[Congressional Record (Bound Edition), Volume 162 (2016), Part 10]
[House]
[Pages 13569-13571]
[From the U.S. Government Publishing Office, www.gpo.gov]




         FIRST RESPONDER ACCESS TO INNOVATIVE TECHNOLOGIES ACT

  Mr. DONOVAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5460) to amend the Homeland Security Act of 2002 to 
establish a review process to review applications for certain grants to 
purchase equipment or systems that do not meet or exceed any applicable 
national voluntary consensus standards, and for other purposes, as 
amended.

[[Page 13570]]

  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5460

       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 ``First Responder Access to 
     Innovative Technologies Act''.

     SEC. 2. APPROVAL OF CERTAIN EQUIPMENT.

       (a) In General.--Subsection (f) of section 2008 of the 
     Homeland Security Act of 2002 (6 U.S.C. 609) is amended--
       (1) by striking ``If an applicant'' and inserting the 
     following:
       ``(1) Application requirement.--If an applicant''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) Review process.--The Administrator shall implement a 
     uniform process for reviewing applications that, in 
     accordance with paragraph (1), contain explanations to use 
     grants provided under section 2003 or 2004 to purchase 
     equipment or systems that do not meet or exceed any 
     applicable national voluntary consensus standards developed 
     under section 647 of the Post-Katrina Emergency Management 
     Reform Act of 2006 (6 U.S.C. 747).
       ``(3) Factors.--In carrying out the review process under 
     paragraph (2), the Administrator shall consider the 
     following:
       ``(A) Current or past use of proposed equipment or systems 
     by Federal agencies or the Armed Forces.
       ``(B) The absence of a national voluntary consensus 
     standard for such equipment or systems.
       ``(C) The existence of an international consensus standard 
     for such equipment or systems, and whether such equipment or 
     systems meets such standard.
       ``(D) The nature of the capability gap identified by the 
     applicant and how such equipment or systems will address such 
     gap.
       ``(E) The degree to which such equipment or systems will 
     serve the needs of the applicant better than equipment or 
     systems that meet or exceed existing consensus standards.
       ``(F) Any other factor determined appropriate by the 
     Administrator.''.
       (b) Inspector General Report.--Not later than three years 
     after the date of the enactment of this Act, the Inspector 
     General of the Department of Homeland Security shall submit 
     to the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report assessing the 
     implementation of the review process established under 
     paragraph (2) of subsection (f) of section 2008 of the 
     Homeland Security Act of 2002 (as added by subsection (a) of 
     this section), including information on the following:
       (1) The number of requests to purchase equipment or systems 
     that do not meet or exceed any applicable consensus standard 
     evaluated under such review process.
       (2) The capability gaps identified by applicants and the 
     number of such requests granted or denied.
       (3) The processing time for the review of such requests.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Donovan) and the gentleman from New Jersey (Mr. Payne) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. DONOVAN. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and to include any extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. DONOVAN. Mr. Speaker, I yield myself such time as I may consume.
  As chairman of the Subcommittee on Emergency Preparedness, Response, 
and Communications, I rise in support of H.R. 5460, the First Responder 
Access to Innovative Technologies Act, which passed out of my 
subcommittee with bipartisan support on June 16 and was reported 
favorably by the Committee on Homeland Security earlier this month.
  With threats consistently evolving, it is reassuring to see new 
technology being developed to ensure the safety of our communities and 
first responders.

                              {time}  1500

  However, emerging technology is frequently developed faster than 
voluntary consensus standards can be implemented.
  Recipients of grants under FEMA's State Homeland Security Grant 
Program and the Urban Areas Security Initiative must procure equipment 
that meets these standards. Unfortunately, if emerging technology or 
equipment does not have a voluntary consensus standard and a grant 
recipient would like to use those funds to purchase such technology, 
FEMA does not have a uniform review process to consider applications 
for that equipment. This legislation requires FEMA to develop such a 
process for reviewing these requests.
  I want to thank the subcommittee's ranking member, Representative 
Payne, for introducing this commonsense bill. I am proud to be an 
original cosponsor of H.R. 5460 because it will ensure first responders 
have the ability to purchase equipment and emerging technology needed 
to effectively adapt to the current threat landscape.
  First responders in multiple jurisdictions in New York and New Jersey 
were recently called upon to respond to a series of improvised 
explosive devices. It is clear that the threat to our communities is 
not going away; and we, as Members of Congress, must ensure our first 
responders can easily access emerging technology without being hampered 
by unnecessary bureaucracy.
  I urge all Members to join me in supporting this bill.
  I reserve the balance of my time.
  Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 5460, the First Responder Access to 
Innovative Technologies Act.
  Mr. Speaker, a week ago, after we observed the fifteenth anniversary 
of the September 11 attacks this month, a disturbed man planted bombs 
in New York City, in Seaside Park, New Jersey, and in Elizabeth, New 
Jersey. Local law enforcement in my district ultimately apprehended the 
suspect, but not before a shootout injured two brave officers, Officer 
Hammer and Officer Padilla of the Linden Police Department.
  In our Nation's darkest hours, the bravest among us rush into 
situations everyone else tries to escape. Those heros need the best, 
most modern technology on the market to do their jobs better and safer.
  With the help of the private sector, we have made significant strides 
in developing first responder technology. Nevertheless, first 
responders cannot use their Homeland Security grant dollars to purchase 
the latest technology unless it meets or exceeds voluntary industry 
standards, which take years to develop. To ensure that our brave first 
responders have access to the most modern equipment, the First 
Responder Access to Innovative Technologies Act directs the Federal 
Emergency Management Agency to develop a transparent process to review 
requests to purchase equipment for which voluntary industry standards 
do not exist.
  H.R. 5460 has the support of the Securities Industry Association and 
was approved by the full committee by voice vote.
  Mr. Speaker, our first responders are our heros. Time and time again, 
they put themselves in harm's way to protect their communities. The 
First Responder Access to Innovative Technologies Act will ensure that 
our first responders have the technology they need to keep themselves 
safe as they keep us safe.
  I want to thank Subcommittee Chairman Donovan for his support of this 
measure. I urge my colleagues to support H.R. 5460.
  I yield back the balance of my time.
  Mr. DONOVAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I once again urge my colleagues to support H.R. 5460.
  I yield back the balance of my time.
  Mr. McCAUL. Mr. Speaker, I include in the Record the following cost 
estimate from the Congressional Budget Office regarding H.R. 5460.
                                                    U.S. Congress,


                                  Congressional Budget Office,

                               Washington, DC, September 28, 2016.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: The Congressional Budget Office has 
     prepared the enclosed cost estimate for H.R. 5460, the First 
     Responder Access to Innovative Technologies Act.

[[Page 13571]]

       If you wish further details on this estimate, we will be 
     pleased to provide them. The CBO staff contact is Jacob 
     Fabian.
           Sincerely,
                                                       Keith Hall,
                                                         Director.
       Enclosure.

               Congressional Budget Office Cost Estimate


    h.r. 5460--first responder access to innovative technologies act

       The Federal Emergency Management Agency (FEMA) provides 
     grants to help state, local, and tribal governments develop 
     their capacity to prevent, prepare for, and respond to acts 
     of terrorism. Under current law, equipment purchased using 
     such grants must meet voluntary standards, developed by FEMA 
     in coordination with appropriate federal agencies, the 
     National Advisory Council, and private entities. Requests to 
     use grants to purchase equipment that does not meet such 
     standards, or for which no such standards exist, are subject 
     to further review and approval by FEMA.
       H.R. 5460 would require FEMA to implement a uniform process 
     for reviewing applications for grants intended to support 
     purchases of innovative equipment that does not meet or 
     exceed current applicable standards or for which no voluntary 
     standards exist. The bill also would require the Inspector 
     General of the Department of Homeland Security to assess and 
     report on FEMA's implementation of the new review process.
       Based on information from FEMA, CBO estimates that 
     implementing this legislation would not have a significant 
     effect on the federal budget. According to the agency, grant 
     recipients rarely request permission to purchase equipment 
     that does not at least meet current standards or for which 
     standards do not exist. As a result, CBO expects that any 
     administrative costs to establish, implement, assess, and 
     report on the proposed process for reviewing such requests 
     would be insignificant; such spending would be subject to the 
     availability of appropriated funds.
       Enacting H.R. 5460 would not affect direct spending or 
     revenues; therefore, pay-as-you-go procedures do not apply. 
     CBO estimates that enacting the bill would not increase net 
     direct spending or on-budget deficits in any of the four 
     consecutive 10-year periods beginning in 2027.
       H.R. 5460 contains no intergovernmental or private-sector 
     mandates as defined in the Unfunded Mandates Reform Act and 
     would not affect the budgets of state, local, or tribal 
     governments.
       The CBO staff contact for this estimate is Jacob Fabian. 
     The estimate was approved by H. Samuel Papenfuss, Deputy 
     Assistant Director for Budget Analysis.
  The SPEAKER pro tempore (Mr. Byrne). The question is on the motion 
offered by the gentleman from New York (Mr. Donovan) that the House 
suspend the rules and pass the bill, H.R. 5460, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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