[Congressional Record Volume 150, Number 72 (Thursday, May 20, 2004)]
[Senate]
[Pages S5956-S5961]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER:
  S. 2459. A bill to authorize the Secretary of Homeland Security to 
award research and equipment grants, to provide a tax credit for 
employers who hire temporary workers to replace employees receiving 
first responder training, to provide school-based mental health 
training, and for other purposes; to the Committee on Finance.
  Mr. ROCKEFELLER. Mr. President, I am proud today to introduce the 
Community Security Act of 2004. This bill is intended to help prepare 
our Nation to cope with future disasters, as well as help the daily 
work of our first responders, by adequately training and equipping 
them, and by increasing Federal investments in relevant research and 
development. While much of the bill applies generally to all first 
responders, this legislation gives special emphasis to the role of 
volunteer first responders.
  As my colleagues surely know, volunteers make up a very significant 
portion of our Nation's fire service, as well as emergency medical 
personnel and, to a somewhat lesser degree, law enforcement. The role 
of volunteers is especially prominent in rural areas, such as in my 
State of West Virginia. Making certain that local governments can 
recruit and retain first responders, and that once serving, these 
dedicated men and women have the necessary tools, are essential factors 
in protecting our communities.
  Inspiration for much of this bill came from the West Virginia Summit 
on Homeland Security, which I hosted in November of last year, and from 
the numerous roundtable discussions I have had with my State's first 
responders since the terrorist attacks on our country on September 11, 
2001. During the Summit and in the discussions that preceded it, first 
responders, educators, health officials, and local elected officials 
from around West Virginia provided me with thoughtful analysis of what 
works in Federal assistance programs, what doesn't, and what has been 
completely lacking.
  Although the President and Congress have made great strides in 
improving our homeland security, there are still gaping holes in our 
level of preparedness that must be filled. For the most part, the 
Federal Government is the only source of funding for this work; work 
that must be done. This legislation is based on what first responders 
have told me they need and is intended to address these needs.
  What was reiterated in meeting after meeting was that the gaps were 
many, and that additional State funding was unlikely. As almost every 
State in the Union faces budget shortfalls, I expect my colleagues have 
heard much the same thing. First responders and local politicians need 
to recruit and train volunteers; they need the Federal Government to 
help them supply these men and women with basic lifesaving and 
interoperable communication equipment; and they need help in fostering 
cooperation among not only the

[[Page S5957]]

different professions within the first responder community, but between 
first responders and the education and social service communities.
  Many areas of concern were discussed and it became clear to me that 
no one program could address all of them. Instead of introducing a 
number of small bills, I've put together a package of legislation that 
contains several arguably unrelated provisions that have one thing in 
common--each is designed to improve homeland security at the local 
level.
  In West Virginia and across the Nation, the numbers of volunteer 
first responders have been dwindling due to a number of factors--
National Guard and Reserve call-ups and changing American lifestyles 
that leave little time for the serious commitment necessary to be a 
first responder. It is believed that many more people would volunteer, 
or would continue in their service as volunteers, if there were a way 
to carve out more time for the training involved. In addition to basic 
training, West Virginia and other states require additional training 
for first responders who choose to serve in units specializing in 
Weapons of Mass Destruction (WMD) response, or mitigation of biohazards 
and chemical releases. In fact, Secretary Ridge has cited West 
Virginia's homeland security plan, including development of highly 
trained Regional Response Teams, as an example for other States to 
follow.
  The problem is, earning the right to be part of one of these teams--
made up of the best of the best in their respective disciplines--
requires training that most volunteers, who are holding down full-time 
jobs in addition to their public service and family responsibilities, 
cannot find the time for, or in some cases, afford. For example, West 
Virginia's Regional Response Team members are required, within the 
first two years, to complete 200 hours of specialized training over and 
above what is already required in their roles as firefighters or EMTs. 
For many volunteer first responders, this time commitment is difficult 
to meet but, for those whose jurisdictions do not pay training costs, 
it is impossible to justify.
  To remedy this situation, this bill creates two tax incentives: a 
business credit to encourage small businesses to allow their volunteer 
first responder employees to take time off for training, and a personal 
deduction for the first responders themselves, when training and 
related expenses are not reimbursed by their State or local government.
  My conversations with West Virginia first responders and local 
officials have also taught me that even when a State is well prepared 
or, in the case of West Virginia, exceptionally prepared, gaps can 
still exist at the local level which put citizens at risk. Some local 
first responder units, especially those in rural areas, do not feel as 
prepared as they know they should be. For example, a recent report 
found that most fire departments across the country had only enough 
radios for one-half of the firefighters on a shift and breathing 
apparatuses for only one-third. Without these basics, these brave men 
and women are not adequately equipped to respond to a house fire and 
are at a serious disadvantage when responding to a critical incident.
  Similarly, some firehouses and police stations lack basic 
telecommunications equipment. I have been concerned for some time that 
many of our police departments in rural areas were operating without 
the crime-fighting tools at their disposal that computers and high-
speed Internet connections offer. So, while I was not necessarily 
surprised, I was a little troubled that the lack of modern 
telecommunications equipment--computer hardware, Internet service and 
e-mail, and multiple phone and fax lines--was hampering the ability of 
fire departments and EMS units to serve their communities. Given the 
wealth of information available and the greater amounts of first 
responder work conducted over the Internet, these basic office tools 
are essential to guarantee the safety and protection of our citizens. 
For instance, where this equipment is available, some first responder 
training is now being done over the Internet, saving departments time 
and money. Rural firehouses are probably the ones least likely to have 
an Internet-accessible computer and are also the least likely to be 
able to fund a longer trip to a fire school.

  So, this legislation requires the Secretary of Homeland Security to 
assess the critical needs of a first responder unit, from personal 
safety equipment to office machines, and establishes a grant program to 
provide the basic equipment essential for carrying out the constantly 
expanding responsibilities of local first responders. The Secretary is 
to give emphasis to those departments most in need. These departments 
will often, but not always, be rural departments.
  The other areas I cover in this bill are a bit of a departure from 
standard measures to increase funding and provide better equipment for 
first responders. They are, I believe, no less important to the goal of 
improving the safety and security of our towns and cities. Again, my 
conversations with people on the front lines--in this instance teachers 
and academic experts on homeland security and mental health--inspired 
these provisions.
  Our communities have had to adjust to some new realities. Our schools 
find themselves thrust into a role in disaster preparedness and 
response that most educators never before considered. When I asked 
school personnel what was needed to improve the circumstance of schools 
in homeland security preparation, response, and mitigation efforts, I 
was surprised to hear their answer--mental health professionals in the 
schools and training for school staff in mental health issues. This 
bill works to address these community needs in two ways. First, in the 
unfortunate event that a school is the scene of a disaster, or is 
called upon to assist a community in response to a disaster elsewhere, 
this bill provides that community with a reimbursement mechanism for 
related expenses. Second, the bill creates a sustainable program to 
provide school-based mental health services to all students. I am 
convinced that having mental health professionals in schools to train 
students and faculty about disaster avoidance and preparation makes for 
safer, healthier schools and more stable communities.
  Our institutions of higher learning are already contributing to 
homeland security. The Department of Homeland Security has a program of 
university-based research, and this legislation proposes to expand it 
with a new research grant program to supplement the surprising dearth 
of research that has been conducted on human factors in homeland 
security, including first responder group dynamics, citizens' response 
to disasters, and the human factors behind preparation efforts. We know 
that a primary goal of terrorists is to disrupt social systems, and 
this social disruption is often more devastating to a community then 
the attack itself. I have actively supported both basic and applied 
scientific research throughout my Senate career, and I believe science 
should guide policy. This research grant program will fund research on 
how terrorism and the threat of terrorism impacts the average citizen, 
how the inevitable societal disruption can be mitigated, and will help 
guide disaster planning and optimize the performance of first responder 
units and the systems designed to assist them.
  Historically, some States have benefited more than others under 
traditional grant systems and in response to that situation, our 
leading science funding organizations have developed special programs 
to encourage the growth of research in under represented states. For 
example, the National Science Foundation designed the Experimental 
Program to Stimulate Competitive Research to support academic research 
and development across the nation and to counteract the trend that 
concentrated research expertise in a few states. This bill allows for a 
similar program to be developed within the Department of Homeland 
Security. Homeland security is regional and research and personnel 
expertise must be distributed around the country. Unfortunately, 
terrorist threats against the United States are not restricted to a 
single geographic area, terrorist group, or method of threat. Terrorism 
is possible in many parts of our country that have never had to prepare 
for, or respond to, such attacks. Addressing these threats requires 
regional and local expertise; thus the homeland security- related 
scientific and technological workforce and training must not be overly 
centralized.

[[Page S5958]]

  Our country has worked extraordinarily hard to prepare for disaster. 
The Local Preparation Act is designed to assist these preparation 
efforts by guaranteeing adequate numbers of first responders, providing 
them with the training and protection they need, and improving the 
safety and security of our communities. Local preparation is the 
bedrock of our state-wide and national efforts. I firmly believe these 
goals will be achieved through the innovative programs contained in 
this bill. I want to thank Summit participants as well as the men and 
women who have taken time out of their busy schedules to help work 
through the best way to design these new programs. Also, I want to 
thank first responders, both volunteer and career. After all, they are 
the original inspiration for this bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2459

       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 ``Community Security Act''.

     SEC. 2. TAX INCENTIVES TO FACILITATE TRAINING OR DISASTER 
                   RESPONSE BY INDIVIDUALS SERVING AS VOLUNTEER 
                   FIRST RESPONDERS.

       (a) Findings.--Congress makes the following findings:
       (1) Seventy percent of our Nation's firefighters are 
     volunteers, as are many emergency medical service and police 
     personnel.
       (2) States rely heavily on the services of these volunteer 
     first responders.
       (3) Many career first responders begin as volunteers.
       (4) Volunteer first responders need the same preparation 
     and training as career first responders. Advanced training is 
     frequently required before volunteer first responders can be 
     fully integrated in a State homeland security plan.
       (5) The training and duties of volunteer first responders 
     sometimes conflict with their regular employment for 
     significant periods of time, such as in cases of out-of-State 
     training and disaster response. In these cases employers may 
     need to hire temporary replacement workers or incur other 
     related costs while the volunteer responders are away from 
     work. The burden of temporarily replacing these employees is 
     particularly great for small and single-employer businesses.
       (b) Volunteer First Responder Credit.--
       (1) In general.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business-related credits), as amended 
     by this Act, is amended by adding at the end the following:

     ``SEC. 45G. CREDIT TO EMPLOYERS OF VOLUNTEER FIRST 
                   RESPONDERS.

       ``(a) General Rule.--For purposes of section 38, the 
     volunteer first responder employee credit is an amount equal 
     to 50 percent of the sum of--
       ``(1) the employment credit with respect to all qualified 
     volunteer first responder employees of the taxpayer,
       ``(2) in the case of a small business employer, the 
     replacement credit with respect to all qualified volunteer 
     first responder employees of the taxpayer, plus
       ``(3) the self-employment credit of a qualified volunteer 
     first responder self-employed taxpayer.
       ``(b) Employment Credit.--For purposes of this section--
       ``(1) In general.--The employment credit with respect to 
     any qualified volunteer first responder employee of the 
     taxpayer is an amount equal to the lesser of--
       ``(A) the actual compensation amount with respect to such 
     employee for such taxable year, or
       ``(B) $30,000.
       ``(2) Actual compensation amount.--
       ``(A) In general.--The term `actual compensation amount' 
     means the amount of compensation paid or incurred by the 
     taxpayer with respect to a qualified volunteer first 
     responder employee on any day when such employee was absent 
     from employment for the purpose of participating in a 
     qualified activity.
       ``(B) Compensation.--The term `compensation' means any 
     remuneration for employment, whether in cash or in kind, 
     which is paid or incurred by a taxpayer and which is 
     deductible from the taxpayer's gross income under section 
     162(a)(1).
       ``(3) Limitation.--No credit shall be allowed under this 
     subsection with respect to any day that a qualified volunteer 
     first responder employee who takes part in a qualified 
     activity was not scheduled to work (for reason other than to 
     participate in a qualified activity).
       ``(c) Replacement Credit.--For purposes of this section.--
       ``(1) In general.--The replacement credit with respect to 
     any qualified volunteer first responder employee of the 
     taxpayer is an amount equal to the sum of--
       ``(A) the qualified compensation with respect to each 
     qualified replacement employee of the taxpayer paid by the 
     taxpayer during the taxable year, and
       ``(B) the qualified overtime wages paid by the taxpayer 
     during the taxable year.
       ``(2) Limitation.--The amount of the credit allowed by 
     reason of this subsection shall not exceed $12,000 for any 
     taxable year.
       ``(3) Qualified compensation.--The term `qualified 
     compensation' means--
       ``(A) compensation which is normally contingent on the 
     qualified replacement employee's presence for work and which 
     is deductible from the taxpayer's gross income under section 
     162(a)(1),
       ``(B) compensation which is not characterized by the 
     taxpayer as vacation or holiday pay, or as sick leave or pay, 
     or as any other form of pay for a nonspecific leave of 
     absence, and
       ``(C) group health plan costs (if any) with respect to the 
     qualified replacement employee.
       ``(4) Qualified replacement employee.--The term `qualified 
     replacement employee' means an individual who is hired to 
     replace a qualified volunteer first responder employee, but 
     only with respect to the period during which such employee 
     participates in a qualified activity, including time spent in 
     travel status.
       ``(5) Qualified overtime wages.--For purposes of this 
     section, the term `qualified overtime wages' means overtime 
     wages paid to an employee of the taxpayer (other than a 
     qualified replacement employee) for duties normally performed 
     by a qualified volunteer first responder employee, but only 
     with respect to the period during which such qualified 
     volunteer first responder employee participates in a 
     qualified activity, including time spent in travel status.
       ``(6) Coordination with other credits.--The amount of 
     credit otherwise allowable under sections 51(a) and 1396(a) 
     with respect to any employee shall be reduced by the credit 
     allowed by reason of paragraph (1)(A) with respect to such 
     employee.
       ``(d) Self-Employment Credit.--For purposes of this 
     section--
       ``(1) In general.--The self-employment credit with respect 
     to a qualified volunteer first responder self-employed 
     taxpayer is an amount equal to the amount paid or incurred by 
     such taxpayer with respect to a qualified self-employment 
     replacement employee.
       ``(2) Qualified volunteer first responder self-employed 
     taxpayer.--The term `qualified volunteer first responder 
     self-employed taxpayer' means a taxpayer who--
       ``(A) has self-employment income (as defined in section 
     1402) for the taxable year, and
       ``(B) holds a volunteer position as a firefighter, law 
     enforcement official, or emergency medical service provider.
       ``(3) Qualified self-employment replacement employee.--The 
     term `qualified self-employment replacement employee' means 
     an individual who is hired to replace the qualified volunteer 
     first responder self-employed taxpayer, but only with respect 
     to the period during which such taxpayer participates in a 
     qualified activity, including time spent in travel status.
       ``(e) Definitions and Other Rules.--For purposes of this 
     section--
       ``(1) Qualified volunteer first responder employee.--The 
     term `qualified volunteer first responder employee' means an 
     individual who--
       ``(A) has been an employee of the taxpayer for the 91-day 
     period immediately preceding the period during which the 
     employee participates in a qualified activity, and
       ``(B) holds a volunteer position as a firefighter, law 
     enforcement official, or emergency medical service provider.
       ``(2) Qualified activity.--The term `qualified activity' 
     means--
       ``(A) training with respect to duties performed in 
     connection with the volunteer position of the qualified 
     volunteer first responder employee or qualified volunteer 
     first responder self-employed taxpayer, and
       ``(B) the performance of duties in connection with the 
     volunteer position of the qualified volunteer first responder 
     employee or qualified volunteer first responder self-employed 
     taxpayer, but only to the extent that such duties take not 
     less than 1 day to perform.
       ``(3) Small business employer.--
       ``(A) In general.--The term `small business employer' 
     means, with respect to any taxable year, any employer who 
     employed an average of 200 or fewer employees on business 
     days during such taxable year.
       ``(B) Controlled groups.--For purposes of subparagraph (A), 
     all persons treated as a single employer under subsection 
     (b), (c), (m), or (o) of section 414 shall be treated as a 
     single employer.''.
       (2) Credit made part of general business credit.--Section 
     38(b) of the Internal Revenue Code of 1986 is amended by 
     striking ``plus'' at the end of paragraph (14), by striking 
     the period at the end of paragraph (15) and inserting ``, 
     plus'', and by adding at the end the following new paragraph:
       ``(16) the volunteer first responder employee credit 
     determined under section 45G.''.
       (3) Transition rule.--Section 39(d) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(11) No carryback of volunteer first responder employee 
     credit before enactment.--No portion of the unused business

[[Page S5959]]

     credit for any taxable year which is attributable to the 
     volunteer first responder employee credit determined under 
     section 45G may be carried back to a taxable year beginning 
     before January 1, 2004.''.
       (4) Denial of double benefit.--Section 280C(a) of the 
     Internal Revenue Code of 1986 (relating to rule for 
     employment credits) is amended_
       (A) by inserting ``or compensation'' after ``salaries'', 
     and
       (B) by inserting ``45G,'', after ``45A(a),''.
       (5) Conforming amendment.--The table of sections for 
     subpart D of part IV of subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new item:

``Sec. 45G. Credit to employers of volunteer first responders.''.

       (6) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2003.
       (c) Deduction for Certain Expenses of Volunteer First 
     Responders.--
       (1) Deduction for travel expenses.--
       (A) Deduction allowed.--Section 162 (relating to certain 
     trade or business expenses) is amended by redesignating 
     subsection (q) as subsection (r) and inserting after 
     subsection (p) the following new subsection:
       ``(q) Treatment of Expenses of Volunteer First 
     Responders.--For purposes of subsection (a)(2), in the case 
     of an individual who participates in a qualified activity 
     (within the meaning of section 45G(e)(2)) as a volunteer 
     first responder (within the meaning of section 224) at any 
     time during the taxable year, such individual shall be deemed 
     to be away from home in the pursuit of a trade or business 
     for any period during which such individual is away from home 
     in connection with such participation.''.
       (B) Deduction allowed whether or not taxpayer elects to 
     itemize.--Section 62(a)(2) (relating to certain trade and 
     business deductions of employees) is amended by adding at the 
     end the following new subparagraph:
       ``(F) Certain expenses of volunteer first responders.--The 
     deductions allowed by section 162 which consist of expenses, 
     determined at a rate not in excess of the rates for travel 
     expenses (including per diem in lieu of subsistence) 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, paid or incurred 
     by the taxpayer in connection with participation in qualified 
     activities (as defined in section 45G(e)(2)) as a volunteer 
     first responder for any period during which such individual 
     is more than 100 miles away from home in connection with such 
     qualified activities.''.
       (2) Deduction for training expenses.--
       (A) In general.--Part VII of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 (relating to additional 
     itemized deduction for individuals) is amended by 
     redesignating section 224 as section 225 and by inserting 
     after section 223 the following new section:

     ``SEC. 224. CERTAIN EXPENSES OF VOLUNTEER FIRST RESPONDERS.

       ``(a) In General.--In the case of a volunteer first 
     responder, there shall be allowed as a deduction an amount 
     equal to the expenses paid or incurred by the volunteer first 
     responder necessary for training with respect to duties 
     performed in connection with the volunteer position of such 
     volunteer first responder.
       ``(b) Volunteer First Responder.--For purposes of this 
     section, the term `volunteer first responder' means an 
     individual who holds a volunteer position as a firefighter, 
     law enforcement official, or emergency medical service 
     provider.''.
       (B) Deduction allowed whether or not taxpayer elects to 
     itemize.--Section 62(a) of such Code (relating to adjusted 
     gross income) is amended by adding at the end the following 
     new section:
       ``(20) Volunteer first responder training expenses.--The 
     deduction allowed by section 224.''.
       (C) Conforming amendment.--The table of section for part 
     VII of subchapter B of chapter 1 of such Code is amended by 
     striking the item relating to section 224 and inserting the 
     following:

``Sec. 224. Certain expenses of volunteer first responders.
``Sec. 225. Cross reference.''.

       (3) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2003.

     SEC. 3. CRITICAL NEED GRANTS FOR FIRST RESPONDERS.

       (a) Findings.--Congress finds the following:
       (1) According to a report by the Council on Foreign 
     Relations Independent Task Force, first responders in the 
     United States are underfunded and unprepared for future 
     natural, technological, and human-caused disasters.
       (2) Local firefighters, police officers, and emergency 
     medical personnel are responsible for disaster prevention, 
     mitigation, and response.
       (3) It is essential that first responders have basic safety 
     equipment that is in good working order and customized, if 
     appropriate, to do their jobs as safely and effectively as 
     possible.
       (4) All first responder operation centers need basic 
     communications equipment, including--
       (A) multiple touch-tone phone lines;
       (B) a fax machine with a dedicated phone line;
       (C) a computer with a high-speed connection to the 
     Internet; and
       (D) personal communication devices for shift supervisors, 
     their commanders, and all first responders in a work unit.
       (b) Purpose.--The purpose of this section is to establish a 
     competitive grant program within the Department of Homeland 
     Security to provide first responders with the basic equipment 
     needed to accomplish their homeland security goals.
       (c) Local Critical Need Homeland Security Grants for First 
     Responders.--Title V of the Homeland Security Act of 2002 (6 
     U.S.C. 311 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 510. LOCAL CRITICAL NEED HOMELAND SECURITY GRANTS FOR 
                   FIRST RESPONDERS.

       ``(a) Definitions.--As used in this section, the following 
     definitions shall apply:
       ``(1) Basic personal equipment.--The term `basic personal 
     equipment' means equipment necessary to achieve the standard 
     of basic preparedness established by the Under Secretary for 
     Emergency Preparedness and Response under subsection (d), 
     including--
       ``(A) personal breathing apparatus;
       ``(B) protective equipment; and
       ``(C) bulletproof vests.
       ``(2) Communications enhancement.--The term `communications 
     enhancement' means improvements to local first responder 
     communications systems that are necessary to achieve the 
     standard of basic preparedness established by the Under 
     Secretary for Emergency Preparedness and Response under 
     subsection (d), including the development or enhancement of--
       ``(A) emergency operations centers;
       ``(B) processes and facilities for information sharing 
     among different levels and first responder units; and
       ``(C) communications capabilities within individual 
     firehouses, police precincts, or other centers of emergency 
     operation.
       ``(b) Standard of Basic Preparedness.--Not later than 
     September 30, 2005, the Under Secretary for Emergency 
     Preparedness and Response shall establish a standard of basic 
     preparedness for local first responders, which shall provide 
     for maximum State flexibility.
       ``(c) Grants Authorized.--The Secretary may award need-
     based, competitive grants to States and units of local 
     government to be used for basic personal equipment and 
     communications enhancement needed to perform their disaster 
     response, mitigation, and recovery missions.
       ``(d) Application.--
       ``(1) In general.--Each eligible entity desiring a grant 
     under this section shall submit an application to the Under 
     Secretary for Emergency Preparedness and Response at such 
     time, in such manner, and containing such information, 
     including the safety and communications equipment to be 
     purchased with grant funds, as the Under Secretary may 
     reasonably require.
       ``(2) Priority.--
       ``(A) In general.--The Under Secretary shall give the 
     highest priority to applicants demonstrating the greatest 
     need for basic personal equipment and communication 
     enhancements when compared to the standard of basic 
     preparedness established under subsection (d).
       ``(B) Interim priority.--Until a standard of basic 
     preparedness is established under subsection (d), the 
     Secretary shall give highest priority to applicants that 
     demonstrate the greatest need for basic personal equipment 
     and communication enhancements when compared to the standard 
     under consideration.
       ``(3) Evaluation plans.--The Secretary shall use evaluation 
     plans under consideration to help determine which applicants 
     will receive grants under this section.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated, for each of fiscal years 2005 
     through 2007, such sums as may be necessary to carry out this 
     section, which shall remain available until expended.''.

     SEC. 4. SAFE SCHOOLS THROUGH MENTAL HEALTH PROGRAM.

       (a) Grants Authorized.--Subpart 2 of part A of title IV of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7131 et seq.) is amended by adding at the end the following:

     ``SEC. 4131. MENTAL HEALTH PROGRAMS.

       ``(a) Purpose.--The purpose of this section is to provide 
     grants to States and local educational agencies--
       ``(1) to prepare for and respond to disasters or terrorism 
     in or impacting schools;
       ``(2) to prevent avoidable disasters, such as in-school or 
     school-related violence;
       ``(3) to establish community-sustainable mental health 
     programs in schools; and
       ``(4) to train school personnel on mental health issues, 
     including disaster and terrorism prevention, response, and 
     mitigation.
       ``(b) Findings.--Congress makes the following findings:
       ``(1) Schools occupy a unique place in the community. In 
     addition to their main mission of educating children, they 
     serve a public education role and a role in community 
     organization.
       ``(2) Schools have new responsibilities in the homeland 
     security era and in terms of disaster response. Schools often 
     serve as community meeting places, centers of operation for 
     disaster response, and shelters, and have a place in 
     preventing some disasters from happening. Schools may also be 
     called upon to fill novel roles in the case of a disaster, 
     such as keeping children safe after normal school hours.

[[Page S5960]]

       ``(3) Some disasters, such as in-school violence, are 
     largely preventable. Mental health professionals in schools 
     may be able to anticipate and prevent school-related 
     disasters and are better positioned to mitigate disaster 
     effects.
       ``(4) After any disaster, people benefit from returning to 
     their normal routine to whatever extent possible. Schools may 
     be in the position to mitigate disaster-related stress.
       ``(c) Definition.--In this section, the term `eligible 
     entity' means a public school or a local educational agency.
       ``(d) Safe Schools Through Mental Health Program.--
       ``(1) Grants authorized.--From funds made available to 
     carry out this subpart under section 4003(2), the Secretary 
     shall award grants to eligible entities to pay the Federal 
     share of the cost of carrying out the activities described in 
     paragraph (3).
       ``(2) Application.--An eligible entity that desires to 
     receive a grant under this subsection shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     require, including a certification that the eligible entity 
     will provide the necessary State or local funding to continue 
     the activities initiated with the grant during the 5-year 
     period beginning on the date on which such grant is awarded.
       ``(3) Uses of funds.--An eligible entity that receives a 
     grant under this subsection may use the grant funds to--
       ``(A) train elementary school and secondary school 
     teachers, administrators, and other professionals to--
       ``(i) identify and prevent avoidable disasters; and
       ``(ii) assist children in dealing with the aftermath of 
     terrorism and disasters or other mental health issues;
       ``(B) provide for school-based mental health professionals 
     to offer services in elementary and secondary schools;
       ``(C) provide mental health services to elementary and 
     secondary school students who face, or have faced, 
     disciplinary action, including students who have been 
     suspended or expelled from school.
       ``(4) Federal share.--The Federal share of the cost of 
     carrying out the activities under paragraph (3) shall be not 
     more than--
       ``(A) 80 percent of the total cost of such activities, in 
     the first year of the grant award;
       ``(B) 60 percent of the total cost of such activities, in 
     the second year of the grant award;
       ``(C) 40 percent of the total cost of such activities, in 
     the third year of the grant award;
       ``(D) 20 percent of the total cost of such activities, in 
     the fourth year of the grant award; and
       ``(E) 0 percent of the total cost of such activities, in 
     the fifth year of the grant award.
       ``(5) State and local funding.--If an eligible entity 
     receiving a grant under this subsection fails to provide 
     sufficient State or local funding, in accordance with 
     paragraph (4), the eligible entity shall be subject to a 
     penalty up to the amount received under this subsection, as 
     determined by the Secretary, which shall be payable to the 
     United States Treasury.
       ``(e) School-Based Disaster Mitigation Refund Program.--
       ``(1) Grants authorized.--From funds made available to 
     carry out this subpart under section 4003(2), the Secretary, 
     in an emergency declared by the President under title V of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 501 et seq.), shall award grants to 
     eligible entities to pay the Federal share of the cost of 
     carrying out the activities described in paragraph (3).
       ``(2) Application.--An eligible entity that desires to 
     receive a grant under this subsection shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     require.
       ``(3) Use of funds.--An eligible entity that receives a 
     grant under this subsection shall use the grant funds to 
     reimburse elementary and secondary schools for costs incurred 
     by such schools--
       ``(A) during a disaster response; and
       ``(B) for in-school mental health counseling for a period 
     of 13 months beginning on the date of the disaster.''.
       (b) Federal Emergency Assistance.--Section 502(a) of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5192(a)) is amended--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(8) provide financial assistance to affected State and 
     local governments for school-based community mental health 
     counseling.''.

     SEC. 5. HOMELAND SECURITY RESEARCH AND DEVELOPMENT GRANT 
                   PROGRAM.

       (a) Findings.--Congress finds the following:
       (1) The Department of Homeland Security is responsible for 
     funding the intramural and extramural research and 
     development to address the Department's scientific and 
     technological needs and requirements.
       (2) Funding has been appropriated to the Department of 
     Homeland Security to carry out significant levels of 
     scientific development, and this funding will likely increase 
     in the future.
       (3) Terrorist threats against the United States are not 
     restricted to a single geographic area, terrorist group, or 
     method of threat. Undefended borders make terrorist attacks 
     possible in places that have never had to prepare for, or 
     respond to, terrorism.
       (4) Every State must be prepared for disasters and will 
     incur costs associated with homeland security.
       (5) States experience varying levels of potential homeland 
     security threats and homeland security concerns vary 
     geographically. Addressing these threats requires regional 
     and local expertise, thus the scientific and technological 
     workforce and training should not be overly centralized.
       (6) Academic research and development funding has not been 
     distributed equitably in the past. Congress has taken steps 
     to resolve this problem. Correcting this inequity will 
     provide beneficial results for science and technology 
     training and research.
       (b) Purpose.--The purpose of this section is to establish a 
     competitive grant program for homeland security research and 
     development.
       (c) Homeland Security Research and Development Grant 
     Program.--Title III of the Homeland Security Act of 2002 (6 
     U.S.C. 181 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 314. COMPETITIVE RESEARCH GRANT PROGRAM.

       ``(a) Establishment.--The Secretary, in consultation with 
     the Under Secretary for Science and Technology, shall 
     establish a Homeland Security Competitive Research Grant 
     Program (referred to in this section as the `Program') to 
     more equitably distribute Federal research and development 
     funds by awarding competitive grants to universities and 
     colleges in eligible States to conduct research projects 
     relating to homeland security.
       ``(b) Eligible States.--During fiscal years 2005 and 2006, 
     colleges and universities located in States and territories 
     that qualify for the National Science Foundation's EPSCoR 
     program or the National Institutes of Health IDeA program 
     shall be eligible for funding under the Program.
       ``(c) Responsibilities.--The Under Secretary for Science 
     and Technology shall--
       ``(1) ensure that not less than 15 percent of the 
     Department's overall academic research funding is allocated 
     to universities and colleges in eligible States;
       ``(2) establish a cofunding mechanism for States with 
     academic facilities that have not fully developed security-
     related science and technology to support burgeoning research 
     efforts by the faculty or link them to established 
     investigators;
       ``(3) provide for conferences, workshops, outreach, and 
     technical assistance to researchers and academic institutions 
     in eligible States on topics related to developing science 
     and technology expertise in areas of high interest and 
     relevance to the Department;
       ``(4) monitor the efforts of States to develop programs 
     that support the Department's mission;
       ``(5) implement a merit review program, consistent with 
     program objectives, to ensure the quality of research 
     conducted with Program funding; and
       ``(6) provide annual reports on the progress and 
     achievements of the Program to the Secretary.
       ``(d) Annual Report.--Not later than March 15 of each year, 
     the Under Secretary for Science and Technology shall submit a 
     report to Congress on the implementation of the Program.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated--
       ``(1) $5,000,000 for fiscal year 2005 to carry out 
     subsection (c)(3); and
       ``(2) such sums as may be necessary for fiscal year 2006 to 
     carry out this section.''.

     SEC. 6. HOMELAND SECURITY RESEARCH EXPANSION GRANT PROGRAM.

       (a) Findings.--Congress finds the following:
       (1) The Department of Homeland Security should fund 
     research, which explores the innovative human dimensions of 
     homeland security.
       (2) Infrastructure and transportation systems, and the 
     systems designed to protect them, are only as effective as 
     their operators and users.
       (3) Because communication before, during, and after 
     disasters is critical, the understanding of behavioral, 
     psychological, and social sciences in promoting effective 
     communications with homeland security goals in mind is vital 
     to the department's mission.
       (4) Several areas of social science are relevant to 
     homeland security, including--
       (A) theories and data regarding threat communication and 
     the psychological impacts of such threats;
       (B) citizen response to disaster;
       (C) group behavior in response to a threat or actual 
     disaster;
       (D) theories and data about the impact of sustained 
     attention and vigilance on reasoning; and
       (E) risk analysis and decision-making and their application 
     to homeland security.
       (5) Since the primary goal of terrorism is to disrupt 
     social systems, the Department of Homeland Security should 
     support research on how attitudes and beliefs about terrorism 
     impact--
       (A) consumer confidence;
       (B) population mobility;
       (C) decisions about childcare;
       (D) job behaviors; and
       (E) attitudes toward immigrants, political institutions, 
     and leaders.

[[Page S5961]]

       (6) Homeland security efforts would benefit from research 
     on--
       (A) the selection, management, and training of security 
     personnel and first responders;
       (B) the impact of stereotyping and marginalization of 
     groups;
       (C) hate crimes;
       (D) the emergence and maintenance of fundamentalist, 
     extremist, and antigovernment groups within the United 
     States; and
       (E) protection against the acts inspired by the groups 
     described in subparagraph (D).
       (b) Purpose.--The purpose of this section is to establish a 
     program to award research grants to examine the social 
     dimensions of terrorism.
       (c) Research Expansion Grants.--Title III of the Homeland 
     Security Act of 2002 (6 U.S.C. 181 et seq.), as amended by 
     section 5, is further amended by adding at the end the 
     following:

     ``SEC. 315. RESEARCH EXPANSION GRANTS.

       ``(a) In General.--The Secretary shall award research 
     grants to colleges and universities to--
       ``(1) analyze group dynamics during periods of extreme 
     stress, including how first responders--
       ``(A) react during such periods;
       ``(B) can be inoculated to stress; and
       ``(C) can help mitigate the stress and social disruption 
     that often accompanies emergency situations;
       ``(2) analyze the social and cultural factors that may 
     affect the performance of first responder groups;
       ``(3) expand human factors research to all other modes of 
     transportation including the use of infrastructure and 
     transportation systems under evacuation circumstances;
       ``(4) develop and demonstrate compliance with operability 
     standards for new technologies designed by human factors 
     experts in conjunction with users;
       ``(5) examine the decision making of voluntary first 
     responders under extended periods of disaster, including 
     whether volunteer first responders would report to their 
     primary jobs or their first responder positions if 
     simultaneously called to both; and
       ``(6) understand how the Homeland Security Advisory System 
     operates as a useful communication tool for citizens.
       ``(b) Application.--Each college and university desiring a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require.
       ``(c) Annual Reports.--
       ``(1) Report to secretary.--Grant recipients shall submit 
     an annual report to the Secretary containing specific 
     research findings that may be used to improve emergency 
     preparedness and response efforts.
       ``(2) Report to congress.--The Secretary shall submit an 
     annual report to Congress on the grant program authorized by 
     this section.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated $40,000,000 for each of the 
     fiscal years 2005 through 2007.''.
                                 ______