[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 130 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 130
To authorize the Secretary of Homeland Security to make grants to first
responders, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mr. Frelinghuysen (for himself, Mr. Smith of New Jersey, Mr. Saxton,
Mr. LoBiondo, Mr. Pallone, Mr. Ferguson, Mr. Garrett of New Jersey, Mr.
Pascrell, and Mr. Rothman) introduced the following bill; which was
referred to the Committee on Homeland Security, and in addition to the
Committees on Transportation and Infrastructure, Judiciary, and Energy
and Commerce, 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 authorize the Secretary of Homeland Security to make grants to first
responders, and for 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 ``Smarter Funding for All of America's
Homeland Security Act of 2007''.
SEC. 2. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR TRADITIONAL FIRST
RESPONDER MISSIONS.
(a) In General.--This Act does not affect any authority to make
grants under any Federal grant program in existence immediately prior
to September 11, 2001, that enhance traditional missions of State and
local law enforcement, firefighters, ports, emergency medical services,
or public health missions.
(b) Included Programs.--The programs referred to in subsection (a)
include the following:
(1) Fire grant program.--The Fire Grant Program authorized
by section 1703 of the Defense Authorization Act of 2001
(Public Law 106-398).
(2) Emergency management planning and assistance account
grants.--The Emergency Management Performance Grant program and
the Urban Search and Rescue Grants program authorized by title
VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5195 et seq.); the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2000 (113 Stat. 1047
et seq.); and the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.).
(3) Department of justice law enforcement grant programs.--
The Local Law Enforcement Block Grant program of the Department
of Justice.
(4) Byrne memorial formula grants.--The Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs
authorized by part E of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).
(5) COPS.--The Public Safety and Community Policing (``COPS
ON THE BEAT'') grant program authorized by part Q of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796dd et seq.).
(6) Health and human services grant programs.--Grant
programs under the Public Health Service Act regarding
preparedness for bioterrorism and other public health
emergencies (including grants under sections 319C-1, 319C-2,
and 319F), and the emergency response assistance program
authorized by section 1412 of the National Defense
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2312).
SEC. 3. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
(a) In General.--Subtitle A of title VIII of the Homeland Security
Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is amended by
adding at the end the following:
``SEC. 802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
``(a) Short Title.--This section may be cited as the `Faster and
Smarter Funding for First Responders Act'.
``(b) First Responder Grants Authorized.--
``(1) In general.--The Secretary shall establish a State
and Regional First Responder Grant Program, under which the
Secretary may make grants in accordance with this section to
States and eligible regional entities.
``(2) Application to other grants.--All grants by the
Secretary with amounts made available after the date of the
enactment of this Act for first responders shall be awarded
under the program, and shall be made to either States or
eligible regional cooperatives in accordance with this section.
``(3) Administration.--The Secretary shall administer the
program through the Office for State and Local Government
Coordination.
``(c) Grant Criteria and Eligibility.--
``(1) Grant criteria.--The Secretary shall make grants
under this section on the basis of the threat to a State or
region's population and critical infrastructure, as determined
by the Under Secretary for Information Analysis and
Infrastructure Protection based on its analysis under
subsection (e) of threat-related information from all sources
pursuant to its authority under section 202 of the Homeland
Security Act of 2002.
``(2) Grant eligibility.--To be eligible for a grant under
this section an applicant must be--
``(A) a State; or
``(B) a region.
``(3) Consistency.--Any grant awarded under this section
shall be used to supplement and support, in a consistent and
coordinated manner, activities described under subsection (f)
in accordance with a homeland security plan specified in the
application for the grant.
``(d) Application for Grant.--
``(1) In general.--Any State or eligible regional entity
may apply for a grant under this section by submitting to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
``(2) Point of contact.--The Office for State and Local
Government Coordination shall be the sole point-of-contact
between the Department and applicants for grants under this
section.
``(3) Contents of application.--Each application for a
grant under this section must include the following:
``(A) Details of the purpose for which grant funds
are sought and the reasons why the applicant needs the
grant, including specification of what the applicant
expects to purchase or accomplish with the grant funds.
``(B) Identification of the entity that will expend
the grant funds.
``(C) A detailed capital budget showing how the
grant funds will be allocated and spent.
``(D) A statement of whether a mutual aid agreement
applies to the use of the grant funds.
``(E) A description of the source of the threat to
which the proposed grant relates, including the type of
attack for which the applicant is preparing for in
seeking the grant funding.
``(F) A statement of why the proposed use of funds
is not a traditional first responder mission.
``(G) A description of how the applicant intends to
meet the matching requirement under subsection (g)(2),
and a statement of whether the applicant will commit to
provide more matching funds than the amount required
under that subsection.
``(e) Threat-Based Evaluation of Grant Applications.--
``(1) In general.--The Secretary, acting through the Under
Secretary, shall evaluate and prioritize applications for
grants under this section based on an objective determination
and exhaustive assessment of the threat to the population or
assets covered by the application.
``(2) Categories of threats to be considered.--In
evaluating and prioritizing applications for grants under this
section, the Under Secretary for Information Analysis and
Infrastructure Protection's risk analysis shall include
consideration of whether and the degree to which threats within
the following categories are applicable at that time to the
State or region for which the application is made:
``(A) Threats to the population of the State or
region, including military and tourist populations.
``(B) Threats to specific economic sectors or
private sector facilities.
``(C) Threats to major communications nodes,
including cyber and telephonic nodes.
``(D) Threats to specific elements of the Nation's
food supply.
``(E) Threats to the water supply.
``(F) Threats to the energy supply, including to
electrical, petroleum, and nuclear sources.
``(G) Threats to civic infrastructure and emergency
response capabilities, including threats that would--
``(i) substantially eliminate the
government of the State or region;
``(ii) materially degrade the ability of
first responders serving the State or region to
communicate or to provide assistance during and
in the aftermath of an act of terrorism,
including a chemical, biological, radiological,
or nuclear attack; and
``(iii) curtail the availability or
effectiveness of emergency medical services,
including hospital-based services, needed to
serve the population of the State or region
during such a terrorist-induced mass-medical
emergency.
``(H) Threats to specific national monuments or
structures of symbolic national importance,
particularly those that routinely attract large numbers
of tourist visitors.
``(I) Threats to significant concentrations of
natural resources on which major economic sectors or
population centers depend.
``(J) Threats to major transportation systems or
nodes.
``(3) Specific threats.--In addition to the categories of
threats under paragraph (2), the Under Secretary shall consider
any other specific threat to a critical vulnerability that the
Department's Directorate of Information Analysis and
Infrastructure Protection has determined exists within the
applicant State or region.
``(4) Identification of threat required.--The Secretary may
not make a grant to an applicant under this section unless the
Under Secretary identifies a specific vulnerability that is
subject to a present or analytically projected threat of an act
of terrorism.
``(5) Prioritization.--The Under Secretary shall prioritize
applications according to the most current analysis by the
Department's Directorate of Information Analysis and
Infrastructure Protection of the terrorist threat.
``(A) The Under Secretary shall prioritize threats
listed under paragraph (2) according, first, to their
specificity and tactical immediacy.
``(B) The Under Secretary shall, next, prioritize
threats according to--
``(i) first, whether they pose a risk of
significant loss of human life;
``(ii) second, whether they pose a risk of
large-scale denial of the means of human
subsistence, including food or water supply;
and
``(iii) third, whether they pose a risk of
massive disruption to one or more sectors of
the economy of the United States.
``(f) Use of Funds.--
``(1) In general.--Grants under this section may be used
for--
``(A) the purchase or upgrading of equipment;
``(B) exercises to strengthen emergency response;
``(C) training in the use of equipment; and
``(D) training for prevention (including detection)
of, preparedness for, or response to attacks involving
weapons of mass destruction, regardless of their
perpetrators or sponsorship, including exercises to
strengthen emergency preparedness of State, regional,
and local first responders.
``(2) Prohibited uses.--Grant funds under this section may
not be used to supplant State or local funds that would, in the
absence of Federal aid, be available for homeland security or
other first responder related projects.
``(A) Construction.--Grants awarded under this
section may not be used to construct buildings or other
physical facilities, except those described in section
611 of the Disaster Relief Act of 1974 (42 U.S.C.
5196), or to acquire land.
``(B) Cost sharing.--Grant funds provided under
this section shall not be used for any State or local
government cost sharing contribution request under this
section.
``(3) Flexibility in unspent homeland security grant
funds.--Upon request by a grantee under this section, the
Secretary may authorize the grantee to transfer all or part of
funds provided as a grant under this section, from uses
specified in the grant to other uses authorized under this Act,
if the Secretary determines that such transfer is in the
interests of homeland security.
``(g) State and Regional Responsibilities.--
``(1) Pass-through.--The Secretary shall require a
recipient of a grant under this section that is a State or
multi-State entity to provide to local governments, first
responders, and other local groups, consistent with homeland
security plans specified in the application for the grant, not
less than 80 percent of the grant funds, resources purchased
with the grant funds having a value equal to at least 80
percent of the amount of the grant, or a combination thereof,
by not later than the end of the 45-day period beginning on the
date the grant recipient receives the grant funds.
``(2) Cost sharing.--
``(A) In general.--The Federal share of the costs
of an activity carried out with a grant to a State or
region under this section shall not exceed 75 percent.
``(B) Effective date.--The matching requirement
under subparagraph (A) shall take effect 2 years after
the date of enactment of this Act.
``(3) Report on homeland security spending.--Each recipient
of a grant under this section shall annually submit a report to
the Secretary that contains the following information:
``(A) The amount and the dates of receipt of all
grant funds received.
``(B) The amount and the dates of disbursements of
all funds expended in compliance with subsection (g)(1)
or pursuant to mutual aid agreements or other sharing
arrangements that apply within a region.
``(C) How the funds were utilized by each ultimate
recipient or beneficiary.
``(h) Incentives to Efficient Administration of Homeland Security
Grants.--
``(1) Penalties for failure to provide local share.--If a
grant recipient under this section that is a State or multi-
State entity fails to provide to local governments, first
responders, and other local groups funds or resources as
required by subsection (g)(1) within 45 days after receiving
grant funds under this section, the Secretary may--
``(A) reduce grant payments to the grant recipient
from the portion of grant funds that is not required to
be provided under subsection (g)(1);
``(B) terminate payment of grant funds under this
section to the recipient, and transfer the appropriate
portion of those funds directly to local first
responders that were intended to receive funding under
that grant; or
``(C) impose additional restrictions or burdens on
the recipient's use of grant funds under this section,
which may include--
``(i) prohibiting use of such funds to pay
the grant recipient's grant-related overtime or
other expenses;
``(ii) requiring the grant recipient to
distribute to local government beneficiaries
all or a portion of grant funds that are not
required to be provided under subsection
(g)(1); or
``(iii) for each day that the grant
recipient fails to provide funds or resources
in accordance with subsection (g)(1), reducing
grant payments to the grant recipient from the
portion of grant funds that is not required to
be provided under subsection (g)(1), except
that the total amount of such reduction may not
exceed 20 percent of the total amount of the
grant.
``(2) Provision of non-local share to local government.--
(A) The Secretary, acting through the Office for State and
Local Government Coordination, may upon request by a local
government pay to the local government a portion of the amount
of a grant to a State or multi-State entity in the jurisdiction
of which the local government is located, if--
``(i) the local government will use the amount paid
to expedite planned enhancements to its homeland
security-related readiness; and
``(ii) the State or multi-State entity has failed
to provide funds or resources in accordance with
subsection (g)(1).
``(B) To receive a payment under this paragraph, a local
government must demonstrate that--
``(i) it is identified explicitly as an ultimate
recipient or intended beneficiary in the approved grant
application submitted by the grantee;
``(ii) it was intended by the grantee to receive a
severable portion of the overall grant for a specific
purpose that is identified in the grant application;
``(iii) it petitioned the grantee for the funds or
resources after expiration of the period within which
the funds or resources were required to be provided
under subsection (g)(1); and
``(iv) it did not receive the portion of the
overall grant that was earmarked or designated for its
use or benefit.
``(C) To obtain a payment under this paragraph, a local
government must provide a copy of the original application.
``(D) Payment of grant funds to a local government under
this paragraph--
``(i) shall not affect any payment to another local
government under this paragraph; and
``(ii) shall not prejudice consideration of a
request for payment under this paragraph that is
submitted by another local government.
``(E) The Office for State and Local Government
Coordination shall approve or disapprove each request for
payment under this paragraph by not later than 15 days after
the date the request is received by the Office.
``(i) Reports Regarding Distribution of Grant Funds to Local
Governments.--The recipient of a grant under this section shall report
to the Secretary, by not later than 30 days after the expiration of the
period described in subsection (g)(1) with respect to the grant,
regarding the speed of distribution of grant funds and resources to
local governments, first responders, and other local groups pursuant to
subsection (g)(1).
``(j) Reports to Congress.--The Secretary shall submit an annual
report to the Select Committee on Homeland Security of the House of
Representatives and the Committee on Governmental Affairs of the
Senate--
``(1) describing in detail the amount of Federal funds
provided as grants under this section that were directed to
each State and region; and
``(2) containing information on the use of such grant funds
by grantees.
``(k) Definitions.--For purposes of 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) Homeland security plan.--The term `homeland security
plan' means a 3-year plan developed by a State to--
``(A) assess a State's risks, threats, and
vulnerabilities to acts of terrorism;
``(B) determine a State's capabilities to respond
to acts of terrorism; and
``(C) set priorities for the allocation of grant
funds received under this section.
``(3) Under secretary.--The term `Under Secretary' means
the Under Secretary for Information Analysis and Infrastructure
Protection.
``(4) Region.--The term `region' means a multi-State or
intra-State entity, established by law or by agreement of two
or more governments or governmental agencies in a mutual aid
agreement.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting at the end of the items relating to subtitle A of title VIII
the following:
``Sec. 802. Faster and smarter funding for first responders.''.
SEC. 4. ADVISORY COUNCIL ON FIRST RESPONDERS.
(a) In General.--Subtitle A of title VIII of the Homeland Security
Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is further
amended by adding at the end the following:
``SEC. 803. ADVISORY COUNCIL ON FIRST RESPONDERS.
``(a) Establishment.--The Secretary shall establish the Advisory
Council on First Responders, which shall report to the Secretary
through the head of the Office of State and Local Government
Coordination (in this section referred to as the `Advisory Council').
``(b) Functions.--The Advisory Council shall--
``(1) advise the Secretary as to whether there is a need
for a Federal standard with respect to any particular first
responder equipment or training; and
``(2) have such additional responsibilities as the
Secretary may assign in furtherance of the Department's
homeland security mission with respect to enhancing the
capabilities of State and local first responders.
``(c) Membership.--
``(1) In general.--The Advisory Council shall consist of
members appointed by the Secretary and shall--
``(A) represent a cross section of first responder
disciplines; and
``(B) include both State and local representatives
within each discipline.
``(2) Selection of members.--The Secretary--
``(A) shall include in the membership of the
Advisory Council--
``(i) members selected from traditional
first responder fields, including firefighters,
police, and emergency management personnel; and
``(ii) experts representing hospitals
(including emergency and inpatient medical
service providers), the public health
profession, and public works; and
``(B) may include in the membership of the Advisory
Council, at the Secretary's discretion, elected State
and local officials with demonstrable expertise in
homeland security-related matters.
``(d) Meetings.--The Advisory Council shall meet not less than
quarterly.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further
amended by inserting at the end of the items relating to subtitle A of
title VIII the following:
``Sec. 803. Advisory Council on First Responders.''.
SEC. 5. MODIFICATION OF HOMELAND SECURITY ADVISORY SYSTEM.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (Public Law 107-296; 6 U.S.C. 121 et seq.) is amended by
adding at the end the following:
``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
``(a) In General.--The Secretary shall revise the Homeland Security
Advisory System referred to in section 201(d)(7) to require that any
designation of a threat level or other warning shall be accompanied by
a designation of the geographic regions and economic sectors to which
the designation applies.
``(b) Reports.--The Secretary shall report annually to the Congress
regarding the geographic region-specific and economic sector-specific
warnings issued in the preceding year under the Homeland Security
Advisory System referred to in section 201(d)(7), and the bases for
such warnings. This report shall be submitted in unclassified form and
may, as necessary, include a classified annex.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting at the end of the items relating to subtitle A of title II
the following:
``Sec. 203. Homeland Security Advisory System.''.
SEC. 6. INFORMATION SHARING WITH STATE AND LOCAL GOVERNMENTS.
(a) In General.--Subtitle I of title VIII of the Homeland Security
Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is further
amended by adding at the end the following:
``SEC. 899A. REPORTS ON INFORMATION SHARING WITH STATE AND LOCAL
GOVERNMENTS.
``(a) In General.--The Secretary shall report to the Congress
annually on the following:
``(1) The number and level of security clearances granted
by Federal agencies to State and local government officials.
``(2) The number of State and local government officials
who have sought to be cleared by Federal agencies for such
access.
``(3) The number of instances in which State and local
government officials were granted by Federal agencies
situational access to classified information based only on
signing a Federal non-disclosure form.
``(4) The fastest, slowest, and average times it took to
make security clearance determinations for State and local
government officials.
``(5) Any instance in which access to classified
information was denied to State or local government officials
whose employing governments had sought such access for them and
the reasons therefor.
``(6) All entities that conduct clearance processing for
the Department, including private contractors.''.
(b) First Report.--The Secretary of Homeland Security shall submit
the first report under the amendment made by subsection (a) by not
later than 6 months after the date of the enactment of this Act.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further
amended by inserting at the end of the items relating to subtitle I of
title VIII the following:
``Sec. 899a. Reports on information sharing with State and local
governments.''.
SEC. 7. SPECTRUM FOR FIRST RESPONDER COMMUNICATIONS.
(a) In General.--The Under Secretary for Science and Technology of
the Department of Homeland Security shall conduct a study of whether
there is a need to assign additional bands of frequencies of
electromagnetic spectrum to assist and enable State and local first
responders in meeting their needs associated with a catastrophic
regional or national emergency.
(b) Report.--The Under Secretary shall submit a report on the
findings of the study to the Congress by not later than 180 days after
the date of the enactment of this Act.
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