Homeland Emergency Response Act of 2003

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1389 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 1389

To enhance the ability of first responders to respond to incidents of
terrorism and for certain other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 20, 2003

Mr. Crowley (for himself, Mr. Fossella, Mr. Bishop of New York, Mr.
King of New York, Mrs. McCarthy of New York, Mr. Engel, Mr. Towns, Mr.
Houghton, Mr. Weiner, Mrs. Maloney, Mr. Capuano, Mr. Owens, Mr. Rangel,
Mr. Emanuel, Ms. Waters, Mr. Meeks of New York, Mr. Hinchey, Mr.
Nadler, Mr. Bell, and Mrs. Lowey) introduced the following bill; which
was referred to the Committee on Transportation and Infrastructure, and
in addition to the Committees on Science, the Judiciary, and Select
Homeland Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To enhance the ability of first responders to respond to incidents of
terrorism and for certain other purposes.

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 ``Homeland Emergency Response Act of
2003''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) First responders, which include local law enforcement
departments, fire departments, offices coordinating emergency
management, local health departments and local public
hospitals, are crucial elements of anti-terror preparation and
response.
(2) Local efforts include increased counter-terrorism,
intelligence, increased security at events and venues of
national and international significance. These efforts
supplement and enhance Federal efforts.
(3) Local needs include training, personnel, equipment,
communication, security upgrades to facilities, and Federal
assistance with personnel as well as capital costs and
expenses.
(4) The fiscal crisis at the local level is unprecedented
since WWII and threatens to undermine the ability of local
governments to conduct their efforts in the War against
Terrorism.
(5) The Federal Government has a responsibility to provide
for the common defense and therefore to assist local
governments in their counter-terrorism efforts.
(6) Terrorists, according to the Al Queda manual and by
their actions, have shown they seek to inflict maximum
casualties, to disrupt the national economy, to disrupt the
governmental leadership, and that they will return to those
targets where earlier attacks have failed.
(7) When the criteria that the terrorists use is applied,
it is clear that the localities targeted on September 11, 2001
as well as several other large metropolitan areas continue to
be at the greatest risk of terrorist attack.
(8) While every community must have a well prepared first
responder and public health infrastructure in place to cope
with terrorist attacks, the Nation's defensive efforts should
also be focused on where the greatest threats are.
(9) As the Nation builds up its defenses, the Nation must
also adequately defend the homeland through the support of
first responders.
(10) A new, long-term grant program by the Federal
Government needs to be established to enhance the ability of
first responders to respond to incidents of terrorism,
including weapons of mass destruction, such as biological,
chemical and nuclear attacks to ensure the safety of all
Americans.

SEC. 3. FIRST RESPONDERS.

Section 430(d) of the Homeland Security Act of 2002 is amended--
(1) in paragraph (7) by striking ``and'' at the end;
(2) in paragraph (8) by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(9) establish clear guidelines for Federal, State,
tribal, and local government terrorism preparedness and
response;
``(10) establish and coordinate an integrated capability
for Federal, State, and local governments and emergency
responders to plan for and address potential consequences of
terrorism;
``(11) establish standards for a national, interoperable
emergency communications and warning system which allows for
communications capability between local and other first
responders on all levels of government;
``(12) evaluate equipment to be used by first responders,
to respond to incidents of terrorism, including incidents
involving weapons of mass destruction; and
``(13) carry out such other related activities as are
approved by the Secretary.''.

SEC. 4. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

(a) In General.--Section 430 of the Homeland Security Act of 2002
is amended by adding at the end the following:
``(e) Program To Provide Assistance.--
``(1) In general.--The Secretary shall establish a program
to provide assistance to States and certain local governments
to enhance the ability of State and local first responders to
respond to incidents of terrorism, including incidents
involving weapons of mass destruction.
``(2) Federal share.--The Federal share of the cost of
assistance under this subsection is as follows:
``(A) 1st year.--shall not exceed 100 percent;
``(B) 2d year.--shall not exceed 95 percent;
``(C) 3d year.--shall not exceed 90 percent; and
``(D) 4th year.--shall not exceed 80 percent.
``(3) Forms of assistance.--
``(A) In general.--Assistance provided under
paragraph (1) may consist of--
``(i) grants; and
``(ii) such other forms of assistance as
the Secretary determines to be appropriate.
``(B) Uses of assistance.--Assistance provided
under this subsection shall be used--
``(i) to purchase, to the maximum extent
practicable, interoperable equipment that is
necessary to respond to incidents of terrorism,
including incidents involving weapons of mass
destruction;
``(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 terrorism
preparedness training facilities and other
facilities dealing with emergency preparedness;
``(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 provide for the necessary
equipment needed by local first responders to
prepare for and prevent possible terrorist
attacks;
``(ix) to provide for personnel training
costs; and
``(x) to provide for personnel costs of
counterterrorism security and intelligence
activities;
``(xi) to enhance security at facilities;
and
``(xii) to carry out such other related
activities as are approved by the Secretary.
``(4) Allocation of funds.--
``(A) In general.--The Secretary shall make
available for each fiscal year--
``(i) \1/3\ of the total amount
appropriated for this subsection to the 5 local
governments that the Secretary determines (in
consultation with the Director of the Central
Intelligence Committee, the Director of the
Federal Bureau of Investigation, and the
Secretary of Health and Human Services) are at
the greatest risk and vulnerability of a
terrorist attack.
``(ii) the remaining \2/3\ of the total
amount appropriated for this subsection to the
50 States as the Secretary determines (in
consultation with the Director of the Central
Intelligence Committee, the Director of the
Federal Bureau of Investigation, and the
Secretary of Health and Human Services) are at
the greatest risk and vulnerability of a
terrorist attack.
``(B) Distrubtion of funds for 5 local
governments.--Of the amount made available for the 5
local governments under subparagraph (A)(i), the
Secretary shall distribute--
``(i) \1/2\ in the ratio that the level of
risk of terrorist attack of each local
government bears to the level of risk of
terrorist attack of all 5 such municipalities.
``(ii) \1/4\ in the ratio that the total
population of each local government bears
to the total population of all 5 such municipalities.
``(iii) \1/4\ in the ratio that the number
of marquee landmarks in the jurisdiction of
each local government bears to the number of
marquee landmarks in the jurisdiction of all 5
such local governments.
``(C) Distribution of funds to states.--Of the
amount made available under subparagraph (A)(ii), the
Secretary shall distribute to States--
``(i) \1/3\ in the ratio that the level of
risk of terrorist attack of each State bears to
the level of risk of terrorist attack of all
States.
``(ii) \1/3\ in the ratio that the total
population of each State bears to the total
population of all States.
``(iii) \1/3\ in the ratio that the number
of marquee landmarks in each State bears to the
number of marquee landmarks in all States.
``(D) Construction.--Nothing in this paragraph
shall preclude a State from distributing funds to a
local government that receives funds under subparagraph
(A)(i).
``(5) Administrative expenses.--
``(A) Expenses of secretary.--From amounts made
available under this subsection, the Secretary may use
to pay salaries and other administrative expenses
incurred in administering the program not more than the
lesser of--
``(i) 5 percent of the funds made available
to carry out this subsection for the fiscal
year; or
``(ii) for fiscal year 2004, $75,000,000;
and
``(iii) for each of fiscal years 2005
through 2007, $50,000,000.
``(B) State expenses.--For each fiscal year, not
more than 10 percent of the funds retained by a State
after application of subsection (e) may be used to pay
salaries and other administrative expenses incurred in
administering the program.
``(6) Coordination.--
``(A) State coordination.--Each State shall
coordinate with local governments concerning the use of
assistance provided to local governments under
paragraph (5).
``(B) Federal agency coordination.--The Secretary
shall, as necessary, coordinate the provision of
assistance under this section with activities carried
out by--
``(i) the Administrator of the United
States Fire Administration in connection with
the implementation by the Administrator of the
assistance to firefighters grant program
established under section 33 of the Federal
Fire Prevention and Control Act of 1974 (15
U.S.C. 2229) (as added by section 1701(a) of
the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (114
Stat. 1654, 1654A-360));
``(ii) the Attorney General, in connection
with the implementation of the Community
Oriented Policing Services (COPS) Program
established under section 1701(a) of the
Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd(a)).
``(7) Reports.--
``(A) Annual report to the secretary.--Each of the
5 local governments selected under paragraph (4)(A)(i)
and each State that receives assistance under this
subsection, shall submit to the Secretary, not later
than 60 days after the end of each fiscal year, a
report regarding the use of the assistance in the
fiscal year.
``(B) Exercise and report to congress.--Not later
than 3 years after the date of enactment of this
subsection, a State shall--
``(i) 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 incidents of
terrorism, including incidents involving
weapons of mass destruction; and
``(ii) submit a report on the results of
the exercise to--
``(I) the Committees on the
Judiciary and the Committees on
Appropriations of the House of
Representatives and the Senate; and
``(II) the Select Committee on
Homeland Security of the House of
Representatives.
``(8) Definitions.--In this subsection the following
definitions apply:
``(A) 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.''.
``(B) First responders.--The term `first responder'
means--
``(i) fire, emergency medical service,
health service, law enforcement personnel, and
urban search and rescue forces; and
``(ii) such other personnel as are
identified by the Secretary of Homeland
Security.
``(C) Marquee landmarks.--The term `marquee
landmarks' means recognizable landmarks or structures
such as skyscrapers, bridges, tunnels, historic
landmarks, locations of international noteworthiness or
other notable landmarks that are associated with a
given community on a national scale. Additionally,
these also include major seaports and airports, power
plants, military installations, major transportation lines such as
subways, dams and other structures associated with America
``(D) State.--The term `State' means any State of
the United States or any instrumentality thereof
approved by the Governor; the Commonwealth of Puerto
Rico, the United States Virgin Islands, American Samoa,
Guam and the Northern Mariana Islands.
``(E) Terrorism.--The term `terrorism' includes
attacks with biological, chemical, or nuclear weaponry.
``(9) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated to carry out this subsection--
``(i) $3,500,000,000 for fiscal year 2004;
``(ii) $3,750,000,000 for each of fiscal
years 2005 through 2007; and
``(B) Fund to supplement.--The funds authorized
under subparagraph (A) are to supplement, not supplant,
other Federal funding programs for America's first
responders or HEROs including the Local Law Enforcement
Block Grant, State Criminal Alien Assistance program,
the Edward Byrne grant program, and the Community
Orientated Policing Program (COPS).''.

SEC. 5. FIREFIGHTER COUNTERTERRORISM PROGRAM.

The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) is amended by adding at the end the following new section:

``SEC. 35. FIREFIGHTER COUNTERTERRORISM PROGRAM.

``(a) Grants.--The Director shall provide grants for
counterterrorism activities of the fire departments in the five
localities of greatest vulnerability, as determined under section
430(e)(4)(A)(i) of the Homeland Security Act of 2002.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Director for carrying out this section such sums as
may be necessary for each of the fiscal years 2004 through 2007.''.

SEC. 6. USA PATRIOT ACT.

(a) Grants.--Section 1014(c) of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of 2001 (USA Patriot Act) (42 U.S.C. 3711) is
amended by adding the following:
``(4) Any amount above the minimum described in paragraph
(3) shall be allocated among the States as follows--
``(A) \1/2\ in the ratio that the level of risk of
terrorist attack of each State bears to the level of
risk of terrorist attack of all States based on an
assessment by the Secretary of Homeland Security (in
consultation with the Directors of the Federal Bureau
of Investigation and the Central Intelligence Agency);
``(B) \1/4\ in the ratio that the total population
of each State, bears to the total population of all
States; and
``(C) \1/4\ in the ratio that the number of marquee
landmarks in each State, bears to the number of marquee
landmarks in all States.
(b) Use of Grant Amounts.--Section 1014(b) is amended to read as
follows:
``(b) Use of Grant Amounts.--Grants under this section may be used
to purchase necessary equipment, to enhance security at facilities, to
provide training (including the personnel costs of the trainees), to
support counter-terrorism, intelligence, and security activities
(including personnel costs) and to provide technical assistance to
State and local first responders.''.
(c) Section 1014 of Public Law 107-56 is amended by adding at the
end the following new subsections:
``(d) Grant Distribution.--Each State receiving a grant under this
section shall distribute not less than 75 percent of such grant amount
(before reduction for any administrative costs of the State) to local
jurisdictions within the State.
``(e) Exception.--Grants under this section shall not be subject to
a maintenance of effort or matching requirement.''.

SEC. 7. PROTECTION OF HEALTH AND SAFETY OF FIRST RESPONDERS.

Subtitle B of title VI of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5197 et seq.) (as amended by
section 5(a)) is amended by adding at the end the following:

``SEC. 631. PROTECTION OF HEALTH AND SAFETY OF FIRST RESPONDERS.

``(a) Definitions.--In this section:
``(1) First responder.--The term `first responder' means--
``(i) fire, emergency medical service,
health service, law enforcement personnel, and
urban search and rescue forces; and
``(ii) such other personnel as are
identified by the Secretary of Homeland
Security.
``(2) Harmful substance.--The term `harmful substance'
means a substance that the President determines may be harmful
to human health.
``(3) Program.--The term ``program'' means a program
described in subsection (b)(1).
``(b) Program.--
``(1) In general.--If the President determines that 1 or
more harmful substances are being, or have been, released in an
area that the President has declared to be a major disaster
area under this Act, the President shall carry out a program
with respect to the area for the protection, assessment,
monitoring, and study of the health and safety of first
responders.
``(2) Activities.--A program shall include--
``(A) collection and analysis of environmental and
exposure data;
``(B) development and dissemination of educational
materials;
``(C) provision of information on releases of a
harmful substance;
``(D) identification of, performance of baseline
health assessments on, taking biological samples from,
and establishment of an exposure registry of first
responders exposed to a harmful substance;
``(E) study of the long-term health impacts of any
exposures of first responders to a harmful substance
through epidemiological studies; and
``(F) provision of assistance to participants in
registries and studies under subparagraphs (D) and (E)
in determining eligibility for health coverage and
identifying appropriate health services.
``(3) Participation in registries and studies.--
``(A) In general.--Participation in any registry or
study under subparagraph (D) or (E) of paragraph (2)
shall be voluntary.
``(B) Protection of privacy.--The President shall
take appropriate measures to protect the privacy of any
participant in a registry or study described in
subparagraph (A).
``(4) Cooperative agreements.--The President may carry out
a program through a cooperative agreement with a medical or
academic institution, or a consortium of such institutions,
that is--
``(A) located in close proximity to the major
disaster area with respect to which the program is
carried out; and
``(B) experienced in the area of environmental or
occupational health and safety, including experience
in--
``(i) conducting long-term epidemiological
studies;
``(ii) conducting long-term mental health
studies; and
``(iii) establishing and maintaining
environmental exposure or disease registries.
``(c) this will authorize and fund the necessary medical monitoring
and treatment of the first responders at Ground Zero from the attacks
on New York City of September 11, 2001.
``(d) Reports and Responses to Studies.--
``(1) Reports.--Not later than 1 year after the date of
completion of a study under subsection (b)(2)(E), the
President, or the medical or academic institution or consortium
of such institutions that entered into the cooperative
agreement under subsection (b)(4), shall submit to the
Secretary, the Secretary of Health and Human Services, the
Secretary of Labor, the Administrator of the Environmental
Protection Agency and the Majority and Minority Leaders of the
House of Representatives and the Senate a report on the study.
``(2) Changes in procedures.--To protect the health and
safety of first responders, the President shall make such
changes in procedures as the President determines to be
necessary based on the findings of a report submitted under
paragraph (1).''.
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