[118th Congress Public Law 165]
[From the U.S. Government Publishing Office]



[[Page 138 STAT. 2581]]

Public Law 118-165
118th Congress

                                 An Act


 
  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. <<NOTE: Dec. 23, 2024 -  [H.R. 
                                3254]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: First Responder 
Access to Innovative Technologies Act.>> 
SECTION <<NOTE: 6 USC 101 note.>> 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.--Section 2008 of the Homeland Security Act of 2002 
(6 U.S.C. 609) is amended--
            (1) in subsection (f)--
                    (A) by striking ``If an applicant'' and inserting 
                the following:
            ``(1) Application requirement.--If an applicant''; and
                    (B) 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.

[[Page 138 STAT. 2582]]

                    ``(F) Any other factor determined appropriate by the 
                Administrator.''; and
            (2) by adding at the end the following new subsection:

    ``(g) Review Process.--The Administrator shall implement a uniform 
process for reviewing applications to use grants provided under section 
2003 or 2004 to purchase equipment or systems not included on the 
Authorized Equipment List maintained by the Administrator.''.
    (b) <<NOTE: Assessment.>> 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.

    Approved December 23, 2024.

LEGISLATIVE HISTORY--H.R. 3254:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 118-152 (Comm. on Homeland Security).
SENATE REPORTS: No. 118-243 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 169 (2023):
                                    July 25, 27, considered and passed 
                                        House.
                                                        Vol. 170 (2024):
                                    Dec. 10, considered and passed 
                                        Senate.

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