[House Report 114-788]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-788
======================================================================
FIRST RESPONDER ACCESS TO INNOVATIVE TECHNOLOGIES ACT
_______
September 26, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 5460]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 5460) to amend the Homeland Security Act of 2002
to establish a review process to review applications for
certain grants to purchase equipment or systems that do not
meet or exceed any applicable national voluntary consensus
standards, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Statement of General Performance Goals and Objectives............ 4
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Preemption Clarification......................................... 4
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Responder Access to Innovative
Technologies Act''.
SEC. 2. APPROVAL OF CERTAIN EQUIPMENT.
(a) In General.--Subsection (f) of section 2008 of the Homeland
Security Act of 2002 (6 U.S.C. 609) is amended--
(1) by striking ``If an applicant'' and inserting the
following:
``(1) Application requirement.--If an applicant''; and
(2) by adding at the end the following new paragraphs:
``(2) Review process.--The Administrator shall implement a
uniform process for reviewing applications that, in accordance
with paragraph (1), contain explanations to use grants provided
under section 2003 or 2004 to purchase equipment or systems
that do not meet or exceed any applicable national voluntary
consensus standards developed under section 647 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747).
``(3) Factors.--In carrying out the review process under
paragraph (2), the Administrator shall consider the following:
``(A) Current or past use of proposed equipment or
systems by Federal agencies or the Armed Forces.
``(B) The absence of a national voluntary consensus
standard for such equipment or systems.
``(C) The existence of an international consensus
standard for such equipment or systems, and whether
such equipment or systems meets such standard.
``(D) The nature of the capability gap identified by
the applicant and how such equipment or systems will
address such gap.
``(E) The degree to which such equipment or systems
will serve the needs of the applicant better than
equipment or systems that meet or exceed existing
consensus standards.
``(F) Any other factor determined appropriate by the
Administrator.''.
(b) Inspector General Report.--Not later than three years after the
date of the enactment of this Act, the Inspector General of the
Department of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report
assessing the implementation of the review process established under
paragraph (2) of subsection (f) of section 2008 of the Homeland
Security Act of 2002 (as added by subsection (a) of this section),
including information on the following:
(1) The number of requests to purchase equipment or systems
that do not meet or exceed any applicable consensus standard
evaluated under such review process.
(2) The capability gaps identified by applicants and the
number of such requests granted or denied.
(3) The processing time for the review of such requests.
Purpose and Summary
The purpose of H.R. 5460 is to amend the Homeland Security
Act of 2002 to establish a process to review applications for
certain grants to purchase equipment or systems that do not
meet or exceed any applicable national voluntary consensus
standards, and for other purposes.
Background and Need for Legislation
As the threats that confront communities across the nation
evolve, so too do the events first responders are called upon
to tackle. Advancements in first responder technology are
making it possible for first responders to do their jobs better
and safer. Unfortunately, some first responders are unable to
acquire innovative, modern technologies. Section 2008(f) of the
Homeland Security Act requires applications for State Homeland
Security Grant Program (SHSGP) and the Urban Area Security
Initiative (UASI) funds to include an explanation should the
applicant propose to purchase or upgrade equipment that does
not meet or exceed applicable national voluntary consensus
standards. Although FEMA does review such requests,
stakeholders have complained that the process lacks uniformity,
predictability, and transparency. Moreover, FEMA does not have
a process in place to review requests to purchase equipment or
systems for which no consensus standards exist. H.R. 5460 would
help first responders use grant funds to purchase innovative
technology by directing FEMA to develop a uniform, transparent
process for reviewing these requests.
Hearings
No hearings were held on H.R. 5460 in the 114th Congress.
Committee Consideration
The Committee met on September 13, 2016, to consider H.R.
5460, and ordered the measure to be reported to the House with
a favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The following amendment was offered:
An Amendment by Mr. Donovan (#1); was AGREED TO by voice vote.
In subsection (b), in the matter preceding paragraph (1), strike
``review process'' and insert ``the processes''.
Amend paragraph (2) of subsection (b) to read as follows:
(2) The capability gaps identified by applicants and the number of
such requests granted or denied.
The Subcommittee on Emergency Preparedness, Response, and
Communications met on June 16, 2016, to consider H.R. 5460, and
ordered the measure reported to the Full Committee with a
favorable recommendation, without amendment, by voice vote.
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 5460.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5460, the First Responder Access to Innovative Technologies
Act, would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 5460 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
Under this legislation, the Committee intends FEMA to
implement a uniform process for reviewing applications to use
SHSGP and UASI funds to purchase equipment or systems that do
not meet or exceed national voluntary consensus standards.
Additionally, H.R. 5460 would require the Inspector General of
the Department of Homeland Security to submit a report to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate assessing FEMA's implementation of the review
process. The report is required not later than three years
after the date of enactment of this bill. Further, it would
include the number of requests to purchase the type of
equipment or systems mentioned above; the capability gaps
identified in applications to purchase such equipment or
systems; the number of requests granted and denied, and the
processing time for the review of such requests.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 5460 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 5460 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 5460 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``First Responder Access to Innovative Technologies Act''.
Sec. 2. Approval of Certain Equipment.
This section amends Subsection (f) of section 2008 of the
Homeland Security Act of 2002 (6 U.S.C. 609) by adding at the
end a review process for applications seeking to purchase
equipment or systems that do not meet or exceed applicable
national voluntary consensus standards using funds from the
Urban Area Security Initiative or the State Homeland Security
Grant Program. The Administrator is required to implement a
uniform process for reviewing such applications against the
following criteria:
1. current or past use of proposed equipment or systems
by Federal agencies or the Armed Forces;
2. the absence of a national voluntary consensus standard
for such equipment or systems;
3. the existence of an international consensus standard
for such equipment or systems, and whether such
equipment or systems meets such standard;
4. the nature of the capability gap identified by the
applicant and how such equipment or systems will
address such gap;
5. the degree to which such equipment or systems will
serve the needs of the applicant better than that which
meets or exceeds existing consensus standards; and
6. any other factor determined appropriate by the
Administrator.
This section also requires the Inspector General to report
to Congress, no later than three years after enactment of this
Act, on the implementation of the review process established
under this Act, which includes the number of requests to
purchase equipment or systems that do not meet or exceed any
applicable consensus standard evaluated under such review
process; the number of such requests granted and denied; and
how long it takes to review such requests.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to States and High-Risk Urban Areas
* * * * * * *
SEC. 2008. USE OF FUNDS.
(a) Permitted Uses.--The Administrator shall permit the
recipient of a grant under section 2003 or 2004 to use grant
funds to achieve target capabilities related to preventing,
preparing for, protecting against, and responding to acts of
terrorism, consistent with a State homeland security plan and
relevant local, tribal, and regional homeland security plans,
including by working in conjunction with a National Laboratory
(as defined in section 2(3) of the Energy Policy Act of 2005
(42 U.S.C. 15801(3))), through--
(1) developing and enhancing homeland security,
emergency management, or other relevant plans,
assessments, or mutual aid agreements;
(2) designing, conducting, and evaluating training
and exercises, including training and exercises
conducted under section 512 of this Act and section 648
of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 748);
(3) protecting a system or asset included on the
prioritized critical infrastructure list established
under section 210E(a)(2);
(4) purchasing, upgrading, storing, or maintaining
equipment, including computer hardware and software;
(5) ensuring operability and achieving
interoperability of emergency communications;
(6) responding to an increase in the threat level
under the Homeland Security Advisory System, or to the
needs resulting from a National Special Security Event;
(7) establishing, enhancing, and staffing with
appropriately qualified personnel State, local, and
regional fusion centers that comply with the guidelines
established under section 210A(i);
(8) enhancing school preparedness;
(9) enhancing the security and preparedness of secure
and nonsecure areas of eligible airports and surface
transportation systems;
(10) supporting public safety answering points;
(11) paying salaries and benefits for personnel,
including individuals employed by the grant recipient
on the date of the relevant grant application, to serve
as qualified intelligence analysts, regardless of
whether such analysts are current or new full-time
employees or contract employees;
(12) paying expenses directly related to
administration of the grant, except that such expenses
may not exceed 3 percent of the amount of the grant;
(13) any activity permitted under the Fiscal Year
2007 Program Guidance of the Department for the State
Homeland Security Grant Program, the Urban Area
Security Initiative (including activities permitted
under the full-time counterterrorism staffing pilot),
or the Law Enforcement Terrorism Prevention Program;
and
(14) any other appropriate activity, as determined by
the Administrator.
(b) Limitations on Use of Funds.--
(1) In general.--Funds provided under section 2003 or
2004 may not be used--
(A) to supplant State or local funds, except
that nothing in this paragraph shall prohibit
the use of grant funds provided to a State or
high-risk urban area for otherwise permissible
uses under subsection (a) on the basis that a
State or high-risk urban area has previously
used State or local funds to support the same
or similar uses; or
(B) for any State or local government cost-
sharing contribution.
(2) Personnel.--
(A) In general.--Not more than 50 percent of
the amount awarded to a grant recipient under
section 2003 or 2004 in any fiscal year may be
used to pay for personnel, including overtime
and backfill costs, in support of the permitted
uses under subsection (a).
(B) Waiver.--At the request of the recipient
of a grant under section 2003 or 2004, the
Administrator may grant a waiver of the
limitation under subparagraph (A).
(3) Limitations on discretion.--
(A) In general.--With respect to the use of
amounts awarded to a grant recipient under
section 2003 or 2004 for personnel costs in
accordance with paragraph (2) of this
subsection, the Administrator may not--
(i) impose a limit on the amount of
the award that may be used to pay for
personnel, or personnel-related, costs
that is higher or lower than the
percent limit imposed in paragraph
(2)(A); or
(ii) impose any additional limitation
on the portion of the funds of a
recipient that may be used for a
specific type, purpose, or category of
personnel, or personnel-related, costs.
(B) Analysts.--If amounts awarded to a grant
recipient under section 2003 or 2004 are used
for paying salary or benefits of a qualified
intelligence analyst under subsection (a)(10),
the Administrator shall make such amounts
available without time limitations placed on
the period of time that the analyst can serve
under the grant.
(4) Construction.--
(A) In general.--A grant awarded under
section 2003 or 2004 may not be used to acquire
land or to construct buildings or other
physical facilities.
(B) Exceptions.--
(i) In general.--Notwithstanding
subparagraph (A), nothing in this
paragraph shall prohibit the use of a
grant awarded under section 2003 or
2004 to achieve target capabilities
related to preventing, preparing for,
protecting against, or responding to
acts of terrorism, including through
the alteration or remodeling of
existing buildings for the purpose of
making such buildings secure against
acts of terrorism.
(ii) Requirements for exception.--No
grant awarded under section 2003 or
2004 may be used for a purpose
described in clause (i) unless--
(I) specifically approved by
the Administrator;
(II) any construction work
occurs under terms and
conditions consistent with the
requirements under section
611(j)(9) of the Robert T.
Stafford Disaster Relief and
Emergency Assistance Act (42
U.S.C. 5196(j)(9)); and
(III) the amount allocated
for purposes under clause (i)
does not exceed the greater of
$1,000,000 or 15 percent of the
grant award.
(5) Recreation.--Grants awarded under this subtitle
may not be used for recreational or social purposes.
(c) Multiple-Purpose Funds.--Nothing in this subtitle shall
be construed to prohibit State, local, or tribal governments
from using grant funds under sections 2003 and 2004 in a manner
that enhances preparedness for disasters unrelated to acts of
terrorism, if such use assists such governments in achieving
target capabilities related to preventing, preparing for,
protecting against, or responding to acts of terrorism.
(d) Reimbursement of Costs.--
(1) Paid-on-call or volunteer reimbursement.--In
addition to the activities described in subsection (a),
a grant under section 2003 or 2004 may be used to
provide a reasonable stipend to paid-on-call or
volunteer emergency response providers who are not
otherwise compensated for travel to or participation in
training or exercises related to the purposes of this
subtitle. Any such reimbursement shall not be
considered compensation for purposes of rendering an
emergency response provider an employee under the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
(2) Performance of federal duty.--An applicant for a
grant under section 2003 or 2004 may petition the
Administrator to use the funds from its grants under
those sections for the reimbursement of the cost of any
activity relating to preventing, preparing for,
protecting against, or responding to acts of terrorism
that is a Federal duty and usually performed by a
Federal agency, and that is being performed by a State
or local government under agreement with a Federal
agency.
(e) Flexibility in Unspent Homeland Security Grant Funds.--
Upon request by the recipient of a grant under section 2003 or
2004, the Administrator may authorize the grant recipient to
transfer all or part of the grant funds from uses specified in
the grant agreement to other uses authorized under this
section, if the Administrator determines that such transfer is
in the interests of homeland security.
(f) Equipment Standards.--[If an applicant]
(1) Application requirement._If an applicant for a
grant under section 2003 or 2004 proposes to upgrade or
purchase, with assistance provided under that grant,
new equipment or systems that do not meet or exceed any
applicable national voluntary consensus standards
developed under section 647 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 747),
the applicant shall include in its application an
explanation of why such equipment or systems will serve
the needs of the applicant better than equipment or
systems that meet or exceed such standards.
(2) Review process.--The Administrator shall
implement a uniform process for reviewing applications
that, in accordance with paragraph (1), contain
explanations to use grants provided under section 2003
or 2004 to purchase equipment or systems that do not
meet or exceed any applicable national voluntary
consensus standards developed under section 647 of the
Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 747).
(3) Factors.--In carrying out the review process
under paragraph (2), the Administrator shall consider
the following:
(A) Current or past use of proposed equipment
or systems by Federal agencies or the Armed
Forces.
(B) The absence of a national voluntary
consensus standard for such equipment or
systems.
(C) The existence of an international
consensus standard for such equipment or
systems, and whether such equipment or systems
meets such standard.
(D) The nature of the capability gap
identified by the applicant and how such
equipment or systems will address such gap.
(E) The degree to which such equipment or
systems will serve the needs of the applicant
better than equipment or systems that meet or
exceed existing consensus standards.
(F) Any other factor determined appropriate
by the Administrator.
* * * * * * *