[Senate Report 108-227]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 433
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-227

======================================================================



 
            EMERGENCY PREPAREDNESS AND RESPONSE ACT OF 2003

                                _______
                                

               February 25, 2004.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 930]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 930) 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, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill, as 
amended, do pass.

                    General Statement and Background

    The tragic events of September 11, 2001, demonstrated a 
need to prepare not only for natural disasters, but also for 
incidents of terrorism. Recognizing this need, the 
Administration proposed a $3.5 billion initiative to prepare 
the nation's first responders-police, firefighters, and 
emergency medical personnel-to respond to incidents of 
terrorism, including incidents involving weapons of mass 
destruction. In announcing this initiative, the President 
tasked FEMA with administering the new program. Currently in 
the United States there are over 1 million firefighters in the 
United States (750,000 of those are volunteers), 436,000 local 
police officers, 186,000 sworn sheriffs' deputies, and 155,000 
nationally registered Emergency Medical Technicians. Among this 
community, response capacity varies widely.
    On October 1, 2002, during the 107th Congress, the 
Committee on Environment and Public Works reported S. 2664, the 
``First Responder Terrorism Preparedness Act of 2002''. This 
bill amended the Stafford Act to buildupon the existing all-
hazards emergency preparedness and response framework that FEMA 
had established to enhance the level of preparedness of our 
nation's first responders. The bill authorized FEMA's Office of 
National Preparedness to lead a coordinated and integrated 
effort to build terrorism preparedness and response capability 
for weapons of mass destruction at all levels of government. 
The bill also contained a section authorizing additional 
assistance for FEMA's 28 Urban Search and Rescue task forces. 
The full Senate did not act on S. 2664 before the 107th 
Congress adjourned.
    In the 108th Congress, Senators Inhofe and Jeffords 
introduced S. 930, the ``Emergency Preparedness and Response 
Act of 2003''. This legislation is the continuation of the 
committee's work to increase the level of preparedness and 
emergency response capabilities of our nation's first 
responders. This bill, which amends the Stafford Act, 
establishes the framework for the Federal Government to partner 
with State and local governments to achieve this goal. With the 
creation of the Department of Homeland Security (DHS), FEMA 
became part of the DHS Emergency Preparedness and Response 
Directorate. The bill authorizes the DHS to lead a coordinated 
and integrated effort to build terrorism preparedness and 
response capability for weapons of mass destruction at all 
levels of government. It creates a new first responder grant 
program administered by the Secretary of the DHS. The program 
will enhance the capabilities of first responders by focusing 
needed resources in the following areas--equipment, planning, 
training, and exercises. The bill also contains a section 
authorizing additional assistance for FEMA's 28 Urban Search 
and Rescue task forces.

                      Section-By-Section Analysis

Section 1. Short Title
    This section provides that the title may be cited as the 
'Emergency Preparedness and Response Act of 2003'.
Sec. 2. Finding and Purposes
    This section describes the role of the Federal Emergency 
Management Agency prior to and following the formation of the 
DHS in emergency preparedness and response planning. It 
recognizes FEMA's strong leadership role and established record 
of working effectively with State and local first responders 
and governments. It also states the need to maintain existing 
capabilities and to expand capabilities of first responders to 
prepare for all possible hazards, both natural and man made. 
This section states that in order to ensure that Federal funds 
provided to States for first responders are coordinated with 
other homeland-security related funding streams, the Federal 
funds grant making function of the DHS will be consolidated in 
the office of the Secretary.
    The purpose of this legislation is to establish the 
framework for the Federal Government to partner with State and 
local governments to enhance preparedness and response efforts.
Section 3. Definitions
    This section amends section 102(2) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122(2)), and section 602(a) of the same act (42 U.S.C. 
5196(a)).
    The definition of ``Major Disaster'' was amended by 
inserting ``incident of terrorism,'' after ``drought),''.
    The definition of ``Weapon of Mass Destruction'' has the 
meaning given the term in 50 U.S.C. 2302 in which is defined as 
``any weapon or device that is intended, or has the capability, 
to cause death or serious bodily injury to a significant number 
of people through the release, dissemination, or impact of----
    (A) toxic or poisonous chemicals or their precursors;
    (B) a disease organism; or
    (C) radiation or radioactivity.''
Section 4. Preparedness Assistance For First Responders
    This section amends Subtitle B of title VI of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C 
5197 et seq.) The amendment adds section 630 to the Act to 
establish the program for providing assistance to first 
responders, and to describe how those funds will be allocated.
    There is broad consensus that any definition of first 
responders must include fire, emergency medical service, and 
law enforcement personnel. The committee recognizes that as 
time passes, there may be additional categories of first 
responders around which emerges a consensus that they should be 
included in the definition of first responder. The committee 
intends that the Secretary have some flexibility to potentially 
expand the categories of first responders eligible for funding 
under this program in order to reflect any new consensus.
    The Secretary is responsible for defining the term ``local 
entity.'' The legislation gives this discretion to the 
Secretary to ensure that all traditional first responders as 
defined in the Act, including career and volunteer first 
responder entities, are eligible for assistance. The 
committee's intent is to provide the Secretary with the 
authority necessary to provide funds to both local governments 
and to non-government entities such as non-profit fire and 
emergency medical services departments.
Program to Provide Assistance
    The legislation established a program to provide assistance 
to States to enhance the ability of State and local first 
responders to respond to all hazards. In order to be eligible 
for funding, the Governor must submit to and receive approval 
from, the Secretary for a 3-year State homeland security plan 
to respond to terrorist attacks and strengthen all-hazards 
emergency planning. Funds will be made available for 
interoperable equipment, training of first responders, 
preparedness training facilities, emergency operating centers, 
preparedness and response plans, systems and equipment to meet 
communication needs, to conduct exercises, to develop mutual 
aid agreements, and to carry out other related activities. The 
legislation prohibits the use of funds under this section to 
provide compensation for first responders except in particular 
cases. The Secretary has discretion to provide compensation to 
first responders for overtime expense incurred during the 
elevated threat levels of code orange and code red of the 
Homeland Security Advisory System or relating to training 
activities consistent with the goals outlined in a State 
homeland security plan. The Homeland Security Advisory System 
was created by President Bush on March 11, 2002 with the 
issuance of Homeland Security Presidential Directive 3. The 
Advisory System is intended to measure and evaluate terrorist 
threats and communicate them to the public in a timely manner. 
It provides a national framework for existing Federal alert 
systems, allowing government officials and citizens to 
communicate the nature and degree of terrorist threats. The 
advisory system analyzes threat information and assigns threat 
conditions which are classified as green (low condition), blue 
(guarded condition), yellow (elevated condition), orange (high 
condition), or red (severe condition.) Appropriate protective 
measures apply to each threat level.
    The committee intends that fund distributed under this Act 
for first responder training and first responder training 
facilities be used in a manner appropriate for the needs of the 
community. The committee intends that funds be leveraged to 
take full advantage of training facilities such as the National 
Memorial Institute for the Prevention of Terrorism in Oklahoma 
City; the National Center for the Study of Counter-Terrorism 
and Cyber-Crime at Norwich University, VT; the Center for 
Terrorism Preparedness at the University of Findlay, OH; the 
Texas Engineering Extension Service of Texas A&M University; 
the National Exercise, Test, and Training Center of the 
Department of Energy, located at the Nevada test site; and the 
Homeland Security and Strategic Training and Response Academy, 
Sacramento, CA.
    This section also establishes cost sharing requirements for 
funds provided under this program. The Federal share of costs 
eligible for assistance under the program shall not be less 
than 75 percent. The Secretary may increase the Federal share 
to not less than 90 percent when the Secretary determines that 
a grant recipient is economically distressed. The committee 
intends that State and local governments may count in-kind 
contributions as part of their cost share.
Allocation of Funds
    Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Islands, will each 
receive the lesser of $3 million or 0.25 percent of the amount 
made available. Each State and the District of Columbia will 
receive a base amount that is equal to the greater of $15 
million or 0.75 percent of the total funds made available, and 
a percentage of the total remaining funds made available based 
on high-threat areas and vulnerability criteria established by 
the Secretary which include the State homeland security plan 
required by subsection (d), population (including tourist 
population), location of critical infrastructure, location of 
public buildings, location of sites of national significance, 
proximity to international borders, known or suspected threat 
areas, and areas in which large numbers of people congregate. 
The committee included the State homeland security plan in this 
list to ensure that the Secretary incorporates the identified 
needs of each State into funding allocation decisions. In 
addition, the committee intends that there be a reasonable 
level of transparency in the funding allocations made by the 
Secretary.
Direct Funding
    This section requires the Secretary to provide not less 
than 10 percent of the funds directly to local government or 
local government entities from a list of recommendations 
provided by the Governors of each State. The Secretary may 
select local governments to receive funds that are not 
recommended by the Governor of the State in which they are 
located except if the Secretary determines that extraordinary 
circumstances justify the selection and making the selection 
will further the purposes of this section. If a Governor fails 
to nominate any local governments the President may select 
local governments to receive assistance under this section.
Provision of Funds to Local Governments and Local Entities
    The committee intends that funds move quickly once 
appropriated through the Federal and State governments to the 
first responders. This section requires that States must 
provide at least 80 percent of the funds received by the State 
to local governments and entities within the State within 45 
days of receipt. If a State fails to comply, a local government 
may petition the Secretary for direct funding.
Administrative Expenses
    A State may use no more than 10 percent of the funds it 
retains for salaries and administrative expenses associated 
with this program.
Maintenance of Expenditures
    The committee intends that funds provided by this section 
supplement and not supplant existing State and local resources. 
Therefore, grant recipients must agree to maintain for the 
fiscal year in which assistance is provided, spending levels at 
or above the average annual level of those expenditures for the 
two previous fiscal years.
Reports
    The States must submit an annual report to the Secretary 
not later than 60 days after the end of the fiscal year. States 
must also conduct an exercise, or participate in a regional 
exercise, approved by the Secretary to measure the progress of 
the State in enhancing first responder capabilities no later 
than 3 years after the enactment of this Act and report to 
Congress on the results.
Coordination
    The Secretary shall, as necessary, coordinate the provision 
of assistance under this section with activities carried out by 
appropriate Federal agencies and Indian Tribes.
Cost Sharing for Emergency Operating Centers
    This section amends section 614 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5196(c)) by inserting ``other than section 630'' after ``carry 
out this title"; and ``under this title''.
Section 5. Urban Search And Rescue Task Forces
    This section amends Subtitle B of title VI of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C 
5197 et seq.) The amendment adds section 631 to the Act, which 
defines several terms, describes the funding program for urban 
search and rescue, and the method for allocating those funds.
    The purpose of Section 5 is to provide the needed funds, 
equipment, and training to ensure that all urban search and 
rescue task forces have the full capability to respond to any 
disaster, including acts of terrorism involving a weapon of 
mass destruction. The Federal Emergency Management Agency 
(FEMA) established the National Urban Search and Rescue 
Response System in 1989 pursuant to requirement in the 
Earthquakes Hazards Reduction Act of 1977, which directed FEMA 
to provide adequate search and rescue capacity in the event of 
an earthquake. There currently are 28 task forces throughout 
the United States. The terrorist attacks of September 11, 2001, 
demonstrated the need for fully equipped and trained task 
forces. The committee recognizes that the Federal Government 
has a responsibility to ensure that each task force is 
adequately trained and equipped to perform urban search and 
rescue functions in all environments, including the aftermath 
from acts of terrorism involving weapons of mass destruction. 
The Federal Government must ensure that each task force has 
adequate equipment to meet all operational needs and staff 
support, and the capability to put two full teams in the field 
to meet any disaster or act of terrorism. While these task 
forces were originally created for earthquake response, they 
have an expanding and vital role in responding to acts of 
terrorism, including those involving weapons of mass 
destruction. These task forces also have a role to play in 
sharing their expertise with other first responders. This 
section authorizes mandatory grants of $1,500,000 for the cost 
of operations for each Secretary-designated urban search and 
rescue task force. It also authorizes additional discretionary 
grants for operations, equipment, training, transportation, 
expansion, and incident support teams. The Act establishes a 
goal of providing each task force with the resources necessary 
to train and equip two teams that can deploy simultaneously. 
The Secretary may designate task forces in addition to the 28 
current task forces in existence until all 28 teams have 
reached that goal.
Study
    This section requires the Secretary to conduct a study 
within 180 days of enactment, to: 1) evaluate the need for 
minimum capability urban search and rescue teams (USAR-lights) 
in major metropolitan areas; 2) identify locations in which 
such a capability would significantly improve the ability to 
respond effectively to an incident; and 3) identify the 
equipment and staffing that would be required to provide short-
term, immediate response while waiting for a full USAR team to 
arrive.
Section 6. Study of Emergency Response Communications System
    This section amends Subtitle B of title VI of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C 
5201 et seq.) It adds section 706 to the Act, which requires 
the Secretary of Homeland Security to conduct a study within 90 
days, in consultation with the Federal Communications 
Commission, the National Institute of Standards and Technology, 
and the Secretary of Defense, to determine the resources needed 
for an effective national communications system for emergency 
response personnel.
    The committee believes that one of the serious weaknesses 
in our emergency preparedness and response system highlighted 
by September 11th is the lack of interoperability among first 
responder communication systems. The committee believes that 
one of the highest priorities for DHS should be developing 
national standards and a plan for interoperable communications 
systems for our nation's first responders.
Section 7. Non-Homeland Security Mission Performance Report
    In order to ensure that the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act continues to be 
administered by the Federal Emergency Management Agency, this 
section requires the Secretary of Homeland Security to submit 
to Congress a report outlining the effectiveness with which 
FEMA is performing its non-homeland security functions. The 
committee wants to ensure that the incorporation of the Federal 
Emergency Management Agency into the Department of Homeland 
Security does not degrade its capacity to perform its more 
frequent mission of emergency preparedness and response for 
natural disasters. This reporting requirement is intended to 
ensure that the Secretary of Homeland Security remains vigilant 
and takes the necessary actions to ensure that non-homeland 
security functions of FEMA are not degraded .
Section 8. Office for Domestic Preparedness
    This section moves the Office of Domestic Preparedness out 
of the Directorate of Border and Transportation Security (of 
the Department of Homeland Security) and into the office of the 
Secretary of Homeland Security. This structural change will 
ensure that the multitude of grant programs administered by the 
Department of Homeland Security are administered in a 
coordinated fashion.
Section 9. Authorization of Appropriations
    This section amends 626 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C 5197 et seq.) The 
section is amended by striking subsection (a), and inserting 
new language outlining the authorization of appropriations as 
necessary in general, and specifically through fiscal year 
2007. To carry out section 631 (USAR), this section authorizes 
$160 million for fiscal year 04 and $42 million for each of 
fiscal years 2005 through 2007

                          Legislative History

    Senators Inhofe and Jeffords introduced S. 930 the 
``Emergency Preparedness and Response Act of 2003,'' on April 
28, 2003. The committee reported the bill favorably, with an 
amendment in the nature of a substitute, on July 30, 2003, by 
voice vote.
    In the 107th Congress, on June 27, 2002, the committee 
ordered S. 2664 reported favorably. Senate bill S. 2664, 
introduced by Senator Jeffords and Senator Bob Smith was 
similar to S. 930. As reported, the bill reflects the evolution 
of homeland security issues over the last 12 months.

                                Hearings

    Prior to the introduction of S. 930, the Committee on 
Environment and Public Works held two hearings and one business 
meeting on emergency response issues. On October 16, 2001, the 
committee held a hearing on the Federal response to the 
September 11, 2001 attacks, receiving testimony from Hon. 
Joseph Allbaugh, Director, Federal Emergency Management Agency; 
Edward P. Plaugher, Chief, Arlington County Fire Department 
Arlington, VA; Jeffrey L. Metzinger, Chief, Sacramento 
Metropolitan Fire Department and Member, FEMA Urban Search and 
Rescue Team; and Robert Hessinger, Member, Ohio Task Force One.
    On March 12, 2002, the committee held a hearing to consider 
the President's budget request for first response to disasters, 
receiving testimony from Hon. Joe Allbaugh, Director, Federal 
Emergency Management Agency; Woodbury P. Fogg, P.E., on behalf 
of the National Emergency Management Association; Ed Wilson, 
Chief, city of Portland Fire Department, Portland, OR; Mike 
O'Neil, Chief, South Burlington Fire Department, Burlington, 
VT; and Kenneth E. Zirkle, President, The University of 
Findlay, Findlay, OH.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 930 on July 30, 2003. The committee voted favorably 
to report S. 930 by voice vote. By voice vote, the committee 
agreed to a manager's amendment and a second degree amendment 
offered by Senators Inhofe and Jeffords.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes evaluation of 
the regulatory impact of the reported bill.
    The bill does not create any additional regulatory burdens, 
nor will it cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 930 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 9, 2003.

Hon. James M. Inhofe, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 930, the Emergency 
Preparedness and Response Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff is Kim Cawley, who can 
be reached at 226-2860.
            Sincerely,
                                        Douglas Holtz-Eakin
                              ----------                              

S. 930, Emergency Preparedness and Response Act of 2003, As ordered 
        reported by the Senate Committee on Environment and Public 
        Works on July 30, 2003
Summary
    S. 930 would amend the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act to establish two new grant 
programs within the Department of Homeland Security (DHS). 
First, the bill would authorize such sums as are necessary for 
a grant program to help first responders (fire, emergency 
medical service, and law enforcement personnel) prepare for 
terrorist incidents and natural disasters. Second, S. 930 would 
authorize the appropriation of $286 million for grants to urban 
search and rescue task forces.
    Assuming appropriation of the necessary sums, CBO estimates 
that implementing the bill would cost about $1.7 billion over 
the 2004-2008 period. Enacting S. 930 would not affect direct 
spending or revenues.
    S. 930 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The bill would provide several benefits to State, local, and 
tribal governments. Those governments would benefit from the 
new grant programs that would be authorized by the bill.
Estimated Cost to the Federal Government
    The estimated budgetary impact of S. 930 is shown in the 
following table. The costs of this legislation fall within 
budget function 450 (community and regional development).


                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                        2003      2004      2005      2006      2007      2008
----------------------------------------------------------------------------------------------------------------
          SPENDING SUBJECT TO APPROPRIATION
Spending for First Responder Grants Under Current
 Law:
    Estimated Authorization Level\1\................     3,230     3,287     3,310     3,405     3,506         0
    Estimated Outlays...............................     1,357     2,253     2,859     3,206     3,413     1,989

Proposed Changes:
    Estimated Authorization Level...................         0       160    42 D42        42     3,600
    Estimated Outlays...............................         0        67        61        58        51     1,512

Spending for First Responder Grants and Urban Search
 and Rescue Task Force Grants Under S. 930:
    Estimated Authorization Level\1\................     3,230     3,447     3,352     3,447     3,548     3,600
    Estimated Outlays...............................     1,357     2,320     2,920     3,264     3,464     3,501
----------------------------------------------------------------------------------------------------------------
\1\The 2003 level is the amount appropriated for that year; the 2004-2007 levels assume the grants program
  continues at the 2003 level, adjusted for anticipated inflation.

Basis of Estimate
    For this estimate, CBO assumes that S. 930 will be enacted 
near the start of fiscal year 2004 and that the specified and 
estimated amounts necessary to implement the bill will be 
appropriated for each year. CBO estimates that implementing S. 
930 would cost about $1.7 billion over the 2004-2008 period.
    S. 930 would authorize a first responder grant program that 
is similar to the grant program that the Office of Domestic 
Preparedness (ODP) within the Department of Homeland Security 
is implementing under current law. The ODP derives its primary 
authority to distribute grants to States and localities to 
prepare and respond to terrorism from the USA Patriot Act (P.L. 
107-56) and the Homeland Security Act. The agency also cites 
the Antiterrorism and Effective Death Penalty Act of 1996 (P.L. 
104-132) and the Defense Authorization Act of 1997 (P.L. 104-
201) as additional sources of its authority to distribute such 
grants.
    The grant program that would be established by S. 930 seeks 
to promote an all-hazards approach to local preparedness that 
coordinates funding for managing natural hazards and terrorism 
incidents. It is possible that State and local financial needs 
would be greater under this broader grant program than under 
DHS's current first responder grant program, but CBO has no 
basis for estimating any additional costs for such a grant 
program.
    The grant programs authorized by the USA Patriot Act will 
expire in 2007. Therefore, CBO assumes that the authority to 
provide homeland security grants that would be provided by this 
bill would not affect spending significantly until 2008. The 
estimated 2008 authorization level--$3.6 billion--is the amount 
appropriated in 2003 for grants, adjusted for anticipated 
inflation.
    S. 930 also would authorize DHS to provide grants to urban 
search and rescue task forces to pay for operating expenses, 
equipment, and training. Those task forces locate, rescue, and 
provide initial medical service to victims trapped in confined 
spaces. For those grants, the bill would authorize the 
appropriation of $286 million over the 2004-2007 period. CBO 
estimates that about $265 million would be spent over the 2004-
2008 period.
Intergovernmental and Private-Sector Impact
    S. 930 contains no intergovernmental or private-sector 
mandates and would provide several benefits for State, local, 
and tribal governments. This bill would expand the scope of 
homeland security grants to State and local governments and 
authorize such grants through 2008. Each State would receive a 
base allocation of $15 million each year. Additional funds 
would be distributed by formula, which would give special 
consideration to urban areas that may face higher threats.
    In addition to other eligible activities, those funds would 
be available to pay for overtime and related expenses during 
code red and code orange threat alerts. Local governments would 
receive 10 percent of the awards directly through the grant 
process and 80 percent of the funds awarded to States in the 
form of training, equipment, or cash assistance.
    This bill also would authorize grants to urban search and 
rescue task forces. In the event of a disaster, some State and 
local governments would benefit from the expertise and 
assistance of these task forces.
Previous Estimate
    On July 16, 2003, CBO transmitted a cost estimate for S. 
1245, the Homeland Security Grant Enhancement Act of 2003, as 
ordered reported by the Senate Committee on Governmental 
Affairs on June 17, 2003. Both bills would authorize grants for 
first responders. S. 930 would also authorize grants for urban 
search and rescue task forces.

Estimate Prepared By: Federal Costs: Kim Cawley; Impact on 
State, Local, and Tribal Governments: Melissa Merrell; Impact 
on the Private Sector: Cecil McPherson.

Estimate Approved By: Robert A. Sunshine, Assistant Director 
for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:
                                ------                                


  THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

    AN ACT Entitled the ``Disaster Relief Act Amendments of 1974''.

  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 ``Robert T. Stafford Disaster 
Relief and Emergency Assistance Act''.

           *       *       *       *       *       *       *


                              DEFINITIONS

    Sec. 102. As used in this Act--
            (1) Emergency.--``Emergency'' means any occasion or 
        instance for which, in the determination of the 
        President, Federal assistance is needed to supplement 
        State and local efforts and capabilities to save lives 
        and to protect property and public health and safety, 
        or to lessen or avert the threat of a catastrophe in 
        any part of the United States.
            (2) Major disaster.--``Major disaster'' means any 
        natural catastrophe (including any hurricane, tornado, 
        storm, high water, winddriven water, tidal wave, 
        tsunami, earthquake, volcanic eruption, landslide, 
        mudslide, snowstorm, [or drought] , drought, or 
        incident of terrorism), or, regardless of cause, any 
        fire, flood, or explosion, in any part of the United 
        States, which in the determination of the President 
        causes damage of sufficient severity and magnitude to 
        warrant major disaster assistance under this Act to 
        supplement the efforts and available resources of 
        States, local governments, and disaster relief 
        organizations in alleviating the damage, loss, 
        hardship, or suffering caused thereby.

           *       *       *       *       *       *       *


SEC. 602. DEFINITIONS.

    (a) Definitions.--For purposes of this title only:
            (1) Hazard.--The term ``hazard'' means an emergency 
        or disaster resulting from--

           *       *       *       *       *       *       *

            (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. 614. REQUIREMENT FOR STATE MATCHING FUNDS FOR CONSTRUCTION OF 
                    EMERGENCY OPERATING CENTERS.

    Notwithstanding any other provision of this title, funds 
appropriated to carry out this title (other than section 630) 
may not be used for the purpose of constructing emergency 
operating centers (or similar facilities) in any State unless 
such State matches in an equal amount the amount made available 
to such State under this title (other than section 630) for 
such purpose.

           *       *       *       *       *       *       *


                     Subtitle B--General Provisions

SEC. 621. ADMINISTRATIVE AUTHORITY.

    (a) In General.-- * * *

           *       *       *       *       *       *       *


SEC. 626. AUTHORIZATION OF APPROPRIATIONS AND TRANSFERS OF FUNDS.

    [(a) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to carry out 
the provisions of this title.]
    (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.

           *       *       *       *       *       *       *


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.

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.

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                        TITLE VII--MISCELLANEOUS

             AUTHORITY TO PRESCRIBE RULES AND ACCEPT GIFTS

    Sec. 701. (a)(1) * * *

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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.

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                              ----------                              


                      United States Code--Title 6

[As amended by Public Law 107-296]

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SEC. [238] 802. OFFICE FOR DOMESTIC PREPAREDNESS.

    (a) In General.--The Office for Domestic Preparedness shall 
be within the [Directorate of Border and Transportation 
Security] the Office for State and Local Government 
Coordination.
    (b) Director.--There shall be a Director of the Office for 
Domestic Preparedness, [who shall be appointed by the 
President, by and with the advice and consent of the Senate. 
The Director of the Office for Domestic Preparedness shall 
report directly to the Under Secretary for Border and 
Transportation Security]. who shall report directly to the 
Director of State and Local Government Coordination.
    (c) Responsibilities.--The Office for Domestic Preparedness 
shall have the primary responsibility within the executive 
branch of Government for the preparedness of the United States 
for acts of terrorism, including-
            (1) coordinating preparedness efforts at the 
        Federal level, and working with all State, local, 
        tribal, parish, and private sector emergency response 
        providers on all matters pertaining to combating 
        terrorism, including training, exercises, and equipment 
        support;
            (2) coordinating or, as appropriate, consolidating 
        communications and systems of communications relating 
        to homeland security at all levels of government;
            (3) directing and supervising terrorism 
        preparedness grant programs of the Federal Government 
        (other than those programs administered by the 
        Department of Health and Human Services) for all 
        emergency response providers;
            (4) incorporating the Strategy priorities into 
        planning guidance on an agency level for the 
        preparedness efforts of the Office for Domestic 
        Preparedness;
            (5) providing agency-specific training for agents 
        and analysts within the Department, other agencies, and 
        State and local agencies and international entities;
            (6) as the lead executive branch agency for 
        preparedness of the United States for acts of 
        terrorism, cooperating closely with the Federal 
        Emergency Management Agency, which shall have the 
        primary responsibility within the executive branch to 
        prepare for and mitigate the effects of nonterrorist-
        related disasters in the United States;
            (7) assisting and supporting the Secretary, in 
        coordination with [other] the Directorates and entities 
        outside the Department, in conducting appropriate risk 
        analysis and risk management activities of State, 
        local, and tribal governments [consistent with the 
        mission and functions of the Directorate]; and
            (8) carrying out those elements of the Office of 
        National Preparedness of the Federal Emergency 
        Management Agency which relate to terrorism, which 
        shall be consolidated within the Department in the 
        Office for Domestic Preparedness established under this 
        section.
    (d) Fiscal Years 2003 and 2004.--During fiscal year 2003 
and fiscal year 2004, the Director of the Office for Domestic 
Preparedness established under this section shall manage and 
carry out those functions of the Office for Domestic 
Preparedness of the Department of Justice (transferred under 
this section) before September 11, 2001, under the same terms, 
conditions, policies, and authorities, and with the required 
level of personnel, assets, and budget before September 11, 
2001.

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