[House Report 111-376]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-376

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



 
         FIRST RESPONDER ANTI-TERRORISM TRAINING RESOURCES ACT

                                _______
                                

 December 15, 2009.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3978]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Homeland Security, to whom was referred the 
bill (H.R. 3978) to amend the Implementing Recommendations of 
the 9/11 Commission Act of 2007 to authorize the Secretary of 
Homeland Security to accept and use gifts for otherwise 
authorized activities of the Center for Domestic Preparedness 
that are related to preparedness for and response to terrorism, 
and for other purposes, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Advisory Committee Statement.....................................     4
Constitutional Authority Statement...............................     4
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     5

                          Purpose and Summary

    The purpose of H.R. 3978 is to amend the Implementing 
Recommendations of the 9/11 Commission Act of 2007 to authorize 
the Secretary of Homeland Security to accept and use gifts for 
otherwise authorized activities of the Center for Domestic 
Preparedness that are related to preparedness for and response 
to terrorism.

                  Background and Need for Legislation

    The Federal Emergency Management Agency's (FEMA) Center for 
Domestic Preparedness (CDP), located in Anniston, Alabama, 
began its operations in 1998 and offers unique hands-on 
training to America's emergency responders on chemical, 
biological, radiological, nuclear, and explosive weapons. CDP 
is the Nation's leading all-hazards training center and the 
only federally-chartered weapons of mass destruction training 
center. Training at the CDP for State and local emergency 
responders is fully funded by the Department of Homeland 
Security. Thousands of responders from all fifty States, the 
District of Columbia, and all U.S. territories, have trained at 
the CDP. In addition, CDP provides training to Federal 
government employees, foreign officials, and private entities.
    CDP often receives offers of donations from official 
sources (as do other Department of Homeland Security (DHS) 
training centers), particularly training displays such as 
railroad cars, trailers, and emergency response equipment, as 
well as offers of services such as guest lecturers. Authority 
for gift acceptance is granted under the Stafford Act (see 42 
U.S.C. 5197(d)). This authority only applies to gifts for 
preparedness purposes in accordance with the provisions of the 
Stafford Act. Since activities of the CDP are not conducted 
under the Stafford Act, this gift provision does not apply, and 
the CDP therefore lacks legal authority to accept gifts that 
would enhance its ability to deliver training. H.R. 3978 is 
necessary to close this statutory gap, by authorizing CDP to 
accept certain gifts for certain purposes.
    Other DHS training centers not covered by the Stafford Act, 
such as the Federal Law Enforcement Training Center (FLETC), 
have statutory authority to accept gifts (see 6 U.S.C. 
464(a)). Consistent with the authority provided to FLETC in 
2004, H.R. 3978 would authorize the Secretary to accept 
donations for activities of the CDP that will help bolster 
first responder terrorism preparedness and response training.

                                Hearings

    No Committee hearings were held on H.R. 3978. However, 
during the 109th Congress, the Subcommittee on Management, 
Investigations, and Oversight conducted a related field hearing 
on July 22, 2008, in McClellan, Alabama entitled ``Examining 
the Training of First Responders in Rural Communities.'' The 
Subcommittee received testimony from Hon. Dennis Schrader, 
Deputy Administrator for National Preparedness, Federal 
Emergency Management Agency, Department of Homeland Security; 
Mr.Jim Walker, Director, Alabama Department of Homeland 
Security; Dr. William Meehan, President, Jacksonville State 
University; Mr.John Pearce, Associate Director, Auburn 
University Canine Detection Training Center; and Mr.Matthew C. 
Knight, Vice President, Alabama Association of Rescue Squads.

                        Committee Consideration

    The Subcommittee on Emergency Communications, Preparedness, 
and Response considered H.R. 3978 on November 3, 2009, and 
forwarded the measure to the Full Committee for consideration 
with a favorable recommendation, by voice vote.
    The Committee on Homeland Security met on November 17, 
2009, to consider H.R. 3978, and ordered the measure to be 
reported to the House with a favorable recommendation by voice 
vote. The Committee took the following actions:
    The Committee adopted the measure, without amendment, by 
unanimous consent.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 3978.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

     In compliance with clause 3(c)(2) of rule XIII of the 
Rules of the House of Representatives, the Committee finds that 
H.R. 3978, the First Responder Anti-Terrorism Training 
Resources Act, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

     The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                                 November 19, 2009.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3978, the First 
Responder Anti-Terrorism Training Resources Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Daniel 
Hoople.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3978--First Responder Anti-Terrorism Training Resources Act

    CBO estimates that implementing H.R. 3978 would have no 
significant cost over the next five years. Enacting this 
legislation would not affect direct spending or revenues.
    The bill would allow the Department of Homeland Security 
(DHS) to accept non-monetary gifts, including real and personal 
property and services, for certain authorized activities of the 
Center for Domestic Preparedness that it would not otherwise be 
able to accept under current law. DHS would be required to 
report to Congress each year on the gifts received as a result 
of this bill. Because such gifts would be non-monetary and 
would, in most cases, not amount to a significant value, CBO 
estimates that implementing H.R. 3978 would not significantly 
affect the federal budget.
    H.R. 3978 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Daniel Hoople. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

     Pursuant to clause 3(c)(4) of rule XIII of the Rules of 
the House of Representatives, H.R. 3978 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    H.R. 3978 requires the Secretary of Homeland Security to 
submit an annual report to the House Committee on Homeland 
Security and the Senate Committee on Homeland Security and 
Governmental Affairs on gifts accepted under this bill.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

     In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 1, which grants Congress the power 
to provide for the common Defense of the United States.

                  Applicability to Legislative Branch

     The Committee finds that the legislation does not relate 
to the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.  Short title

    This Act may be cited as the ``First Responder Anti-
Terrorism Training Resources Act''.

Section 2.  Acceptance of gifts for first responder terrorism 
        preparedness and response training

    This section amends Section 1204 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 to allow the 
Secretary of Homeland Security to accept and use gifts of 
property and services, including guest lecturers, for 
activities of the Center for Domestic Preparedness (CDP) that 
are related to preparedness for and response to terrorism.
    The Committee views the authority to accept and use donated 
goods for activities of the CDP as important to first responder 
preparedness and response training. Currently, the CDP lacks 
the authority to accept donations of goods, such as training 
displays, and services, such as guest lecturers. Other DHS 
training centers, such as the Federal Law Enforcement Training 
Center, already benefit from this authority (see 6 U.S.C. 
464(a)).
    The Secretary is required to report annually to the House 
Committee on Homeland Security and the Senate Committee on 
Homeland Security and Governmental Affairs on the donations 
that are accepted under this Act; how those donations 
contribute to the mission of the Center for Domestic 
Preparedness; and the amount of Federal savings generated by 
their acceptance.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

SECTION 1204 OF THE IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION 
                              ACT OF 2007

SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

  (a) * * *

           *       *       *       *       *       *       *

  (f) Acceptance of Gifts.--
          (1) Authority.--Notwithstanding section 873(b) of the 
        Homeland Security Act of 2002 (6 U.S.C. 453(b)), the 
        Secretary may accept and use gifts of property, both 
        real and personal, and may accept gifts of services, 
        including from guest lecturers, for otherwise 
        authorized activities of the Center for Domestic 
        Preparedness that are related to preparedness for and 
        response to terrorism.
          (2) Report.--The Secretary shall report annually to 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security 
        and Governmental Affairs of the Senate--
                  (A) any gifts that were accepted under this 
                subsection in the preceding year;
                  (B) how such gifts contribute to the mission 
                of the Center for Domestic Preparedness; and
                  (C) the amount of Federal savings that were 
                generated from the acceptance of such gifts.

           *       *       *       *       *       *       *


                                  
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