[House Report 114-788]
[From the U.S. Government Publishing Office]


114th Congress    }                                         {    Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                         {   114-788

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



 
         FIRST RESPONDER ACCESS TO INNOVATIVE TECHNOLOGIES ACT

                                _______
                                

 September 26, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5460]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 5460) to amend the Homeland Security Act of 2002 
to establish a review process to review applications for 
certain grants to purchase equipment or systems that do not 
meet or exceed any applicable national voluntary consensus 
standards, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
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
Duplicative Federal Programs.....................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     4
Disclosure of Directed Rule Makings..............................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``First Responder Access to Innovative 
Technologies Act''.

SEC. 2. APPROVAL OF CERTAIN EQUIPMENT.

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

                          Purpose and Summary

    The purpose of H.R. 5460 is to amend the Homeland Security 
Act of 2002 to establish a process to review applications for 
certain grants to purchase equipment or systems that do not 
meet or exceed any applicable national voluntary consensus 
standards, and for other purposes.

                  Background and Need for Legislation

    As the threats that confront communities across the nation 
evolve, so too do the events first responders are called upon 
to tackle. Advancements in first responder technology are 
making it possible for first responders to do their jobs better 
and safer. Unfortunately, some first responders are unable to 
acquire innovative, modern technologies. Section 2008(f) of the 
Homeland Security Act requires applications for State Homeland 
Security Grant Program (SHSGP) and the Urban Area Security 
Initiative (UASI) funds to include an explanation should the 
applicant propose to purchase or upgrade equipment that does 
not meet or exceed applicable national voluntary consensus 
standards. Although FEMA does review such requests, 
stakeholders have complained that the process lacks uniformity, 
predictability, and transparency. Moreover, FEMA does not have 
a process in place to review requests to purchase equipment or 
systems for which no consensus standards exist. H.R. 5460 would 
help first responders use grant funds to purchase innovative 
technology by directing FEMA to develop a uniform, transparent 
process for reviewing these requests.

                                Hearings

    No hearings were held on H.R. 5460 in the 114th Congress.

                        Committee Consideration

    The Committee met on September 13, 2016, to consider H.R. 
5460, and ordered the measure to be reported to the House with 
a favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendment was offered:

 An Amendment by Mr. Donovan (#1); was AGREED TO by voice vote.
     In subsection (b), in the matter preceding paragraph (1), strike 
``review process'' and insert ``the processes''.
     Amend paragraph (2) of subsection (b) to read as follows:
     (2) The capability gaps identified by applicants and the number of 
such requests granted or denied.

    The Subcommittee on Emergency Preparedness, Response, and 
Communications met on June 16, 2016, to consider H.R. 5460, and 
ordered the measure reported to the Full Committee with a 
favorable recommendation, without amendment, by voice vote.

                            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. 5460.

                      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. 
5460, the First Responder Access to Innovative Technologies 
Act, would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         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. 5460 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    Under this legislation, the Committee intends FEMA to 
implement a uniform process for reviewing applications to use 
SHSGP and UASI funds to purchase equipment or systems that do 
not meet or exceed national voluntary consensus standards. 
Additionally, H.R. 5460 would require the Inspector General of 
the Department of Homeland Security to submit a report to the 
Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs 
of the Senate assessing FEMA's implementation of the review 
process. The report is required not later than three years 
after the date of enactment of this bill. Further, it would 
include the number of requests to purchase the type of 
equipment or systems mentioned above; the capability gaps 
identified in applications to purchase such equipment or 
systems; the number of requests granted and denied, and the 
processing time for the review of such requests.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 5460 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   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

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 5460 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 5460 would require no 
directed rule makings.

                      Advisory Committee Statement

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

                  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 section provides that this bill may be cited as the 
``First Responder Access to Innovative Technologies Act''.

Sec. 2.   Approval of Certain Equipment.

    This section amends Subsection (f) of section 2008 of the 
Homeland Security Act of 2002 (6 U.S.C. 609) by adding at the 
end a review process for applications seeking to purchase 
equipment or systems that do not meet or exceed applicable 
national voluntary consensus standards using funds from the 
Urban Area Security Initiative or the State Homeland Security 
Grant Program. The Administrator is required to implement a 
uniform process for reviewing such applications against the 
following criteria:
    1.   current or past use of proposed equipment or systems 
        by Federal agencies or the Armed Forces;
    2.   the absence of a national voluntary consensus standard 
        for such equipment or systems;
    3.   the existence of an international consensus standard 
        for such equipment or systems, and whether such 
        equipment or systems meets such standard;
    4.   the nature of the capability gap identified by the 
        applicant and how such equipment or systems will 
        address such gap;
    5.   the degree to which such equipment or systems will 
        serve the needs of the applicant better than that which 
        meets or exceeds existing consensus standards; and
    6.   any other factor determined appropriate by the 
        Administrator.
    This section also requires the Inspector General to report 
to Congress, no later than three years after enactment of this 
Act, on the implementation of the review process established 
under this Act, which includes the number of requests to 
purchase equipment or systems that do not meet or exceed any 
applicable consensus standard evaluated under such review 
process; the number of such requests granted and denied; and 
how long it takes to review such requests.

         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 (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002




           *       *       *       *       *       *       *
TITLE XX--HOMELAND SECURITY GRANTS

           *       *       *       *       *       *       *


Subtitle A--Grants to States and High-Risk Urban Areas

           *       *       *       *       *       *       *


SEC. 2008. USE OF FUNDS.

  (a) Permitted Uses.--The Administrator shall permit the 
recipient of a grant under section 2003 or 2004 to use grant 
funds to achieve target capabilities related to preventing, 
preparing for, protecting against, and responding to acts of 
terrorism, consistent with a State homeland security plan and 
relevant local, tribal, and regional homeland security plans, 
including by working in conjunction with a National Laboratory 
(as defined in section 2(3) of the Energy Policy Act of 2005 
(42 U.S.C. 15801(3))), through--
          (1) developing and enhancing homeland security, 
        emergency management, or other relevant plans, 
        assessments, or mutual aid agreements;
          (2) designing, conducting, and evaluating training 
        and exercises, including training and exercises 
        conducted under section 512 of this Act and section 648 
        of the Post-Katrina Emergency Management Reform Act of 
        2006 (6 U.S.C. 748);
          (3) protecting a system or asset included on the 
        prioritized critical infrastructure list established 
        under section 210E(a)(2);
          (4) purchasing, upgrading, storing, or maintaining 
        equipment, including computer hardware and software;
          (5) ensuring operability and achieving 
        interoperability of emergency communications;
          (6) responding to an increase in the threat level 
        under the Homeland Security Advisory System, or to the 
        needs resulting from a National Special Security Event;
          (7) establishing, enhancing, and staffing with 
        appropriately qualified personnel State, local, and 
        regional fusion centers that comply with the guidelines 
        established under section 210A(i);
          (8) enhancing school preparedness;
          (9) enhancing the security and preparedness of secure 
        and nonsecure areas of eligible airports and surface 
        transportation systems;
          (10) supporting public safety answering points;
          (11) paying salaries and benefits for personnel, 
        including individuals employed by the grant recipient 
        on the date of the relevant grant application, to serve 
        as qualified intelligence analysts, regardless of 
        whether such analysts are current or new full-time 
        employees or contract employees;
          (12) paying expenses directly related to 
        administration of the grant, except that such expenses 
        may not exceed 3 percent of the amount of the grant;
          (13) any activity permitted under the Fiscal Year 
        2007 Program Guidance of the Department for the State 
        Homeland Security Grant Program, the Urban Area 
        Security Initiative (including activities permitted 
        under the full-time counterterrorism staffing pilot), 
        or the Law Enforcement Terrorism Prevention Program; 
        and
          (14) any other appropriate activity, as determined by 
        the Administrator.
  (b) Limitations on Use of Funds.--
          (1) In general.--Funds provided under section 2003 or 
        2004 may not be used--
                  (A) to supplant State or local funds, except 
                that nothing in this paragraph shall prohibit 
                the use of grant funds provided to a State or 
                high-risk urban area for otherwise permissible 
                uses under subsection (a) on the basis that a 
                State or high-risk urban area has previously 
                used State or local funds to support the same 
                or similar uses; or
                  (B) for any State or local government cost-
                sharing contribution.
          (2) Personnel.--
                  (A) In general.--Not more than 50 percent of 
                the amount awarded to a grant recipient under 
                section 2003 or 2004 in any fiscal year may be 
                used to pay for personnel, including overtime 
                and backfill costs, in support of the permitted 
                uses under subsection (a).
                  (B) Waiver.--At the request of the recipient 
                of a grant under section 2003 or 2004, the 
                Administrator may grant a waiver of the 
                limitation under subparagraph (A).
          (3) Limitations on discretion.--
                  (A) In general.--With respect to the use of 
                amounts awarded to a grant recipient under 
                section 2003 or 2004 for personnel costs in 
                accordance with paragraph (2) of this 
                subsection, the Administrator may not--
                          (i) impose a limit on the amount of 
                        the award that may be used to pay for 
                        personnel, or personnel-related, costs 
                        that is higher or lower than the 
                        percent limit imposed in paragraph 
                        (2)(A); or
                          (ii) impose any additional limitation 
                        on the portion of the funds of a 
                        recipient that may be used for a 
                        specific type, purpose, or category of 
                        personnel, or personnel-related, costs.
                  (B) Analysts.--If amounts awarded to a grant 
                recipient under section 2003 or 2004 are used 
                for paying salary or benefits of a qualified 
                intelligence analyst under subsection (a)(10), 
                the Administrator shall make such amounts 
                available without time limitations placed on 
                the period of time that the analyst can serve 
                under the grant.
          (4) Construction.--
                  (A) In general.--A grant awarded under 
                section 2003 or 2004 may not be used to acquire 
                land or to construct buildings or other 
                physical facilities.
                  (B) Exceptions.--
                          (i) In general.--Notwithstanding 
                        subparagraph (A), nothing in this 
                        paragraph shall prohibit the use of a 
                        grant awarded under section 2003 or 
                        2004 to achieve target capabilities 
                        related to preventing, preparing for, 
                        protecting against, or responding to 
                        acts of terrorism, including through 
                        the alteration or remodeling of 
                        existing buildings for the purpose of 
                        making such buildings secure against 
                        acts of terrorism.
                          (ii) Requirements for exception.--No 
                        grant awarded under section 2003 or 
                        2004 may be used for a purpose 
                        described in clause (i) unless--
                                  (I) specifically approved by 
                                the Administrator;
                                  (II) any construction work 
                                occurs under terms and 
                                conditions consistent with the 
                                requirements under section 
                                611(j)(9) of the Robert T. 
                                Stafford Disaster Relief and 
                                Emergency Assistance Act (42 
                                U.S.C. 5196(j)(9)); and
                                  (III) the amount allocated 
                                for purposes under clause (i) 
                                does not exceed the greater of 
                                $1,000,000 or 15 percent of the 
                                grant award.
          (5) Recreation.--Grants awarded under this subtitle 
        may not be used for recreational or social purposes.
  (c) Multiple-Purpose Funds.--Nothing in this subtitle shall 
be construed to prohibit State, local, or tribal governments 
from using grant funds under sections 2003 and 2004 in a manner 
that enhances preparedness for disasters unrelated to acts of 
terrorism, if such use assists such governments in achieving 
target capabilities related to preventing, preparing for, 
protecting against, or responding to acts of terrorism.
  (d) Reimbursement of Costs.--
          (1) Paid-on-call or volunteer reimbursement.--In 
        addition to the activities described in subsection (a), 
        a grant under section 2003 or 2004 may be used to 
        provide a reasonable stipend to paid-on-call or 
        volunteer emergency response providers who are not 
        otherwise compensated for travel to or participation in 
        training or exercises related to the purposes of this 
        subtitle. Any such reimbursement shall not be 
        considered compensation for purposes of rendering an 
        emergency response provider an employee under the Fair 
        Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
          (2) Performance of federal duty.--An applicant for a 
        grant under section 2003 or 2004 may petition the 
        Administrator to use the funds from its grants under 
        those sections for the reimbursement of the cost of any 
        activity relating to preventing, preparing for, 
        protecting against, or responding to acts of terrorism 
        that is a Federal duty and usually performed by a 
        Federal agency, and that is being performed by a State 
        or local government under agreement with a Federal 
        agency.
  (e) Flexibility in Unspent Homeland Security Grant Funds.--
Upon request by the recipient of a grant under section 2003 or 
2004, the Administrator may authorize the grant recipient to 
transfer all or part of the grant funds from uses specified in 
the grant agreement to other uses authorized under this 
section, if the Administrator determines that such transfer is 
in the interests of homeland security.
  (f) Equipment Standards.--[If an applicant]
          (1) Application requirement._If an applicant for a 
        grant under section 2003 or 2004 proposes to upgrade or 
        purchase, with assistance provided under that grant, 
        new equipment or systems that do not meet or exceed any 
        applicable national voluntary consensus standards 
        developed under section 647 of the Post-Katrina 
        Emergency Management Reform Act of 2006 (6 U.S.C. 747), 
        the applicant shall include in its application an 
        explanation of why such equipment or systems will serve 
        the needs of the applicant better than equipment or 
        systems that meet or exceed such standards.
          (2) Review process.--The Administrator shall 
        implement a uniform process for reviewing applications 
        that, in accordance with paragraph (1), contain 
        explanations to use grants provided under section 2003 
        or 2004 to purchase equipment or systems that do not 
        meet or exceed any applicable national voluntary 
        consensus standards developed under section 647 of the 
        Post-Katrina Emergency Management Reform Act of 2006 (6 
        U.S.C. 747).
          (3) Factors.--In carrying out the review process 
        under paragraph (2), the Administrator shall consider 
        the following:
                  (A) Current or past use of proposed equipment 
                or systems by Federal agencies or the Armed 
                Forces.
                  (B) The absence of a national voluntary 
                consensus standard for such equipment or 
                systems.
                  (C) The existence of an international 
                consensus standard for such equipment or 
                systems, and whether such equipment or systems 
                meets such standard.
                  (D) The nature of the capability gap 
                identified by the applicant and how such 
                equipment or systems will address such gap.
                  (E) The degree to which such equipment or 
                systems will serve the needs of the applicant 
                better than equipment or systems that meet or 
                exceed existing consensus standards.
                  (F) Any other factor determined appropriate 
                by the Administrator.

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