[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3158 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3158

To amend the Homeland Security Act of 2002 to establish a task force to 
 determine essential capabilities for State and local jurisdictions to 
 prevent, prepare for, and respond to acts of terrorism, to authorize 
 the Secretary of Homeland Security to make grants to State and local 
    governments to achieve such capability, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2003

  Mr. Turner of Texas (for himself, Mr. Thompson of Mississippi, Ms. 
  Loretta Sanchez of California, Mr. Markey, Mr. Dicks, Mr. Frank of 
Massachusetts, Ms. Harman, Mr. Cardin, Ms. Slaughter, Mr. DeFazio, Mrs. 
Lowey, Mr. Andrews, Ms. Norton, Ms. Lofgren, Ms. McCarthy of Missouri, 
     Ms. Jackson-Lee of Texas, Mr. Pascrell, Mrs. Christensen, Mr. 
Etheridge, Mr. Gonzalez, Mr. Lucas of Kentucky, Mr. Langevin, Mr. Meek 
   of Florida, Ms. Pelosi, Mr. Hoyer, Mr. Menendez, Ms. Berkley, Mr. 
Pallone, Mr. Israel, Mr. Lantos, Mr. Acevedo-Vila, Mrs. McCarthy of New 
 York, Mr. Case, Ms. Kilpatrick, Mr. McGovern, Mr. Green of Texas, Ms. 
 DeLauro, Mr. Moore, Ms. Solis, Mr. Frost, Mr. Ross, Mr. McIntyre, Mr. 
  Stenholm, Mrs. Tauscher, Mr. Michaud, Mr. Holden, Ms. McCollum, Mr. 
   Payne, Mr. Wynn, Mr. Udall of New Mexico, Mrs. Jones of Ohio, Mr. 
 Honda, Mr. Sandlin, Mr. John, Mr. Snyder, Ms. Millender-McDonald, Mr. 
   Grijalva, Mr. Berry, Mr. Ruppersberger, Mr. Edwards, Mr. Udall of 
    Colorado, Mr. Farr, Ms. Bordallo, Mr. Hoeffel, Mr. Berman, Mr. 
  Hinojosa, Mr. Bell, Mr. Reyes, Mr. Ortiz, Ms. Kaptur, Mr. Davis of 
   Florida, Ms. Lee, Mr. Boyd, Mr. George Miller of California, Mr. 
Kennedy of Rhode Island, Ms. Corrine Brown of Florida, Mr. McNulty, Mr. 
 Delahunt, Ms. Carson of Indiana, Mr. Rothman, Mr. Engel, Ms. Linda T. 
   Sanchez of California, Mrs. Maloney, Mr. Kildee, Ms. Majette, Mr. 
Larsen of Washington, Mr. Hinchey, Mr. Towns, Ms. Hooley of Oregon, Ms. 
Schakowsky, Mr. Filner, Mr. Spratt, Mr. Bishop of New York, Mr. Waxman, 
 Mr. Van Hollen, Mr. Tierney, Mr. Meehan, Mr. Nadler, Mr. Blumenauer, 
    Mr. Baca, Mr. Schiff, Mr. Lampson, Mr. Sherman, Mrs. Capps, Mr. 
 Crowley, Mr. Cummings, Mr. Davis of Illinois, Mr. Davis of Tennessee, 
   Ms. DeGette, Mr. Emanuel, Mr. Hastings of Florida, Mr. Hill, Mr. 
  Jefferson, Mr. Meeks of New York, Mr. Price of North Carolina, Mr. 
Strickland, Mr. Thompson of California, Mr. Wu, Ms. Waters, Ms. Eshoo, 
      Ms. Roybal-Allard, Mr. Larson of Connecticut, Mr. Brady of 
Pennsylvania, Mrs. Davis of California, Mr. Ballance, Ms. Eddie Bernice 
  Johnson of Texas, Mr. Holt, Mr. Smith of Washington, Mr. Bishop of 
 Georgia, Mr. Cooper, and Mr. Skelton) introduced the following bill; 
which was referred to the Select Committee on Homeland Security, and in 
 addition to the Committees on Transportation and Infrastructure, the 
  Judiciary, and Energy and Commerce, 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 task force to 
 determine essential capabilities for State and local jurisdictions to 
 prevent, prepare for, and respond to acts of terrorism, to authorize 
 the Secretary of Homeland Security to make grants to State and local 
    governments to achieve such capability, and for other purposes.

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

SECTION 1. PREPARE ACT.

    (a) In General.--The Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 101 et seq.) is amended by adding at the end the 
following:

  ``TITLE XVIII--PREPARING AMERICA TO RESPOND EFFECTIVELY ACT OF 2003

``SEC. 1801. SHORT TITLE.

    ``This title may be cited as the `Preparing America to Respond 
Effectively Act of 2003' or the `PREPARE Act'.

``SEC. 1802. FINDINGS.

    ``The Congress finds the following:
            ``(1) America's leaders have not yet defined national 
        standards of terrorism preparedness--the essential capabilities 
        to which every jurisdiction in America should have access.
            ``(2) It is therefore not yet possible to determine 
        precisely the gap between how prepared a State or local 
        government is now, and how prepared it needs to be, to respond 
        to acts of terrorism.
            ``(3) The absence of a functioning methodology to determine 
        national requirements for terrorism preparedness constitutes a 
        public policy crisis.
            ``(4) Establishing national standards that define levels of 
        State and local government terrorism preparedness is a critical 
        first step toward determining the nature and extent of State 
        and local government needs, and the human and financial 
        resources needed to fulfill them.
            ``(5) National standards would make it possible to direct 
        funding to meet identified needs and measure preparedness 
        levels on a national scale.
            ``(6) The Federal government should play a predominant role 
        in assisting communities to reach the level of preparedness 
        they need to respond to a catastrophic terrorist attack.

``SEC. 1803. DEFINITIONS.

    ``In this title:
            ``(1) Essential capabilities.--The term `essential 
        capabilities' means the levels, availability, and competence of 
        emergency personnel and equipment across a variety of 
        disciplines needed to effectively and efficiently prevent, 
        prepare for, and respond to acts of terrorism according to 
        predetermined procedures and guidelines.
            ``(2) First responder.--The term `first responder' means--
                    ``(A) fire, emergency medical service, law 
                enforcement, public health, emergency management, 
                public works, hazardous materials, hospital, and other 
                medical personnel; and
                    ``(B) such other personnel as are identified by the 
                Secretary.
            ``(3) Second responders.--The term `second responders' 
        means individuals who have training and equipment that may be 
        useful in responding to a terrorist attack and who are 
        integrated into emergency response plans in order to supplement 
        the capabilities of first responders.
            ``(4) Task force.--The term `Task Force' means the Task 
        Force on Standards for Terrorism Preparedness established by 
        section 1804.
            ``(5) Public works.--The term `public works' means 
        structures, such as roads, highways, buildings, bridges, and 
        docks, constructed and maintained at government expense for 
        public use.
            ``(6) Critical infrastructure.--The term `critical 
        infrastructure' means those networks, systems, institutions, 
        facilities, people, and procedures, the destruction, 
        disruption, or diversion of which would cause major harm to the 
        national well being.

``SEC. 1804. TASK FORCE ON STANDARDS FOR TERRORISM PREPAREDNESS.

    ``(a) Establishment.--Within 60 days after the date of the 
enactment of this title, the Secretary of Homeland Security shall 
establish a task force to be known as the Task Force on Standards for 
Terrorism Preparedness for the purpose of developing and recommending a 
methodology for States and local governments to determine essential 
capability.
    ``(b) Membership.--The Task Force shall be composed of 27 members, 
as follows:
            ``(1) Appointed members, generally.--The Task Force shall 
        have 20 members appointed by the Secretary by not later than 60 
        days after the date of the enactment of this Act, as follows:
                    ``(A) 2 members representing fire services, 1 of 
                whom shall represent the volunteer fire service.
                    ``(B) 2 members representing State and local law 
                enforcement agencies, 1 of whom shall represent local 
                government law enforcement agencies.
                    ``(C) 2 members representing emergency medical 
                services.
                    ``(D) 2 members representing State and local public 
                health services, 1 of whom shall represent local public 
                health services, and at least one of whom shall have 
                expertise in mental health services.
                    ``(E) 2 members representing State and local 
                emergency management agencies, 1 of whom shall 
                represent local emergency management agencies.
                    ``(F) 2 members representing State and local public 
                works agencies, 1 of whom shall represent local public 
                works agencies.
                    ``(G) 2 members representing hospitals and other 
                medical services.
                    ``(H) 1 member representing hazardous materials 
                response organizations.
                    ``(I) 1 member representing the National Fire 
                Protection Association.
                    ``(J) 1 member representing the American National 
                Standards Institute.
                    ``(K) 1 member representing the National Institute 
                for Justice, appointed in consultation with the 
                Attorney General.
                    ``(L) 1 member representing the InterAgency Board 
                for Equipment Standardization and Interoperability.
                    ``(M) 1 member representing the Centers for Disease 
                Control and Prevention's National Public Health 
                Performance Standards Program, appointed in 
                consultation with the Secretary of the Department of 
                Health and Human Services.
            ``(2) Membership of elected officials.--The Task Force 
        shall have 4 members appointed by the Secretary from among 
        individuals who are elected officials of State and local 
        governments, as follows:
                    ``(A) 2 members representing elected State 
                government officials, each of which is a member of a 
                different political party.
                    ``(B) 2 members representing elected local 
                government officials, each of which is a member of a 
                different political party.
            ``(3) Chair and vice-chair.--At the first meeting of the 
        Task Force, the membership of the Task Force appointed under 
        paragraphs (1) and (2) shall elect a chair and vice-chair of 
        the Task Force. The Task Force shall ensure that the elected 
        chair and vice-chair--
                    ``(A) represent two different professions among the 
                professions that make up the Task Force;
                    ``(B) are not both representatives of State 
                governments; and
                    ``(C) are not both representatives of local 
                governments.
            ``(4) Ex officio members.--The Task Force shall have the 
        following ex officio members:
                    ``(A) The Director of the Office for Domestic 
                Preparedness (or the Director's designee).
                    ``(B) The Director of the Office for State and 
                Local Government Coordination (or the Director's 
                designee).
                    ``(C) The Under Secretary for Emergency 
                Preparedness and Response (or the Under Secretary's 
                designee).
    ``(c) Composition of Task Force.--In appointing members to the Task 
Force, the Secretary shall ensure that its membership--
            ``(1) is geographically diverse;
            ``(2) includes representatives from both rural and urban 
        jurisdictions;
            ``(3) includes representatives from both management and 
        labor;
            ``(4) includes representatives from both uniformed and 
        nonuniformed professions; and
            ``(5) includes sufficient personnel with security 
        clearances necessary to review classified materials that may be 
        needed to conduct the business of the Task Force.
    ``(d) Qualifications of Appointed Members.--Members appointed under 
subsection (b)(1) shall be individuals who--
            ``(1) have expertise in disaster prevention, preparedness, 
        mitigation, or response; emergency planning and management; 
        terrorism; or first responder technologies; or
            ``(2) have other pertinent qualifications or experience.
    ``(e) Study.--
            ``(1) In general.--The Task Force shall conduct a study 
        to--
                    ``(A) identify the essential capabilities to which 
                every State and local government should have access; 
                and
                    ``(B) develop a methodology for States and local 
                governments to use to determine--
                            ``(i) the extent to which a State or local 
                        government has achieved the essential 
                        capabilities that apply to the government;
                            ``(ii) the extent to which a State or local 
                        government has not achieved the essential 
                        capabilities that apply to the government; and
                            ``(iii) the funding and other additional 
                        resources required to fully achieve the 
                        essential capabilities that apply to the 
                        government.
            ``(2) Specific capabilities.--In carrying out the study, 
        the Task Force shall identify essential capabilities for 
        purposes of this subsection with respect to, among other 
        matters, the following:
                    ``(A) Equipment.
                    ``(B) Personnel.
                    ``(C) Training.
                    ``(D) Planning.
                    ``(E) Exercises.
                    ``(F) Intelligence.
                    ``(G) Interoperable communications.
                    ``(H) Emergency notification systems.
                    ``(I) Detection and diagnostic technologies for 
                biological, nuclear, radiological, and chemical weapons 
                of mass destruction.
                    ``(J) Any other category considered appropriate by 
                the Task Force as essential capabilities.
            ``(3) Flexibility.--The Task Force shall identify essential 
        capabilities for purposes of this subsection in terms 
        sufficiently flexible to be applied--
                    ``(A) to the unique threats, vulnerabilities, 
                geography, size, and other individual factors 
                applicable to any State or local government; and
                    ``(B) to a wide range of threats and 
                vulnerabilities, including with respect to--
                            ``(i) biological threats;
                            ``(ii) nuclear threats;
                            ``(iii) radiological threats;
                            ``(iv) incendiary threats;
                            ``(v) chemical threats;
                            ``(vi) explosives;
                            ``(vii) suicide bombers;
                            ``(viii) disruption or diversion of 
                        critical infrastructure; and
                            ``(ix) past acts of terrorism or known 
                        activity of terrorist groups.
            ``(4) Threat and vulnerability assessment factors.--The 
        methodology developed by the Task Force shall include factors 
        that ensure that the essential capabilities determined for a 
        State or local government will vary based on threat and 
        vulnerability assessments that take into account the following 
        factors:
                    ``(A) The proximity of a community to critical 
                infrastructure and international borders.
                    ``(B) The presence of national icons or national 
                assets that may be terrorist targets.
                    ``(C) Population (including tourist, military, and 
                commuting population) and population density.
                    ``(D) Any other factor considered appropriate by 
                the Task Force.
    ``(f) Report.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this title, the Task Force shall submit a 
        report to the Secretary containing the results of the study 
        under this section.
            ``(2) Contents.--The report shall include the following:
                    ``(A) A description of the essential capabilities 
                to which every State and local government should have 
                access.
                    ``(B) A proposed methodology for State and local 
                governments to use to determine--
                            ``(i) the extent to which a State or local 
                        government has achieved the essential 
                        capabilities that apply to the government;
                            ``(ii) the extent to which a State or local 
                        government has not achieved the essential 
                        capabilities that apply to the government; and
                            ``(iii) the funding and other additional 
                        resources required to fully achieve the 
                        essential capabilities that apply to the 
                        government.
            ``(3) Review and revision.--
                    ``(A) Review and comments.--Within 30 days after 
                the date of the submission of the proposed methodology 
                by the Task Force, the Secretary shall review and 
                provide comments to the Task Force on the methodology.
                    ``(B) Revision and submission of final 
                methodology.--Within 30 days after receiving the 
                Secretary's comments, the Task Force shall--
                            ``(i) revise the methodology based on the 
                        comments provided by the Secretary, if the Task 
                        Force determines that such revisions are 
                        appropriate; and
                            ``(ii) submit the final methodology to the 
                        Secretary.
            ``(4) Publication.--Within 10 days after the date of 
        submission of the final methodology by the Task Force, the 
        Secretary shall--
                    ``(A) subject to paragraph (5), publish the final 
                methodology in the Federal Register; and
                    ``(B) provide the final methodology to the 
                Committee on Appropriations and the Select Committee on 
                Homeland Security of the House of Representatives, and 
                to the Committee on Appropriations and the Committee on 
                Governmental Affairs of the Senate.
            ``(5) Unclassified version of methodology.--If the 
        methodology contains information that is sensitive or subject 
        to classification, the Secretary shall publish an unclassified 
        version of the methodology under paragraph (4)(A).
    ``(g) Task Force Personnel Matters.--
            ``(1) Compensation of members.--Except as provided in 
        paragraph (2), each member of the Task Force shall be 
        compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which such 
        member is engaged in the performance of the duties of the Task 
        Force.
            ``(2) Limitation.--Members of the Task Force who are 
        officers or employees of the United States shall receive no 
        additional pay by reason of their service as a member of the 
        Task Force.
            ``(3) Travel expenses.--The members of the Task Force shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter 1 of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Task Force.
    ``(h) Staff and Resources.--
            ``(1) In general.--The Secretary shall provide to the Task 
        Force, on a nonreimbursable basis, such administrative 
        services, funds, staff, facilities, and other support services 
        as the Task Force determines necessary for it to perform its 
duty efficiently and in accordance with this section.
            ``(2) Access to information.--
                    ``(A) In general.--The Task Force shall have access 
                to all intelligence information regarding threats and 
                vulnerabilities and all existing assessments of State 
                and local essential capability deemed by the Task Force 
                necessary to carry out the duties of the Task Force.
                    ``(B) Limitation.--Nothing in this subsection shall 
                be considered to allow a member of the Task Force 
                access to classified materials unless such member 
                demonstrates appropriate clearances to receive such 
                materials.
            ``(3) Detailees.--
                    ``(A) In general.--Upon the request of the Task 
                Force, the head of any department or agency of the 
                Federal Government may detail, without reimbursement, 
                any personnel of the department or agency to the Task 
                Force to assist in carrying out its duties.
                    ``(B) Maintenance of civil service status or 
                privilege.--The detail of an employee shall be without 
                interruption or loss of civil service status or 
                privilege.
    ``(i) Funding.--Of the amounts authorized to be appropriated for 
fiscal year 2005 to the Secretary under this Act for the Department, 
the Secretary shall make available to the Task Force $8,000,000 for the 
activities of the Task Force under this section.
    ``(j) Applicability of the Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Task 
Force.
    ``(k) Termination.--The Task Force shall terminate 30 days after 
the submission of the final methodology under subsection (f).

``SEC. 1805. STATE AND LOCAL GOVERNMENT DETERMINATION OF ESSENTIAL 
              CAPABILITIES AND NEEDS.

    ``(a) In General.--In order to qualify for the grant program under 
section 1806, a State or unit of local government (in this section 
referred to as a `government') must--
            ``(1) determine, under the methodology published by the 
        Secretary under section 1804, the essential capabilities that 
        apply to the government;
            ``(2) determine the extent to which the government has 
        achieved the essential capabilities that apply to the 
        government;
            ``(3) determine the needs of the government to achieve the 
        essential capabilities that apply to the government; and
            ``(4) submit to the Secretary--
                    ``(A) a prioritized description of the needs of the 
                government to achieve such essential capabilities; and
                    ``(B) an estimate of the costs of those needs.
    ``(b) Determination, Description, and Location of Needs.--In 
determining and describing needs under subsection (a), a government--
            ``(1) may address such needs at the city, county, regional, 
        State, or interstate level; and
            ``(2) shall use regional, interjurisdictional, and 
        interstate agreements, and activities conducted jointly by more 
        than one State or local government to the greatest extent 
        practicable.
    ``(c) Duplicative Needs.--The determination and description of 
needs under subsection (a)--
            ``(1) shall not include duplicative or overlapping needs; 
        and
            ``(2) shall include all needs that have been identified by 
        the government.
    ``(d) Role of State Governments.--A determination under subsections 
(a) and (b) of essential capabilities to be maintained at the State or 
interstate level may only be made by a State.
    ``(e) Prioritization.--A description of needs under subsection (a) 
shall include a prioritization of such needs based on the threat and 
vulnerability assessments factors included in the methodology developed 
by the Task Force under section 1804.
    ``(f) Compilation and Validation by State.--Each State shall--
            ``(1) compile local and State government determinations of 
        needs submitted under subsection (a);
            ``(2) validate that in making such determinations, the 
        methodology published under section 1804 was executed 
        correctly;
            ``(3) provide local governments 15 days to revise and 
        resubmit determinations, if such determinations cannot be 
        validated under paragraph (2);
            ``(4) compile, based on the determinations under paragraphs 
        (1) through (3), the overall needs of local and State 
        governments to achieve essential terrorism preparedness and 
        response capability;
            ``(5) calculate the amount of financial assistance required 
        by State and local governments to meet such needs;
            ``(6) complete a prioritization of such needs based on the 
        threat and vulnerability assessments factors included in the 
        methodology developed by the Task Force under section 1804; and
            ``(7) submit to the Secretary a plan to distribute such 
        assistance, that includes--
                    ``(A) the local and State government determinations 
                compiled under paragraph (1); and
                    ``(B) a description of all determinations that the 
                State did not validate under paragraphs (2) and (3).
    ``(g) Compilation and Validation by Secretary.--
            ``(1) In general.--Within 90 days after receipt of a plan 
        submitted by a State under subsection (f), the Secretary 
        shall--
                    ``(A) validate that in making determinations within 
                the plan, the methodology published under section 1804 
                was executed correctly;
                    ``(B) provide States 30 days to revise and resubmit 
                determinations if such determinations cannot be 
                validated under subparagraph (A);
                    ``(C) compile, based on the determinations 
                submitted under subparagraphs (A) and (B), the overall 
                needs of State and local governments to achieve 
                essential capabilities; and
                    ``(D) calculate the amount of financial assistance 
                required by State and local governments to meet such 
                needs.
            ``(2) Report.--The Secretary shall, by not later than 30 
        days after completing actions required under paragraph (1), 
        submit a report to the Committee on Appropriations and the 
        Select Committee on Homeland Security of the House of 
        Representatives, and the Committee on Appropriations and the 
        Committee on Governmental Affairs of the Senate, containing--
                    ``(A) a summary of total needs of State and local 
                governments to achieve essential capabilities, as 
                submitted under subsection (f), and the needs of State 
                and local governments for financial assistance to meet 
                those needs;
                    ``(B) a list and description of any State and local 
                government determinations of such needs that were 
                rejected by the Secretary;
                    ``(C) a summary of the total needs of the Nation to 
                achieve essential capabilities, based on such summary 
                and list; and
                    ``(D) a nationwide plan for meeting each State's 
                needs (including needs of all local governments in the 
                State) over the following 5 fiscal years, that 
                includes--
                            ``(i) the relationship, expressed as a 
                        percentage, of each State's needs to the total 
                        needs of the Nation;
                            ``(ii) estimated budget requests for the 
                        following 5 fiscal years to meet the total 
                        needs of the Nation; and
                            ``(iii) the same structure, type of 
                        information, and level of detail as the Future 
                        Years Defense Program submitted to the Congress 
                        by the Department of Defense under section 221 
                        of title 10, United States Code.

``SEC. 1806. ESSENTIAL TERRORISM PREPAREDNESS AND RESPONSE GRANT 
              PROGRAM.

    ``(a) Grant Authority.--
            ``(1) In general.--The Secretary may make grants to State 
        governments to address needs to achieve essential capability in 
        accordance with the plan submitted by the Secretary under 
        section 1805(g)(2).
            ``(2) Grant name.--A grant made under this section may be 
        referred to as a `PREPARE Grant'.
    ``(b) Distribution of Funds.--
            ``(1) Allocation among states.--From amounts available for 
        each fiscal year for grants under this section, the Secretary 
        shall allocate to each State the percentage determined for the 
        State under section 1805(g)(2)(D)(i).
            ``(2) Distribution by state.--Not later than 30 days after 
        receiving grant funds under this section, a State shall 
        distribute the amounts provided in accordance with the plan and 
        prioritization of needs submitted under section 1805(f)(6), or 
        as revised and resubmitted by the State under section 
        1805(g)(1)(B).
    ``(c) Cost Sharing.--
            ``(1) Federal share.--
                    ``(A) In general.--The Federal share of the cost of 
                any activity carried out with a grant under this 
                section shall not exceed 75 percent.
                    ``(B) Adjustment.--(i) The Secretary may adjust the 
                Federal share to an amount not to exceed 90 percent 
                with respect to a grant.
                    ``(ii) Within 1 year after the date of the 
                enactment of this title, the Secretary shall issue 
                regulations defining the criteria for cost share 
                adjustment under this subparagraph.
            ``(2) Non-federal match other than by expenditure of 
        funds.--Within 1 year after the date of the enactment of this 
        title, the Secretary shall issue regulations that authorize a 
        grantee under this section to use means other than the 
        expenditure of funds to pay the non-Federal share of the costs 
        of an activity carried out with a grant under this section, 
        including criteria for use of such means.
    ``(d) Existing Programs not Affected.--Nothing in this title shall 
affect the management and administration of, nor provide for the 
combination of grant funds among, grant programs administered by the 
Department of Homeland Security or any other Federal agency, including 
the following:
            ``(1) Assistance to firefighter grant programs carried out 
        under section 33 of the Federal Fire Prevention and Control Act 
        of 1974 (15 U.S.C. 2001 et seq.).
            ``(2) The emergency management performance grant program 
        carried out under sections 201(D), 611, and 613 of Public Law 
        93-288.
            ``(3) The COPS grant program carried out under Public Law 
        103-50 and Public Law 103-322.
            ``(4) The Local Law Enforcement Block Grant program funded 
        pursuant to Public Law 104-134 and other laws.
            ``(5) The Byrne Formula Grant Program carried out under 
        Public Law 100-690 and title I of Public Law 90-351 (42 U.S.C. 
        3711 et seq.).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary for fiscal 
years 2006 through 2010 to carry out the grant program authorized by 
this section.''.
    (b) Clerical Amendment.--The table of contents in section 1(6) of 
the Homeland Security Act of 2002 (Public Law 107-296) is amended by 
adding at the end the following:

  ``TITLE XVIII--PREPARING AMERICA TO RESPOND EFFECTIVELY ACT OF 2003

``Sec. 1801. Short title.
``Sec. 1802. Findings.
``Sec. 1803. Definitions.
``Sec. 1804. Task Force on Standards for Terrorism Preparedness.
``Sec. 1805. State and local government determination of essential 
                            capabilities and needs.
``Sec. 1806. Essential terrorism preparedness and response grant 
                            program.''.

SEC. 2. DESIGNATION OF TERRORISM GRANT PROGRAM OFFICE.

    Section 430 of the Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 238) is amended by adding at the end the following:
    ``(e) Designation.--The Office for Domestic Preparedness shall be 
responsible for the following:
            ``(1) Administering all terrorism preparedness and response 
        grant programs of the Department, including--
                    ``(A) State Homeland Security grants administered 
                by the Office for Domestic Preparedness under section 
                1014 of Public Law 107-56;
                    ``(B) high-threat urban area grants administered by 
                the Office for Domestic Preparedness under Public Law 
                108-11;
                    ``(C) critical infrastructure security grants 
                administered by the Office for Domestic Preparedness 
                under section 1014(c)(3) of Public Law 107-56 and 
                Public Law 108-11;
                    ``(D) PREPARE grants authorized under section 1806 
                of this Act; and
                    ``(E) the Homeland Security Advisory System 
                Response Grants authorized by section 430(c)(8) of this 
                Act.
            ``(2) Maintaining all information on grants, grant 
        availability, application deadlines, and grant fund obligation 
        deadlines under such programs.
            ``(3) Providing all information on grants, grant 
        availability, application deadlines, and grant fund obligation 
        deadlines to grant applicants and recipients under such 
        programs.
            ``(4) Preparing and submitting the reports under subsection 
        (f).
Nothing in this section provides the Office for Domestic Preparedness 
with the authority to manage or administer the programs identified 
under section 1806(d) of this Act.
    ``(f) Annual Reports to the Congress.--
            ``(1) In general.--The Director of the Office for Domestic 
        Preparedness shall submit annual reports regarding the 
        administration of terrorism preparedness and response grant 
        programs of the Department to the Committee on Appropriations 
        and the Select Committee on Homeland Security of the House of 
        Representatives and the Committee on Appropriations and the 
        Committee on Governmental Affairs of the Senate.
            ``(2) Contents, generally.--Each report under this 
        subsection shall include the following information with respect 
        to the period covered by the report:
                    ``(A) The amount of funds appropriated for such 
                grant programs for each fiscal year.
                    ``(B) Specific allocations of financial assistance 
                made to each State and local government.
                    ``(C) The amount of appropriated funds that have 
                been obligated and expended by the Department and by 
                each State and local government under the programs.
                    ``(D) The points of contact in the Office for 
                Domestic Preparedness responsible for the duties under 
                section 430(e).
                    ``(E) Administrative or other impediments that may 
                delay the obligation of grant funds.
            ``(3) Progress report.--Each report under this subsection 
        shall also include a description of--
                    ``(A) progress made, in the period covered by the 
                report, in achieving essential capability of State and 
                local governments determined by the Secretary under 
                section 1805(g)(2);
                    ``(B) progress made, since the first date funds 
                were available for grants under section 1806, in 
                achieving essential capability of State and local 
                governments determined by the Secretary under section 
                1805(g)(2);
                    ``(C) an assessment of emerging terrorism 
                preparedness and response capability needs not 
                addressed by Federal grant programs, the estimated 
                costs of such needs, and recommendations for meeting 
                such needs utilizing Federal grant programs; and
                    ``(D) recommendations for streamlining and 
                standardizing application, reporting, and 
                administrative requirements of Federal grant programs 
                to eliminate duplication and promote coordination of 
                terrorism preparedness and response grants.''.

SEC. 3. MODIFICATION OF HOMELAND SECURITY ADVISORY SYSTEM.

    (a) In General.--The Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 121 et seq.) is amended by adding at the end the 
following:

``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.

    ``(a) In General.--The Secretary shall revise the Homeland Security 
Advisory System referred to in section 201(d)(7) to include the 
following:
            ``(1) A process for activating the System on a regional or 
        critical infrastructure sector basis.
            ``(2) A requirement that any designation of the highest or 
        second highest threat level shall be accompanied by a 
        designation by the President of the regions and sectors of the 
        country to which the designation applies.
            ``(3) A requirement under which, as far in advance as 
        possible, but in no case later than the time of any designation 
        of regions or sectors by the President under paragraph (2), 
        notice of any change in designation of threat level shall be 
        provided to the Committee on Appropriations, the Select 
        Committee on Homeland Security, and the Permanent Select 
        Committee on Intelligence of the House of Representatives, and 
        the Committee on Appropriations, the Committee on Governmental 
        Affairs, and the Select Committee on Intelligence, of the 
        Senate, and to State and local governments.
            ``(4) A requirement that each notice to the Congress under 
        paragraph (3) shall include--
                    ``(A) a threat briefing that explains the 
                intelligence or other information that informed the 
                decision to make the designation;
                    ``(B) a description of Federal response actions 
                being undertaken as a result of the change in 
                designation of threat level;
                    ``(C) recommended actions that should be taken by 
                State and local governments, the private sector, and 
                other members of the public; and
                    ``(D) the estimated costs of the recommended 
                actions for Federal, State, and local governments.
            ``(5) A requirement that an update of the estimate of costs 
        under paragraph (4)(D) shall be submitted to the Committees 
        referred to in paragraph (3) 14 days after the designation for 
        which the estimate was prepared.
            ``(6) A requirement that each notice to State and local 
        governments under paragraph (3) shall include information 
        regarding threats on which the change in designation is based 
        and recommended response actions.
    ``(b) Deadline.--The modifications in subsection (a) shall be 
completed by the Secretary not later than 6 months after the date of 
enactment of this section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296) is amended by 
inserting after the item relating to section 202 the following:

``Sec. 203. Homeland Security Advisory System.''.

SEC. 4. HOMELAND SECURITY ADVISORY SYSTEM RESPONSE GRANTS.

    Section 430 of the Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 238) is amended--
            (1) in subsection (c)(7) by striking ``; and'' and 
        inserting a semicolon;
            (2) by redesignating subsection (c)(8) as subsection 
        (c)(9);
            (3) by inserting after subsection (c)(7) the following:
            ``(8) making grants to States and local governments to 
        compensate such governments for additional personnel costs 
        incurred as a result of elevated threat level designations; 
        and''; and
            (4) by adding at the end the following:
    ``(e) Elevated Threat Level Designation Defined.--In this section, 
the term `elevated threat level designation' means--
            ``(1) any designation by the President of the highest or 
        second highest threat level under the Homeland Security 
        Advisory System (as modified pursuant to section 203(a)); or
            ``(2) any other increase in threat level that is specified 
        by the President for purposes of this section.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary for fiscal 
year 2005 to carry out the grant program authorized by subsection 
(c)(8).''.

SEC. 5. INFORMATION SHARING WITH STATE AND LOCAL GOVERNMENTS.

    (a) Findings.--The Congress finds that--
            (1) the Federal government should continue to improve its 
        sharing of terrorism-related information with State and local 
        officials in order to better prevent and prepare for terrorist 
        attacks;
            (2) much of the information required by State and local 
        officials to defend against terrorism can be disseminated by 
        the Federal government on an unclassified basis;
            (3) some information in the possession of Federal agencies 
        that is needed at the State and local level to prevent and 
        effectively respond to terrorist attacks is classified, and the 
        disclosure of that information would be harmful to national 
        security interests;
            (4) mechanisms, such as tear-line intelligence reports, 
        should be used to the greatest extent possible to ensure that 
        needed information is shared in a timely manner with State and 
        local officials while protecting classified sources and methods 
        from disclosure; and
            (5) in cases where information can not be disseminated in 
        an unclassified form, or through the use of tear-line 
        intelligence reports, procedures and capabilities should be 
        established throughout the Nation to share and act upon 
        classified information to prevent and respond to terrorist 
        attacks, guided by appropriate safeguards to protect that 
        information.
    (b) Amendments.--Section 893 of the Homeland Security Act of 2002 
(Public Law 107-296; 6 U.S.C. 483) is amended by striking subsection 
(b) and inserting the following:
    ``(b) Report Regarding Security Clearances.--The Secretary of 
Homeland Security shall report to the Congress by not later than 6 
months after the date of the enactment of the PREPARE Act on the number 
and level of security clearances needed by State and local government 
officials in order to effectively and efficiently share terrorism 
threat information.
    ``(c) Report Specifying Lead Agency.--The President shall, by not 
later than 3 months after submission of the report required by 
subsection (a), submit to the congressional committees a report 
specifying the lead Government agency for--
            ``(1) sharing terrorism threat information with State and 
        local government officials; and
            ``(2) receiving such information from State and local 
        government officials and further disseminating such 
        information, as appropriate.
    ``(d) Specified Congressional Committees.--The congressional 
committees referred to in this section are the following committees:
            ``(1) The Permanent Select Committee on Intelligence, the 
        Committee on the Judiciary, and the Select Committee on 
        Homeland Security of the House of Representatives.
            ``(2) The Select Committee on Intelligence, the Committee 
        on the Judiciary, and the Committee on Government Affairs of 
        the Senate.''.
    (c) Grants.--Section 892 of the Homeland Security Act of 2002 
(Public Law 107-296; 6 U.S.C. 483) is amended by adding at the end the 
following:
    ``(h) Grants.--
            ``(1) In general.--The Secretary shall make grants, as 
        necessary, to State and local governments in order to provide 
        the equipment and facilities necessary to receive, transmit, 
        handle, and store classified information.
            ``(2) Limitation on amount of grants.--The total amount 
        provided as grants under this section shall not exceed 50 
        percent of the costs to provide facilities to State and local 
        governments for storing or handling classified information.
            ``(3) Qualification for grant.--The Secretary may provide a 
        grant under this section--
                    ``(A) only upon demonstration that sufficient 
                personnel at the recipient agency possess the relevant 
                security clearances to receive and access classified 
                information; and
                    ``(B) only if personnel at the recipient agency 
                have appropriate training to access, receive, store, 
                and maintain classified information.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary such sums as are 
        necessary for fiscal year 2005 to carry out the grant program 
        authorized by this subsection.''.

SEC. 6. PROVIDING EQUIPMENT AND TRAINING STANDARDS.

    (a) Responsibility of Under Secretary for Science and Technology.--
Section 302 of the Homeland Security Act of 2002 (6 U.S.C. 182) is 
amended--
            (1) by striking ``and'' at the end of paragraph (13);
            (2) by striking the period at the end of paragraph (14) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(15) identifying, establishing, updating, and 
        disseminating standards for first responder equipment and 
        training.''.
    (b) Specific Duties.--
            (1) In general.--Title III of the Homeland Security Act of 
        2002 (Public Law 107-296; 6 U.S.C. 181 et seq.) is amended by 
        adding at the end the following:

``SEC. 314. FIRST RESPONDER EQUIPMENT STANDARDS.

    ``(a) In General.--In carrying out the responsibilities under 
section 302(15), the Under Secretary of Homeland Security for Science 
and Technology shall--
            ``(1) identify classes of first responder equipment and 
        training for which acceptable standards exist;
            ``(2) identify classes of first responder equipment and 
        training for which acceptable standards do not exist;
            ``(3) not later than 6 months after the date of the 
        enactment of this paragraph, publish a report describing the 
        findings under paragraphs (1) and (2); and
            ``(4) establish standards to address the shortcomings 
        identified under paragraph (2) within 1 year after the report 
        under paragraph (3) is transmitted, using voluntary consensus 
        standards organizations where possible, in consultation with 
        the fire service, hazardous materials, emergency medical 
        service, law enforcement, public health, emergency management 
        and planning, public works, and hospital and medical 
        communities.
    ``(b) Acquisition Guidance.--Not later than 3 months after the 
transmittal of the report under subsection (a)(3), and every 6 months 
thereafter, the Under Secretary of Homeland Security for Science and 
Technology shall publish first responder equipment and training 
acquisition guidance in the form of catalogs of equipment and training 
for which acceptable standards exist. Such guidance shall be published 
in the Federal Register, made available through the Web site of the 
Department of Homeland Security, and made available to the Terrorism 
Grant Program Office established under section 430(e) for appropriate 
outreach activities.
    ``(c) Report to Congress.--Not later than 1 year after the date of 
the enactment of this subsection, the Under Secretary of Homeland 
Security for Science and Technology shall transmit to the Committee on 
Appropriations and the Select Committee on Homeland Security of the 
House of Representatives, and the Committee on Appropriations and the 
Committee on Governmental Affairs of the Senate a report on the 
progress made in implementing subsection (a).
    ``(d) Other Federal Programs.--In carrying out this section, the 
Under Secretary shall consider the ongoing efforts to identify, 
promulgate, and disseminate standards for equipment and training for 
first responder personnel by the National Institute of Justice, the 
Interagency Group sanctioned by the Attorney General, the National 
Institute of Standards and Technology, the Counterdrug Technology 
Assessment Center of the Office of National Drug Control Policy, and 
any other appropriate Federal Government agencies.
    ``(e) Lead Federal Agency.--It is the sense of Congress that the 
Department of Homeland Security should be the lead Federal agency for 
maintaining and disseminating standards and guidelines for first 
responder equipment and training.''.
            (2) Clerical amendment.--The table of sections in section 
        1(b) of the Homeland Security Act of 2002 (Public Law 107-296) 
        is amended by inserting after the item relating to section 313 
        the following:

``Sec. 314. First responder equipment standards.''.

SEC. 7. STUDY OF SPECTRUM NEEDS FOR FIRST RESPONDER COMMUNICATIONS.

    (a) In General.--Title V of the Homeland Security Act of 2002 
(Public Law 107-296; 6 U.S.C. 311 et seq.) is amended by adding at the 
end the following:

``SEC. 510. STUDY OF FIRST RESPONDER SPECTRUM NEEDS.

    ``The Under Secretary of Homeland Security for Emergency 
Preparedness and Response shall conduct a study to determine the extent 
of the electromagnetic spectrum, and the bands of frequencies, 
necessary to be assigned for use for emergency communications and 
information to ensure that national requirements for emergency 
preparedness are met. Not later than 6 months after the date of the 
enactment of this section, the Under Secretary shall submit to the 
Congress a report specifying the results of the study.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 509 the following:

``Sec. 510. Study of first responder spectrum needs.''.

SEC. 8. INTEROPERABLE COMMUNICATIONS EQUIPMENT.

    (a) Findings.--The Congress finds that--
            (1) many law enforcement officers, firefighters, and 
        emergency medical service personnel working in the same 
        jurisdiction or in different jurisdictions cannot communicate 
        with one another;
            (2) the inability of our public safety officials to readily 
        communicate with one another threatens the public's safety and 
        often results in unnecessary loss of lives and property;
            (3) the private sector has developed numerous solutions to 
        significantly improve communications interoperability that can 
        be implemented immediately; and
            (4) these solutions include deployable vehicles that 
        contain equipment such as commercial telephone line trunks, VHF 
        and UHF radios, patch panels, and crosspatch capabilities that 
        allow radio users on separate frequencies to talk to each 
        other.
    (b) Procurement and Deployment.--Title V of the Homeland Security 
Act of 2002 (Public Law 107-296) is further amended by adding at the 
end the following:

``SEC. 511. DEPLOYMENT OF INTEROPERABLE COMMUNICATIONS EQUIPMENT.

    ``(a) Procurement and Deployment.--To the extent amounts are made 
available pursuant to subsection (b), the Secretary shall procure and 
deploy commercially available equipment to facilitate interoperability, 
coordination, and integration between emergency communications systems, 
including Federal, State, and local emergency communications systems, 
systems used by emergency personnel and public safety organizations, 
telecommunications services, and 911 and enhanced 911 services.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $20,000,000 for fiscal year 2005 for 
carrying out this section.''.
    (c) Clerical Amendment.--The table of sections in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296) is further 
amended by inserting after the item relating to section 510 the 
following:

``Sec. 511. Deployment of interoperable communications equipment.''.

SEC. 9. PLAN REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.

    (a) Study.--Title V of the Homeland Security Act of 2002 (Public 
Law 107-296) is further amended by adding at the end the following:

``SEC. 512. PLAN REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.

    ``(a) Study.--The Under Secretary of Homeland Security for 
Emergency Preparedness and Response, in consultation with the heads of 
other appropriate Federal agencies and representatives of providers and 
participants in the telecommunications industry, shall conduct a study 
to determine the most effective and efficient manner of establishing a 
nationwide system to notify the public and appropriate governmental 
officials and agencies and other appropriate organizations, including 
first responders, of emergencies. In conducting the study, the 
Secretary shall consider use of telephone and telfax systems, radio and 
television broadcasts (including public television broadcasts), 
computer systems and the Internet, public works, and existing 
communications networks of the Federal Government to provide such 
notification.
    ``(b) Report and Plan.--Not later than 9 months after the date of 
the enactment of this section, the Under Secretary shall submit a 
report regarding the conclusions of the study conducted under 
subsection (a), which shall include a plan for establishment and 
implementation of the emergency notification system described in such 
subsection, to the Committee on Appropriations and the Select Committee 
on Homeland Security of the House of Representatives and to the 
Committee on Appropriations and the Committee on Governmental Affairs 
of the Senate.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296) is further 
amended by inserting after the item relating to section 511 the 
following:

``Sec. 512. Plan regarding nationwide emergency notification system.''.

SEC. 10. SECOND RESPONDERS.

    (a) Findings.--The Congress finds the following:
            (1) Terrorism prevention and response will require efforts 
        beyond those by Federal, State, and local governments.
            (2) Citizen volunteers can perform critical functions in 
        preventing and responding to terrorist attacks.
            (3) Private sector resources can provide greatly enhanced 
        State and local operational capability and significant surge 
        capacity.
            (4) Citizens and private sector entities should be 
        mobilized and prepared to serve as ``second responders'' to 
        support emergency operations.
            (5) In order to be effective, such second responders must 
        be integrated into State and local planning efforts to ensure 
        that their capabilities and roles are understood, lines of 
        communication are established, and training and equipment are 
        identified and provided as necessary.
            (6) The partnership between the Business Executives for 
        National Security and the State of New Jersey, popularly known 
        as the ``New Jersey Business Force'', is a model program to 
        identify and coordinate private sector second responders and 
        should be expanded to cover all States and territories.
    (b) Guidance.--The Task Force established under the amendments made 
by section 1 shall include in the methodology developed under that 
section guidance on the appropriate roles and capabilities for second 
responders.
    (c) Civil Preparedness Liaison Office.--Section 103 of the Homeland 
Security Act of 2002 (Public Law 107-296, 6 U.S.C. 113) is amended by 
adding at the end the following:
    ``(f) Civil Preparedness Liaison Office.--The Secretary shall 
establish a Civil Preparedness Liaison Office within the Department 
that shall be responsible for--
            ``(1) coordinating industry efforts to identify private 
        sector resources and capabilities that could be effective in 
        supplementing Federal, State, and local government agencies to 
        prevent or respond to a terrorist attack;
            ``(2) administering the `Ready' civil preparedness 
        campaign;
            ``(3) administering the Citizen Corps program;
            ``(4) establishing procedures for direct funding for local 
        and municipal Citizen Corps preparedness efforts;
            ``(5) coordinating with private entities to identify and 
        integrate into nationwide planning resources under private 
        ownership that would enhance the response to catastrophic 
        terrorist attacks; and
            ``(6) ensuring that all civil preparedness efforts of the 
        Department are coordinated with the Under Secretary for 
        Emergency Response and the Special Assistant to the Secretary 
        under section 102(f).''.

SEC. 11. EMERGENCY PREPAREDNESS EDUCATION PROGRAMS.

    (a) In General.--Subtitle H of title VIII of the Homeland Security 
Act of 2002 (Public Law 107-296) is amended by adding at the end the 
following:

``SEC. 890A. EMERGENCY PREPAREDNESS EDUCATION PROGRAMS.

    ``(a) Grants.--The Secretary, in collaboration with the Secretary 
of Education, may award grants to eligible entities to develop and 
implement programs at public elementary schools and secondary schools 
to instruct students regarding age-appropriate skills that may be used 
to prepare for and respond to a man-made emergency or a natural 
disaster.
    ``(b) Definitions.--In this section:
            ``(1) Elementary school; secondary school.--Each of the 
        terms `elementary school' and `secondary school' has the 
        meaning given to that term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) the chief school officer of a State; or
                    ``(B) any partnership of public or private non-
                profit entities that is established for the purpose of 
                administering a grant under this section.
    ``(c) Maximum Annual Amount.--The Secretary may not award any grant 
under this section in an amount that is greater than $2,000,000 for any 
1-year period.
    ``(d) Matching Funds.--
            ``(1) In general.--The Federal share of the costs of an 
        activity carried out with a grant under this section may not 
        exceed 60 percent of the costs of such activity.
            ``(2) Determination of amount contributed.--
                    ``(A) In general.--Non-Federal contributions 
                required by paragraph (1) may be in cash or in kind, 
                shall be fairly evaluated, and may include plant, 
                equipment, or services.
                    ``(B) Exclusion.--Amounts provided by the Federal 
                Government, or services assisted or subsidized to any 
                significant extent by the Federal Government, may not 
                be included in determining the amount of such non-
                Federal contributions.
    ``(e) Application.--To seek a grant under this section, an eligible 
entity shall submit an application to the Secretary in such form, in 
such manner, and containing such information as the Secretary may 
require.
    ``(f) Clearinghouse.--
            ``(1) In general.--The Secretary, acting through The 
        Director of the Office for State and Local Government 
        Coordination, shall establish and maintain a clearinghouse of 
        information voluntarily submitted to the Secretary by grant 
        recipients under this section on best practices and curricula 
        for instructing elementary and secondary students regarding 
        age-appropriate emergency preparedness and response skills.
            ``(2) Format of information.--Information voluntarily 
        submitted under this subsection shall be maintained and made 
        available by the Secretary in electronic format, if 
        practicable.
    ``(g) Information Sharing.--This section shall not be construed to 
prohibit any eligible entity or school from sharing information on 
instruction of emergency preparedness and response skills with any 
person, including any private school.
    ``(h) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated to the Secretary such sums as 
are necessary for each of fiscal years 2005, 2006, and 2007.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 891 
the following:

``Sec. 890a. Emergency Preparedness Education Programs.''.
                                 <all>