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[House Report 115-757]
[From the U.S. Government Publishing Office]

115th Congress    }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {     115-757

======================================================================

 
          SHIELDING PUBLIC SPACES FROM VEHICULAR TERRORISM ACT

                                _______
                                

 June 14, 2018.--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. 4627]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4627) to amend the Homeland Security Act of 2002 
to authorize expenditures to combat emerging terrorist threats, 
including vehicular attacks, 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..............................     3
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     4
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.........................................     5
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 ``Shielding Public Spaces from Vehicular 
Terrorism Act''.

SEC. 2. RESEARCH AND DEVELOPMENT.

  The Homeland Security Act of 2002 is amended--
          (1) in paragraph (11) of section 302 (6 U.S.C. 182), by 
        inserting ``research and development to combat emerging 
        terrorist threats, such as vehicular attacks, and'' before 
        ``the long-term''; and
          (2) in subparagraph (B) of section 308(b)(2) (6 U.S.C. 
        188(b)(2))--
                  (A) in the matter preceding clause (i), by striking 
                ``expertise in--'' and inserting ``expertise in the 
                following:'';
                  (B) by redesignating clause (xiv) as clause (xv); and
                  (C) by inserting after clause (xiii) the following 
                new clause:
                          ``(xiv) Combatting emerging terrorist 
                        threats, including vehicular attacks.''.

SEC. 3. ALLOWABLE USES.

  Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is 
amended--
          (1) in subsection (a)--
                  (A) by redesignating paragraphs (11) through (14) as 
                paragraphs (12) through (15), respectively; and
                  (B) by inserting after paragraph (10) the following 
                new paragraph:
          ``(11) addressing security vulnerabilities of public spaces, 
        including through the installation of bollards and other target 
        hardening activities;''; and
          (2) in subsection (b)--
                  (A) in paragraph (3)(B), by striking ``(a)(10)'' and 
                inserting ``(a)(12)''; and
                  (B) by adding at the end the folllowing new 
                paragraph:
          ``(6) Firearms.--
                  ``(A) In general.--A grant awarded under section 2003 
                or 2004 may not be used for the provision to any person 
                of a firearm or training in the use of a firearm.
                  ``(B) No effect on other laws.--Nothing in this 
                paragraph may be construed to preclude or contradict 
                any other provision of law authorizing the provision of 
                firearms or training in the use of firearms.''.

SEC. 4. REPORT.

  The Secretary 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 on 
emerging automotive technologies that support driverless vehicles and 
the threat such vehicles may pose to people in public spaces. Such 
report shall also address risks associated with cyber terrorism and 
computer-dependent automotive vehicles.

                          Purpose and Summary

    H.R. 4627 amends the Homeland Security Act of 2002 (Pub. L. 
107-296) to authorize expenditures to combat emerging terrorist 
threats, including vehicular attacks. H.R. 4627 amends the 
responsibilities of the Under Secretary of the Department of 
Homeland Security's (DHS) Science and Technology Directorate 
(S&T) to include research and development to combat emerging 
terrorist threats, such as vehicular attacks. In addition, the 
bill permits grants awarded under the State Homeland Security 
Grant Program and Urban Area Security Initiative to be used to 
address security vulnerabilities of public spaces.
    The amendment in the nature of a substitute offered by Rep. 
Donovan incorporates language to codify current DHS policy that 
grant funding may not be used to purchase firearms or for 
training on the use of firearms. This language is similar to an 
amendment offered by Rep. Demings to this bill and to language 
which passed the House with bipartisan support in the STOP 
School Violence Act of 2018 (H.R. 4909).

                  Background and Need for Legislation

    ISIS has been urging supporters to carry out attacks 
against Westerners using any means necessary, including the use 
of vehicles as a weapon. In September 2014, now deceased ISIS 
senior leader, Abu Mohammed Al Adnani, urged these attacks 
stating, ``Smash his head with a rock, or slaughter him with a 
knife, or run him over with your car, or throw him down from a 
high place, or choke him, or poison him.''\1\ To date, there 
have been 21 attacks against the West using vehicles as a 
weapon, including the October 31st attack by Sayfullo Saipov 
who drove a rented truck down a bicycle lane in New York City, 
killing eight and wounding 13.\2\
---------------------------------------------------------------------------
    \1\Yara Bayoumy, ISIS Urges More Attacks on Western `Disbelievers,' 
The Independent. Sept. 22, 2014.
    \2\Committee on Homeland Security Terror Threat Snapshot, May 2018.
---------------------------------------------------------------------------
    Subcommittee on Emergency Preparedness, Response, and 
Communications Chairman Dan Donovan introduced H.R. 4627 on 
December 12, 2017 to ensure S&T is conducting research and 
development to combat emerging terrorist threats, such as 
vehicle attacks. The bill also ensures state and local grant 
recipients can use grant funds to secure public spaces, 
including through the installation of bollards and other target 
hardening activities. H.R. 4627 has three bipartisan cosponsors 
and is supported by the Security Industry Association.

                                Hearings

    The Committee did not hold hearings on H.R. 4627. However, 
the changing nature of the terrorist threat and the need for 
the U.S. Government to adapt to such emerging threats has been 
discussed at a number of Committee hearings in the 115th 
Congress, including at the Committee's April 26th hearing, 
``Strenthening the Safety and Security of Our Nation: The 
President's FY2019 Budget Request for the Department of 
Homeland Security'', at which the Secretary of Homeland 
Security testified.

                        Committee Consideration

    The Committee met on June 6, 2018, to consider H.R. 4627, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by unanimous consent. The 
Committee took the following actions:
    The following amendments were offered:
 An Amendment in the Nature of a Substitute offered by Mr. 
Donovan (#1); was AGREED TO, as amended, by unanimous consent.

 An amendment by Ms. Jackson Lee to the Amendment in the Nature 
of a Substitute (#1A); was AGREED TO by unanimous consent.
     Add at the end a new section entitled ``Sec. 4. Report.''

                            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.4627.

                      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. 
4627, the Shielding Public Spaces from Vehicular Terrorism 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. 4627 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The goals and objectives of H.R. 4627 are to authorize 
expenditures to combat emerging terrorist threats, including 
vehicular attacks.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 4627 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. 4627 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 4627 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 `` 
Shielding Public Spaces from Vehicular Terrorism Act''.

Sec. 2.   Research and Development.

    This section amends Title III of the Homeland Security Act 
of 2002 to include, among the responsibilities of the Under 
Secretary for Science and Technology, conducting research and 
development to combat emerging terrorist threats, such as 
vehicular attacks. The section also includes combatting 
emerging terrorist threats among the criteria used to designate 
S&T University Centers of Excellence.

Sec. 3.   Allowable Uses.

    This section authorizes the use of State Homeland Security 
Grant Program and Urban Area Security Initiative funding to 
address security vulnerabilities of public spaces, including 
through the installation of bollards and other target hardening 
activities. Similar activities have been permitted in yearly 
grant guidance. This section will codify these activities in 
law. In addition, this section includes language to codify 
current Department policy that grant funding may not be used to 
purchase firearms or for training on the use of firearms.

Sec. 4.   Report.

    This section requires the Secretary of Homeland Security to 
submit a report to the Committee on Homeland Security of the 
House of Representatives and Committee on Homeland Security and 
Governmental Affairs of the Senate on the cybersecurity threats 
to driverless vehicles and the threat such vehicles may pose to 
public spaces, including an assessment of the risks associated 
with cyber terrorism and computer-dependent vehicles.

         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 italic, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

           *       *       *       *       *       *       *

SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER SECRETARY FOR 
                    SCIENCE AND TECHNOLOGY.

   The Secretary, acting through the Under Secretary for 
Science and Technology, shall have the responsibility for--
          (1) advising the Secretary regarding research and 
        development efforts and priorities in support of the 
        Department's missions;
          (2) developing, in consultation with other 
        appropriate executive agencies, a national policy and 
        strategic plan for, identifying priorities, goals, 
        objectives and policies for, and coordinating the 
        Federal Government's civilian efforts to identify and 
        develop countermeasures to chemical, biological,, and 
        other emerging terrorist threats, including the 
        development of comprehensive, research-based definable 
        goals for such efforts and development of annual 
        measurable objectives and specific targets to 
        accomplish and evaluate the goals for such efforts;
          (3) supporting the Under Secretary for Intelligence 
        and Analysis and the Assistant Secretary for 
        Infrastructure Protection, by assessing and testing 
        homeland security vulnerabilities and possible threats;
          (4) conducting basic and applied research, 
        development, demonstration, testing, and evaluation 
        activities that are relevant to any or all elements of 
        the Department, through both intramural and extramural 
        programs, except that such responsibility does not 
        extend to human health-related research and development 
        activities;
          (5) establishing priorities for, directing, funding, 
        and conducting national research, development, test and 
        evaluation, and procurement of technology and systems 
        for--
                  (A) preventing the importation of chemical, 
                biological,, and related weapons and material; 
                and
                  (B) detecting, preventing, protecting 
                against, and responding to terrorist attacks;
          (6) establishing a system for transferring homeland 
        security developments or technologies to Federal, 
        State, local government, and private sector entities;
          (7) entering into work agreements, joint 
        sponsorships, contracts, or any other agreements with 
        the Department of Energy regarding the use of the 
        national laboratories or sites and support of the 
        science and technology base at those facilities;
          (8) collaborating with the Secretary of Agriculture 
        and the Attorney General as provided in section 212 of 
        the Agricultural Bioterrorism Protection Act of 2002 (7 
        U.S.C. 8401), as amended by section 1709(b);
          (9) collaborating with the Secretary of Health and 
        Human Services and the Attorney General in determining 
        any new biological agents and toxins that shall be 
        listed as ``select agents'' in Appendix A of part 72 of 
        title 42, Code of Federal Regulations, pursuant to 
        section 351A of the Public Health Service Act (42 
        U.S.C. 262a);
          (10) supporting United States leadership in science 
        and technology;
          (11) establishing and administering the primary 
        research and development activities of the Department, 
        including research and development to combat emerging 
        terrorist threats, such as vehicular attacks, and the 
        long-term research and development needs and 
        capabilities for all elements of the Department;
          (12) coordinating and integrating all research, 
        development, demonstration, testing, and evaluation 
        activities of the Department;
          (13) coordinating with other appropriate executive 
        agencies in developing and carrying out the science and 
        technology agenda of the Department to reduce 
        duplication and identify unmet needs; and
          (14) developing and overseeing the administration of 
        guidelines for merit review of research and development 
        projects throughout the Department, and for the 
        dissemination of research conducted or sponsored by the 
        Department.

           *       *       *       *       *       *       *

SEC. 308. CONDUCT OF RESEARCH, DEVELOPMENT, DEMONSTRATION, TESTING AND 
                    EVALUATION.

  (a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall carry out the 
responsibilities under section 302(4) through both extramural 
and intramural programs.
  (b) Extramural Programs.--
          (1) In general.--The Secretary, acting through the 
        Under Secretary for Science and Technology, shall 
        operate extramural research, development, 
        demonstration, testing, and evaluation programs so as 
        to--
                  (A) ensure that colleges, universities, 
                private research institutes, and companies (and 
                consortia thereof) from as many areas of the 
                United States as practicable participate;
                  (B) ensure that the research funded is of 
                high quality, as determined through merit 
                review processes developed under section 
                302(14); and
                  (C) distribute funds through grants, 
                cooperative agreements, and contracts.
          (2) University-based centers for homeland security.--
                  (A) Designation.--The Secretary, acting 
                through the Under Secretary for Science and 
                Technology, shall designate a university-based 
                center or several university-based centers for 
                homeland security. The purpose of the center or 
                these centers shall be to establish a 
                coordinated, university-based system to enhance 
                the Nation's homeland security.
                  (B) Criteria for designation.--Criteria for 
                the designation of colleges or universities as 
                a center for homeland security, shall include, 
                but are not limited to, demonstrated [expertise 
                in--] expertise in the following:
                          (i) The training of first responders.
                          (ii) Responding to incidents 
                        involving weapons of mass destruction 
                        and biological warfare.
                          (iii) Emergency and diagnostic 
                        medical services.
                          (iv) Chemical, biological, 
                        radiological, and nuclear 
                        countermeasures or detection.
                          (v) Animal and plant health and 
                        diagnostics.
                          (vi) Food safety.
                          (vii) Water and wastewater 
                        operations.
                          (viii) Port and waterway security.
                          (ix) Multi-modal transportation.
                          (x) Information security and 
                        information engineering.
                          (xi) Engineering.
                          (xii) Educational outreach and 
                        technical assistance.
                          (xiii) Border transportation and 
                        security.
                          (xiv) Combatting emerging terrorist 
                        threats, including vehicular attacks.
                          [(xiv)] (xv) The public policy 
                        implications and public dissemination 
                        of homeland security related research 
                        and development.
                  (C) Discretion of secretary.--To the extent 
                that exercising such discretion is in the 
                interest of homeland security, and with respect 
                to the designation of any given university-
                based center for homeland security, the 
                Secretary may except certain criteria as 
                specified in section 308(b)(2)(B) and consider 
                additional criteria beyond those specified in 
                section 308(b)(2)(B). Upon designation of a 
                university-based center for homeland security, 
                the Secretary shall that day publish in the 
                Federal Register the criteria that were 
                excepted or added in the selection process and 
                the justification for the set of criteria that 
                were used for that designation.
                  (D) Report to congress.--The Secretary shall 
                report annually, from the date of enactment, to 
                Congress concerning the implementation of this 
                section. That report shall indicate which 
                center or centers have been designated and how 
                the designation or designations enhance 
                homeland security, as well as report any 
                decisions to revoke or modify such 
                designations.
                  (E) Authorization of appropriations.--There 
                are authorized to be appropriated such sums as 
                may be necessary to carry out this paragraph.
  (c) Intramural Programs.--
          (1) Consultation.--In carrying out the duties under 
        section 302, the Secretary, acting through the Under 
        Secretary for Science and Technology, may draw upon the 
        expertise of any laboratory of the Federal Government, 
        whether operated by a contractor or the Government.
          (2) Laboratories.--The Secretary, acting through the 
        Under Secretary for Science and Technology, may 
        establish a headquarters laboratory for the Department 
        at any laboratory or site and may establish additional 
        laboratory units at other laboratories or sites.
          (3) Criteria for headquarters laboratory.--If the 
        Secretary chooses to establish a headquarters 
        laboratory pursuant to paragraph (2), then the 
        Secretary shall do the following:
                  (A) Establish criteria for the selection of 
                the headquarters laboratory in consultation 
                with the National Academy of Sciences, 
                appropriate Federal agencies, and other 
                experts.
                  (B) Publish the criteria in the Federal 
                Register.
                  (C) Evaluate all appropriate laboratories or 
                sites against the criteria.
                  (D) Select a laboratory or site on the basis 
                of the criteria.
                  (E) Report to the appropriate congressional 
                committees on which laboratory was selected, 
                how the selected laboratory meets the published 
                criteria, and what duties the headquarters 
                laboratory shall perform.
          (4) Limitation on operation of laboratories.--No 
        laboratory shall begin operating as the headquarters 
        laboratory of the Department until at least 30 days 
        after the transmittal of the report required by 
        paragraph (3)(E).

           *       *       *       *       *       *       *

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) addressing security vulnerabilities of public 
        spaces, including through the installation of bollards 
        and other target hardening activities;
          [(11)] (12) 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)] (13) 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)] (14) 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)] (15) 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)] 
                (a)(12), 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.
          (6) Firearms.--
                  (A) In general.--A grant awarded under 
                section 2003 or 2004 may not be used for the 
                provision to any person of a firearm or 
                training in the use of a firearm.
                  (B) No effect on other laws.--Nothing in this 
                paragraph may be construed to preclude or 
                contradict any other provision of law 
                authorizing the provision of firearms or 
                training in the use of firearms.
  (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 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.

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