[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.
* * * * * * *
TITLE VII--MISCELLANEOUS
AUTHORITY TO PRESCRIBE RULES AND ACCEPT GIFTS
Sec. 701. (a)(1) * * *
* * * * * * *
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.
* * * * * * *
----------
United States Code--Title 6
[As amended by Public Law 107-296]
* * * * * * *
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.
* * * * * * *