Subject: [NEXTEL-1] H.R.3266- Faster and Smarter Funding for First Responders Act of 2003

From: [email-masked]
Date: Wed, 09 Jun 2004 03:02:52 -0400

H.R.3266
Faster and Smarter Funding for First Responders Act of 2003 (Introduced
in House)

HR 3266 IH
108th CONGRESS
1st Session
H. R. 3266
To authorize the Secretary of Homeland Security to make grants to first
responders, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
October 8, 2003

Mr. COX introduced the following bill; which was referred to the Select
Committee on Homeland Security, and in addition to
the Committees on Transportation and Infrastructure, the 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 `Faster and Smarter Funding for First
Responders Act of 2003'.
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

http://thomas.loc.gov/cgi-bin/query/F?c108:1:./temp/~c108KiMXoy:e0:

Bill Summary & Status for the 108th Congress

http://thomas.loc.gov/cgi-bin/bdquery/z?d108:h.r.03266:

http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR03266:@@@L&summ2=m&

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