[Congressional Record Volume 147, Number 173 (Thursday, December 13, 2001)]
[Senate]
[Pages S13148-S13150]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CLELAND (for himself, Mr. Rockefeller, and Mr. Wyden):
  S. 1820. A bill to enhance authorities relating to emergency 
preparedness grants; to the Committee on Commerce, Science, and 
Transportation.
  Mr. CLELAND. Mr. President, the horrific events of September 11 
underscore in red the heroism of the men and women who put their lives 
on the line every day, the courageous fire fighters and police officers 
of this Nation, the domestic defenders of America. Each and every day, 
fire fighters and police officers wake up knowing that they may have to 
run into burning buildings or respond to chemical or biological 
attacks. As thousands and thousands of

[[Page S13149]]

people were running for their lives out of the World Trade Center and 
the Pentagon, police officers and fire fighters were running in the 
opposite direction, into the danger and toward the people who could not 
save themselves. Tragically, many of those first responders did not 
come out. Sixty police officers and 344 fire fighters are missing or 
have been declared dead in the World Trade Center attacks. The majority 
of the fire fighters who responded to the first five alarms of the 
terrorist attacks, including the city's entire search and rescue fleet 
of five squad companies, were in the Twin Towers when they collapsed. 
They are, by any definition, heroes.
  We ask for a tremendous amount of responsibility from a small group 
of people. Fire fighters and police officers are the first responders 
to almost every tragedy imaginable. From car accidents to plane 
crashes, from kitchen fires to towering infernos, from domestic 
disputes to hazardous material spills, we depend upon their service and 
training each and every day. This Nation's fire fighters and police 
officers stand ready to respond to the needs of America. The terrible 
tragedy of September 11 is a daily reminder of how critical it is that 
America respond to the needs of its first responders.
  For the last three months our Nation has focused on how we may best 
increase the security of our borders. During this time, experts on 
terrorism have warned us to think outside the box, that if we fail to 
do so, this Nation will put itself in the vulnerable position of 
forever responding to the last terrorist attack. The number of anthrax 
cases is a warning in red that biological and chemical agents are 
available as weapons of mass destruction. Given this fact, the capacity 
of our police officers and fire fighter to respond quickly to 
emergencies involving hazardous materials becomes more important than 
ever.
  The U.S. Department of Transportation administers the Emergency 
Preparedness Grants Program, which helps State local governments train 
police and fire fighters to respond to hazmat emergencies. Currently 
that program is funded at $14 million, and the money comes from 
registration fees paid by certain hazmat carriers and shippers. Given 
the growing need for expertise in handling hazardous materials, the $14 
million pot of money is clearly inadequate. It is estimated that 
current funding can provide training to only about 120,000 emergency 
personnel a year out of a pool of almost 3 million. Grants to local 
governments are small, ranging from $100,000 to $300,000 on average. In 
fact, a recent Washington Post article stated that Washington, D.C. is 
supposed to have a fire department team to respond to a chemical or 
biological attack, but according to the article, its members rarely 
train, and are used instead for routine firefighting.
  Because money has never been fully allocated for hazmat training 
grants, there is a current $15 million surplus in the Emergency 
Preparedness Grants Program. This is $15 million which could be going 
for critical first responder training. Today I am joined by Senators 
Rockefeller and Wyden in introducing the Heroic Emergency Response 
Operations Act, the HERO bill, which would allow the Department of 
Transportation to access the $15 million in surplus funds, at no cost 
to the taxpayer, and disperse the lion's share of this money to State 
and local governments for hazmat training of the men and women who are 
at ground zero during emergencies involving hazardous materials.
  Under our legislation, $1 million of the $15 million surplus would be 
authorized to go to the International Association of Fire Fighters, 
IAFF, which provides specialized hazmat training free of charge to 
local fire departments. According to the IAFF, funding of $1 million 
per year would quadruple the number of fire fighters who receive the 
necessary training to safeguard their health and safety as well as that 
of the citizens they protect during emergency response at or along our 
Nation's transportation corridor. In addition, the HERO bill would also 
require the Department of Transportation to develop national standards 
for security training related to the deliberate release of hazardous 
materials used as weapons of mass destruction. These standards would be 
in addition to the existing standards which address emergency response 
to accidental hazmat spills which may occur during the transportation 
of hazardous materials.
  In this era of potential chemical and biological attacks, we need to 
do everything we can to ensure that our local police officers and fire 
fighters receive the proper training to do the difficult job we ask 
them to do. We in Congress must do all we can to help the first 
responders of this Nation because they do everything they can to help 
us, including giving their lives in the line of duty, as we are 
painfully reminded by the tragic events of September 11. Our 
legislation is endorsed by the International Association of Fire 
Fighters, IAFF, and the International Brotherhood of Police Officers, 
IBPO. I ask unanimous consent that the text of the HERO bill be printed 
in the Record.
  There being no objection, the bill was ordered to the printed in the 
Record, as follows.

                                S. 1820

       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 ``Heroic Emergency Response 
     Operations Act'' or ``HERO Act''.

     SEC. 2. ENHANCEMENT OF EMERGENCY PREPAREDNESS GRANTS.

       (a) Security Training for Transportation of Hazardous 
     Material.--Subsection (i) of section 5116 of title 49, United 
     States Code, is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) to develop minimum national standards for, and to 
     develop and conduct, security training relating to the 
     transportation of hazardous material in commerce, except that 
     not more than 5 percent of the amount in the account 
     available in any fiscal year may be used for activities under 
     this paragraph.''.
       (b) Amount Available for Supplemental Training Grants.--
     Subsection (j) of that section is amended by adding at the 
     end the following new paragraph:
       ``(6) The amount made available each fiscal year from the 
     account under subsection (i)(1) for grants under this 
     subsection shall be $1,000,000.''.
       (c) Availability of Funds Generally.--Notwithstanding any 
     limitation in section 5127 of title 49, United States Code, 
     or in any appropriations Act (including any appropriations 
     Act enacted after the date of the enactment of this Act), all 
     fees collected pursuant to section 5108 of that title, 
     including any fees collected before the date of the enactment 
     of this Act that remain available for obligation, shall be 
     available for obligation, without further appropriation in 
     accordance with section 5116(i) of that title, as amended by 
     subsection (a).

  Mr. ROCKEFELLER. Mr. President, it is my distinct pleasure to join my 
friend from Georgia, Senator Cleland, in cosponsoring the Heroic 
Emergency Response Operations, or HERO, Act. The legislation we 
introduce today honors individuals whom the tragic events of the past 
few months have truly shown to be heroes, our firefighters and police 
officers. The HERO Act honors these men and women by providing grants 
to State and local governments to allow there dedicated public servants 
to be trained in the proper handling of hazardous materials 
emergencies.
  The HERO Act expands upon the existing Department of Transportation, 
DOT, Hazardous Materials Emergency Preparedness Grants, which are 
intended to provide financial and technical assistance to enhance State 
and local hazardous materials planning and training. The program is 
authorized to distribute up to $14 million in fees that have been 
collected from shippers and carriers of hazardous materials to 
emergency responders for hazmat training. Unfortunately, this money has 
never been fully allocated to this important endeavor, and there is now 
a $15 million surplus.
  The HERO Act will allow the Secretary of Transportation to access 
this $15 million in surplus funds and use it for its intended purpose. 
Additionally, the HERO Act authorizes that $1 million of the surplus 
funds go to the International Association of Fire Fighters, (IAFF), 
which offers a specialized program of hazmat training, free of charge, 
to firefighters across the country. The IAFF is the only organization 
currently offering this specialized hazmat training, and the additional 
funding will quadruple the number of firefighters with access to it.
  In the course of learning some important, but painful, lessons during 
the

[[Page S13150]]

past few months, our nation has had the opportunity to focus on some 
positives that we may have taken for granted. As surely as the epic 
tragedies of September 11 made us aware of the unspeakable evil in the 
world, it also gave us great pride in the heroes in our midst. When an 
anthrax-laden letter contaminated the offices of the Majority Leader 
and others, we came to understand our vulnerability to chemical and 
biological terrorism. At the same time, we came to more fully 
appreciate the dedication of the Capitol Police, and the highly trained 
biohazard units from several agencies of the Federal Government and the 
armed forces. I am among a group of displaced Senators and staff 
anxiously waiting for these experts to determine that the Hart Building 
is safe to re-enter, and I am confident that when we do go back in, the 
health of Senators and staff members will have been safeguarded by 
these brave men and women.
  I believe it is our duty as members of Congress to see to it that 
when firefighters and police officers anywhere in the country respond 
to an accident, crime, or act of terrorism that has resulted in the 
release of hazardous materials, these heroes have the proper training 
to protect themselves and the general public. I further believe it is 
unconscionable that while hazmat teams in every State in the Union go 
without this much-needed training, this stockpile of money sits unused 
in the Treasury.
  Even before the events of the past few months highlighted the need 
for enhanced and expanded hazardous materials training, DOT and the 
IAFF were training as many emergency personnel as possible. However, at 
its current level of funding, the Emergency Preparedness Grants Program 
can only provide hazmat training to approximately 120,000 of the 
nation's 3 million emergency workers each year. Given what has 
happened, it should be obvious that the need for specialized hazmat 
training has quickly outpaced the money currently available. This 
leaves emergency workers in big cities and small towns in the untenable 
situation of knowing the risks they face, but lacking the proper 
training to react appropriately.
  The legislation I am cosponsoring with Senator Cleland offers an 
excellent solution to this problem. At no cost to taxpayers, the HERO 
Act will allow many thousands of emergency personnel to receive 
hazardous materials training that they would not otherwise be able to 
receive. Further, it will require DOT to develop minimal national 
standards for providing security training to those who transport 
hazardous materials in commerce, which should reduce the likelihood 
that emergency personnel will have to put their lives at risk to 
protect us. I commend Senator Cleland for his work on this issue, and I 
wholeheartedly recommend it to my colleagues. I believe the Congress 
should enact this bill at its earliest opportunity, and that the 
President should sign it into law.
                                 ______