[House Report 118-152]
[From the U.S. Government Publishing Office]


118th Congress }                                          { Report 
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 118-152

======================================================================
 
                  FIRST RESPONDER ACCESS TO INNOVATIVE 
                          TECHNOLOGIES ACT

                                _______
                                

 July 19, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Green of Tennessee, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3254]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3254) 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, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     3
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     3
Federal Mandates Statement.......................................     4
Duplicative Federal Programs.....................................     4
Statement of General Performance Goals and Objectives............     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Advisory Committee Statement.....................................     4
Applicability to Legislative Branch..............................     4
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. 3254 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. 3254 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

    For the purposes of clause 3(c)(6) of rule XIII of the 
Rules of the House of Representatives, the following hearings 
were used to develop H.R. 3254:
    On May 16, the Emergency, Preparedness, Response, and 
Recovery Subcommittee of the Committee on Homeland Security 
held a joint hearing with the Counterterrorism, Law 
Enforcement, and Intelligence entitled, ``Protecting the 
Homeland: An Examination of Federal Efforts to Support State 
and Local Law Enforcement,'' and received testimony from 
Michael Gerke, Chief of Police, Odessa, Texas; Don Barnes, 
Sheriff, Orange County, California; Michael Cox, Commissioner, 
Boston, Massachusetts; and Rafael Mangual, Fellow, Manhattan 
Institute.

                        Committee Consideration

    The Committee met on May 17, 2023, a quorum being present, 
to consider H.R. 3254 and ordered the measure to be favorably 
reported to the House by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII 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. 3254.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X, are incorporated in the descriptive portions of this 
report.

Congressional Budget Office Estimate, New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c) of rule 
XIII and section 308(a) of the Congressional Budget Act of 
1974, and with respect to the requirements of clause 3(c)(3) of 
rule XIII and section 402 of the Congressional Budget Act of 
1974, the Committee adopts as its own the estimate of any new 
budget authority, spending authority, credit authority, or an 
increase or decrease in revenues or tax expenditures contained 
in the cost estimate prepared by the Director of the 
Congressional Budget Office.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 3254 would require the Federal Emergency Management 
Agency (FEMA) to implement a uniform process for reviewing 
applications for grants to purchase equipment that does not 
meet or exceed certain voluntary standards. The bill also would 
require the Inspector General of the Department of Homeland 
Security to assess and report on FEMA's implementation of the 
new review process.
    Under current law, FEMA provides grants to help state, 
local, and tribal governments to develop their capacity to 
prevent, prepare for, and respond to acts of terrorism. 
Equipment purchased using such grants must meet voluntary 
standards, developed by FEMA in coordination with appropriate 
federal agencies, the National Advisory Council, and private 
entities. Requests to use grants to purchase equipment that 
does not meet such standards, or for which no such standards 
exist, are subject to further review and approval by FEMA.
    According to information provided by FEMA, grant recipients 
rarely request permission to purchase equipment that does not 
at least meet current standards or for which standards do not 
exist. As a result, CBO expects that any administrative costs 
to implement, assess, and report on the proposed process for 
reviewing such requests would not be significant; such spending 
would be subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was reviewed by Chad Chirico, Director of Budget 
Analysis.

                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                       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 of 1995.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 3254 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the objective of 
H.R. 3254 is to require 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. 3254 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.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

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

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act (5 U.S.C. Sec. 1004) were 
created by this legislation.

                Applicability to the Legislative Branch

    The Committee finds that H.R. 3254 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 2214(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;
          (14) migrating any online service (as defined in 
        section 3 of the DOTGOV Online Trust in Government Act 
        of 2020) to the.gov internet domain; and
          (15) 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, 2004, and 2009 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, 
2004, or 2009, 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.
  (g) Review Process.--The Administrator shall implement a 
uniform process for reviewing applications to use grants 
provided under section 2003 or 2004 to purchase equipment or 
systems not included on the Authorized Equipment List 
maintained by the Administrator.

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