 
                Policing Services Office (COPS) program, the Edward 
                Byrne Memorial State and Local Law Enforcement 
                Assistance (Byrne Formula Grant) program, and the Local 
                Law Enforcement Block Grant (LLEBG) program; and
                    ``(C) other entities within the Department of 
                Homeland Security, including the Office of Emergency 
                Preparedness and Response and the Office of State and 
                Local Government Coordination.
            ``(2) With indian tribes.--In providing and using 
        assistance under this section, the Director and the States 
        shall coordinate, as appropriate, 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.
    ``(l) Limitation.--The amount of funds made available to carry out 
this section for a fiscal year should not affect the amount of funds 
made available to carry out the Community Oriented Policing Services 
Office (COPS) program, the Edward Byrne Memorial State and Local Law 
Enforcement Assistance (Byrne Formula Grant) program, and Local Law 
Enforcement Block Grant (LLEBG) program, and the assistance to 
firefighters program administered by the United States Fire 
Administration for such fiscal year.
    ``(m) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,500,000,000 for each of 
fiscal years 2004, 2005, and 2006.
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