To strengthen the authority under section 852 to provide Federal support for the enhancement of the emergency response capabilities of State and local governments.

1. Rewrites section 852

   Replaces

   In S. 1050 · Placed on Calendar Senate

   SEC. 852. [struck: PROCUREMENTS OF ANTI-TERRORISM TECHNOLOGIES AND ANTI- TERRORISM SERVICES BY ][inserted: FEDERAL SUPPORT FOR ENHANCEMENT OF ]STATE AND LOCAL [struck: GOVERNMENTS THROUGH FEDERAL CONTRACTS][inserted: ANTI-TERRORISM RESPONSE CAPABILITIES].

   Struck: (a) In General.--

   Struck: (1) Establishment of program.--The President shall designate an officer or employee of the United States to establish, and the designated official shall establish, a program under which States and units of local government may procure through contracts entered into by the designated official anti-terrorism technologies or anti-terrorism services for the purpose of preventing, detecting, identifying, otherwise deterring, or recovering from acts of terrorism.

   Struck: (2) Designated federal procurement official for program.-- In this section, the officer or employee designated by the President under paragraph (1) shall be referred to as the "designated Federal procurement official".

   Struck: (3) Authorities.--Under the program, the designated Federal procurement official may, but shall not be required to, award contracts using the same authorities as are provided to the Administrator of General Services under section 309(b)(3) of the Federal Property and Administrative Services Act (41 U.S.C. 259(b)(3)).

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   Struck: (4) Offers not required to state and local governments.--A contractor that sells anti-terrorism technology or anti- terrorism services to the Federal Government may not be required to offer such technology or services to a State or unit of local government under the program.

   Inserted: (a) Procurements of Anti-Terrorism Technologies and Services by State and Local Governments Through Federal Contracts.--

   Inserted: (1) Establishment of program.--The President shall designate an officer or employee of the United States--

   Inserted: (A) to establish, and the designated official shall establish, a program under which States and units of local government may procure through contracts entered into by the designated official anti-terrorism technologies or anti-terrorism services for the purpose of preventing, detecting, identifying, otherwise deterring, or recovering from acts of terrorism; and

   Inserted: (B) to carry out the SAFER grant program provided for under subsection (f).

   Inserted: (2) Designated federal procurement official for program.--In this section, the officer or employee designated by the President under paragraph (1) shall be referred to as the "designated Federal procurement official".

   Inserted: (3) Authorities.--Under the program, the designated Federal procurement official--

   Inserted: (A) may, but shall not be required to, award contracts using the same authorities as are provided to the Administrator of General Services under section 309(b)(3) of the Federal Property and Administrative Services Act (41 U.S.C. 259(b)(3)); and

   Inserted: (B) may make SAFER grants in accordance with subsection (f).

   Inserted: (4) Offers not required to state and local governments.--A contractor that sells anti-terrorism technology or anti-terrorism services to the Federal Government may not be required to offer such technology or services to a State or unit of local government under the program.

   (b) Responsibilities of the Contracting Official.--In carrying out the program established under this section, the designated Federal procurement official shall--

   (1) produce and maintain a catalog of anti-terrorism technologies and anti-terrorism services suitable for procurement by States and units of local government under this program; and

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   (2) establish procedures in accordance with subsection (c) to address the procurement of anti-terrorism technologies and anti-terrorism services by States and units of local government under contracts awarded by the designated official.

   (c) Required Procedures.--The procedures required by subsection (b)(2) shall implement the following requirements and authorities:

   (1) Submissions by states.--

   (A) Requests and payments.--Except as provided in subparagraph (B), each State desiring to participate in a procurement of anti-terrorism technologies or [struck: anti- terrorism ][inserted: anti-terrorism ]services through a contract entered into by the designated Federal procurement official under this section shall submit to that official in such form and manner and at such times as such official prescribes, the following:

   (i) Request.--A request consisting of an enumeration of the technologies or services, respectively, that are desired by the State and units of local government within the State.

   (ii) Payment.--Advance payment for each requested technology or service in an amount determined by the designated official based on estimated or actual costs of the technology or service and administrative costs incurred by such official.

   (B) Other contracts.--The designated Federal procurement official may award and designate contracts under which States and units of local government may procure anti-terrorism technologies and anti-terrorism services directly from the contractors. No indemnification may be provided under Public Law 85-804 pursuant to an exercise of authority under section 851 for procurements that are made directly between contractors and States or units of local government.

   (2) Permitted catalog technologies and services.--A State may include in a request submitted under paragraph (1) only a technology or service listed in the catalog produced under subsection (b)(1).

   (3) Coordination of local requests within state.--The Governor of a State may establish such procedures as the Governor considers appropriate for administering and coordinating requests for anti-terrorism technologies or [struck: anti- terrorism ][inserted: anti-terrorism ]services from units of local government within the State.

   (4) Shipment and transportation costs.--A State requesting anti-terrorism technologies or anti-terrorism services shall be responsible for arranging and paying for any shipment or transportation of the technologies or services, respectively, to the State and localities within the State.

   (d) Reimbursement of Actual Costs.--In the case of a procurement made by or for a State or unit of local government under the procedures established under this section, the designated Federal procurement official shall require the State or unit of local government to reimburse the Department for the actual costs it has incurred for such procurement.

   (e) Time for Implementation.--The catalog and procedures required by subsection (b) of this section shall be completed as soon as practicable and no later than 210 days after the enactment of this Act.

   Inserted: (f) SAFER Grant Program.--

   Inserted: (1) Authority.--The designated Federal procurement official in cooperation with the Secretary of the Department of Homeland Security or his designee, is authorized to make grants to eligible entities for the purpose of supporting increases in the number of permanent positions for firefighters in fire services to ensure staffing at levels and with skill mixes that are adequate emergency response to incidents or threats of terrorism.

   Inserted: (2) Use of funds.--The proceeds of a SAFER grant to an eligible entity may be used only for the purpose specified in paragraph (1).

   Inserted: (3) Duration.--A SAFER grant to an eligible entity shall provide funding for a period of 4 years. The proceeds of the grant shall be disbursed to the eligible entity in 4 equal annual installments.

   Inserted: (4) Non-federal share.--

   Inserted: (A) Requirement.--An eligible entity may receive a SAFER grant only if the entity enters into an agreement with the designated Federal procurement official to contribute non-Federal funds to achieve the purpose of the grant in the following amounts:

   Inserted: (i) During the second year in which funds of a SAFER grant are received, an amount equal to 25 percent of the amount of the SAFER grant funds received that year.

   Inserted: (ii) During the third year in which funds of a SAFER grant are received, an amount equal to 50 percent of the amount of the SAFER grant funds received that year.

   Inserted: (iii) During the fourth year in which funds of a SAFER grant are received, an amount equal to 75 percent of the amount of the SAFER grant funds received that year.

   Inserted: (B) Waiver.--The designated Federal procurement official may waive the requirement for a non-Federal contribution described in subparagraph (A) in the case of any eligible entity.

   Inserted: (C) Asset forfeiture funds.--An eligible entity may use funds received from the disposal of property transferred to the eligible entity pursuant to section 9703(h) of title 31, United States Code, section 981(e) of title 18, United States Code, or section 616 of the Tariff Act of 1930 (19 U.S.C. 1616a) to provide the non-Federal share required under paragraph (1).

   Inserted: (D) BIA funds.--Funds appropriated for the activities of any agency of a tribal organization or for the Bureau of Indian Affairs to perform firefighting functions on any Indian lands may be used to provide the share required under subparagraph (A), and such funds shall be deemed to be non-Federal funds for such purpose.

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   Inserted: (5) Applications.--

   Inserted: (A) Requirement.--To receive a SAFER grant, an eligible entity shall submit an application for the grant to the designated Federal procurement official.

   Inserted: (B) Content.--Each application for a SAFER grant shall contain, for each fire service covered by the application, the following information:

   Inserted: (i) A long-term strategy for increasing the force of firefighters in the fire service to ensure readiness for appropriate and effective emergency response to incidents or threats of terrorism.

   Inserted: (ii) A detailed plan for implementing the strategy that reflects consultation with community groups, consultation with appropriate private and public entities, and consideration of any master plan that applies to the eligible entity.

   Inserted: (iii) An assessment of the ability of the eligible entity to increase the force of firefighters in the fire service without Federal assistance.

   Inserted: (iv) An assessment of the levels of community support for increasing that force, including financial and in-kind contributions and any other available community resources.

   Inserted: (v) Specific plans for obtaining necessary support and continued funding for the firefighter positions proposed to be added to the fire service with SAFER grant funds.

   Inserted: (vi) An assurance that the eligible entity will, to the extent practicable, seek to recruit and employ (or accept the voluntary services of) firefighters who are members of racial and ethnic minority groups or women.

   Inserted: (vii) Any additional information that the designated Federal procurement official considers appropriate.

   Inserted: (C) Special rule for small communities.--The designated Federal procurement official may authorize an eligible entity responsible for a population of less than 50,000 to submit an application without information required under subparagraph (B), and may otherwise make special provisions to facilitate the expedited submission, processing, and approval of an application by such an entity.

   Inserted: (D) Preferential consideration.--The designated Federal procurement official may give preferential consideration, to the extent feasible, to an application submitted by an eligible entity that agrees to contribute a non-Federal share higher than the share required under paragraph (4)(A).

   Inserted: (E) Assistance with applications.--The designated Federal procurement official is authorized to provide technical assistance to an eligible entity for the purpose of assisting with the preparation of an application for a SAFER grant.

   Inserted: (6) Special rules on use of funds.--

   Inserted: (A) Supplement not supplant.--The proceeds of a SAFER grant made to an eligible entity shall be used to supplement and not supplant other Federal funds, State funds, or funds from a subdivision of a State, or, in the case of a tribal organization, funds supplied by the Bureau of Indian Affairs, that are available for salaries or benefits for firefighters.

   Inserted: (B) Limitation relating to compensation of firefighters.--

   Inserted: (i) In general.--The proceeds of a SAFER grant may not be used to fund the pay and benefits of a full-time firefighter if the total annual amount of the pay and benefits for that firefighter exceeds $100,000. The designated Federal procurement official may waive the prohibition in the proceeding sentence in any particular case.

   Inserted: (ii) Adjustment for inflation.--Effective on October 1 of each year, the total annual amount applicable under subparagraph (A) shall be increased by the percentage (rounded to the nearest one-tenth of one percent) by which the Consumer Price Index for all-urban consumers published by the Department of Labor for July of such year exceeds the Consumer Price Index for all-urban consumers published by the Department of Labor for July of the preceding year. The first adjustment shall be made on October 1, 2004.

   Inserted: (7) Performance evaluation.--

   Inserted: (A) Requirement for information.--The designated Federal procurement official shall evaluate, each year, whether an entity receiving SAFER grant funds in such year is substantially complying with the terms and conditions of the grant. The entity shall submit to the designated Federal procurement official any information that the designated Federal procurement official requires for that year for the purpose of the evaluation.

   Inserted: (B) Revocation or suspension of funding.--If the designated Federal procurement official determines that a recipient of a SAFER grant is not in substantial compliance with the terms and conditions of the grant the designated Federal procurement official may revoke or suspend funding of the grant.

   Inserted: (8) Access to documents.--

   Inserted: (A) Audits by designated Federal procurement official.--The designated Federal procurement official shall have access for the purpose of audit and examination to any pertinent books, documents, papers, or records of an eligible entity that receives a SAFER grant.

   Inserted: (B) Audits by the comptroller general.--Subparagraph (A) shall also apply with respect to audits and examinations conducted by the Comptroller General of the United States or by an authorized representative of the Comptroller General.

   Inserted: (9) Termination of safer grant authority.--

   Inserted: (A) In general.--The authority to award a SAFER grant shall terminate at the end of September 30, 2010.

   Inserted: (B) Report to congress.--Not later than two years after the date of the enactment of this Act, the designated Federal procurement official shall submit to Congress a report on the SAFER grant program under this section. The report shall include an assessment of the effectiveness of the program for achieving its purpose, and may include any recommendations that the designated Federal procurement official has for increasing the forces of firefighters in fire services.

   Inserted: (10) Definitions.--In this subsection:

   Inserted: (A) Eligible entity.--The term "eligible entity" means--

   Inserted: (i) a State;

   Inserted: (ii) a subdivision of a State;

   Inserted: (iii) a tribal organization;

   Inserted: (iv) any other public entity that the designated Federal procurement official determines appropriate for eligibility under this section; and

   Inserted: (v) a multijurisdictional or regional consortium of the entities described in clauses (i) through (iv).

   Inserted: (B) Firefighter.--The term "firefighter" means an employee or volunteer member of a fire service, including a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous materials worker, who--

   Inserted: (i) is trained in fire suppression and has the legal authority and responsibility to engage in fire suppression; or

   Inserted: (ii) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk.

   Inserted: (C) Fire service.--The term "fire service" includes an organization described in section 4(5) of the Federal Fire Prevention and Control Act of 1974 that is under the jurisdiction of a tribal organization.

   Inserted: (D) Master plan.--The term "master plan" has the meaning given the term in section 10 of the Federal Fire Prevention and Control Act of 1974.

   Inserted: (E) SAFER grant.--The term 'SAFER grant' means a grant of financial assistance under this subsection.

   Inserted: (F) Tribal organization.--The term "tribal organization" has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

   Inserted: (11) Authorization of appropriations.--There are authorized to be appropriated for the purpose of carrying out this section such sums as may be necessary from the Department of Homeland Security, up to--

   Inserted: (A) $1,000,000,000 for fiscal year 2004;

   Inserted: (B) $1,030,000,000 for fiscal year 2005;

   Inserted: (C) $1,061,000,000 for fiscal year 2006;

   Inserted: (D) $1,093,000,000 for fiscal year 2007;

   Inserted: (E) $1,126,000,000 for fiscal year 2008;

   Inserted: (F) $1,159,000,000 for fiscal year 2009; and

   Inserted: (G) $1,194,000,000 for fiscal year 2010.

   Original wording

   Strike section 852, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed