138 STAT. 2581 PUBLIC LAW 118–165—DEC. 23, 2024 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. 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 ‘‘First Responder Access to Innova- tive 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 stand- ards. 6 USC 101 note. First Responder Access to Innovative Technologies Act. Dec. 23, 2024 [H.R. 3254] VerDate Sep 11 2014 01:50 Jan 07, 2025 Jkt 059139 PO 00165 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL165.118 PUBL165 kcroghan on LAP5R21GR3PROD with PUBLAWS 138 STAT. 2582 PUBLIC LAW 118–165—DEC. 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. Æ ‘‘(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) 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 Com- mittee 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 sys- tems 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. Assessment. VerDate Sep 11 2014 01:50 Jan 07, 2025 Jkt 059139 PO 00165 Frm 00002 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL165.118 PUBL165 kcroghan on LAP5R21GR3PROD with PUBLAWS