II 

109TH CONGRESS 

1ST SESSION S. 308 

To require that Homeland Security grants related to terrorism preparedness 

and prevention be awarded based strictly on an assessment of risk, 

threat, and vulnerabilities. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2005 

Mr. LAUTENBERG (for himself and Mr. CORZINE) introduced the following 

bill; which was read twice and referred to the Committee on Homeland 

Security and Governmental Affairs 

A BILL 

To require that Homeland Security grants related to terrorism preparedness and prevention be awarded based 

strictly on an assessment of risk, threat, and 

vulnerabilities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Risk-Based Homeland 

5 Security Funding Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress agrees with the recommendation on page 

8 396 of the Final Report of the National Commission on 
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1 Terrorist Attacks Upon the United States (commonly 

2 known as the ‘‘9/11 Report’’), which includes the fol3 lowing: 

4 ‘‘Homeland security assistance should be based strictly on 

5 an assessment of risks and vulnerabilities. . . . [F]ederal 

6 homeland security assistance should not remain a program 

7 for general revenue sharing. It should supplement state 

8 and local resources based on the risks or vulnerabilities 

9 that merit additional support. Congress should not use 

10 this money as a pork barrel.’’. 

11 SEC. 3. RISK-BASED HOMELAND SECURITY GRANT FUND12 ING. 

13 (a) CRITERIA FOR AWARDING HOMELAND SECURITY

14 GRANTS.—Except for grants awarded under any of the 

15 programs listed under section 4(b), all homeland security 

16 grants related to terrorism prevention and terrorism pre17 paredness shall be awarded based strictly on an assess18 ment of risk, threat, and vulnerabilities, as determined by 

19 the Secretary of Homeland Security. 

20 (b) LIMITATION.—Except for grants awarded under 

21 any of the programs listed under section 4(b), none of the 

22 funds appropriated for Homeland Security grants may be 

23 used for general revenue sharing. 
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1 (c) CONFORMING AMENDMENT.—Section 1014(c)(3) 

2 of the USA PATRIOT ACT (42 U.S.C. 3714(c)(3)) is re3 pealed. 

4 SEC. 4. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR 

5 TRADITION FIRST RESPONDER MISSIONS. 

6 (a) SAVINGS PROVISION.—This Act shall not be con7 strued to affect any authority to award grants under a 

8 Federal grant program listed under subsection (b), which 

9 existed on September 10, 2001, to enhance traditional 

10 missions of State and local law enforcement, firefighters, 

11 ports, emergency medical services, or public health mis12 sions. 

13 (b) PROGRAMS EXCLUDED.—The programs referred 

14 to in subsection (a) are the following: 

15 (1) The Firefighter Assistance Program author16 ized under section 33 of the Federal Fire Prevention 

17 and Control Act of 1974 (15 U.S.C. 2229). 

18 (2) The Emergency Management Performance 

19 Grant Program and the Urban Search and Rescue 

20 Grant Program authorized under— 

21 (A) title VI of the Robert T. Stafford Dis22 aster Relief and Emergency Assistance Act (42 

23 U.S.C. 5195 et seq.); 

24 (B) the Departments of Veterans Affairs 

25 and Housing and Urban Development, and 
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1 Independent Agencies Appropriations Act, 2000 

2 (Public Law 106–74; 113 Stat. 1047 et seq.); 

3 and 

4 (C) the Earthquake Hazards Reduction 

5 Act of 1977 (42 U.S.C. 7701 et seq.). 

6 (3) The Edward Byrne Memorial State and 

7 Local Law Enforcement Assistance Programs au8 thorized under part E of title I of the Omnibus 

9 Crime Control and Safe Streets Act of 1968 (42 

10 U.S.C. 3750 et seq.). 

11 (4) The Public Safety and Community Policing 

12 (COPS ON THE BEAT) Grant Program authorized 

13 under part Q of title I of the Omnibus Crime Con14 trol and Safe Streets Act of 1968 (42 U.S.C. 

15 3796dd et seq.). 

16 (5) Grant programs under the Public Health 

17 Service Act (42 U.S.C. 201 et seq.) regarding pre18 paredness for bioterrorism and other public health 

19 emergencies; 

20 (6) The Emergency Response Assistance Pro21 gram authorized under section 1412 of the Defense 

22 Against Weapons of Mass Destruction Act of 1996 

23 (50 U.S.C. 2312). 
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1 (7) Grant programs under the Robert T. Staf2 ford Disaster Relief and Emergency Act (42 U.S.C. 

3 5121 et seq.). 

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