[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 930 Reported in Senate (RS)]






                                                       Calendar No. 433
108th CONGRESS
  2d Session
                                 S. 930

                          [Report No. 108-227]

     To amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to establish a program to provide assistance to enhance 
   the ability of first responders to prepare for and respond to all 
                    hazards, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2003

  Mr. Inhofe (for himself and Mr. Jeffords) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

                           February 25, 2004

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

_______________________________________________________________________

                                 A BILL


 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to establish a program to provide assistance to enhance 
   the ability of first responders to prepare for and respond to all 
                    hazards, and for other purposes.

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

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

<DELETED>    This Act may be cited as the ``Emergency Preparedness and 
Response Act of 2003''.</DELETED>

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

<DELETED>    (a) Finding.--Congress finds that the Federal Government 
must enhance the ability of first responders to prepare for and respond 
to all hazards.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to establish within the Federal Emergency 
        Management Agency the Office of National 
        Preparedness;</DELETED>
        <DELETED>    (2) to establish a program to provide assistance 
        to enhance the ability of first responders to respond to all 
        hazards; and</DELETED>
        <DELETED>    (3) to address issues relating to urban search and 
        rescue task forces.</DELETED>

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

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

<DELETED>SEC. 4. PREPAREDNESS ASSISTANCE FOR FIRST 
              RESPONDERS.</DELETED>

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

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

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Director.--The term `Director' means the 
        Director of the Federal Emergency Management Agency.</DELETED>
        <DELETED>    ``(2) First responder.--The term `first responder' 
        means--</DELETED>
                <DELETED>    ``(A) fire, emergency medical service, and 
                law enforcement personnel; and</DELETED>
                <DELETED>    ``(B) such other personnel as are 
                identified by the Director.</DELETED>
        <DELETED>    ``(3) Local entity.--The term `local entity' has 
        the meaning given the term by regulation promulgated by the 
        Director.</DELETED>
        <DELETED>    ``(4) Program.--The term `program' means the 
        program established under subsection (b).</DELETED>
<DELETED>    ``(b) Program To Provide Assistance.--</DELETED>
        <DELETED>    ``(1) In general.--The Director shall establish a 
        program to provide assistance to States to enhance the ability 
        of State and local first responders to respond to all 
        hazards.</DELETED>
        <DELETED>    ``(2) Federal share.--The Federal share of the 
        costs eligible to be paid using assistance provided under the 
        program shall be not less than 75 percent, as determined by the 
        Director.</DELETED>
        <DELETED>    ``(3) Forms of assistance.--Assistance provided 
        under paragraph (1) may consist of--</DELETED>
                <DELETED>    ``(A) grants; and</DELETED>
                <DELETED>    ``(B) such other forms of assistance as 
                the Director determines to be appropriate.</DELETED>
<DELETED>    ``(c) Uses of Assistance.--Assistance provided under 
subsection (b)--</DELETED>
        <DELETED>    ``(1) shall be used--</DELETED>
                <DELETED>    ``(A) to purchase, to the maximum extent 
                practicable, interoperable equipment that is necessary 
                to respond to hazards;</DELETED>
                <DELETED>    ``(B) to train first responders, 
                consistent with guidelines and standards developed by 
                the Director;</DELETED>
                <DELETED>    ``(C) in consultation with the Director, 
                to develop, construct, or upgrade preparedness training 
                facilities;</DELETED>
                <DELETED>    ``(D) to develop, construct, or upgrade 
                emergency operating centers;</DELETED>
                <DELETED>    ``(E) to develop preparedness and response 
                plans consistent with Federal, State, and local 
                strategies, as determined by the Director;</DELETED>
                <DELETED>    ``(F) to provide systems and equipment to 
                meet communication needs, such as emergency 
                notification systems, interoperable equipment, and 
                secure communication equipment;</DELETED>
                <DELETED>    ``(G) to conduct exercises; and</DELETED>
                <DELETED>    ``(H) to carry out such other related 
                activities as are approved by the Director; 
                and</DELETED>
        <DELETED>    ``(2) shall not be used to provide compensation to 
        first responders (including payment for overtime).</DELETED>
<DELETED>    ``(d) Allocation of Funds.--For each fiscal year, in 
providing assistance under subsection (b), the Director shall make 
available--</DELETED>
        <DELETED>    ``(1) to each of the District of Columbia, Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands, $3,000,000; 
        and</DELETED>
        <DELETED>    ``(2) to each State (other than a State specified 
        in paragraph (1))--</DELETED>
                <DELETED>    ``(A) a base amount of $15,000,000; 
                and</DELETED>
                <DELETED>    ``(B) a percentage of the total remaining 
                funds made available for the fiscal year based on 
                criteria established by the Director, such as--
                </DELETED>
                        <DELETED>    ``(i) population; and</DELETED>
                        <DELETED>    ``(ii) location of vital 
                        infrastructure, including--</DELETED>
                                <DELETED>    ``(I) military 
                                installations;</DELETED>
                                <DELETED>    ``(II) public buildings 
                                (as defined in section 3301(a) of title 
                                40, United States Code);</DELETED>
                                <DELETED>    ``(III) nuclear power 
                                plants;</DELETED>
                                <DELETED>    ``(IV) chemical plants; 
                                and</DELETED>
                                <DELETED>    ``(V) national 
                                landmarks.</DELETED>
<DELETED>    ``(e) Provision of Funds to Local Governments and Local 
Entities.--For each fiscal year, not less than 75 percent of the 
assistance provided to each State under this section shall be provided 
to local governments and local entities within the State.</DELETED>
<DELETED>    ``(f) Administrative Expenses.--</DELETED>
        <DELETED>    ``(1) Director.--For each fiscal year, the 
        Director may use to pay salaries and other administrative 
        expenses incurred in administering the program not more than 
        the lesser of--</DELETED>
                <DELETED>    ``(A) 5 percent of the funds made 
                available to carry out this section for the fiscal 
                year; or</DELETED>
                <DELETED>    ``(B)(i) for fiscal year 2004, 
                $75,000,000; and</DELETED>
                <DELETED>    ``(ii) for each of fiscal years 2005 
                through 2007, $50,000,000.</DELETED>
        <DELETED>    ``(2) Recipients of assistance.--For each fiscal 
        year, not more than 10 percent of the funds retained by a State 
        after application of subsection (e) may be used to pay salaries 
        and other administrative expenses incurred in administering the 
        program.</DELETED>
<DELETED>    ``(g) Maintenance of Expenditures.--The Director may 
provide assistance to a State under this section only if the State 
agrees to maintain, and to ensure that each local government that 
receives funds from the State in accordance with subsection (e) 
maintains, for the fiscal year for which the assistance is provided, 
the aggregate expenditures by the State or the local government, 
respectively, for the uses described in subsection (c)(1) at a level 
that is at or above the average annual level of those expenditures by 
the State or local government, respectively, for the 2 fiscal years 
preceding the fiscal year for which the assistance is 
provided.</DELETED>
<DELETED>    ``(h) Reports.--</DELETED>
        <DELETED>    ``(1) Annual report to the director.--As a 
        condition of receipt of assistance under this section for a 
        fiscal year, a State shall submit to the Director, not later 
        than 60 days after the end of the fiscal year, a report on the 
        use of the assistance in the fiscal year.</DELETED>
        <DELETED>    ``(2) Exercise and report to congress.--As a 
        condition of receipt of assistance under this section, not 
        later than 3 years after the date of enactment of this section, 
        a State shall--</DELETED>
                <DELETED>    ``(A) conduct an exercise, or participate 
                in a regional exercise, approved by the Director, to 
                measure the progress of the State in enhancing the 
                ability of State and local first responders to respond 
                to all hazards; and</DELETED>
                <DELETED>    ``(B) submit a report on the results of 
                the exercise to--</DELETED>
                        <DELETED>    ``(i) the Committee on Environment 
                        and Public Works and the Committee on 
                        Appropriations of the Senate; and</DELETED>
                        <DELETED>    ``(ii) the Committee on 
                        Transportation and Infrastructure and the 
                        Committee on Appropriations of the House of 
                        Representatives.</DELETED>
<DELETED>    ``(i) Coordination.--</DELETED>
        <DELETED>    ``(1) With federal agencies.--The Director shall, 
        as necessary, coordinate the provision of assistance under this 
        section with activities carried out by appropriate Federal 
        agencies.</DELETED>
        <DELETED>    ``(2) With indian tribes.--In providing and using 
        assistance under this section, the Director and the States 
        shall, as appropriate, coordinate with--</DELETED>
                <DELETED>    ``(A) Indian tribes (as defined in section 
                4 of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b)) and other tribal 
                organizations; and</DELETED>
                <DELETED>    ``(B) Native villages (as defined in 
                section 3 of the Alaska Native Claims Settlement Act 
                (43 U.S.C. 1602)) and other Alaska Native 
                organizations.''.</DELETED>
<DELETED>    (b) Cost Sharing for Emergency Operating Centers.--Section 
614 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5196c) is amended--</DELETED>
        <DELETED>    (1) by inserting ``(other than section 630)'' 
        after ``carry out this title''; and</DELETED>
        <DELETED>    (2) by inserting ``(other than section 630)'' 
        after ``under this title''.</DELETED>

<DELETED>SEC. 5. URBAN SEARCH AND RESCUE TASK FORCES.</DELETED>

<DELETED>    Subtitle B of title VI of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) (as 
amended by section 4(a)) is amended by adding at the end the 
following:</DELETED>

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

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

<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 626 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5197e) is amended by striking 
subsection (a) and inserting the following:</DELETED>
<DELETED>    ``(a) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) In general.--There are authorized to be 
        appropriated such sums as are necessary to carry out this title 
        (other than sections 630 and 631).</DELETED>
        <DELETED>    ``(2) Preparedness assistance for first 
        responders.--There are authorized to be appropriated to carry 
        out section 630--</DELETED>
                <DELETED>    ``(A) $3,340,000,000 for fiscal year 2004; 
                and</DELETED>
                <DELETED>    ``(B) $3,458,000,000 for each of fiscal 
                years 2005 through 2007.</DELETED>
        <DELETED>    ``(3) Urban search and rescue task forces.--
        </DELETED>
                <DELETED>    ``(A) In general.--There are authorized to 
                be appropriated to carry out section 631--</DELETED>
                        <DELETED>    ``(i) $160,000,000 for fiscal year 
                        2004; and</DELETED>
                        <DELETED>    ``(ii) $42,000,000 for each of 
                        fiscal years 2005 through 2007.</DELETED>
                <DELETED>    ``(B) Availability of amounts.--Amounts 
                made available under subparagraph (A) shall remain 
                available until expended.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Preparedness and Response 
Act of 2003''.

SEC. 2. FINDING AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Federal Government must enhance the ability of 
        first responders to prepare for all hazards;
            (2) since becoming law, the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
        carried out by the Federal Emergency Management Agency, has 
        formed the basis of the consequence management and preparedness 
        system of the United States;
            (3) the Federal Emergency Management Agency has established 
        a Federal Response Plan to coordinate the efforts of 26 Federal 
        agencies;
            (4) in executing the Federal Response Plan, the Federal 
        Emergency Management Agency has extensive experience, a strong 
        working relationship, and an established record with State and 
        local first responders and State and local governments;
            (5) with the formation of the Department of Homeland 
        Security by the Homeland Security Act of 2002 (116 Stat. 2135), 
        the Federal Emergency Management Agency became part of the 
        Emergency Preparedness and Response Directorate of the 
        Department;
            (6) in order to maintain the existing capabilities of the 
        United States to respond to natural disasters and to upgrade 
        capabilities as necessary to respond to domestic terrorism 
        events, it is imperative that the Secretary of Homeland 
        Security establish national standards of preparedness and 
        response for all hazards, including weapons of mass destruction 
        consequence management;
            (7) an all-hazards approach to preparedness would provide 
        the most efficient use of taxpayer dollars by capitalizing on 
        dual-benefit actions, that is, actions that assist both 
        managing natural hazards and incidents of terrorism;
            (8) the Federal Government must build on the existing 
        capabilities of first responders to prepare for and respond to 
        all hazards;
            (9) consequence management grants, authorized by the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.), are 1 piece of a broader preparedness 
        program to provide assistance to first responders to prepare 
        for and respond to the consequences of natural disasters and 
        disasters caused by the actions of humans, such as incidents of 
        terrorism;
            (10) comprehensive, Federal-State-local all-hazards and 
        consequence management planning occurs on a regular basis to 
        maintain readiness of first responders; and
            (11) to ensure that Federal funds provided to States for 
        first responders are coordinated with other homeland security-
        related funding streams, the grantmaking functions within the 
        Department of Homeland Security should be consolidated in the 
        office of the Secretary.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish a program to provide assistance to enhance 
        the ability of first responders to respond to all hazards; and
            (2) to address issues relating to urban search and rescue 
        task forces.

SEC. 3. DEFINITIONS.

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

SEC. 4. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

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

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

    ``(a) Definitions.--In this section:
            ``(1) 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) Local entity.--The term `local entity' has the 
        meaning given the term by regulation promulgated by the 
        Secretary.
            ``(3) Program.--The term `program' means the program 
        established under subsection (b).
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
    ``(b) Program To Provide Assistance.--
            ``(1) In general.--The Secretary shall establish a program 
        to provide assistance to States to enhance the ability of State 
        and local first responders to respond to all hazards.
            ``(2) Federal share.--
                    ``(A) In general.--The Federal share of the costs 
                eligible to be paid using assistance provided under the 
                program shall be not less than 75 percent, as 
                determined by the Secretary.
                    ``(B) Increase.--The Federal share shall be 
                increased to not less than 90 percent in the case of a 
                grant recipient that the Secretary determines is 
                economically distressed.
            ``(3) Forms of assistance.--Assistance provided under 
        paragraph (1) may consist of--
                    ``(A) grants; and
                    ``(B) such other forms of assistance as the 
                Secretary determines to be appropriate.
    ``(c) Uses of Assistance.--
            ``(1) In general.--Assistance provided under subsection 
        (b)--
                    ``(A) shall be used--
                            ``(i) to purchase, to the maximum extent 
                        practicable, interoperable equipment that is 
                        necessary to respond to hazards;
                            ``(ii) to train first responders, 
                        consistent with guidelines and standards 
                        developed by the Secretary;
                            ``(iii) in consultation with the Secretary, 
                        to develop, construct, or upgrade preparedness 
                        training facilities;
                            ``(iv) to develop, construct, or upgrade 
                        emergency operating centers;
                            ``(v) to develop preparedness and response 
                        plans consistent with Federal, State, and local 
                        strategies, as determined by the Secretary;
                            ``(vi) to provide systems and equipment to 
                        meet communication needs, such as emergency 
                        notification systems, interoperable equipment, 
                        and secure communication equipment;
                            ``(vii) to conduct exercises;
                            ``(viii) to carry out such other related 
                        activities as are approved by the Secretary; 
                        and
                            ``(ix) to develop State, regional, or local 
                        mutual aid agreements; and
                    ``(B) shall not be used to provide compensation to 
                first responders (including payment for overtime) 
                except, at the discretion of the Secretary, to provide 
                compensation to first responders for overtime 
                expenses--
                            ``(i) incurred during the elevated threat 
                        levels of code orange and code red of the 
                        Homeland Security Advisory System; or
                            ``(ii) relating to training activities 
                        consistent with the goals outlined in a State 
                        homeland security plan.
            ``(2) Standards; guidance.--The Secretary shall--
                    ``(A) develop standards for the uses described in 
                paragraph (1); and
                    ``(B) provide guidance to first responders so that, 
                to the maximum extent practicable, any grant provided 
                will be used in a manner that is consistent with those 
                standards.
    ``(d) Homeland Security Plan.--
            ``(1) In general.--To receive funds under subsection (e), 
        the Governor shall submit to, and receive approval from, the 
        Secretary for a 3-year State homeland security plan (referred 
        to in this subsection as the `plan') to respond to terrorist 
        attacks and strengthen all-hazards emergency planning.
            ``(2) Strategy.--The plan shall establish a 3-year strategy 
        to set priorities for the allocation of funding to political 
        subdivisions based on risk, capability, and need.
    ``(e) Allocation of Funds.--For each fiscal year, in providing 
assistance under subsection (b), the Secretary shall make available--
            ``(1) to each of Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, and the Commonwealth of the Northern Mariana 
        Islands, the lesser of--
                    ``(A) $3,000,000; or
                    ``(B) 0.25 percent of the amount made available to 
                carry out this section for a fiscal year; and
            ``(2) to each State (other than a State specified in 
        paragraph (1)) and the District of Columbia--
                    ``(A) a base amount of that is equal to the greater 
                of--
                            ``(i) $15,000,000; or
                            ``(ii) 0.75 percent of the amount made 
                        available to carry out this section for a 
                        fiscal year; and
                    ``(B) a percentage of the total remaining funds 
                made available for the fiscal year based on high-threat 
                areas and other vulnerability criteria established by 
                the Secretary, including--
                            ``(i) the State homeland security plan 
                        required under subsection (d);
                            ``(ii) population (including tourist 
                        population);
                            ``(iii) location of critical 
                        infrastructure, including--
                                    ``(I) military installations;
                                    ``(II) nuclear power plants;
                                    ``(III) chemical and other 
                                hazardous material containing 
                                facilities; and
                                    ``(IV) location of ports;
                            ``(iv) location of public buildings (as 
                        defined in section 3301(a) of title 40, United 
                        States Code);
                            ``(v) location of sites of national 
                        significance selected by the Secretary based 
                        on--
                                    ``(I) reasonable likelihood that 
                                the site will be a target of terrorism; 
                                and
                                    ``(II) protection of public health, 
                                welfare, environment, critical 
                                infrastructure, and national security;
                            ``(vi) proximity to international borders;
                            ``(vii) known or suspected threat areas, 
                        including areas that have been the target of 
                        previous terrorist attacks; and
                            ``(viii) areas in which large numbers of 
                        people congregate.
                    ``(C) Direct funding.--
                            ``(i) In general.--Of the funds made 
                        available under subparagraph (B), the Secretary 
                        shall provide not less than 10 percent of the 
                        funds directly to local governments or local 
                        government entities.
                            ``(ii) Recommendations.--
                                    ``(I) In general.--The Governor of 
                                each State may recommend to the 
                                Secretary not fewer than 5 local 
                                governments or local government 
                                entities to receive assistance under 
                                this section.
                                    ``(II) Considerations.--In making 
                                recommendations under subclause (I), 
                                the Governor shall consider the 
                                criteria specified in subparagraph (B).
                            ``(iii) Selection.--The Secretary shall 
                        select local governments and local government 
                        entities to receive funds under this subsection 
                        from those local governments and local 
                        government entities nominated by the Governors, 
                        except that the Secretary may select a local 
                        government or local government entity that has 
                        not been nominated by a Governor if the 
                        Secretary determines that--
                                    ``(I) extraordinary circumstances 
                                justify the selection; and
                                    ``(II) making the selection will 
                                further the purposes of this section.
                            ``(iv) Failure to nominate.--If a Governor 
                        of a State fails to submit recommendations 
                        under this subparagraph in a timely manner, the 
                        President may select, subject to the criteria 
                        specified in subparagraph (B), any local 
                        governments or local government entities of the 
                        State to receive assistance under this 
                        paragraph.
    ``(f) Provision of Funds to Local Governments and Local Entities.--
            ``(1) In general.--For each fiscal year, not later than 45 
        days after the date on which a State receives grant funds under 
        this section, the State shall provide not less than 80 percent 
        of the amount of the grant funds received to local governments 
        and local entities within the State.
            ``(2) Direct funding.--If a State fails to substantially 
        comply with any provision of this section, including failing to 
        provide local governments with grant funds or resources 
        purchased with grant funds in a timely fashion, a local 
        government entitled to receive those grant funds or resources 
        may petition the Secretary, at such time and in such manner as 
        the Secretary may determine, to request that grant funds or 
        resources be provided directly to the local government.
    ``(g) Administrative Expenses.--For each fiscal year, not more than 
10 percent of the funds retained by a State after application of 
subsection (f) may be used to pay salaries and other administrative 
expenses incurred in administering the program.
    ``(h) Maintenance of Expenditures.--The Secretary may provide 
assistance to a State under this section only if the State agrees to 
maintain, and to ensure that each local government that receives funds 
from the State in accordance with subsection (f) maintains, for the 
fiscal year for which the assistance is provided, the aggregate 
expenditures by the State or the local government, respectively, for 
the uses described in subsection (c)(1) at a level that is at or above 
the average annual level of those expenditures by the State or local 
government, respectively, for the 2 fiscal years preceding the fiscal 
year for which the assistance is provided.
    ``(i) Reports.--
            ``(1) Annual report to the secretary.--As a condition of 
        receipt of assistance under this section for a fiscal year, a 
        State shall submit to the Secretary, not later than 60 days 
        after the end of the fiscal year, a report on the use of the 
        assistance in the fiscal year.
            ``(2) Exercise and report to congress.--As a condition of 
        receipt of assistance under this section, not later than 3 
        years after the date of enactment of this section, a State 
        shall--
                    ``(A) conduct an exercise, or participate in a 
                regional exercise, approved by the Secretary, to 
                measure the progress of the State in enhancing the 
                ability of State and local first responders to respond 
                to all hazards; and
                    ``(B) submit a report on the results of the 
                exercise to--
                            ``(i) the Committee on Environment and 
                        Public Works and the Committee on 
                        Appropriations of the Senate; and
                            ``(ii) the Committee on Transportation and 
                        Infrastructure and the Committee on 
                        Appropriations of the House of Representatives.
    ``(j) Coordination.--
            ``(1) With federal agencies.--The Secretary shall, as 
        necessary, coordinate the provision of assistance under this 
        section with activities carried out by appropriate Federal 
        agencies.
            ``(2) With indian tribes.--In providing and using 
        assistance under this section, the Secretary and the States 
        shall, as appropriate, coordinate with--
                    ``(A) Indian tribes (as defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450b)) and other tribal organizations; and
                    ``(B) Native villages (as defined in section 3 of 
                the Alaska Native Claims Settlement Act (43 U.S.C. 
                1602)) and other Alaska Native organizations.''.
    (b) Cost Sharing for Emergency Operating Centers.--Section 614 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5196c) is amended--
            (1) by inserting ``(other than section 630)'' after ``carry 
        out this title''; and
            (2) by inserting ``(other than section 630)'' after ``under 
        this title''.

SEC. 5. URBAN SEARCH AND RESCUE TASK FORCES.

    Subtitle B of title VI of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5197 et seq.) (as amended by 
section 4(a)) is amended by adding at the end the following:

``SEC. 631. URBAN SEARCH AND RESCUE TASK FORCES.

    ``(a) Definitions.--In this section:
            ``(1) Urban search and rescue equipment.--The term `urban 
        search and rescue equipment' means any equipment that the 
        Secretary determines to be necessary to respond to a major 
        disaster or emergency declared by the President under this Act.
            ``(2) Urban search and rescue task force.--The term `urban 
        search and rescue task force' means any of the 28 urban search 
        and rescue task forces designated by the Secretary as of the 
        date of enactment of this section.
    ``(b) Assistance.--
            ``(1) Mandatory grants for costs of operations.--For each 
        fiscal year, of the amounts made available to carry out this 
        section, the Secretary shall provide to each urban search and 
        rescue task force a grant of not less than $1,500,000 to pay 
        the costs of operations of the urban search and rescue task 
        force (including costs of basic urban search and rescue 
        equipment).
            ``(2) Discretionary grants.--The Secretary may provide to 
        any urban search and rescue task force a grant, in such amount 
        as the Secretary determines to be appropriate, to pay the costs 
        of--
                    ``(A) operations in excess of the funds provided 
                under paragraph (1);
                    ``(B) urban search and rescue equipment;
                    ``(C) equipment necessary for an urban search and 
                rescue task force to operate in an environment 
                contaminated or otherwise affected by a weapon of mass 
                destruction;
                    ``(D) training, including training for operating in 
                an environment described in subparagraph (C);
                    ``(E) transportation;
                    ``(F) expansion of the urban search and rescue task 
                force; and
                    ``(G) incident support teams, including costs of 
                conducting appropriate evaluations of the readiness of 
                the urban search and rescue task force.
            ``(3) Priority for funding.--The Secretary shall distribute 
        funding under this subsection so as to ensure that each urban 
        search and rescue task force has the capacity to deploy 
        simultaneously at least 2 teams with all necessary equipment, 
        training, and transportation.
    ``(c) Grant Requirements.--The Secretary shall establish such 
requirements as are necessary to provide grants under this section.
    ``(d) Establishment of Additional Urban Search and Rescue Task 
Forces.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        may establish urban search and rescue task forces in addition 
        to the 28 urban search and rescue task forces in existence on 
        the date of enactment of this section.
            ``(2) Requirement of full funding of existing urban search 
        and rescue task forces.--Except in the case of an urban search 
        and rescue task force designated to replace any urban search 
        and rescue task force that withdraws or is otherwise no longer 
        considered to be an urban search and rescue task force 
        designated by the Secretary, no additional urban search and 
        rescue task forces may be designated or funded until the 28 
        urban search and rescue task forces are able to deploy 
        simultaneously at least 2 teams with all necessary equipment, 
        training, and transportation.
    ``(e) Study.--Not later than 180 days after the date of enactment 
of this section, the Secretary shall conduct, and submit to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report describing the results of, a study that--
            ``(1) evaluates the level of need for minimum capability 
        urban search and rescue teams (known as `USAR-lights') in major 
        metropolitan areas throughout the United States;
            ``(2) identifies locations in which such a capability would 
        significantly improve the ability to respond effectively to an 
        incident; and
            ``(3) identifies the equipment and staffing that would be 
        required to provide a short-term, immediate response while 
        waiting for a full USAR team to arrive.''.

SEC. 6. STUDY OF EMERGENCY RESPONSE COMMUNICATIONS SYSTEM.

    Title VII of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5201 et seq.) is amended by adding at the end 
the following:

``SEC. 706. STUDY OF EMERGENCY RESPONSE COMMUNICATIONS SYSTEM.

    ``(a) In General.--In consultation with the Federal Communications 
Commission, the National Institute of Standards and Technology, and the 
Secretary of Defense, the Secretary of Homeland Security shall conduct 
a study to determine the resources that are needed for development of 
an effective nationwide communications system for emergency response 
personnel.
    ``(b) Report.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this section, the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the study.
            ``(2) Review of use of spectrum.--The report shall include 
        a review of use of the digital spectrum or the analog spectrum 
        as a key component to meeting the urgent communications needs 
        of the emergency response personnel of the United States.''.

SEC. 7. NON-HOMELAND SECURITY MISSION PERFORMANCE REPORT.

    (a) Report by the Secretary.--
            (1) In general.--To ensure that the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
        seq.) continues to be administered by the Federal Emergency 
        Management Agency in an effective manner after the Agency's 
        inclusion in the Department of Homeland Security, Emergency 
        Preparedness and Response Directorate, the Secretary of 
        Homeland Security shall annually submit to Congress a report 
        that addresses the continuation of non-homeland security 
        functions at the Federal Emergency Management Agency.
            (2) Contents.--The report shall--
                    (A) to the maximum extent practicable, provide an 
                inventory of the non-homeland security functions of the 
                entity, and identify the capabilities of the entity 
                with respect to those functions, including--
                            (i) the number of employees carrying out 
                        those functions;
                            (ii) the budget for those functions; and
                            (iii) the flexibilities, personnel or 
                        otherwise, used to carry out those functions;
                    (B) contain information relating to the roles, 
                responsibilities, organizational structure, 
                capabilities, personnel assets, and annual budgets, 
                specifically with respect to the capabilities of the 
                entity to accomplish non-homeland security functions 
                without any diminishment;
                    (C) contain information relating to whether any 
                changes are required to the roles, responsibilities, 
                functions, organizational structure, modernization 
                programs, projects, activities, recruitment and 
                retention programs, and annual fiscal resources to 
                enable the entity to accomplish non-homeland security 
                functions without diminishment; and
                    (D) describe the strategy that the Department will 
                use for the performance of non-homeland security 
                functions and homeland security functions.
    (b) Evaluations by the Comptroller General.--
            (1) In general.--The Comptroller General of the United 
        States shall monitor and evaluate the implementation of this 
        section.
            (2) Reports.--Not later than 60 days after the date of 
        enactment of this Act, and annually thereafter during the 
        succeeding 5-year period, the Comptroller General of the United 
        States shall submit to the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report that 
        contains--
                    (A) an evaluation of the implementation progress 
                reports submitted under this section;
                    (B) the findings and conclusions of the Comptroller 
                General of the United States resulting from the 
                monitoring and evaluation conducted under this 
                subsection, including evaluations of how successfully 
                the Department of Homeland Security is meeting the non-
                homeland security functions of the Department; and
                    (C) any recommendations for legislation or 
                administrative action that the Comptroller General of 
                the United States considers to be appropriate.
    (c) Performance Reports.--In each report submitted under section 
1116 of title 31, United States Code, the Secretary of Homeland 
Security shall--
            (1) clarify homeland security and non-homeland security 
        function performance; and
            (2) fully describe and evaluate the performance of homeland 
        and non-homeland security functions and goals.

SEC. 8. OFFICE FOR DOMESTIC PREPAREDNESS.

    Section 430 of the Homeland Security Act of 2002 (6 U.S.C. 238) is 
amended--
            (1) by redesignating section 238 as section 802 and moving 
        that section so as to appear at the end of subtitle A of title 
        VIII of that Act;
            (2) in section 802 (as redesignated by paragraph (1))--
                    (A) in subsection (a), by striking ``the 
                Directorate of Border and Transportation Security'' and 
                inserting ``the Office for State and Local Government 
                Coordination'';
                    (B) in subsection (b), by striking ``who shall be 
                appointed by the President'' and all that follows and 
                inserting ``who shall report directly to the Director 
                of State and Local Government Coordination.''; and
                    (C) in subsection (c)--
                            (i) in paragraph (7)--
                                    (I) by striking ``other'' and 
                                inserting ``the''; and
                                    (II) by striking ``consistent with 
                                the mission and functions of the 
                                Directorate''; and
                            (ii) in paragraph (8), by inserting 
                        ``carrying out'' before ``those elements''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    Section 626 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5197e) is amended by striking subsection (a) 
and inserting the following:
    ``(a) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        such sums as are necessary to carry out this title (other than 
        section 631).
            ``(2) Urban search and rescue task forces.--
                    ``(A) In general.--There are authorized to be 
                appropriated to carry out section 631--
                            ``(i) $160,000,000 for fiscal year 2004; 
                        and
                            ``(ii) $42,000,000 for each of fiscal years 
                        2005 through 2007.
                    ``(B) Availability of amounts.--Amounts made 
                available under subparagraph (A) shall remain available 
                until expended.''.




                                                       Calendar No. 433

108th CONGRESS

  2d Session

                                 S. 930

                          [Report No. 108-227]

_______________________________________________________________________

                                 A BILL

     To amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to establish a program to provide assistance to enhance 
   the ability of first responders to prepare for and respond to all 
                    hazards, and for other purposes.

_______________________________________________________________________

                           February 25, 2004

                       Reported with an amendment