[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 930 Reported in Senate (RS)]
Calendar No. 433
108th CONGRESS
2d Session
S. 930
[Report No. 108-227]
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to establish a program to provide assistance to enhance
the ability of first responders to prepare for and respond to all
hazards, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2003
Mr. Inhofe (for himself and Mr. Jeffords) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
February 25, 2004
Reported by Mr. Inhofe, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to establish a program to provide assistance to enhance
the ability of first responders to prepare for and respond to all
hazards, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Emergency Preparedness and
Response Act of 2003''.</DELETED>
<DELETED>SEC. 2. FINDING AND PURPOSES.</DELETED>
<DELETED> (a) Finding.--Congress finds that the Federal Government
must enhance the ability of first responders to prepare for and respond
to all hazards.</DELETED>
<DELETED> (b) Purposes.--The purposes of this Act are--</DELETED>
<DELETED> (1) to establish within the Federal Emergency
Management Agency the Office of National
Preparedness;</DELETED>
<DELETED> (2) to establish a program to provide assistance
to enhance the ability of first responders to respond to all
hazards; and</DELETED>
<DELETED> (3) to address issues relating to urban search and
rescue task forces.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> (a) Major Disaster.--Section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)) is amended by inserting ``incident of terrorism,'' after
``drought),''.</DELETED>
<DELETED> (b) Weapon of Mass Destruction.--Section 602(a) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196(a)) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(11) 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.''.</DELETED>
<DELETED>SEC. 4. PREPAREDNESS ASSISTANCE FOR FIRST
RESPONDERS.</DELETED>
<DELETED> (a) In General.--Subtitle B of title VI of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197
et seq.) is amended by adding at the end the following:</DELETED>
<DELETED>``SEC. 630. PREPAREDNESS ASSISTANCE FOR FIRST
RESPONDERS.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Director.--The term `Director' means the
Director of the Federal Emergency Management Agency.</DELETED>
<DELETED> ``(2) First responder.--The term `first responder'
means--</DELETED>
<DELETED> ``(A) fire, emergency medical service, and
law enforcement personnel; and</DELETED>
<DELETED> ``(B) such other personnel as are
identified by the Director.</DELETED>
<DELETED> ``(3) Local entity.--The term `local entity' has
the meaning given the term by regulation promulgated by the
Director.</DELETED>
<DELETED> ``(4) Program.--The term `program' means the
program established under subsection (b).</DELETED>
<DELETED> ``(b) Program To Provide Assistance.--</DELETED>
<DELETED> ``(1) In general.--The Director shall establish a
program to provide assistance to States to enhance the ability
of State and local first responders to respond to all
hazards.</DELETED>
<DELETED> ``(2) Federal share.--The Federal share of the
costs eligible to be paid using assistance provided under the
program shall be not less than 75 percent, as determined by the
Director.</DELETED>
<DELETED> ``(3) Forms of assistance.--Assistance provided
under paragraph (1) may consist of--</DELETED>
<DELETED> ``(A) grants; and</DELETED>
<DELETED> ``(B) such other forms of assistance as
the Director determines to be appropriate.</DELETED>
<DELETED> ``(c) Uses of Assistance.--Assistance provided under
subsection (b)--</DELETED>
<DELETED> ``(1) shall be used--</DELETED>
<DELETED> ``(A) to purchase, to the maximum extent
practicable, interoperable equipment that is necessary
to respond to hazards;</DELETED>
<DELETED> ``(B) to train first responders,
consistent with guidelines and standards developed by
the Director;</DELETED>
<DELETED> ``(C) in consultation with the Director,
to develop, construct, or upgrade preparedness training
facilities;</DELETED>
<DELETED> ``(D) to develop, construct, or upgrade
emergency operating centers;</DELETED>
<DELETED> ``(E) to develop preparedness and response
plans consistent with Federal, State, and local
strategies, as determined by the Director;</DELETED>
<DELETED> ``(F) to provide systems and equipment to
meet communication needs, such as emergency
notification systems, interoperable equipment, and
secure communication equipment;</DELETED>
<DELETED> ``(G) to conduct exercises; and</DELETED>
<DELETED> ``(H) to carry out such other related
activities as are approved by the Director;
and</DELETED>
<DELETED> ``(2) shall not be used to provide compensation to
first responders (including payment for overtime).</DELETED>
<DELETED> ``(d) Allocation of Funds.--For each fiscal year, in
providing assistance under subsection (b), the Director shall make
available--</DELETED>
<DELETED> ``(1) to each of the District of Columbia, Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, $3,000,000;
and</DELETED>
<DELETED> ``(2) to each State (other than a State specified
in paragraph (1))--</DELETED>
<DELETED> ``(A) a base amount of $15,000,000;
and</DELETED>
<DELETED> ``(B) a percentage of the total remaining
funds made available for the fiscal year based on
criteria established by the Director, such as--
</DELETED>
<DELETED> ``(i) population; and</DELETED>
<DELETED> ``(ii) location of vital
infrastructure, including--</DELETED>
<DELETED> ``(I) military
installations;</DELETED>
<DELETED> ``(II) public buildings
(as defined in section 3301(a) of title
40, United States Code);</DELETED>
<DELETED> ``(III) nuclear power
plants;</DELETED>
<DELETED> ``(IV) chemical plants;
and</DELETED>
<DELETED> ``(V) national
landmarks.</DELETED>
<DELETED> ``(e) Provision of Funds to Local Governments and Local
Entities.--For each fiscal year, not less than 75 percent of the
assistance provided to each State under this section shall be provided
to local governments and local entities within the State.</DELETED>
<DELETED> ``(f) Administrative Expenses.--</DELETED>
<DELETED> ``(1) Director.--For each fiscal year, the
Director may use to pay salaries and other administrative
expenses incurred in administering the program not more than
the lesser of--</DELETED>
<DELETED> ``(A) 5 percent of the funds made
available to carry out this section for the fiscal
year; or</DELETED>
<DELETED> ``(B)(i) for fiscal year 2004,
$75,000,000; and</DELETED>
<DELETED> ``(ii) for each of fiscal years 2005
through 2007, $50,000,000.</DELETED>
<DELETED> ``(2) Recipients of assistance.--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.</DELETED>
<DELETED> ``(g) Maintenance of Expenditures.--The Director may
provide assistance to a State under this section only if the State
agrees to maintain, and to ensure that each local government that
receives funds from the State in accordance with subsection (e)
maintains, for the fiscal year for which the assistance is provided,
the aggregate expenditures by the State or the local government,
respectively, for the uses described in subsection (c)(1) at a level
that is at or above the average annual level of those expenditures by
the State or local government, respectively, for the 2 fiscal years
preceding the fiscal year for which the assistance is
provided.</DELETED>
<DELETED> ``(h) Reports.--</DELETED>
<DELETED> ``(1) Annual report to the director.--As a
condition of receipt of assistance under this section for a
fiscal year, a State shall submit to the Director, not later
than 60 days after the end of the fiscal year, a report on the
use of the assistance in the fiscal year.</DELETED>
<DELETED> ``(2) Exercise and report to congress.--As a
condition of receipt of assistance under this section, not
later than 3 years after the date of enactment of this section,
a State shall--</DELETED>
<DELETED> ``(A) conduct an exercise, or participate
in a regional exercise, approved by the Director, to
measure the progress of the State in enhancing the
ability of State and local first responders to respond
to all hazards; and</DELETED>
<DELETED> ``(B) submit a report on the results of
the exercise to--</DELETED>
<DELETED> ``(i) the Committee on Environment
and Public Works and the Committee on
Appropriations of the Senate; and</DELETED>
<DELETED> ``(ii) the Committee on
Transportation and Infrastructure and the
Committee on Appropriations of the House of
Representatives.</DELETED>
<DELETED> ``(i) Coordination.--</DELETED>
<DELETED> ``(1) With federal agencies.--The Director shall,
as necessary, coordinate the provision of assistance under this
section with activities carried out by appropriate Federal
agencies.</DELETED>
<DELETED> ``(2) With indian tribes.--In providing and using
assistance under this section, the Director and the States
shall, as appropriate, coordinate with--</DELETED>
<DELETED> ``(A) Indian tribes (as defined in section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)) and other tribal
organizations; and</DELETED>
<DELETED> ``(B) Native villages (as defined in
section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602)) and other Alaska Native
organizations.''.</DELETED>
<DELETED> (b) Cost Sharing for Emergency Operating Centers.--Section
614 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5196c) is amended--</DELETED>
<DELETED> (1) by inserting ``(other than section 630)''
after ``carry out this title''; and</DELETED>
<DELETED> (2) by inserting ``(other than section 630)''
after ``under this title''.</DELETED>
<DELETED>SEC. 5. URBAN SEARCH AND RESCUE TASK FORCES.</DELETED>
<DELETED> 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 4(a)) is amended by adding at the end the
following:</DELETED>
<DELETED>``SEC. 631. URBAN SEARCH AND RESCUE TASK FORCES.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Urban search and rescue equipment.--The term
`urban search and rescue equipment' means any equipment that
the Director determines to be necessary to respond to a major
disaster or emergency declared by the President under this
Act.</DELETED>
<DELETED> ``(2) Urban search and rescue task force.--The
term `urban search and rescue task force' means any of the 28
urban search and rescue task forces designated by the Director
as of the date of enactment of this section.</DELETED>
<DELETED> ``(b) Assistance.--</DELETED>
<DELETED> ``(1) Mandatory grants for costs of operations.--
For each fiscal year, of the amounts made available to carry
out this section, the Director shall provide to each urban
search and rescue task force a grant of not less than
$1,500,000 to pay the costs of operations of the urban search
and rescue task force (including costs of basic urban search
and rescue equipment).</DELETED>
<DELETED> ``(2) Discretionary grants.--The Director may
provide to any urban search and rescue task force a grant, in
such amount as the Director determines to be appropriate, to
pay the costs of--</DELETED>
<DELETED> ``(A) operations in excess of the funds
provided under paragraph (1);</DELETED>
<DELETED> ``(B) urban search and rescue
equipment;</DELETED>
<DELETED> ``(C) equipment necessary for an urban
search and rescue task force to operate in an
environment contaminated or otherwise affected by a
weapon of mass destruction;</DELETED>
<DELETED> ``(D) training, including training for
operating in an environment described in subparagraph
(C);</DELETED>
<DELETED> ``(E) transportation;</DELETED>
<DELETED> ``(F) expansion of the urban search and
rescue task force; and</DELETED>
<DELETED> ``(G) incident support teams, including
costs of conducting appropriate evaluations of the
readiness of the urban search and rescue task
force.</DELETED>
<DELETED> ``(3) Priority for funding.--The Director shall
distribute funding under this subsection so as to ensure that
each urban search and rescue task force has the capacity to
deploy simultaneously at least 2 teams with all necessary
equipment, training, and transportation.</DELETED>
<DELETED> ``(c) Grant Requirements.--The Director shall establish
such requirements as are necessary to provide grants under this
section.</DELETED>
<DELETED> ``(d) Establishment of Additional Urban Search and Rescue
Task Forces.--</DELETED>
<DELETED> ``(1) In general.--Subject to paragraph (2), the
Director may establish urban search and rescue task forces in
addition to the 28 urban search and rescue task forces in
existence on the date of enactment of this section.</DELETED>
<DELETED> ``(2) Requirement of full funding of existing
urban search and rescue task forces.--Except in the case of an
urban search and rescue task force designated to replace any
urban search and rescue task force that withdraws or is
otherwise no longer considered to be an urban search and rescue
task force designated by the Director, no additional urban
search and rescue task forces may be designated or funded until
the 28 urban search and rescue task forces are able to deploy
simultaneously at least 2 teams with all necessary equipment,
training, and transportation.''.</DELETED>
<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> Section 626 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5197e) is amended by striking
subsection (a) and inserting the following:</DELETED>
<DELETED> ``(a) Authorization of Appropriations.--</DELETED>
<DELETED> ``(1) In general.--There are authorized to be
appropriated such sums as are necessary to carry out this title
(other than sections 630 and 631).</DELETED>
<DELETED> ``(2) Preparedness assistance for first
responders.--There are authorized to be appropriated to carry
out section 630--</DELETED>
<DELETED> ``(A) $3,340,000,000 for fiscal year 2004;
and</DELETED>
<DELETED> ``(B) $3,458,000,000 for each of fiscal
years 2005 through 2007.</DELETED>
<DELETED> ``(3) Urban search and rescue task forces.--
</DELETED>
<DELETED> ``(A) In general.--There are authorized to
be appropriated to carry out section 631--</DELETED>
<DELETED> ``(i) $160,000,000 for fiscal year
2004; and</DELETED>
<DELETED> ``(ii) $42,000,000 for each of
fiscal years 2005 through 2007.</DELETED>
<DELETED> ``(B) Availability of amounts.--Amounts
made available under subparagraph (A) shall remain
available until expended.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Preparedness and Response
Act of 2003''.
SEC. 2. FINDING AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Federal Government must enhance the ability of
first responders to prepare for all hazards;
(2) since becoming law, the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
carried out by the Federal Emergency Management Agency, has
formed the basis of the consequence management and preparedness
system of the United States;
(3) the Federal Emergency Management Agency has established
a Federal Response Plan to coordinate the efforts of 26 Federal
agencies;
(4) in executing the Federal Response Plan, the Federal
Emergency Management Agency has extensive experience, a strong
working relationship, and an established record with State and
local first responders and State and local governments;
(5) with the formation of the Department of Homeland
Security by the Homeland Security Act of 2002 (116 Stat. 2135),
the Federal Emergency Management Agency became part of the
Emergency Preparedness and Response Directorate of the
Department;
(6) in order to maintain the existing capabilities of the
United States to respond to natural disasters and to upgrade
capabilities as necessary to respond to domestic terrorism
events, it is imperative that the Secretary of Homeland
Security establish national standards of preparedness and
response for all hazards, including weapons of mass destruction
consequence management;
(7) an all-hazards approach to preparedness would provide
the most efficient use of taxpayer dollars by capitalizing on
dual-benefit actions, that is, actions that assist both
managing natural hazards and incidents of terrorism;
(8) the Federal Government must build on the existing
capabilities of first responders to prepare for and respond to
all hazards;
(9) consequence management grants, authorized by the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), are 1 piece of a broader preparedness
program to provide assistance to first responders to prepare
for and respond to the consequences of natural disasters and
disasters caused by the actions of humans, such as incidents of
terrorism;
(10) comprehensive, Federal-State-local all-hazards and
consequence management planning occurs on a regular basis to
maintain readiness of first responders; and
(11) to ensure that Federal funds provided to States for
first responders are coordinated with other homeland security-
related funding streams, the grantmaking functions within the
Department of Homeland Security should be consolidated in the
office of the Secretary.
(b) Purposes.--The purposes of this Act are--
(1) to establish a program to provide assistance to enhance
the ability of first responders to respond to all hazards; and
(2) to address issues relating to urban search and rescue
task forces.
SEC. 3. DEFINITIONS.
(a) Major Disaster.--Section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) is
amended by inserting ``incident of terrorism,'' after ``drought),''.
(b) Weapon of Mass Destruction.--Section 602(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5196(a)) is amended by adding at the end the following:
``(11) 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.''.
SEC. 4. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.
(a) In General.--Subtitle B of title VI of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.)
is amended by adding at the end the following:
``SEC. 630. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.
``(a) Definitions.--In this section:
``(1) First responder.--The term `first responder' means--
``(A) fire, emergency medical service, and law
enforcement personnel; and
``(B) such other personnel as are identified by the
Secretary.
``(2) Local entity.--The term `local entity' has the
meaning given the term by regulation promulgated by the
Secretary.
``(3) Program.--The term `program' means the program
established under subsection (b).
``(4) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(b) Program To Provide Assistance.--
``(1) In general.--The Secretary shall establish a program
to provide assistance to States to enhance the ability of State
and local first responders to respond to all hazards.
``(2) Federal share.--
``(A) In general.--The Federal share of the costs
eligible to be paid using assistance provided under the
program shall be not less than 75 percent, as
determined by the Secretary.
``(B) Increase.--The Federal share shall be
increased to not less than 90 percent in the case of a
grant recipient that the Secretary determines is
economically distressed.
``(3) Forms of assistance.--Assistance provided under
paragraph (1) may consist of--
``(A) grants; and
``(B) such other forms of assistance as the
Secretary determines to be appropriate.
``(c) Uses of Assistance.--
``(1) In general.--Assistance provided under subsection
(b)--
``(A) shall be used--
``(i) to purchase, to the maximum extent
practicable, interoperable equipment that is
necessary to respond to hazards;
``(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 preparedness
training facilities;
``(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 carry out such other related
activities as are approved by the Secretary;
and
``(ix) to develop State, regional, or local
mutual aid agreements; and
``(B) shall not be used to provide compensation to
first responders (including payment for overtime)
except, at the discretion of the Secretary, to provide
compensation to first responders for overtime
expenses--
``(i) incurred during the elevated threat
levels of code orange and code red of the
Homeland Security Advisory System; or
``(ii) relating to training activities
consistent with the goals outlined in a State
homeland security plan.
``(2) Standards; guidance.--The Secretary shall--
``(A) develop standards for the uses described in
paragraph (1); and
``(B) provide guidance to first responders so that,
to the maximum extent practicable, any grant provided
will be used in a manner that is consistent with those
standards.
``(d) Homeland Security Plan.--
``(1) In general.--To receive funds under subsection (e),
the Governor shall submit to, and receive approval from, the
Secretary for a 3-year State homeland security plan (referred
to in this subsection as the `plan') to respond to terrorist
attacks and strengthen all-hazards emergency planning.
``(2) Strategy.--The plan shall establish a 3-year strategy
to set priorities for the allocation of funding to political
subdivisions based on risk, capability, and need.
``(e) Allocation of Funds.--For each fiscal year, in providing
assistance under subsection (b), the Secretary shall make available--
``(1) to each of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands, the lesser of--
``(A) $3,000,000; or
``(B) 0.25 percent of the amount made available to
carry out this section for a fiscal year; and
``(2) to each State (other than a State specified in
paragraph (1)) and the District of Columbia--
``(A) a base amount of that is equal to the greater
of--
``(i) $15,000,000; or
``(ii) 0.75 percent of the amount made
available to carry out this section for a
fiscal year; and
``(B) a percentage of the total remaining funds
made available for the fiscal year based on high-threat
areas and other vulnerability criteria established by
the Secretary, including--
``(i) the State homeland security plan
required under subsection (d);
``(ii) population (including tourist
population);
``(iii) location of critical
infrastructure, including--
``(I) military installations;
``(II) nuclear power plants;
``(III) chemical and other
hazardous material containing
facilities; and
``(IV) location of ports;
``(iv) location of public buildings (as
defined in section 3301(a) of title 40, United
States Code);
``(v) location of sites of national
significance selected by the Secretary based
on--
``(I) reasonable likelihood that
the site will be a target of terrorism;
and
``(II) protection of public health,
welfare, environment, critical
infrastructure, and national security;
``(vi) proximity to international borders;
``(vii) known or suspected threat areas,
including areas that have been the target of
previous terrorist attacks; and
``(viii) areas in which large numbers of
people congregate.
``(C) Direct funding.--
``(i) In general.--Of the funds made
available under subparagraph (B), the Secretary
shall provide not less than 10 percent of the
funds directly to local governments or local
government entities.
``(ii) Recommendations.--
``(I) In general.--The Governor of
each State may recommend to the
Secretary not fewer than 5 local
governments or local government
entities to receive assistance under
this section.
``(II) Considerations.--In making
recommendations under subclause (I),
the Governor shall consider the
criteria specified in subparagraph (B).
``(iii) Selection.--The Secretary shall
select local governments and local government
entities to receive funds under this subsection
from those local governments and local
government entities nominated by the Governors,
except that the Secretary may select a local
government or local government entity that has
not been nominated by a Governor if the
Secretary determines that--
``(I) extraordinary circumstances
justify the selection; and
``(II) making the selection will
further the purposes of this section.
``(iv) Failure to nominate.--If a Governor
of a State fails to submit recommendations
under this subparagraph in a timely manner, the
President may select, subject to the criteria
specified in subparagraph (B), any local
governments or local government entities of the
State to receive assistance under this
paragraph.
``(f) Provision of Funds to Local Governments and Local Entities.--
``(1) In general.--For each fiscal year, not later than 45
days after the date on which a State receives grant funds under
this section, the State shall provide not less than 80 percent
of the amount of the grant funds received to local governments
and local entities within the State.
``(2) Direct funding.--If a State fails to substantially
comply with any provision of this section, including failing to
provide local governments with grant funds or resources
purchased with grant funds in a timely fashion, a local
government entitled to receive those grant funds or resources
may petition the Secretary, at such time and in such manner as
the Secretary may determine, to request that grant funds or
resources be provided directly to the local government.
``(g) Administrative Expenses.--For each fiscal year, not more than
10 percent of the funds retained by a State after application of
subsection (f) may be used to pay salaries and other administrative
expenses incurred in administering the program.
``(h) Maintenance of Expenditures.--The Secretary may provide
assistance to a State under this section only if the State agrees to
maintain, and to ensure that each local government that receives funds
from the State in accordance with subsection (f) maintains, for the
fiscal year for which the assistance is provided, the aggregate
expenditures by the State or the local government, respectively, for
the uses described in subsection (c)(1) at a level that is at or above
the average annual level of those expenditures by the State or local
government, respectively, for the 2 fiscal years preceding the fiscal
year for which the assistance is provided.
``(i) Reports.--
``(1) Annual report to the secretary.--As a condition of
receipt of assistance under this section for a fiscal year, a
State shall submit to the Secretary, not later than 60 days
after the end of the fiscal year, a report on the use of the
assistance in the fiscal year.
``(2) Exercise and report to congress.--As a condition of
receipt of assistance under this section, not later than 3
years after the date of enactment of this section, a State
shall--
``(A) 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 all hazards; and
``(B) submit a report on the results of the
exercise to--
``(i) the Committee on Environment and
Public Works and the Committee on
Appropriations of the Senate; and
``(ii) the Committee on Transportation and
Infrastructure and the Committee on
Appropriations of the House of Representatives.
``(j) Coordination.--
``(1) With federal agencies.--The Secretary shall, as
necessary, coordinate the provision of assistance under this
section with activities carried out by appropriate Federal
agencies.
``(2) With indian tribes.--In providing and using
assistance under this section, the Secretary and the States
shall, as appropriate, coordinate with--
``(A) Indian tribes (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)) and other tribal organizations; and
``(B) Native villages (as defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602)) and other Alaska Native organizations.''.
(b) Cost Sharing for Emergency Operating Centers.--Section 614 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196c) is amended--
(1) by inserting ``(other than section 630)'' after ``carry
out this title''; and
(2) by inserting ``(other than section 630)'' after ``under
this title''.
SEC. 5. URBAN SEARCH AND RESCUE TASK FORCES.
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 4(a)) is amended by adding at the end the following:
``SEC. 631. URBAN SEARCH AND RESCUE TASK FORCES.
``(a) Definitions.--In this section:
``(1) Urban search and rescue equipment.--The term `urban
search and rescue equipment' means any equipment that the
Secretary determines to be necessary to respond to a major
disaster or emergency declared by the President under this Act.
``(2) Urban search and rescue task force.--The term `urban
search and rescue task force' means any of the 28 urban search
and rescue task forces designated by the Secretary as of the
date of enactment of this section.
``(b) Assistance.--
``(1) Mandatory grants for costs of operations.--For each
fiscal year, of the amounts made available to carry out this
section, the Secretary shall provide to each urban search and
rescue task force a grant of not less than $1,500,000 to pay
the costs of operations of the urban search and rescue task
force (including costs of basic urban search and rescue
equipment).
``(2) Discretionary grants.--The Secretary may provide to
any urban search and rescue task force a grant, in such amount
as the Secretary determines to be appropriate, to pay the costs
of--
``(A) operations in excess of the funds provided
under paragraph (1);
``(B) urban search and rescue equipment;
``(C) equipment necessary for an urban search and
rescue task force to operate in an environment
contaminated or otherwise affected by a weapon of mass
destruction;
``(D) training, including training for operating in
an environment described in subparagraph (C);
``(E) transportation;
``(F) expansion of the urban search and rescue task
force; and
``(G) incident support teams, including costs of
conducting appropriate evaluations of the readiness of
the urban search and rescue task force.
``(3) Priority for funding.--The Secretary shall distribute
funding under this subsection so as to ensure that each urban
search and rescue task force has the capacity to deploy
simultaneously at least 2 teams with all necessary equipment,
training, and transportation.
``(c) Grant Requirements.--The Secretary shall establish such
requirements as are necessary to provide grants under this section.
``(d) Establishment of Additional Urban Search and Rescue Task
Forces.--
``(1) In general.--Subject to paragraph (2), the Secretary
may establish urban search and rescue task forces in addition
to the 28 urban search and rescue task forces in existence on
the date of enactment of this section.
``(2) Requirement of full funding of existing urban search
and rescue task forces.--Except in the case of an urban search
and rescue task force designated to replace any urban search
and rescue task force that withdraws or is otherwise no longer
considered to be an urban search and rescue task force
designated by the Secretary, no additional urban search and
rescue task forces may be designated or funded until the 28
urban search and rescue task forces are able to deploy
simultaneously at least 2 teams with all necessary equipment,
training, and transportation.
``(e) Study.--Not later than 180 days after the date of enactment
of this section, the Secretary shall conduct, and submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing the results of, a study that--
``(1) evaluates the level of need for minimum capability
urban search and rescue teams (known as `USAR-lights') in major
metropolitan areas throughout the United States;
``(2) identifies locations in which such a capability would
significantly improve the ability to respond effectively to an
incident; and
``(3) identifies the equipment and staffing that would be
required to provide a short-term, immediate response while
waiting for a full USAR team to arrive.''.
SEC. 6. STUDY OF EMERGENCY RESPONSE COMMUNICATIONS SYSTEM.
Title VII of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5201 et seq.) is amended by adding at the end
the following:
``SEC. 706. STUDY OF EMERGENCY RESPONSE COMMUNICATIONS SYSTEM.
``(a) In General.--In consultation with the Federal Communications
Commission, the National Institute of Standards and Technology, and the
Secretary of Defense, the Secretary of Homeland Security shall conduct
a study to determine the resources that are needed for development of
an effective nationwide communications system for emergency response
personnel.
``(b) Report.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the study.
``(2) Review of use of spectrum.--The report shall include
a review of use of the digital spectrum or the analog spectrum
as a key component to meeting the urgent communications needs
of the emergency response personnel of the United States.''.
SEC. 7. NON-HOMELAND SECURITY MISSION PERFORMANCE REPORT.
(a) Report by the Secretary.--
(1) In general.--To ensure that the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.) continues to be administered by the Federal Emergency
Management Agency in an effective manner after the Agency's
inclusion in the Department of Homeland Security, Emergency
Preparedness and Response Directorate, the Secretary of
Homeland Security shall annually submit to Congress a report
that addresses the continuation of non-homeland security
functions at the Federal Emergency Management Agency.
(2) Contents.--The report shall--
(A) to the maximum extent practicable, provide an
inventory of the non-homeland security functions of the
entity, and identify the capabilities of the entity
with respect to those functions, including--
(i) the number of employees carrying out
those functions;
(ii) the budget for those functions; and
(iii) the flexibilities, personnel or
otherwise, used to carry out those functions;
(B) contain information relating to the roles,
responsibilities, organizational structure,
capabilities, personnel assets, and annual budgets,
specifically with respect to the capabilities of the
entity to accomplish non-homeland security functions
without any diminishment;
(C) contain information relating to whether any
changes are required to the roles, responsibilities,
functions, organizational structure, modernization
programs, projects, activities, recruitment and
retention programs, and annual fiscal resources to
enable the entity to accomplish non-homeland security
functions without diminishment; and
(D) describe the strategy that the Department will
use for the performance of non-homeland security
functions and homeland security functions.
(b) Evaluations by the Comptroller General.--
(1) In general.--The Comptroller General of the United
States shall monitor and evaluate the implementation of this
section.
(2) Reports.--Not later than 60 days after the date of
enactment of this Act, and annually thereafter during the
succeeding 5-year period, the Comptroller General of the United
States shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
contains--
(A) an evaluation of the implementation progress
reports submitted under this section;
(B) the findings and conclusions of the Comptroller
General of the United States resulting from the
monitoring and evaluation conducted under this
subsection, including evaluations of how successfully
the Department of Homeland Security is meeting the non-
homeland security functions of the Department; and
(C) any recommendations for legislation or
administrative action that the Comptroller General of
the United States considers to be appropriate.
(c) Performance Reports.--In each report submitted under section
1116 of title 31, United States Code, the Secretary of Homeland
Security shall--
(1) clarify homeland security and non-homeland security
function performance; and
(2) fully describe and evaluate the performance of homeland
and non-homeland security functions and goals.
SEC. 8. OFFICE FOR DOMESTIC PREPAREDNESS.
Section 430 of the Homeland Security Act of 2002 (6 U.S.C. 238) is
amended--
(1) by redesignating section 238 as section 802 and moving
that section so as to appear at the end of subtitle A of title
VIII of that Act;
(2) in section 802 (as redesignated by paragraph (1))--
(A) in subsection (a), by striking ``the
Directorate of Border and Transportation Security'' and
inserting ``the Office for State and Local Government
Coordination'';
(B) in subsection (b), by striking ``who shall be
appointed by the President'' and all that follows and
inserting ``who shall report directly to the Director
of State and Local Government Coordination.''; and
(C) in subsection (c)--
(i) in paragraph (7)--
(I) by striking ``other'' and
inserting ``the''; and
(II) by striking ``consistent with
the mission and functions of the
Directorate''; and
(ii) in paragraph (8), by inserting
``carrying out'' before ``those elements''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 626 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5197e) is amended by striking subsection (a)
and inserting the following:
``(a) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
such sums as are necessary to carry out this title (other than
section 631).
``(2) Urban search and rescue task forces.--
``(A) In general.--There are authorized to be
appropriated to carry out section 631--
``(i) $160,000,000 for fiscal year 2004;
and
``(ii) $42,000,000 for each of fiscal years
2005 through 2007.
``(B) Availability of amounts.--Amounts made
available under subparagraph (A) shall remain available
until expended.''.
Calendar No. 433
108th CONGRESS
2d Session
S. 930
[Report No. 108-227]
_______________________________________________________________________
A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to establish a program to provide assistance to enhance
the ability of first responders to prepare for and respond to all
hazards, and for other purposes.
_______________________________________________________________________
February 25, 2004
Reported with an amendment