[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.''.
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