[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5430 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 5430

To authorize the Secretary of Homeland Security to make grants to first 
                  responders, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2004

 Mr. Frelinghuysen (for himself, Mr. Smith of New Jersey, Mr. Saxton, 
 Mr. LoBiondo, Mr. Ferguson, and Mr. Garrett of New Jersey) 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 authorize the Secretary of Homeland Security to make grants to first 
                  responders, 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. SHORT TITLE.

    This Act may be cited as the ``Smarter Funding for all of America's 
Homeland Security Act of 2004''.

SEC. 2. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR TRADITIONAL FIRST 
              RESPONDER MISSIONS.

    (a) In General.--This Act does not affect any authority to make 
grants under any Federal grant program in existence immediately prior 
to September 11, 2001, that enhance traditional missions of State and 
local law enforcement, firefighters, ports, emergency medical services, 
or public health missions.
    (b) Included Programs.--The programs referred to in subsection (a) 
include the following:
            (1) Fire grant program.--The Fire Grant Program authorized 
        by section 1703 of the Defense Authorization Act of 2001 
        (Public Law 106-398).
            (2) Emergency management planning and assistance account 
        grants.--The Emergency Management Performance Grant program and 
        the Urban Search and Rescue Grants program authorized by title 
        VI of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5195 et seq.); the Departments of 
        Veterans Affairs and Housing and Urban Development, and 
        Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 
        et seq.); and the Earthquake Hazards Reduction Act of 1977 (42 
        U.S.C. 7701 et seq.).
            (3) Department of justice law enforcement grant programs.--
        The Local Law Enforcement Block Grant program of the Department 
        of Justice.
            (4) Byrne memorial formula grants.--The Edward Byrne 
        Memorial State and Local Law Enforcement Assistance Programs 
        authorized by part E of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).
            (5) COPS.--The Public Safety and Community Policing (``COPS 
        ON THE BEAT'') grant program authorized by part Q of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796dd et seq.).
            (6) Health and human services grant programs.--Grant 
        programs under the Public Health Service Act regarding 
        preparedness for bioterrorism and other public health 
        emergencies (including grants under sections 319C-1, 319C-2, 
        and 319F), and the emergency response assistance program 
        authorized by section 1412 of the National Defense 
        Authorization Act for Fiscal Year 1997 (50 U.S.C. 2312).

SEC. 3. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    (a) In General.--Subtitle A of title VIII of the Homeland Security 
Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is amended by 
adding at the end the following:

``SEC. 802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    ``(a) Short Title.--This section may be cited as the `Faster and 
Smarter Funding for First Responders Act'.
    ``(b) First Responder Grants Authorized.--
            ``(1) In general.--The Secretary shall establish a State 
        and Regional First Responder Grant Program, under which the 
        Secretary may make grants in accordance with this section to 
        States and eligible regional entities.
            ``(2) Application to other grants.--All grants by the 
        Secretary with amounts made available after the date of the 
        enactment of this Act for first responders shall be awarded 
        under the program, and shall be made to either States or 
        eligible regional cooperatives in accordance with this section.
            ``(3) Administration.--The Secretary shall administer the 
        program through the Office for State and Local Government 
        Coordination.
    ``(c) Grant Criteria and Eligibility.--
            ``(1) Grant criteria.--The Secretary shall make grants 
        under this section on the basis of the threat to a State or 
        region's population and critical infrastructure, as determined 
        by the Under Secretary for Information Analysis and 
        Infrastructure Protection based on its analysis under 
        subsection (e) of threat-related information from all sources 
        pursuant to its authority under section 202 of the Homeland 
        Security Act of 2002.
            ``(2) Grant eligibility.--To be eligible for a grant under 
        this section an applicant must be--
                    ``(A) a State; or
                    ``(B) a region.
            ``(3) Consistency.--Any grant awarded under this section 
        shall be used to supplement and support, in a consistent and 
        coordinated manner, activities described under subsection (f) 
        in accordance with a homeland security plan specified in the 
        application for the grant.
    ``(d) Application for Grant.--
            ``(1) In general.--Any State or eligible regional entity 
        may apply for a grant under this section by submitting to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may reasonably 
        require.
            ``(2) Point of contact.--The Office for State and Local 
        Government Coordination shall be the sole point-of-contact 
        between the Department and applicants for grants under this 
        section.
            ``(3) Contents of application.--Each application for a 
        grant under this section must include the following:
                    ``(A) Details of the purpose for which grant funds 
                are sought and the reasons why the applicant needs the 
                grant, including specification of what the applicant 
                expects to purchase or accomplish with the grant funds.
                    ``(B) Identification of the entity that will expend 
                the grant funds.
                    ``(C) A detailed capital budget showing how the 
                grant funds will be allocated and spent.
                    ``(D) A statement of whether a mutual aid agreement 
                applies to the use of the grant funds.
                    ``(E) A description of the source of the threat to 
                which the proposed grant relates, including the type of 
                attack for which the applicant is preparing for in 
                seeking the grant funding.
                    ``(F) A statement of why the proposed use of funds 
                is not a traditional first responder mission.
                    ``(G) A description of how the applicant intends to 
                meet the matching requirement under subsection (g)(2), 
                and a statement of whether the applicant will commit to 
                provide more matching funds than the amount required 
                under that subsection.
    ``(e) Threat-Based Evaluation of Grant Applications.--
            ``(1) In general.--The Secretary, acting through the Under 
        Secretary, shall evaluate and prioritize applications for 
        grants under this section based on an objective determination 
        and exhaustive assessment of the threat to the population or 
        assets covered by the application.
            ``(2) Categories of threats to be considered.--In 
        evaluating and prioritizing applications for grants under this 
        section, the Under Secretary for Information Analysis and 
        Infrastructure Protection's risk analysis shall include 
        consideration of whether and the degree to which threats within 
        the following categories are applicable at that time to the 
        State or region for which the application is made:
                    ``(A) Threats to the population of the State or 
                region, including military and tourist populations.
                    ``(B) Threats to specific economic sectors or 
                private sector facilities.
                    ``(C) Threats to major communications nodes, 
                including cyber and telephonic nodes.
                    ``(D) Threats to specific elements of the Nation's 
                food supply.
                    ``(E) Threats to the water supply.
                    ``(F) Threats to the energy supply, including to 
                electrical, petroleum, and nuclear sources.
                    ``(G) Threats to civic infrastructure and emergency 
                response capabilities, including threats that would--
                            ``(i) substantially eliminate the 
                        government of the State or region;
                            ``(ii) materially degrade the ability of 
                        first responders serving the State or region to 
                        communicate or to provide assistance during and 
                        in the aftermath of an act of terrorism, 
                        including a chemical, biological, radiological, 
                        or nuclear attack; and
                            ``(iii) curtail the availability or 
                        effectiveness of emergency medical services, 
                        including hospital-based services, needed to 
                        serve the population of the State or region 
                        during such a terrorist-induced mass-medical 
                        emergency.
                    ``(H) Threats to specific national monuments or 
                structures of symbolic national importance, 
                particularly those that routinely attract large numbers 
                of tourist visitors.
                    ``(I) Threats to significant concentrations of 
                natural resources on which major economic sectors or 
                population centers depend.
                    ``(J) Threats to major transportation systems or 
                nodes.
            ``(3) Specific threats.--In addition to the categories of 
        threats under paragraph (2), the Under Secretary shall consider 
        any other specific threat to a critical vulnerability that the 
        Department's Directorate of Information Analysis and 
        Infrastructure Protection has determined exists within the 
        applicant State or region.
            ``(4) Identification of threat required.--The Secretary may 
        not make a grant to an applicant under this section unless the 
        Under Secretary identifies a specific vulnerability that is 
        subject to a present or analytically projected threat of an act 
        of terrorism.
            ``(5) Prioritization.--The Under Secretary shall prioritize 
        applications according to the most current analysis by the 
        Department's Directorate of Information Analysis and 
        Infrastructure Protection of the terrorist threat.
                    ``(A) The Under Secretary shall prioritize threats 
                listed under paragraph (2) according, first, to their 
                specificity and tactical immediacy.
                    ``(B) The Under Secretary shall, next, prioritize 
                threats according to--
                            ``(i) first, whether they pose a risk of 
                        significant loss of human life;
                            ``(ii) second, whether they pose a risk of 
                        large-scale denial of the means of human 
                        subsistence, including food or water supply; 
                        and
                            ``(iii) third, whether they pose a risk of 
                        massive disruption to one or more sectors of 
                        the economy of the United States.
    ``(f) Use of Funds.--
            ``(1) In general.--Grants under this section may be used 
        for--
                    ``(A) the purchase or upgrading of equipment;
                    ``(B) exercises to strengthen emergency response;
                    ``(C) training in the use of equipment; and
                    ``(D) training for prevention (including detection) 
                of, preparedness for, or response to attacks involving 
                weapons of mass destruction, regardless of their 
                perpetrators or sponsorship, including exercises to 
                strengthen emergency preparedness of State, regional, 
                and local first responders.
            ``(2) Prohibited uses.--Grant funds under this section may 
        not be used to supplant State or local funds that would, in the 
        absence of Federal aid, be available for homeland security or 
        other first responder related projects.
                    ``(A) Construction.--Grants awarded under this 
                section may not be used to construct buildings or other 
                physical facilities, except those described in section 
                611 of the Disaster Relief Act of 1974 (42 U.S.C. 
                5196), or to acquire land.
                    ``(B) Cost sharing.--Grant funds provided under 
                this section shall not be used for any State or local 
                government cost sharing contribution request under this 
                section.
            ``(3) Flexibility in unspent homeland security grant 
        funds.--Upon request by a grantee under this section, the 
        Secretary may authorize the grantee to transfer all or part of 
        funds provided as a grant under this section, from uses 
        specified in the grant to other uses authorized under this Act, 
        if the Secretary determines that such transfer is in the 
        interests of homeland security.
    ``(g) State and Regional Responsibilities.--
            ``(1) Pass-through.--The Secretary shall require a 
        recipient of a grant under this section that is a State or 
        multi-State entity to provide to local governments, first 
        responders, and other local groups, consistent with homeland 
        security plans specified in the application for the grant, not 
        less than 80 percent of the grant funds, resources purchased 
        with the grant funds having a value equal to at least 80 
        percent of the amount of the grant, or a combination thereof, 
        by not later than the end of the 45-day period beginning on the 
        date the grant recipient receives the grant funds.
            ``(2) Cost sharing.--
                    ``(A) In general.--The Federal share of the costs 
                of an activity carried out with a grant to a State or 
                region under this section shall not exceed 75 percent.
                    ``(B) Effective date.--The matching requirement 
                under subparagraph (A) shall take effect 2 years after 
                the date of enactment of this Act.
            ``(3) Report on homeland security spending.--Each recipient 
        of a grant under this section shall annually submit a report to 
        the Secretary that contains the following information:
                    ``(A) The amount and the dates of receipt of all 
                grant funds received.
                    ``(B) The amount and the dates of disbursements of 
                all funds expended in compliance with subsection (g)(1) 
                or pursuant to mutual aid agreements or other sharing 
                arrangements that apply within a region.
                    ``(C) How the funds were utilized by each ultimate 
                recipient or beneficiary.
    ``(h) Incentives to Efficient Administration of Homeland Security 
Grants.--
            ``(1) Penalties for failure to provide local share.--If a 
        grant recipient under this section that is a State or multi-
        State entity fails to provide to local governments, first 
        responders, and other local groups funds or resources as 
        required by subsection (g)(1) within 45 days after receiving 
        grant funds under this section, the Secretary may--
                    ``(A) reduce grant payments to the grant recipient 
                from the portion of grant funds that is not required to 
                be provided under subsection (g)(1);
                    ``(B) terminate payment of grant funds under this 
                section to the recipient, and transfer the appropriate 
                portion of those funds directly to local first 
                responders that were intended to receive funding under 
                that grant; or
                    ``(C) impose additional restrictions or burdens on 
                the recipient's use of grant funds under this section, 
                which may include--
                            ``(i) prohibiting use of such funds to pay 
                        the grant recipient's grant-related overtime or 
                        other expenses;
                            ``(ii) requiring the grant recipient to 
                        distribute to local government beneficiaries 
                        all or a portion of grant funds that are not 
                        required to be provided under subsection 
                        (g)(1); or
                            ``(iii) for each day that the grant 
                        recipient fails to provide funds or resources 
                        in accordance with subsection (g)(1), reducing 
grant payments to the grant recipient from the portion of grant funds 
that is not required to be provided under subsection (g)(1), except 
that the total amount of such reduction may not exceed 20 percent of 
the total amount of the grant.
            ``(2) Provision of non-local share to local government.--
        (A) The Secretary, acting through the Office for State and 
        Local Government Coordination, may upon request by a local 
        government pay to the local government a portion of the amount 
        of a grant to a State or multi-State entity in the jurisdiction 
        of which the local government is located, if--
                    ``(i) the local government will use the amount paid 
                to expedite planned enhancements to its homeland 
                security-related readiness; and
                    ``(ii) the State or multi-State entity has failed 
                to provide funds or resources in accordance with 
                subsection (g)(1).
            ``(B) To receive a payment under this paragraph, a local 
        government must demonstrate that--
                    ``(i) it is identified explicitly as an ultimate 
                recipient or intended beneficiary in the approved grant 
                application submitted by the grantee;
                    ``(ii) it was intended by the grantee to receive a 
                severable portion of the overall grant for a specific 
                purpose that is identified in the grant application;
                    ``(iii) it petitioned the grantee for the funds or 
                resources after expiration of the period within which 
                the funds or resources were required to be provided 
                under subsection (g)(1); and
                    ``(iv) it did not receive the portion of the 
                overall grant that was earmarked or designated for its 
                use or benefit.
            ``(C) To obtain a payment under this paragraph, a local 
        government must provide a copy of the original application.
            ``(D) Payment of grant funds to a local government under 
        this paragraph--
                    ``(i) shall not affect any payment to another local 
                government under this paragraph; and
                    ``(ii) shall not prejudice consideration of a 
                request for payment under this paragraph that is 
                submitted by another local government.
            ``(E) The Office for State and Local Government 
        Coordination shall approve or disapprove each request for 
        payment under this paragraph by not later than 15 days after 
        the date the request is received by the Office.
    ``(i) Reports Regarding Distribution of Grant Funds to Local 
Governments.--The recipient of a grant under this section shall report 
to the Secretary, by not later than 30 days after the expiration of the 
period described in subsection (g)(1) with respect to the grant, 
regarding the speed of distribution of grant funds and resources to 
local governments, first responders, and other local groups pursuant to 
subsection (g)(1).
    ``(j) Reports to Congress.--The Secretary shall submit an annual 
report to the Select Committee on Homeland Security of the House of 
Representatives and the Committee on Governmental Affairs of the 
Senate--
            ``(1) describing in detail the amount of Federal funds 
        provided as grants under this section that were directed to 
        each State and region; and
            ``(2) containing information on the use of such grant funds 
        by grantees.
    ``(k) Definitions.--For purposes of this section:
            ``(1) First responder.--The term `first responder' means--
                    ``(A) fire, emergency medical service, and law 
                enforcement personnel; and
                    ``(B) such other personnel as are identified by the 
                Secretary.
            ``(2) Homeland security plan.--The term `homeland security 
        plan' means a 3-year plan developed by a State to--
                    ``(A) assess a State's risks, threats, and 
                vulnerabilities to acts of terrorism;
                    ``(B) determine a State's capabilities to respond 
                to acts of terrorism; and
                    ``(C) set priorities for the allocation of grant 
                funds received under this section.
            ``(3) Under secretary.--The term `Under Secretary' means 
        the Under Secretary for Information Analysis and Infrastructure 
        Protection.
            ``(4) Region.--The term `region' means a multi-State or 
        intra-State entity, established by law or by agreement of two 
        or more governments or governmental agencies in a mutual aid 
        agreement.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting at the end of the items relating to subtitle A of title VIII 
the following:

``Sec. 802. Faster and smarter funding for first responders.''.

SEC. 4. ADVISORY COUNCIL ON FIRST RESPONDERS.

    (a) In General.--Subtitle A of title VIII of the Homeland Security 
Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is further 
amended by adding at the end the following:

``SEC. 803. ADVISORY COUNCIL ON FIRST RESPONDERS.

    ``(a) Establishment.--The Secretary shall establish the Advisory 
Council on First Responders, which shall report to the Secretary 
through the head of the Office of State and Local Government 
Coordination (in this section referred to as the `Advisory Council').
    ``(b) Functions.--The Advisory Council shall--
            ``(1) advise the Secretary as to whether there is a need 
        for a Federal standard with respect to any particular first 
        responder equipment or training; and
            ``(2) have such additional responsibilities as the 
        Secretary may assign in furtherance of the Department's 
        homeland security mission with respect to enhancing the 
        capabilities of State and local first responders.
    ``(c) Membership.--
            ``(1) In general.--The Advisory Council shall consist of 
        members appointed by the Secretary and shall--
                    ``(A) represent a cross section of first responder 
                disciplines; and
                    ``(B) include both State and local representatives 
                within each discipline.
            ``(2) Selection of members.--The Secretary--
                    ``(A) shall include in the membership of the 
                Advisory Council--
                            ``(i) members selected from traditional 
                        first responder fields, including firefighters, 
                        police, and emergency management personnel;
                            ``(ii) experts representing hospitals 
                        (including emergency and inpatient medical 
                        service providers), the public health 
                        profession, and public works; and
                    ``(B) may include in the membership of the Advisory 
                Council, at the Secretary's discretion, elected State 
                and local officials with demonstrable expertise in 
                homeland security-related matters.
    ``(d) Meetings.--The Advisory Council shall meet not less than 
quarterly.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further 
amended by inserting at the end of the items relating to subtitle A of 
title VIII the following:

``Sec. 803. Advisory Council on First Responders.''.

SEC. 5. MODIFICATION OF HOMELAND SECURITY ADVISORY SYSTEM.

    (a) In General.--Subtitle A of title II of 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 require that any 
designation of a threat level or other warning shall be accompanied by 
a designation of the geographic regions and economic sectors to which 
the designation applies.
    ``(b) Reports.--The Secretary shall report annually to the Congress 
regarding the geographic region-specific and economic sector-specific 
warnings issued in the preceding year under the Homeland Security 
Advisory System referred to in section 201(d)(7), and the bases for 
such warnings. This report shall be submitted in unclassified form and 
may, as necessary, include a classified annex.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting at the end of the items relating to subtitle A of title II 
the following:

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

SEC. 6. INFORMATION SHARING WITH STATE AND LOCAL GOVERNMENTS.

    (a) In General.--Subtitle I of title VIII of the Homeland Security 
Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is further 
amended by adding at the end the following:

``SEC. 893. REPORTS ON INFORMATION SHARING WITH STATE AND LOCAL 
              GOVERNMENTS.

    ``(a) In General.--The Secretary shall report to the Congress 
annually on the following:
            ``(1) The number and level of security clearances granted 
        by Federal agencies to State and local government officials.
            ``(2) The number of State and local government officials 
        who have sought to be cleared by Federal agencies for such 
        access.
            ``(3) The number of instances in which State and local 
        government officials were granted by Federal agencies 
        situational access to classified information based only on 
        signing a Federal non-disclosure form.
            ``(4) The fastest, slowest, and average times it took to 
        make security clearance determinations for State and local 
        government officials.
            ``(5) Any instance in which access to classified 
        information was denied to State or local government officials 
        whose employing governments had sought such access for them and 
        the reasons therefor.
            ``(6) All entities that conduct clearance processing for 
        the Department, including private contractors.''.
    (b) First Report.--The Secretary of Homeland Security shall submit 
the first report under the amendment made by subsection (a) by not 
later than 6 months after the date of the enactment of this Act.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further 
amended by inserting at the end of the items relating to subtitle A of 
title VIII the following:

``Sec. 893. Reports on information sharing with state and local 
                            governments.''.

SEC. 7. SPECTRUM FOR FIRST RESPONDER COMMUNICATIONS.

    (a) In General.--The Under Secretary for Science and Technology of 
the Department of Homeland Security shall conduct a study of whether 
there is a need to assign additional bands of frequencies of 
electromagnetic spectrum to assist and enable State and local first 
responders in meeting their needs associated with a catastrophic 
regional or national emergency.
    (b) Report.--The Under Secretary shall