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[Congressional Bills 109th Congress]
[From the U.S. Government Printing Office]
[S. 21 Reported in Senate (RS)]

                                                       Calendar No. 112
109th CONGRESS
  1st Session
                                 S. 21

                          [Report No. 109-71]

To provide for homeland security grant coordination and simplification, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 25, 2005

Ms. Collins (for herself, Mr. Carper, Mr. Voinovich, Mr. Feingold, Mr. 
 Akaka, Mr. Lieberman, Mr. Coburn, Mr. Chafee, Mr. Dodd, Mr. Coleman, 
and Mr. Pryor) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                              May 24, 2005

               Reported by Ms. Collins, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To provide for homeland security grant coordination and simplification, 
                        and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Homeland Security Grant 
Enhancement Act of 2005''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act, the following definitions shall 
apply:</DELETED>
        <DELETED>    (1) Insular area.--The term ``insular area'' means 
        American Samoa, the Commonwealth of the Northern Mariana 
        Islands, the Commonwealth of Puerto Rico, Guam, and the Virgin 
        Islands.</DELETED>
        <DELETED>    (2) Large high-threat state fund.--The term 
        ``Large High-Threat State Fund'' means the fund containing 
        amounts authorized to be appropriated for States that elect to 
        receive Federal financial assistance through a per capita share 
        of 38.625 percent of the amount appropriated for the State 
        Homeland Security Grant Program.</DELETED>
        <DELETED>    (3) Local government.--The term ``local 
        government'' has the same meaning given that term in section 2 
        of the Homeland Security Act of 2002 (6 U.S.C. 101).</DELETED>
        <DELETED>    (4) Municipal solid waste.--The term ``municipal 
        solid waste'' includes sludge (as defined in section 1004 of 
        the Solid Waste Disposal Act (42 U.S.C. 6903)).</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.</DELETED>
        <DELETED>    (6) State.--The term ``State'' means each of the 
        several States of the United States and the District of 
        Columbia.</DELETED>
        <DELETED>    (7) State homeland security grant program.--The 
        term ``State Homeland Security Grant Program'' means the 
        program receiving 75 percent of the amount appropriated for the 
        Threat-Based Homeland Security Grant Program.</DELETED>
        <DELETED>    (8) Threat-based homeland security grant 
        program.--The term ``Threat-Based Homeland Security Grant 
        Program'' means the program authorized under section 
        6.</DELETED>
        <DELETED>    (9) Urban area security initiative grant 
        program.--The term ``Urban Area Security Initiative Grant 
        Program'' means the program receiving 25 percent of the amount 
        appropriated for the Threat-Based Homeland Security Grant 
        Program.</DELETED>

<DELETED>SEC. 3. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR 
              TRADITIONAL FIRST RESPONDER MISSIONS.</DELETED>

<DELETED>    (a) In General.--This Act shall not be construed to affect 
any authority to award grants under any Federal grant program listed 
under subsection (b), which existed on September 10, 2001, to enhance 
traditional missions of State and local law enforcement, firefighters, 
ports, emergency medical services, or public health missions.</DELETED>
<DELETED>    (b) Programs Included.--The programs referred to in 
subsection (a) are the following:</DELETED>
        <DELETED>    (1) The Firefighter Assistance Program authorized 
        under section 33 of the Federal Fire Prevention and Control Act 
        of 1974 (15 U.S.C. 2229).</DELETED>
        <DELETED>    (2) The Emergency Management Performance Grant 
        Program and the Urban Search and Rescue Grant program 
        authorized under--</DELETED>
                <DELETED>    (A) title VI of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5195 et seq.);</DELETED>
                <DELETED>    (B) the Departments of Veterans Affairs 
                and Housing and Urban Development, and Independent 
                Agencies Appropriations Act, 2000 (Public Law 106-74; 
                113 Stat. 1047 et seq.); and</DELETED>
                <DELETED>    (C) the Earthquake Hazards Reduction Act 
                of 1977 (42 U.S.C. 7701 et seq.).</DELETED>
        <DELETED>    (3) The Edward Byrne Memorial State and Local Law 
        Enforcement Assistance Programs authorized under part E of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3750 et seq.).</DELETED>
        <DELETED>    (4) The Public Safety and Community Policing (COPS 
        ON THE BEAT) Grant Program authorized under part Q of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796dd et seq.).</DELETED>
        <DELETED>    (5) Grant programs under the Public Health Service 
        Act regarding preparedness for bioterrorism and other public 
        health emergencies and the Emergency Response Assistance 
        Program authorized under section 1412 of the Defense Against 
        Weapons of Mass Destruction Act of 1996 (50 U.S.C. 
        2312).</DELETED>

<DELETED>SEC. 4. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE 
              HOMELAND SECURITY GRANT PROGRAMS.</DELETED>

<DELETED>    (a) In General.--Title VIII of the Homeland Security Act 
of 2002 (6 U.S.C. 361 et seq.) is amended by inserting after section 
801 the following:</DELETED>

<DELETED>``SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE 
              HOMELAND SECURITY GRANT PROGRAMS.</DELETED>

<DELETED>    ``(a) Establishment.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary, in coordination 
        with the Attorney General, the Secretary of Health and Human 
        Services, the Secretary of Transportation, the Administrator of 
        the Environmental Protection Agency, and other agencies 
        providing assistance for first responder preparedness, as 
        identified by the President, shall establish the Interagency 
        Committee to Coordinate and Streamline Homeland Security Grant 
        Programs (referred to in this subtitle as the `Interagency 
        Committee').</DELETED>
        <DELETED>    ``(2) Composition.--The Interagency Committee 
        shall be composed of--</DELETED>
                <DELETED>    ``(A) a representative of the 
                Department;</DELETED>
                <DELETED>    ``(B) a representative of the Department 
                of Health and Human Services;</DELETED>
                <DELETED>    ``(C) a representative of the Department 
                of Transportation;</DELETED>
                <DELETED>    ``(D) a representative of the Department 
                of Justice;</DELETED>
                <DELETED>    ``(E) a representative of the 
                Environmental Protection Agency; and</DELETED>
                <DELETED>    ``(F) a representative of any other 
                department or agency determined to be necessary by the 
                President.</DELETED>
        <DELETED>    ``(3) Responsibilities.--The Interagency Committee 
        shall--</DELETED>
                <DELETED>    ``(A) report on findings to the 
                Information Clearinghouse established under section 
                801(d);</DELETED>
                <DELETED>    ``(B) consult with State and local 
                governments and emergency response providers regarding 
                their homeland security needs and 
                capabilities;</DELETED>
                <DELETED>    ``(C) advise the Secretary on the 
                development of performance measures for homeland 
                security grant programs and the national strategy for 
                homeland security;</DELETED>
                <DELETED>    ``(D) compile a list of homeland security 
                assistance programs;</DELETED>
                <DELETED>    ``(E) not later than 1 year after the 
                effective date of the Homeland Security Grant 
                Enhancement Act of 2005--</DELETED>
                        <DELETED>    ``(i) develop a proposal to 
                        coordinate, to the maximum extent practicable, 
                        the planning, reporting, application, and other 
                        guidance documents contained in homeland 
                        security assistance programs to eliminate all 
                        redundant and duplicative requirements; 
                        and</DELETED>
                        <DELETED>    ``(ii) submit the proposal 
                        developed under clause (i) to Congress and the 
                        President.</DELETED>
<DELETED>    ``(b) Administration.--The Department shall provide 
administrative support to the Interagency Committee, which shall 
include--</DELETED>
        <DELETED>    ``(1) scheduling meetings;</DELETED>
        <DELETED>    ``(2) preparing agenda;</DELETED>
        <DELETED>    ``(3) maintaining minutes and records; 
        and</DELETED>
        <DELETED>    ``(4) producing reports.</DELETED>
<DELETED>    ``(c) Chairperson.--The Secretary shall designate a 
chairperson of the Interagency Committee.</DELETED>
<DELETED>    ``(d) Meetings.--The Interagency Committee shall meet--
</DELETED>
        <DELETED>    ``(1) at the call of the Secretary; or</DELETED>
        <DELETED>    ``(2) not less frequently than once every 
        month.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendment.--The table of 
contents for the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 
is amended by inserting after the item relating to section 801 the 
following:</DELETED>

<DELETED>``Sec. 802. Interagency Committee to Coordinate and Streamline 
                            Homeland Security Grant Programs.''.

<DELETED>SEC. 5. STREAMLINING FEDERAL HOMELAND SECURITY 
              GRANTS.</DELETED>

<DELETED>    (a) Director of State and Local Government Coordination 
and Preparedness.--Section 801(a) of the Homeland Security Act of 2002 
(6 U.S.C. 361(a)) is amended to read as follows:</DELETED>
<DELETED>    ``(a) Establishment.--</DELETED>
        <DELETED>    ``(1) In general.--There is established within the 
        Office of the Secretary the Office for State and Local 
        Government Coordination and Preparedness, which shall oversee 
        and coordinate departmental programs for, and relationships 
        with, State and local governments.</DELETED>
        <DELETED>    ``(2) Executive director.--The Office established 
        under paragraph (1) shall be headed by the Executive Director 
        of State and Local Government Coordination and Preparedness, 
        who shall be appointed by the President, by and with the advice 
        and consent of the Senate.''.</DELETED>
<DELETED>    (b) Office for Domestic Preparedness.--The Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--</DELETED>
        <DELETED>    (1) by redesignating section 430 as section 803 
        and transferring that section to the end of subtitle A of title 
        VIII, as amended by section 4; and</DELETED>
        <DELETED>    (2) in section 803, as redesignated by paragraph 
        (1)--</DELETED>
                <DELETED>    (A) in subsection (a), by striking ``the 
                Directorate of Border and Transportation Security'' and 
                inserting ``the Office for State and Local Government 
                Coordination and Preparedness'';</DELETED>
                <DELETED>    (B) in subsection (b), by striking ``who 
                shall be appointed by the President'' and all that 
                follows and inserting ``who shall report directly to 
                the Executive Director of State and Local Government 
                Coordination and Preparedness.'';</DELETED>
                <DELETED>    (C) in subsection (c)--</DELETED>
                        <DELETED>    (i) in paragraph (7)--</DELETED>
                                <DELETED>    (I) by striking ``other'' 
                                and inserting ``the'';</DELETED>
                                <DELETED>    (II) by striking 
                                ``consistent with the mission and 
                                functions of the Directorate''; 
                                and</DELETED>
                                <DELETED>    (III) by striking ``and'' 
                                at the end; and</DELETED>
                        <DELETED>    (ii) in paragraph (8)--</DELETED>
                                <DELETED>    (I) by inserting 
                                ``carrying out'' before ``those 
                                elements''; and</DELETED>
                                <DELETED>    (II) by striking ``and'' 
                                at the end;</DELETED>
                        <DELETED>    (iii) in paragraph (9), by 
                        striking the period at the end and inserting 
                        ``; and''; and</DELETED>
                        <DELETED>    (iv) by adding at the end the 
                        following:</DELETED>
        <DELETED>    ``(10) managing the Homeland Security Information 
        Clearinghouse established under section 801(d).'';</DELETED>
                <DELETED>    (D) by redesignating subsection (d) as 
                subsection (e); and</DELETED>
                <DELETED>    (E) by inserting after subsection (c) the 
                following:</DELETED>
<DELETED>    ``(d) Training and Exercises Office Within the Office for 
Domestic Preparedness.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall create 
        within the Office for Domestic Preparedness an internal office 
        that shall be the proponent for all national domestic 
        preparedness, training, education, and exercises within the 
        Office for State and Local Government Coordination.</DELETED>
        <DELETED>    ``(2) Office head.--The Secretary shall select an 
        individual with recognized expertise in first-responder 
        training and exercises to head the office, and such person 
        shall report directly to the Director of the Office of Domestic 
        Preparedness.''.</DELETED>
<DELETED>    (c) Technical and Conforming Amendments.--The table of 
contents for the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 
is amended--</DELETED>
        <DELETED>    (1) by striking the item relating to section 
        430;</DELETED>
        <DELETED>    (2) by amending the item relating to section 801 
        to read as follows:</DELETED>

<DELETED>``Sec. 801. Office of State and Local Government Coordination 
                            and Preparedness.'';
        <DELETED>and</DELETED>
        <DELETED>    (3) by inserting after the item relating to 
        section 802, as added by this Act, the following:</DELETED>

<DELETED>``Sec. 803. Office for Domestic Preparedness.''.
<DELETED>    (d) Establishment of Homeland Security Information 
Clearinghouse.--Section 801 of the Homeland Security Act of 2002 (6 
U.S.C. 361), as amended by subsection (a), is further amended by adding 
at the end the following:</DELETED>
<DELETED>    ``(d) Homeland Security Information Clearinghouse.--
</DELETED>
        <DELETED>    ``(1) Establishment.--There is established within 
        the Office for State and Local Government Coordination a 
        Homeland Security Information Clearinghouse (referred to in 
        this section as the `Clearinghouse'), which shall assist 
        States, local governments, and first responders in accordance 
        with paragraphs (2) through (5).</DELETED>
        <DELETED>    ``(2) Homeland security grant information.--The 
        Clearinghouse shall create a new website or enhance an existing 
        website, establish a toll-free number, and produce a single 
        publication that each contain information regarding the 
        homeland security grant programs identified under section 
        802(a)(4).</DELETED>
        <DELETED>    ``(3) Technical assistance.--The Clearinghouse, in 
        consultation with the Interagency Committee established under 
        section 802, shall provide information regarding--</DELETED>
                <DELETED>    ``(A) technical assistance provided by any 
                Federal agency to States and local governments to 
                conduct threat analyses and vulnerability assessments; 
                and</DELETED>
                <DELETED>    ``(B) templates for conducting threat 
                analyses and vulnerability assessments.</DELETED>
        <DELETED>    ``(4) Best practices.--The Clearinghouse shall 
        work with States, local governments, emergency response 
        providers and the National Domestic Preparedness Consortium, 
        and private organizations to gather, validate, and disseminate 
        information regarding successful State and local homeland 
        security programs and practices.</DELETED>
        <DELETED>    ``(5) Use of federal funds.--The Clearinghouse 
        shall compile information regarding equipment, training, and 
        other services purchased with Federal funds provided under the 
        homeland security grant programs identified under section 
        802(a)(4), and make such information, and information regarding 
        voluntary standards of training, equipment, and exercises, 
        available to States, local governments, and first 
        responders.</DELETED>
        <DELETED>    ``(6) Other information.--The Clearinghouse shall 
        provide States, local governments, and first responders with 
        any other information that the Secretary determines 
        necessary.''.</DELETED>

<DELETED>SEC. 6. THREAT-BASED HOMELAND SECURITY GRANT 
              PROGRAM.</DELETED>

<DELETED>    (a) Grants Authorized.--The Secretary may award grants to 
States and local governments to enhance homeland security.</DELETED>
<DELETED>    (b) Use of Funds.--</DELETED>
        <DELETED>    (1) In general.--Grants awarded under subsection 
        (a)--</DELETED>
                <DELETED>    (A) shall be used to address homeland 
                security matters related to acts of terrorism or major 
                disasters and related capacity building; and</DELETED>
                <DELETED>    (B) shall not be used to supplant ongoing 
                first responder expenses or general protective 
                measures.</DELETED>
        <DELETED>    (2) Allowable uses.--Grants awarded under 
        subsection (a) may be used to--</DELETED>
                <DELETED>    (A) develop State plans or risk 
                assessments (including the development of the homeland 
                security plan) to respond to terrorist attacks and 
                strengthen all hazards emergency planning and community 
                wide plans for responding to terrorist or all hazards 
                emergency events that are coordinated with the 
                capacities of applicable Federal, State, and local 
                governments, first responders, and State and local 
                government health agencies;</DELETED>
                <DELETED>    (B) develop State, regional, or local 
                mutual aid agreements;</DELETED>
                <DELETED>    (C) purchase or upgrade equipment based on 
                State and local needs as identified under a State 
                homeland security plan;</DELETED>
                <DELETED>    (D) conduct exercises to strengthen 
                emergency preparedness of State and local first 
                responders including law enforcement, firefighting 
                personnel, and emergency medical service workers, and 
                other emergency responders identified in a State 
                homeland security plan;</DELETED>
                <DELETED>    (E) pay for overtime expenses relating 
                to--</DELETED>
                        <DELETED>    (i) training activities consistent 
                        with the goals outlined in a State homeland 
                        security plan;</DELETED>
                        <DELETED>    (ii) as determined by the 
                        Secretary, activities relating to an increase 
                        in the threat level under the Homeland Security 
                        Advisory System; and</DELETED>
                        <DELETED>    (iii) any other activity relating 
                        to the State Homeland Security Strategy, and 
                        approved by the Secretary;</DELETED>
                <DELETED>    (F) promote training regarding homeland 
                security preparedness including--</DELETED>
                        <DELETED>    (i) emergency preparedness 
                        responses to a use or threatened use of a 
                        weapon of mass destruction; and</DELETED>
                        <DELETED>    (ii) training in the use of 
                        equipment, including detection, monitoring, and 
                        decontamination equipment, and personal 
                        protective gear; and</DELETED>
                <DELETED>    (G) conduct any activity permitted under 
                the Law Enforcement Terrorism Prevention Grant 
                Program.</DELETED>
        <DELETED>    (3) Prohibited uses.--</DELETED>
                <DELETED>    (A) Construction.--Grants awarded under 
                subsection (a) may not be used to construct buildings 
                or other physical facilities, except those described in 
                section 611 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5196) and 
                approved by the Secretary in the homeland security plan 
                certified under subsection (d), or to acquire 
                land.</DELETED>
                <DELETED>    (B) Cost sharing.--Grant funds provided 
                under this section shall not be used for any State or 
                local government cost sharing contribution request 
                under this section.</DELETED>
<DELETED>    (c) Application.--</DELETED>
        <DELETED>    (1) Submission.--A State may apply for a grant 
        under this section by submitting to the Secretary an 
        application at such time, and in such manner, and containing 
        such information the Secretary may reasonably 
        require.</DELETED>
        <DELETED>    (2) Revisions.--A State may revise a homeland 
        security plan certified under subsection (d) at the time an 
        application is submitted under paragraph (1) after receiving 
        approval from the Secretary.</DELETED>
        <DELETED>    (3) Approval.--The Secretary shall not award a 
        grant under this section unless the application submitted by 
        the State includes a homeland security plan meeting the 
        requirements of subsection (d).</DELETED>
        <DELETED>    (4) Release of funds.--The Secretary shall release 
        grant funds to States with approved plans after the approval of 
        an application submitted under this subsection.</DELETED>
<DELETED>    (d) Homeland Security Plan.--</DELETED>
        <DELETED>    (1) In general.--An application submitted under 
        subsection (c) shall include a certification that the State has 
        prepared a 3-year State homeland security plan (referred to in 
        this subsection as the ``plan'') to respond to terrorist 
        attacks and strengthen all hazards emergency planning that has 
        been approved by the Secretary.</DELETED>
        <DELETED>    (2) Contents.--The plan shall contain measurable 
        goals and objectives that--</DELETED>
                <DELETED>    (A) establish a 3-year strategy to set 
                priorities for the allocation of funding to political 
                subdivisions based on the risk, capabilities, and needs 
                described under paragraph (3)(C);</DELETED>
                <DELETED>    (B) provide for interoperable 
                communications;</DELETED>
                <DELETED>    (C) provide for local coordination of 
                response and recovery efforts, including procedures for 
                effective incident command in conformance with the 
                National Incident Management System;</DELETED>
                <DELETED>    (D) ensure that first responders and other 
                emergency personnel have adequate training and 
                appropriate equipment for the threats that may 
                occur;</DELETED>
                <DELETED>    (E) provide for improved coordination and 
                collaboration among police, fire, and public health 
                authorities at State and local levels;</DELETED>
                <DELETED>    (F) coordinate emergency response and 
                public health plans;</DELETED>
                <DELETED>    (G) mitigate risks to critical 
                infrastructure that may be vulnerable to terrorist 
                attacks;</DELETED>
                <DELETED>    (H) promote regional coordination among 
                contiguous local governments;</DELETED>
                <DELETED>    (I) identify necessary protective measures 
                by private owners of critical infrastructure;</DELETED>
                <DELETED>    (J) promote orderly evacuation procedures 
                when necessary;</DELETED>
                <DELETED>    (K) ensure support from the public health 
                community for measures needed to prevent, detect and 
                treat bioterrorism, and radiological and chemical 
                incidents;</DELETED>
                <DELETED>    (L) increase the number of local 
                jurisdictions participating in local and statewide 
                exercises;</DELETED>
                <DELETED>    (M) meet preparedness goals as determined 
                by the Secretary; and</DELETED>
                <DELETED>    (N) include a report from the relevant 
                advisory committee established under paragraph (3)(D) 
                that documents the areas of support, disagreement, or 
                recommended changes to the plan before its submission 
                to the Secretary.</DELETED>
        <DELETED>    (3) Development process.--</DELETED>
                <DELETED>    (A) In general.--In preparing the plan 
                under this section, a State shall--</DELETED>
                        <DELETED>    (i) provide for the consideration 
                        of all homeland security needs;</DELETED>
                        <DELETED>    (ii) follow a process that is 
                        continuing, inclusive, cooperative, and 
                        comprehensive, as appropriate; and</DELETED>
                        <DELETED>    (iii) coordinate the development 
                        of the plan with the homeland security planning 
                        activities of local governments.</DELETED>
                <DELETED>    (B) Coordination with local planning 
                activities.--The coordination under subparagraph 
                (A)(iii) shall contain input from local stakeholders, 
                including--</DELETED>
                        <DELETED>    (i) local officials, including 
                        representatives of rural, high-population, and 
                        high-threat jurisdictions;</DELETED>
                        <DELETED>    (ii) first responders and 
                        emergency response providers; and</DELETED>
                        <DELETED>    (iii) private sector companies, 
                        such as railroads and chemical 
                        manufacturers.</DELETED>
                <DELETED>    (C) Scope of planning.--Each State 
                preparing a plan under this section shall, in 
                conjunction with the local stakeholders under 
                subparagraph (B), address all the information requested 
                by the Secretary, and complete a comprehensive 
                assessment of--</DELETED>
                        <DELETED>    (i) risk, including a--</DELETED>
                                <DELETED>    (I) vulnerability 
                                assessment;</DELETED>
                                <DELETED>    (II) threat assessment; 
                                and</DELETED>
                                <DELETED>    (III) public health 
                                assessment, in coordination with the 
                                State bioterrorism plan; and</DELETED>
                        <DELETED>    (ii) capabilities and needs, 
                        including--</DELETED>
                                <DELETED>    (I) an evaluation of 
                                current preparedness, mitigation, and 
                                response capabilities based on such 
                                assessment mechanisms as shall be 
                                determined by the Secretary;</DELETED>
                                <DELETED>    (II) an evaluation of 
                                capabilities needed to address the 
                                risks described under clause (i); 
                                and</DELETED>
                                <DELETED>    (III) an assessment of the 
                                shortfall between the capabilities 
                                described under subclause (I) and the 
                                required capabilities described under 
                                subclause (II).</DELETED>
                <DELETED>    (D) Advisory committee.--</DELETED>
                        <DELETED>    (i) In general.--Each State 
                        preparing a plan under this section shall 
                        establish an advisory committee to receive 
                        comments from the public and the local 
                        stakeholders identified under subparagraph 
                        (B).</DELETED>
                        <DELETED>    (ii) Composition.--The Advisory 
                        Committee shall include local officials, local 
                        first responders, and emergency response 
                        providers that are representative of the 
                        counties, cities, and towns within the State, 
                        and which shall include representatives of 
                        rural, high-population, and high-threat 
                        jurisdictions.</DELETED>
        <DELETED>    (4) Plan approval.--The Secretary shall approve a 
        plan upon finding that the plan meets the requirements of--
        </DELETED>
                <DELETED>    (A) paragraphs (2) and (3);</DELETED>
                <DELETED>    (B) the interim performance measurements 
                under subsection (g)(1), or the national performance 
                standards under subsection (g)(2); and</DELETED>
                <DELETED>    (C) any other criteria the Secretary 
                determines necessary to the approval of a State 
                plan.</DELETED>
        <DELETED>    (5) Review of advisory committee report.--The 
        Secretary shall review the recommendations of the advisory 
        committee report incorporated into a plan under subsection 
        (d)(2)(N), including any dissenting views submitted by advisory 
        committee members, to ensure cooperation and coordination 
        between local and State jurisdictions in planning the use of 
        grant funds under this section.</DELETED>
<DELETED>    (e) Tentative Allocation.--</DELETED>
        <DELETED>    (1) Urban area security initiative grant 
        program.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall 
                allocate 25 percent of the funds appropriated under the 
                Threat-Based Homeland Security Grant Program for 
                discretionary grants to be provided directly to local 
                governments, including multistate entities established 
                by a compact between 2 or more States, in high threat 
                areas, as determined by the Secretary based on the 
                criteria under subparagraph (B).</DELETED>
                <DELETED>    (B) Criteria.--The Secretary shall ensure 
                that each local government receiving a grant under this 
                paragraph--</DELETED>
                        <DELETED>    (i) has a large population or high 
                        population density;</DELETED>
                        <DELETED>    (ii) has a high degree of threat, 
                        risk, and vulnerability related to critical 
                        infrastructure or not less than 1 key asset 
                        identified by the Secretary or State homeland 
                        security plan;</DELETED>
                        <DELETED>    (iii) has an international border 
                        with Canada or Mexico, or coastline bordering 
                        international waters of Canada, Mexico, or 
                        bordering the Atlantic Ocean, the Pacific 
                        Ocean, or the Gulf of Mexico; or</DELETED>
                        <DELETED>    (iv) are subject to other threat 
                        factors specified in writing by the 
                        Secretary.</DELETED>
                <DELETED>    (C) Consistency.--Any grant awarded under 
                this paragraph shall be used to supplement and support, 
                in a consistent and coordinated manner, those 
                activities and objectives described under subsection 
                (b) or a State homeland security plan.</DELETED>
                <DELETED>    (D) Coordination.--The Secretary shall 
                ensure that any grants made under this paragraph 
                encourage multiple contiguous units of local government 
                and mutual aid partners to coordinate any homeland 
                security activities.</DELETED>
        <DELETED>    (2) State homeland security grant program.--
        </DELETED>
                <DELETED>    (A) States.--Each State whose application 
                is approved under subsection (c) shall receive, for 
                each fiscal year, the greater of--</DELETED>
                        <DELETED>    (i) 0.75 percent of the amounts 
                        appropriated for the State Homeland Security 
                        Grant Program; or</DELETED>
                        <DELETED>    (ii) the State's per capita share, 
                        as defined by the 2002 census population 
                        estimate, of 38.625 percent of the State 
                        Homeland Security Grant Program.</DELETED>
                <DELETED>    (B) Insular areas.--Each insular area 
                shall receive, for each fiscal year, the greater of--
                </DELETED>
                        <DELETED>    (i) 0.075 percent of the amounts 
                        appropriated for the State Homeland Security 
                        Grant Program; or</DELETED>
                        <DELETED>    (ii) the insular area's per capita 
                        share, as defined by the 2002 census population 
                        estimate, of 38.625 percent of the State 
                        Homeland Security Grant Program.</DELETED>
        <DELETED>    (3) Secondary distribution.--After the 
        distribution of funds under paragraph (2), the Secretary shall, 
        from the remaining funds for the State Homeland Security Grant 
        Program and 10.8 percent of the amount appropriated for the 
        Threat-Based Homeland Security Grant Program pursuant to 
        subsection (j)(1), distribute amounts to each State that--
        </DELETED>
                <DELETED>    (A) has a substantial percentage of its 
                population residing in Metropolitan Statistical Areas, 
                as defined by the Office of Management and 
                Budget;</DELETED>
                <DELETED>    (B) has a high degree of threat, risk, and 
                vulnerability related to critical infrastructure or not 
                less than 1 key asset identified by the Secretary or 
                State homeland security plan;</DELETED>
                <DELETED>    (C) has an international border with 
                Canada or Mexico, or coastline bordering international 
                waters of Canada, Mexico, or bordering the Atlantic 
                Ocean, the Pacific Ocean, or the Gulf of Mexico; 
                or</DELETED>
                <DELETED>    (D) are subject to other threat factors 
                specified in writing by the Secretary.</DELETED>
        <DELETED>    (4) Distribution of funds.--If the amounts 
        tentatively allocated under paragraphs (1) through (3) equal 
        the sum of the amounts appropriated pursuant to subsection (j), 
        the Secretary shall distribute the appropriated amounts based 
        on the tentative allocation.</DELETED>
        <DELETED>    (5) Proportional reduction.--If the amount 
        appropriated for the Large High-Threat State Fund pursuant to 
        subsection (j)(2) is less than 10.8 percent of the amount 
        appropriated for the Threat-Based Homeland Security Grant 
        Program pursuant to subsection (j)(1), the Secretary shall 
        proportionately reduce the amounts tentatively allocated under 
        paragraphs (1) through (3) so that the amount distributed is 
        equal to the sum of the amounts appropriated for such 
        programs.</DELETED>
        <DELETED>    (6) Funding for local entities and first 
        responders.--The Secretary shall require recipients of the 
        State Homeland Security Grant to provide local governments and 
        first responders, consistent with the applicable State homeland 
        security plan, with not less than 80 percent of the grant 
        funds, the resources purchased with such grant funds, or a 
        combination thereof, not later than 60 days after receiving 
        grant funding.</DELETED>
        <DELETED>    (7) Supplement not supplant.--Amounts appropriated 
        for grants under this subsection shall be used to supplement 
        and not supplant other State and local public funds obligated 
        for the purposes provided under this Act.</DELETED>
        <DELETED>    (8) Law enforcement terrorism prevention 
        program.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall 
                designate not more than 25 percent of the amounts 
                allocated through the State Homeland Security Grant 
                Program to be used for the Law Enforcement Terrorism 
                Prevention Program to provide grants to law enforcement 
                agencies to enhance capabilities for terrorism 
                prevention.</DELETED>
                <DELETED>    (B) Use of funds.--Grants awarded under 
                this paragraph may be used for--</DELETED>
                        <DELETED>    (i) information sharing to preempt 
                        terrorist attacks;</DELETED>
                        <DELETED>    (ii) target hardening to reduce 
                        the vulnerability of selected high value 
                        targets;</DELETED>
                        <DELETED>    (iii) threat recognition to 
                        recognize the potential or development of a 
                        threat;</DELETED>
                        <DELETED>    (iv) intervention activities to 
                        interdict terrorists before they can execute a 
                        threat;</DELETED>
                        <DELETED>    (v) interoperable communication 
                        systems;</DELETED>
                        <DELETED>    (vi) overtime expenses related to 
                        the State Homeland Security Strategy approved 
                        by the Secretary; and</DELETED>
                        <DELETED>    (vii) any other terrorism 
                        prevention activity authorized by the 
                        Secretary.</DELETED>
<DELETED>    (f) Report on Homeland Security Spending.--Each recipient 
of a grant under this section shall annually submit a report to the 
Secretary that contains--</DELETED>
        <DELETED>    (1) an accounting of the amount of State and local 
        funds spent on homeland security activities under the 
        applicable State homeland security plan; and</DELETED>
        <DELETED>    (2) information regarding the use of grant funds 
        by units of local government as required by the 
        Secretary.</DELETED>
<DELETED>    (g) Accountability.--</DELETED>
        <DELETED>    (1) Interim performance measures.--</DELETED>
                <DELETED>    (A) In general.--Before establishing 
                performance standards under paragraph (2), the 
                Secretary shall assist each State in establishing 
                interim performance measures based upon--</DELETED>
                        <DELETED>    (i) the goals and objectives under 
                        subsection (d)(2); and</DELETED>
                        <DELETED>    (ii) any other factors determined 
                        by the Secretary.</DELETED>
                <DELETED>    (B) Annual report.--Before establishing 
                performance measures under paragraph (2), each State 
                with an approved State plan shall submit to the 
                Secretary a report detailing the progress the State has 
                made in meeting the interim performance measures 
                established under subparagraph (A).</DELETED>
        <DELETED>    (2) National performance standards.--</DELETED>
                <DELETED>    (A) In general.--Not later than 1 year 
                after the date of enactment of this Act, the Secretary 
                shall set national performance standards based in part 
                on the goals and objectives under subsection (d)(2) and 
                any other factors the Secretary determines 
                relevant.</DELETED>
                <DELETED>    (B) Compliance.--The Secretary shall 
                ensure that State plans are in conformance with the 
                standards set under subparagraph (A).</DELETED>
                <DELETED>    (C) Annual report.--After the 
                establishment of performance standards under 
                subparagraph (A), each State with an approved State 
                homeland security plan shall submit to the Secretary a 
                report on the progress the State has made in meeting 
                such standards.</DELETED>
        <DELETED>    (3) General accounting office access to 
        information.--Each recipient of a grant under this section and 
        the Department of Homeland Security shall provide the General 
        Accounting Office with full access to information regarding the 
        activities carried out under this section.</DELETED>
        <DELETED>    (4) Audit.--Grant recipients that expend $500,000 
        or more in Federal funds during any fiscal year shall submit to 
        the Secretary an organization wide financial and compliance 
        audit report in conformance with the requirements of chapter 75 
        of title 31, United States Code.</DELETED>
<DELETED>    (h) Remedies for Non-Compliance.--</DELETED>
        <DELETED>    (1) In general.--If the Secretary finds, after 
        reasonable notice and an opportunity for a hearing, that a 
        recipient of a grant under this section has failed to 
        substantially comply with any provision of this section, the 
        Secretary shall--</DELETED>
                <DELETED>    (A) terminate any payment of grant funds 
                to be made to the recipient under this 
                section;</DELETED>
                <DELETED>    (B) reduce the amount of payment of grant 
                funds to the recipient by an amount equal to the amount 
                of grants funds that were not expended by the recipient 
                in accordance with this section; or</DELETED>
                <DELETED>    (C) limit the use of grant funds received 
                under this section to programs, projects, or activities 
                not affected by the failure to comply.</DELETED>
        <DELETED>    (2) Duration of penalty.--The Secretary shall 
        apply an appropriate penalty under paragraph (1) until such 
        time as the Secretary determines that the grant recipient is in 
        full compliance with this section.</DELETED>
        <DELETED>    (3) Direct funding.--If a State fails to 
        substantially comply with any provision of this section, 
        including failing to provide local governments with grant funds 
        or resources purchased with grant funds in a timely fashion, a 
        local government entitled to receive such grant funds or 
        resources may petition the Secretary, at such time and in such 
        manner as determined by the Secretary, to request that grant 
        funds or resources be provided directly to the local 
        government.</DELETED>
<DELETED>    (i) Reports to Congress.--The Secretary shall submit an 
annual report to Congress that provides--</DELETED>
        <DELETED>    (1) findings relating to the performance standards 
        established under subsection (g);</DELETED>
        <DELETED>    (2) the status of preparedness goals and 
        objectives;</DELETED>
        <DELETED>    (3) an evaluation of how States and local 
        governments are meeting preparedness goals and 
        objectives;</DELETED>
        <DELETED>    (4) the total amount of resources provided to the 
        States;</DELETED>
        <DELETED>    (5) the total amount of resources provided to 
        units of local government; and</DELETED>
        <DELETED>    (6) a list of how these resources were 
        expended.</DELETED>
<DELETED>    (j) Authorization of Appropriations.--</DELETED>
        <DELETED>    (1) Threat-based homeland security grant 
        program.--There are authorized to be appropriated such sums as 
        are necessary to carry out this section.</DELETED>
        <DELETED>    (2) Large high-threat state fund.--There are 
        authorized to be appropriated 10.8 percent of the funds 
        appropriated in any fiscal year pursuant to paragraph (1), 
        which shall be used to carry out the Large High-Threat State 
        Fund.</DELETED>

<DELETED>SEC. 7. ELIMINATING HOMELAND SECURITY FRAUD, WASTE, AND 
              ABUSE.</DELETED>

<DELETED>    (a) Annual General Accounting Office Audit and Report.--
</DELETED>
        <DELETED>    (1) Audit.--The Comptroller General of the United 
        States shall conduct an annual audit of the Threat Based 
        Homeland Security Grant Program</DELETED>
        <DELETED>    (2) Report.--The Comptroller General of the United 
        States shall provide a report to Congress on the results of the 
        audit conducted under paragraph (1), which includes--</DELETED>
                <DELETED>    (A) an analysis of whether the grant 
                recipients allocated funding consistent with the State 
                homeland security plan and the guidelines established 
                by the Department of Homeland Security; and</DELETED>
                <DELETED>    (B) the amount of funding devoted to 
                overtime and administrative expenses.</DELETED>
<DELETED>    (b) Reviews of Threat-based Homeland Security Funding.--
The Secretary, through the appropriate agency, shall conduct periodic 
reviews of grants made through the Threat Based Homeland Security Grant 
Program to ensure that recipients allocate funds consistent with the 
guidelines established by the Department of Homeland 
Security.</DELETED>
<DELETED>    (c) Remedies for Non-compliance.--If the Secretary 
determines, after reasonable notice and an opportunity for a hearing, 
that a recipient of a Threat Based Homeland Security Grant has failed 
to substantially comply with any regulations or guidelines issues by 
the Department regarding eligible expenditures, the Secretary shall--
</DELETED>
        <DELETED>    (1) terminate any payment of grant funds scheduled 
        to be made to the recipient;</DELETED>
        <DELETED>    (2) reduce the amount of payment of grant finds to 
        the recipient by an amount equal to the amount of grant funds 
        that were not expended by the recipient in accordance with such 
        guidelines; or</DELETED>
        <DELETED>    (3) limit the use of grant funds received under 
        the Threat Based Homeland Security Grant Program to programs, 
        projects, or activities not affected by the failure to 
        comply.</DELETED>
<DELETED>    (d) Duration of Penalty.--The Secretary shall apply an 
appropriate penalty under subsection (c) until such time as the 
Secretary determines that the grant recipient is in full compliance 
with the guidelines established by the Department of Homeland 
Security.</DELETED>

<DELETED>SEC. 8. FLEXIBILITY IN UNSPENT HOMELAND SECURITY 
              FUNDS.</DELETED>

<DELETED>    (a) Reallocation of Funds.--The Director of the Office for 
Domestic Preparedness, Department of Homeland Security, shall allow any 
State to request approval to reallocate funds received pursuant to 
appropriations for the State Homeland Security Grant Program under 
Public Laws 105-277 (112 Stat. 2681 et seq.), 106-113 (113 Stat. 1501A-
3 et seq.), 106-553 (114 Stat. 2762A-3 et seq.), 107-77 (115 Stat. 78 
et seq.), or the Consolidated Appropriations Resolution of 2003 (Public 
Law 108-7), among the 4 categories of equipment, training, exercises, 
and planning.</DELETED>
<DELETED>    (b) Approval of Reallocation Requests.--The Director shall 
approve reallocation requests under subsection (a) in accordance with 
the State plan and any other relevant factors that the Secretary 
determines to be necessary.</DELETED>
<DELETED>    (c) Limitation.--A waiver under this section shall not 
affect the obligation of a State to pass through 80 percent of the 
amount appropriated for equipment to units of local 
government.</DELETED>

<DELETED>SEC. 9. CERTIFICATION RELATIVE TO THE SCREENING OF MUNICIPAL 
              SOLID WASTE TRANSPORTED INTO THE UNITED STATES.</DELETED>

<DELETED>    The Secretary shall deny entry into the United States of 
any commercial motor vehicle (as defined in section 31101(1) of title 
49, United States Code) carrying municipal solid waste unless and until 
the Secretary certifies to Congress that the methodologies and 
technologies used by the Bureau of Customs and Border Protection of the 
Department of Homeland Security to screen for and detect the presence 
of chemical, nuclear, biological, and radiological weapons in such 
waste are as effective as the methodologies and technologies used by 
the Bureau to screen for such materials in other items of commerce 
entering into the United States by commercial motor vehicle 
transport.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeland Security Grant Enhancement 
Act of 2005''.

SEC. 2. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE HOMELAND 
              SECURITY GRANT PROGRAMS.

    (a) In General.--Title VIII of the Homeland Security Act of 2002 (6 
U.S.C. 361 et seq.) is amended by inserting after section 801 the 
following:

``SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE HOMELAND 
              SECURITY GRANT PROGRAMS.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary, in coordination with the 
        Attorney General, the Secretary of Health and Human Services, 
        the Secretary of Transportation, the Administrator of the 
        Environmental Protection Agency, and other agencies providing 
        assistance for emergency response provider preparedness, as 
        identified by the President, shall establish the Interagency 
        Committee to Coordinate and Streamline Homeland Security Grant 
        Programs (referred to in this subtitle as the `Interagency 
        Committee').
            ``(2) Composition.--The Interagency Committee shall be 
        composed of--
                    ``(A) at least 2 representatives of the Department, 
                including a representative of the United States Fire 
                Administration;
                    ``(B) a representative of the Department of Health 
                and Human Services;
                    ``(C) a representative of the Department of 
                Transportation;
                    ``(D) a representative of the Department of 
                Justice;
                    ``(E) a representative of the Environmental 
                Protection Agency; and
                    ``(F) a representative of any other department or 
                agency determined to be necessary by the President.
            ``(3) Responsibilities.--The Interagency Committee shall--
                    ``(A) provide any findings to the Information 
                Clearinghouse established under section 801(c);
                    ``(B) consult with State and local governments and 
                emergency response providers regarding their homeland 
                security needs and capabilities;
                    ``(C) advise the Secretary on the development of 
                performance measures for homeland security and other 
                first responder assistance programs;
                    ``(D) compile a list of homeland security and other 
                first responder assistance programs;
                    ``(E) not later than 1 year after the date of 
                enactment of the Homeland Security Grant Enhancement 
                Act of 2005--
                            ``(i) develop a proposal to coordinate, to 
                        the maximum extent practicable, the planning, 
                        reporting, application, and other guidance 
                        documents contained in homeland security 
                        assistance programs to--
                                    ``(I) eliminate all redundant and 
                                duplicative requirements;
                                    ``(II) ensure accountability of the 
                                programs to the intended purposes of 
                                such programs; and
                                    ``(III) coordinate expenditures of 
                                grant funds to avoid duplicative or 
                                inconsistent purchases; and
                            ``(ii) submit the proposal developed under 
                        clause (i) to--
                                    ``(I) the President;
                                    ``(II) the Committee on Homeland 
                                Security and Governmental Affairs of 
                                the Senate; and
                                    ``(III) the Committee on Homeland 
                                Security of the House of 
                                Representatives; and
                    ``(F) otherwise promote the coordination of 
                homeland security grant programs throughout the Federal 
                government.
    ``(b) Administration.--The Department shall provide administrative 
support to the Interagency Committee, which shall include--
            ``(1) scheduling meetings;
            ``(2) preparing agenda;
            ``(3) maintaining minutes and records; and
            ``(4) producing reports.
    ``(c) Chairperson.--The Secretary shall designate a chairperson of 
the Interagency Committee.
    ``(d) Meetings.--The Interagency Committee shall meet--
            ``(1) at the call of the Secretary; or
            ``(2) not less frequently than once every month.''.
    (b) Technical and Conforming Amendment.--The table of contents for 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 801 the following:

``Sec. 802. Interagency Committee to Coordinate and Streamline Homeland 
                            Security Grant Programs.''.

SEC. 3. STREAMLINING FEDERAL HOMELAND SECURITY GRANT ADMINISTRATION.

    (a) Director of State and Local Government Coordination and 
Preparedness.--Section 801(a) of the Homeland Security Act of 2002 (6 
U.S.C. 361(a)) is amended to read as follows:
    ``(a) Establishment.--
            ``(1) In general.--There is established within the Office 
        of the Secretary the Office for State and Local Government 
        Coordination and Preparedness, which shall oversee and 
        coordinate departmental programs for, and relationships with, 
        State and local governments.
            ``(2) Executive director.--The Office established under 
        paragraph (1) shall be headed by the Executive Director of 
        State and Local Government Coordination and Preparedness, who 
        shall be appointed by the President, by and with the advice and 
        consent of the Senate.''.
    (b) Office for Domestic Preparedness.--The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended--
            (1) by redesignating section 430 as section 803 and 
        transferring that section to the end of subtitle A of title 
        VIII, as amended by section 2; and
            (2) in section 803, as redesignated by paragraph (1)--
                    (A) in subsection (a), by striking ``the 
                Directorate of Border and Transportation Security'' and 
                inserting ``the Office for State and Local Government 
                Coordination and Preparedness'';
                    (B) in subsection (b), by striking ``who shall be 
                appointed by the President'' and all that follows and 
                inserting ``who shall report directly to the Executive 
                Director of State and Local Government Coordination and 
                Preparedness.''; and
                    (C) in subsection (c)--
                            (i) in paragraph (7)--
                                    (I) by striking ``other'' and 
                                inserting ``the''; and
                                    (II) by striking ``consistent with 
                                the mission and functions of the 
                                Directorate'';
                            (ii) in paragraph (8)--
                                    (I) by inserting ``carrying out'' 
                                before ``those elements''; and
                                    (II) by striking ``and'' at the 
                                end;
                            (iii) in paragraph (9), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
            ``(10) managing the Homeland Security Information 
        Clearinghouse established under section 801(c).''.
    (c) Technical and Conforming Amendments.--
            (1) Table of contents.--The table of contents for the 
        Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
        amended--
                    (A) by striking the item relating to section 430;
                    (B) by amending the item relating to section 801 to 
                read as follows:

``Sec. 801. Office of State and Local Government Coordination and 
                            Preparedness.'';
                and
                    (C) by inserting after the item relating to section 
                802, as added by this Act, the following:

``Sec. 803. Office for Domestic Preparedness.''.
            (2) Section heading.--Section 801 of the Homeland Security 
        Act of 2002 (6 U.S.C. 361) is amended by striking the section 
        heading and inserting the following:

``SEC. 801. OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION AND 
              PREPAREDNESS.''.

    (d) Establishment of Homeland Security Information Clearinghouse.--
Section 801 of the Homeland Security Act of 2002 (6 U.S.C. 361), as 
amended by subsection (a), is further amended by adding at the end the 
following:
    ``(c) Homeland Security Information Clearinghouse.--
            ``(1) Establishment.--There is established within the 
        Office for State and Local Government Coordination and 
        Preparedness a Homeland Security Information Clearinghouse 
        (referred to in this section as the `Clearinghouse'), which 
        shall assist States, local governments, and emergency response 
        providers in accordance with paragraphs (2) through (6).
            ``(2) Homeland security grant information.--The 
        Clearinghouse shall create a new website or enhance an existing 
        website, establish a toll-free number, and produce a single 
        publication that each contain information regarding the 
        homeland security grant programs administered by the 
        Department.
            ``(3) Technical assistance.--The Clearinghouse, in 
        consultation with the Interagency Committee established under 
        section 802, shall provide information regarding technical 
        assistance provided by any Federal agency to States and local 
        governments relating to homeland security matters, including 
        templates for conducting threat analyses and vulnerability 
        assessments.
            ``(4) Best practices.--The Clearinghouse shall work with 
        States, local governments, emergency response providers, the 
        National Domestic Preparedness Consortium, the National 
        Memorial Institute for the Prevention of Terrorism, and private 
        organizations to gather, validate, and disseminate information 
        regarding successful State and local homeland security programs 
        and practices.
            ``(5) Use of federal funds.--The Clearinghouse shall 
        compile information regarding equipment, training, and other 
        services that can be purchased with Federal funds provided 
        under homeland security grant programs and make such 
        information, and information regarding voluntary standards of 
        training, equipment, and exercises, available to States, local 
        governments, and emergency response providers.
            ``(6) Other information.--The Clearinghouse shall provide 
        States, local governments, and emergency response providers 
        with any other information that the Secretary determines 
        necessary.''.

SEC. 4. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS AND THREAT-BASED 
              HOMELAND SECURITY GRANT PROGRAM.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by adding at the end the following:

 ``TITLE XVIII--ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS AND THREAT-
                 BASED HOMELAND SECURITY GRANT PROGRAM

``SEC. 1801. DEFINITIONS.

    ``In this title, the following definitions shall apply:
            ``(1) Eligible metropolitan region.--The term `eligible 
        metropolitan region' means the following:
                    ``(A) In general.--A combination of 2 or more 
                incorporated municipalities, counties, parishes, or 
                Indian tribes within a metropolitan region that 
                includes the city in that metropolitan region with the 
                largest population. Such eligible metropolitan region 
                may include additional local governments outside the 
                metropolitan region that are likely to be affected by, 
                or be called upon to respond to, a terrorist attack or 
                other catastrophic event within the metropolitan 
                region.
                    ``(B) Other combinations.--Any other combination of 
                contiguous local governments that are formally 
                certified by the Secretary as an eligible metropolitan 
                region for purposes of this title with the consent of 
                the State or States in which such local governments are 
                located.
            ``(2) Essential capabilities.--The term `essential 
        capabilities' means the levels, availability, and competence of 
        emergency personnel, planning, training, and equipment across a 
        variety of disciplines needed to effectively and efficiently 
        prevent, prepare for, and respond to threatened or actual 
        domestic terrorist attacks and other catastrophic events.
            ``(3) Indian tribe.--The term `Indian tribe' means an 
        entity described under section 2(10)(B).
            ``(4) Metropolitan region.--The term `metropolitan region' 
        means--
                    ``(A) any of the 100 largest metropolitan 
                statistical areas in the United States, as defined by 
                the Office of Management and Budget; or
                    ``(B) any combined statistical area, as defined by 
                the Office of Management and Budget, of which any 
                metropolitan statistical area covered by subparagraph 
                (A) is a part.
            ``(5) Population.--The term `population' means population 
        according to the most recent United States census population 
        estimates available at the start of the relevant fiscal year.
            ``(6) Population density.--The term `population density' 
        means population divided by land area in square miles.
            ``(7) Sliding scale baseline allocation.--The term `sliding 
        scale baseline allocation' means 0.001 multiplied by the sum 
        of--
                    ``(A) the value of a State's population relative to 
                that of the most populous of the 50 States of the 
                United States, where the population of such States has 
                been normalized to a maximum value of 100; and
                    ``(B) one-fourth of the value of a State's 
                population density relative to that of the most densely 
                populated of the 50 States of the United States, where 
                the population density of such States has been 
                normalized to a maximum value of 100.
            ``(8) Threat-based homeland security grant program.--The 
        term `Threat-Based Homeland Security Grant Program' means the 
        program established under section 1804.

``SEC. 1802. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR TRADITIONAL 
              FIRST RESPONDER MISSIONS.

    ``(a) In General.--This title shall not be construed to affect any 
authority to award grants under any Federal grant program listed under 
subsection (b), which existed on September 10, 2001, to enhance 
traditional missions of State and local law enforcement, firefighters, 
ports, emergency medical services, or public health missions.
    ``(b) Programs Not Affected.--The programs referred to in 
subsection (a) are the following:
            ``(1) The Firefighter Assistance Program authorized under 
        section 33 of the Federal Fire Prevention and Control Act of 
        1974 (15 U.S.C. 2229) and programs under section 34 of that Act 
        (15 U.S.C. 2229a).
            ``(2) All grant programs authorized under the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.), including the Emergency Management 
        Performance Grant Program and the Urban Search and Rescue Grant 
        program.
            ``(3) The Justice Assistance Grants authorized under part E 
        of title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3750 et seq.) (commonly known as the Edward 
        Byrne Memorial State and Local Law Enforcement Assistance 
        Programs).
            ``(4) The Public Safety and Community Policing (COPS ON THE 
        BEAT) Grant Program authorized under part Q of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796dd et seq.).
            ``(5) Grant programs under the Public Health Service Act 
        regarding preparedness for bioterrorism and other public health 
        emergencies and the Emergency Response Assistance Program 
        authorized under section 1412 of the Defense Against Weapons of 
        Mass Destruction Act of 1996 (50 U.S.C. 2312).

``SEC. 1803. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.

    ``(a) Establishment of Essential Capabilities.--
            ``(1) In general.--Building upon the national preparedness 
        guidance issued by the Secretary, the Secretary shall establish 
        clearly defined essential capabilities for State and local 
        governments, in consultation with--
                    ``(A) the Task Force on Essential Capabilities for 
                First Responders established under subsection (d);
                    ``(B) the Under Secretaries for Emergency 
                Preparedness and Response (including representatives of 
                the United States Fire Administration), Border and 
                Transportation Security, Information Analysis and 
                Infrastructure Protection, and Science and Technology, 
                and the Executive Director of the Office for State and 
                Local Government Coordination and Preparedness;
                    ``(C) the Secretary of Health and Human Services;
                    ``(D) other appropriate Federal agencies;
                    ``(E) State and local emergency response providers;
                    ``(F) State and local officials; and
                    ``(G) consensus-based standard making organizations 
                responsible for setting standards relevant to the first 
                responder community.
            ``(2) Deadlines.--The Secretary shall--
                    ``(A) establish essential capabilities under 
                paragraph (1) within 30 days after receipt of the first 
                report under subsection (d)(3); and
                    ``(B) regularly update such essential capabilities 
                as necessary, but not less than every 3 years.
            ``(3) Provision of essential capabilities.--The Secretary 
        shall ensure that a detailed description of the essential 
        capabilities established under paragraph (1) is provided 
        promptly to the States and to Congress. The States shall make 
        the description of the essential capabilities available as 
        appropriate to local governments within their jurisdictions.
    ``(b) Objectives.--The Secretary shall ensure that essential 
capabilities established under subsection (a)(1) meet the following 
objectives:
            ``(1) Specificity.--The determination of essential 
        capabilities shall describe specifically the training, 
        planning, personnel, and equipment that different types of 
        communities in the Nation should possess, or to which they 
        should have access, in order to meet the Department's goals for 
        preparedness based upon--
                    ``(A) the national preparedness goal, the target 
                capabilities list, and the national preparedness 
                guidance;
                    ``(B) the most current risk assessment available by 
                the Directorate for Information Analysis and 
                Infrastructure Protection of the threats of terrorism 
                against the United States;
                    ``(C) the risks faced by different types of 
                communities, including communities of various sizes, 
                geographies, and other distinguishing characteristics; 
                and
                    ``(D) the principles of regional coordination and 
                mutual aid among State and local governments.
            ``(2) Flexibility.--The establishment of essential 
        capabilities shall be sufficiently flexible to allow State and 
        local government officials to set priorities based on local or 
        regional needs, while reaching nationally determined 
        preparedness levels within a specified time period.
            ``(3) Measurability.--The establishment of essential 
        capabilities shall be designed to enable measurement of 
        progress toward specific terrorism preparedness goals.
            ``(4) Comprehensiveness.--The determination of essential 
        capabilities shall be made within the context of a 
        comprehensive State emergency management system.
    ``(c) Factors To Be Considered.--In establishing essential 
capabilities for different types of communities under subsection 
(a)(1), the Secretary specifically shall consider the variables of 
threat, vulnerability, and consequences with respect to population 
(including transient commuting and tourist populations), areas of high 
population density, critical infrastructure, coastline, and 
international borders. Such consideration shall be based upon the most 
current risk assessment available by the Directorate for Information 
Analysis and Infrastructure Protection of the threats of terrorism 
against the United States and the needs described in the national 
preparedness guidance and the target capabilities list.
    ``(d) Task Force on Essential Capabilities for First Responders.--
            ``(1) Establishment.--
                    ``(A) In general.--To assist the Secretary in 
                establishing essential capabilities under subsection 
                (a)(1), the Secretary shall establish an advisory body 
                under section 871(a) not later than 60 days after the 
                date of enactment of this section, which shall be known 
                as the Task Force on Essential Capabilities for First 
                Responders.
                    ``(B) Termination.--Notwithstanding section 871(b), 
                the Task Force shall terminate 5 years after the date 
                of its establishment, unless the Secretary makes a 
                written determination to extend the Task Force to a 
                specified date, which shall not be more than 5 years 
                after the date on which such determination is made. The 
                Secretary may make any number of subsequent extensions 
                consistent with this subsection.
            ``(2) Public comment.--Not later than 90 days after the 
        date of enactment of this section, the Task Force shall solicit 
        comment on the establishment of essential capabilities for 
        State and local government preparedness.
            ``(3) Report.--
                    ``(A) In general.--Not later than 9 months after 
                the establishment of the Task Force by the Secretary, 
                and every 3 years thereafter, the Task Force shall 
                submit to the Secretary a report on its recommendations 
                for essential capabilities for preparedness for 
                terrorism.
                    ``(B) Contents.--Each report shall--
                            ``(i) provide a thorough assessment of the 
                        national preparedness guidance and target 
                        capabilities list and recommendations for 
                        revisions;
                            ``(ii) include a priority ranking of 
                        essential capabilities in order to provide 
                        guidance to the Secretary and to Congress on 
                        determining the appropriate allocation of, and 
                        funding levels for, first responder needs;
                            ``(iii) set forth a methodology by which 
                        any State or local government will be able to 
                        determine the extent to which it possesses or 
                        has access to the essential capabilities that 
                        States and local governments having similar 
                        risks should obtain; and
                            ``(iv) describe the availability of 
                        national voluntary consensus standards, and 
                        whether there is a need for new national 
                        voluntary consensus standards, with respect to 
                        first responder training and equipment.
                    ``(C) Comprehensiveness.--The Task Force shall 
                ensure that, when recommending essential capabilities 
                for terrorism preparedness, such recommendations are 
                made within the context of a comprehensive State 
                emergency management system.
            ``(4) Membership.--
                    ``(A) In general.--The Task Force shall consist of 
                25 members appointed by the Secretary, and shall, to 
                the extent practicable, represent a geographic and 
                substantive cross section of first responder 
                disciplines from the State and local government levels, 
                including as appropriate--
                            ``(i) members selected from the emergency 
                        response field, including fire service and law 
                        enforcement, hazardous materials response, 
                        emergency medical services, and emergency 
                        management personnel;
                            ``(ii) health scientists, emergency and 
                        inpatient medical providers, and public health 
                        professionals, including experts in emergency 
                        health care response to chemical, biological, 
                        radiological, and nuclear terrorism, and 
                        experts in providing mental health care during 
                        emergency response operations;
                            ``(iii) experts from Federal, State, and 
                        local governments, and the private sector, 
                        representing standards-setting organizations, 
                        including representatives from the voluntary 
                        consensus codes and standards development 
                        community, particularly those with expertise in 
                        first responder disciplines; and
                            ``(iv) State and local officials with 
                        expertise in terrorism preparedness and other 
                        emergency preparedness.
                    ``(B) Coordination with the department of health 
                and human services.--In the selection of members of the 
                Task Force who are health professionals, including 
                emergency medical professionals, the Secretary shall 
                coordinate the selection with the Secretary of Health 
                and Human Services.
                    ``(C) Ex officio members.--The Secretary shall 
                designate 1 or more officers of the Department to serve 
                as ex officio members of the Task Force. One of the ex 
                officio members from the Department shall be the 
                designated officer of the Federal Government for 
                purposes of subsection (e) of section 10 of the Federal 
                Advisory Committee Act (5 U.S.C. App.).
            ``(5) Applicability of federal advisory committee act.--
        Notwithstanding section 871(a), the Federal Advisory Committee 
        Act (5 U.S.C. App.), including subsections (a), (b), and (d) of 
        section 10 of the Federal Advisory Committee Act, and section 
        552b(c) of title 5, United States Code, shall apply to the Task 
        Force.

``SEC. 1804. THREAT-BASED HOMELAND SECURITY GRANT PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--There is established the Threat-Based 
        Homeland Security Grant Program, which includes--
                    ``(A) formula-based grants for State and local 
                programs administered by the Office of State and Local 
                Government Coordination and Preparedness, including the 
                State Homeland Security Grant Program, and the Law 
                Enforcement Terrorism Prevention Program under section 
                1014 of the USA PATRIOT ACT (42 U.S.C. 3714);
                    ``(B) discretionary grants for State and local 
                programs administered by the Office of State and Local 
                Government Coordination and Preparedness for use in 
                high-threat, high-density urban areas, including the 
                Urban Area Security Initiative Program; and
                    ``(C) any successor program to any program 
                described in subparagraph (A) or (B).
            ``(2) Grants authorized.--The Secretary may award grants to 
        States and eligible metropolitan regions under the Threat-Based 
        Homeland Security Grant Program to enhance homeland security.
            ``(3) Relationship to other laws.--The Threat-Based 
        Homeland Security Grant Program shall be deemed to satisfy the 
        requirements of section 1014 of the USA PATRIOT ACT (42 U.S.C. 
        3714). The allocation of grants authorized under this section 
        shall be governed by the terms of this section and not by any 
        other provision of law.
    ``(b) Use of Funds.--
            ``(1) In general.--Grants awarded under this section--
                    ``(A) shall be used to address homeland security 
                matters related to acts of terrorism or catastrophic 
                events, related capacity building, or otherwise 
                addressing shortfalls in essential capabilities; and
                    ``(B) shall not be used to supplant ongoing 
                emergency response expenses or general protective 
                measures.
            ``(2) Allowable uses.--Grants awarded under this section 
        may be used to achieve essential capabilities through--
                    ``(A) developing State or regional plans or risk 
                assessments (including the development of the homeland 
                security plan under subsection (e)) to respond to 
                terrorist attacks or other catastrophic events and 
                community wide plans for responding to terrorist or 
                catastrophic events that are coordinated with the 
                capacities of applicable Federal, State, and local 
                governments, emergency response providers, and State 
                and local government health agencies;
                    ``(B) developing State, regional, or local mutual 
                aid agreements;
                    ``(C) purchasing, upgrading, storing, or 
                maintaining equipment based on State and local needs as 
                identified under a State homeland security plan, 
                consistent with essential capability needs;
                    ``(D) conducting exercises to strengthen emergency 
                preparedness of State and local first responders 
                including law enforcement, firefighting personnel, and 
                emergency medical service workers, and other emergency 
                responders identified in a State homeland security 
                plan;
                    ``(E) paying for expenses relating to--
                            ``(i) overtime regarding training 
                        activities consistent with the goals outlined 
                        in a State homeland security plan; and
                            ``(ii) as determined by the Secretary, 
                        overtime activities relating to an increase in 
                        the threat level under the Homeland Security 
                        Advisory System;
                    ``(F) promoting training relating to homeland 
                security preparedness including--
                            ``(i) emergency preparedness responses to a 
                        use or threatened use of a weapon of mass 
                        destruction; and
                            ``(ii) training in the use of equipment, 
                        including detection, monitoring, and 
                        decontamination equipment, and personal 
                        protective gear;
                    ``(G) conducting any activity permitted under the 
                Law Enforcement Terrorism Prevention Grant Program 
                under section 1014 of the USA PATRIOT ACT (42 U.S.C. 
                3714); and
                    ``(H) any other activity relating to achieving 
                essential capabilities approved by the Secretary.
            ``(3) Prohibited uses.--Grants awarded under this section 
        may not be used to construct buildings or other physical 
        facilities, except those described in section 611 of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5196) and approved by the Secretary in the homeland 
        security plan certified under subsection (e), or to acquire 
        land.
    ``(c) Equipment Standards.--If an applicant for a grant under this 
section proposes to upgrade or purchase, with assistance provided under 
the grant, new equipment or systems that do not meet or exceed any 
applicable national voluntary consensus standards established by the 
Secretary under section 1807(a), the applicant shall include in the 
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.
    ``(d) Application.--
            ``(1) States.--
                    ``(A) Submission.--A State may apply for a grant 
                under this section by submitting to the Secretary an 
                application detailing how requested funds would be used 
                to achieve essential capabilities and containing such 
                other information the Secretary may reasonably require.
                    ``(B) Revisions.--A State may revise a homeland 
                security plan certified under subsection (e) at the 
                time an application is submitted under subparagraph (A) 
                after receiving approval from the Secretary.
                    ``(C) Approval.--The Secretary shall not award a 
                grant under this section unless--
                            ``(i) the State submitting the application 
                        has previously submitted a homeland security 
                        plan meeting the requirements of subsection 
                        (e); and
                            ``(ii) the Secretary finds that the report 
                        submitted by the recipient under subsection (g) 
                        demonstrates satisfactory progress toward 
                        achieving essential capabilities.
                    ``(D) Release of funds.--The Secretary shall 
                release grant funds to States with approved plans after 
                the approval of an application submitted under this 
                paragraph.
            ``(2) Eligible metropolitan regions.--
                    ``(A) Submission.--An eligible metropolitan region 
                may apply for a grant under this section by submitting 
                an application through the Governor of each State 
                within which any part of the relevant metropolitan 
                region is located.
                    ``(B) Contents.--An application under this 
                paragraph shall include--
                            ``(i) a description of how requested funds 
                        would be used to achieve essential 
                        capabilities;
                            ``(ii) an explanation of how the proposed 
                        use of funds would be consistent with the 
                        homeland security plans of all relevant States;
                            ``(iii) a geographic description of the 
                        eligible metropolitan region, including a list 
                        of all local governments participating in the 
                        application;
                            ``(iv) an explanation of how the applicant 
                        intends to expend funds under the grant, to 
                        administer such funds, and to allocate such 
                        funds among the participating local 
                        governments;
                            ``(v) if not all of the incorporated 
                        municipalities, counties, parishes, or Indian 
                        tribes in a metropolitan region are 
                        participating in the application, or if 
                        additional local governments outside the 
                        metropolitan region are participating, an 
                        explanation of why the eligible metropolitan 
                        region, as constituted, is an appropriate unit 
                        to receive grants to prevent, prepare for, and 
                        respond to acts of terrorism and other 
                        catastrophic events; and
                            ``(vi) such other information the Secretary 
                        may reasonably require.
                    ``(C) State review and submission.--
                            ``(i) In general.--To ensure consistency 
                        with State homeland security plans, an eligible 
                        metropolitan region applying for a grant under 
                        this paragraph shall submit its application to 
                        each State within which any part of the 
                        eligible metropolitan region is located for 
                        review before submission of such application to 
                        the Secretary.
                            ``(ii) Deadline.--Not later than 30 days 
                        after receiving an application from an eligible 
                        metropolitan region, each such State shall 
                        transmit the application to the Secretary.
                            ``(iii) State disagreement.--If the 
                        Governor of any such State determines that a 
                        regional application is inconsistent with the 
                        State homeland security plan of that State, or 
                        otherwise does not support the application, the 
                        Governor shall--
                                    ``(I) notify the Secretary, in 
                                writing, of that fact; and
                                    ``(II) provide an explanation of 
                                the reasons for not supporting the 
                                application at the time of transmission 
                                of the application.
    ``(e) Homeland Security Plan.--
            ``(1) In general.--A State applying for a grant under this 
        section shall have a 3-year State homeland security plan 
        (referred to in this subsection as the `plan') to respond to 
        terrorist attacks and other catastrophic events that has been 
        approved by the Secretary.
            ``(2) Contents.--The plan shall contain--
                    ``(A) a 3-year strategy to--
                            ``(i) ensure that the funds allocated to 
                        local governments are used exclusively to meet 
                        the needs and capabilities described under 
                        paragraph (3)(C);
                            ``(ii) provide for interoperable 
                        communications;
                            ``(iii) provide for local coordination of 
                        response and recovery efforts, including 
                        procedures for effective incident command in 
                        conformance with the National Incident 
                        Management System;
                            ``(iv) ensure that first responders and 
                        other emergency personnel have adequate 
                        training and appropriate equipment for the 
                        threats that may occur;
                            ``(v) provide for improved coordination and 
                        collaboration among law enforcement, fire, and 
                        public health authorities at Federal, State, 
                        local, and tribal government levels;
                            ``(vi) coordinate emergency response and 
                        public health plans;
                            ``(vii) mitigate risks to critical 
                        infrastructure that may be vulnerable to 
                        terrorist attacks;
                            ``(viii) promote regional coordination 
                        among contiguous local governments;
                            ``(ix) identify necessary protective 
                        measures by private owners of critical 
                        infrastructure;
                            ``(x) promote orderly evacuation procedures 
                        when necessary;
                            ``(xi) ensure support from the public 
                        health community for measures needed to 
                        prevent, detect, and treat bioterrorism, and 
                        radiological and chemical incidents;
                            ``(xii) increase the number of local 
                        jurisdictions participating in local and 
                        statewide exercises; and
                            ``(xiii) meet preparedness goals as 
                        determined by the Secretary;
                    ``(B) objective measures for assessing the extent 
                to which the goals and objectives set forth in 
                paragraph (A) have been achieved;
                    ``(C) priorities for the allocation of funding to 
                local governments based on the risk, capabilities, and 
                needs described under paragraph (3)(C); and
                    ``(D) a report from the relevant advisory committee 
                established under paragraph (3)(D) that documents the 
                areas of support, disagreement, or recommended changes 
                to the plan before its submission to the Secretary.
            ``(3) Development process.--
                    ``(A) In general.--In preparing the plan under this 
                section, a State shall--
                            ``(i) provide for the consideration of all 
                        homeland security needs;
                            ``(ii) follow a process that is continuing, 
                        inclusive, cooperative, and comprehensive, as 
                        appropriate; and
                            ``(iii) coordinate the development of the 
                        plan with the homeland security planning 
                        activities of local governments.
                    ``(B) Coordination with local planning 
                activities.--The coordination under subparagraph 
                (A)(iii) shall contain input from local stakeholders, 
                including--
                            ``(i) local officials, including 
                        representatives of rural, high-population, and 
                        high-threat jurisdictions and of Indian tribes;
                            ``(ii) emergency response providers; and
                            ``(iii) private sector companies that own 
                        or operate critical infrastructure.
                    ``(C) Scope of planning.--Each State preparing a 
                plan under this section shall, in conjunction with the 
                local stakeholders under subparagraph (B), address all 
                the information requested by the Secretary, and 
                complete a comprehensive assessment of--
                            ``(i) risk, including a--
                                    ``(I) vulnerability and consequence 
                                assessment;
                                    ``(II) threat assessment; and
                                    ``(III) public health assessment, 
                                in coordination with the State 
                                bioterrorism plan; and
                            ``(ii) capabilities and needs, consistent 
                        with the essential capabilities established by 
                        the Secretary, including--
                                    ``(I) an evaluation of current 
                                preparedness, mitigation, and response 
                                capabilities based on such assessment 
                                mechanisms as shall be determined by 
                                the Secretary;
                                    ``(II) an evaluation of 
                                capabilities needed to address the 
                                risks described under clause (i); and
                                    ``(III) an assessment of the 
                                shortfall between the capabilities 
                                described under subclause (I) and the 
                                required capabilities described under 
                                subclause (II).
                    ``(D) Advisory committee.--
                            ``(i) In general.--Each State preparing a 
                        plan under this section shall establish an 
                        advisory committee to receive comments from the 
                        public and the local stakeholders identified 
                        under subparagraph (B).
                            ``(ii) Composition.--
                                    ``(I) In general.--The Advisory 
                                Committee shall include--
                                            ``(aa) local officials; and
                                            ``(bb) emergency response 
                                        providers, which shall include 
                                        representatives of the fire 
                                        service, law enforcement, 
                                        emergency medical response, and 
                                        emergency managers.
                                    ``(II) Geographic representation.--
                                The members of the Advisory Committee 
                                shall be a representative group of 
                                individuals from the counties, cities, 
                                towns, and Indian tribes within the 
                                State, including representatives of 
                                rural, high-population, and high-threat 
                                jurisdictions.
            ``(4) Plan approval.--The Secretary shall approve a plan 
        upon finding that the plan meets the requirements of--
                    ``(A) paragraphs (2) and (3); and
                    ``(B) any other criteria the Secretary determines 
                necessary to the approval of a State plan.
            ``(5) Review of advisory committee report.--The Secretary 
        shall review the recommendations of the advisory committee 
        report incorporated into a plan under subsection (e)(2)(D), 
        including any dissenting views submitted by advisory committee 
        members, to ensure cooperation and coordination between State 
        and local government jurisdictions in planning for the use of 
        grant funds under this section.
    ``(f) Allocation.--
            ``(1) Sliding scale baseline distribution.--
                    ``(A) States.--Each State whose application is 
                approved under subsection (d) shall receive, for each 
                fiscal year, the greater of--
                            ``(i) 0.55 percent of the amounts 
                        appropriated for the Threat-Based Homeland 
                        Security Grant Program; or
                            ``(ii) the State's sliding scale baseline 
                        allocation of 28.62 percent of the amounts 
                        appropriated for the Threat-Based Homeland 
                        Security Grant Program.
                    ``(B) Other entities.--Notwithstanding subparagraph 
                (A)--
                            ``(i) the District of Columbia shall 
                        receive for each fiscal year 0.55 percent of 
                        the amounts appropriated for the Threat-Based 
                        Homeland Security Grant Program;
                            ``(ii) the Commonwealth of Puerto Rico 
                        shall receive for each fiscal year 0.35 percent 
                        of the amounts appropriated for the Threat-
                        Based Homeland Security Grant Program;
                            ``(iii) American Samoa, the Commonwealth of 
                        the Northern Mariana Islands, Guam, and the 
                        Virgin Islands shall each receive 0.055 percent 
                        of the amounts appropriated for the Threat-
                        Based Homeland Security Grant Program; and
                            ``(iv) no possession of the United States 
                        shall receive a baseline distribution under 
                        subparagraph (A).
            ``(2) Urban area security initiative distribution.--
                    ``(A) In general.--After the distribution under 
                paragraph (1), the Secretary may allocate up to 50 
                percent of the funds remaining to provide grants to 
                eligible metropolitan regions.
                    ``(B) Criteria.--
                            ``(i) In general.--The Secretary shall 
                        allocate the grants under this paragraph to 
                        assist eligible metropolitan regions to achieve 
                        essential capabilities to effectively prevent, 
                        prepare for, and respond to acts of terrorism 
                        or other catastrophic events.
                            ``(ii) Prioritization.--In prioritizing 
                        among the applications of eligible metropolitan 
                        regions for such funds, the Secretary shall 
                        consider the relative threat, vulnerability, 
                        and consequences faced by an eligible 
                        metropolitan region from a terrorist attack, 
                        including consideration of--
                                    ``(I) whether there has been a 
                                prior terrorist attack in the eligible 
                                metropolitan region;
                                    ``(II) whether any part of the 
                                eligible metropolitan region has ever 
                                had a higher threat level under the 
                                Homeland Security Advisory System than 
                                the threat level for the United States 
                                as a whole;
                                    ``(III) the population of the 
                                eligible metropolitan region, except 
                                that the Secretary shall not establish 
                                a minimum population requirement that 
                                would disqualify from consideration a 
                                locality that otherwise faces 
                                significant threats, vulnerabilities, 
                                or consequences from acts of terrorism;
                                    ``(IV) the population density of 
                                the eligible metropolitan region;
                                    ``(V) the degree of threat, 
                                vulnerability, and consequence to the 
                                eligible metropolitan region related to 
                                critical infrastructure or key assets 
                                identified by the Secretary or State 
                                homeland security plan, including 
                                threats, vulnerabilities, and 
                                consequences from critical 
                                infrastructure in nearby jurisdictions;
                                    ``(VI) whether the eligible 
                                metropolitan region is at or near an 
                                international border;
                                    ``(VII) whether the eligible 
                                metropolitan region has a coastline 
                                bordering ocean or international 
                                waters;
                                    ``(VIII) threats, vulnerabilities, 
                                and consequences faced by the eligible 
                                metropolitan region related to at-risk 
                                sites or activities in nearby 
                                jurisdictions, including the need to 
                                respond to terrorist attacks arising in 
                                those jurisdictions;
                                    ``(IX) the extent to which the 
                                eligible metropolitan region has unmet 
                                essential capabilities;
                                    ``(X) the extent to which the 
                                application of the eligible 
                                metropolitan region includes all 
                                incorporated municipalities, counties, 
                                parishes, and Indian tribes within the 
                                relevant metropolitan region; and
                                    ``(XI) such other factors as are 
                                specified in writing by the Secretary.
                    ``(C) Distribution of awards to metropolitan 
                regions.--
                            ``(i) In general.--If the Secretary 
                        approves the application of an eligible 
                        metropolitan region for a grant under this 
                        section, the Secretary shall distribute the 
                        regional grant funds to the State or States in 
                        which the eligible metropolitan region is 
                        located.
                            ``(ii) State distribution of funds.--Each 
                        State shall provide the eligible metropolitan 
                        region not less than 80 percent of the grant 
                        funds. Any funds retained by a State shall be 
                        expended on items or services approved by the 
                        Secretary and that benefit the eligible 
                        metropolitan region.
                            ``(iii) Multistate regions.--If parts of an 
                        eligible metropolitan region awarded a grant 
                        are located in 2 or more States, the Secretary 
                        shall distribute to each such State a portion 
                        of the grant funds in proportion to that 
                        State's share of the population of the eligible 
                        metropolitan region, unless the Governors of 
                        each State (or in the case of the District of 
                        Columbia, the Mayor) agree otherwise.
            ``(3) Threat-based distribution to states.--
                    ``(A) In general.--After the distribution of funds 
                under paragraphs (1) and (2), the Secretary shall, from 
                the remaining funds for the Threat-Based Homeland 
                Security Grant Program, distribute amounts to each 
                State to assist that State in achieving essential 
                capabilities to effectively prevent, prepare for, and 
                respond to acts of terrorism and other catastrophic 
                events.
                    ``(B) Prioritization.--In prioritizing among State 
                applications for such funds, the Secretary shall--
                            ``(i) consider the relative threat, 
                        vulnerability, and consequences faced by a 
                        State from a terrorist attack, including 
                        consideration of--
                                    ``(I) whether there has been a 
                                prior terrorist attack in a 
                                metropolitan region that is wholly or 
                                partly in the State, or in the State 
                                itself;
                                    ``(II) whether any part of the 
                                State has ever had a higher threat 
                                level under the Homeland Security 
                                Advisory System than the threat level 
                                for the United States as a whole;
                                    ``(III) the percent of a State's 
                                population residing in metropolitan 
                                statistical areas, as defined by the 
                                Office of Management and Budget;
                                    ``(IV) the degree of threat, 
                                vulnerability, and consequence related 
                                to critical infrastructure or key 
                                assets identified by the Secretary or 
                                State homeland security plan;
                                    ``(V) whether the State has an 
                                international border;
                                    ``(VI) whether the State has a 
                                coastline bordering ocean or 
                                international waters;
                                    ``(VII) threats, vulnerabilities, 
                                and consequences faced by a State 
                                related to at-risk sites or activities 
                                in adjacent States, including the need 
                                to respond to terrorist attacks arising 
                                in adjacent States;
                                    ``(VIII) the extent to which the 
                                State has unmet essential capabilities; 
                                and
                                    ``(IX) such other factors as are 
                                specified in writing by the Secretary; 
                                and
                            ``(ii) balance the goal of ensuring that 
                        the essential capabilities of the highest-risk 
                        areas are achieved quickly and the goal of 
                        ensuring that basic levels of preparedness, as 
                        measured by the attainment of essential 
                        capabilities, are achieved nationwide.
            ``(4) Funding for local governments and first responders.--
                    ``(A) In general.--The Secretary shall require 
                recipients of the sliding scale baseline distribution 
                and the threat-based distribution to States to make 
                available to local governments and emergency response 
                providers, consistent with the applicable State 
                homeland security plan, not less than 80 percent of the 
                grant funds, the resources purchased with such grant 
                funds, or a combination thereof, not later than 60 days 
                after receiving grant funding.
                    ``(B) Indian tribes.--States shall be responsible 
                for allocating Federal resources to tribal communities 
                in order to help those tribal communities achieve 
                essential capabilities. Indian tribes shall be eligible 
                for funding directly from the States, and shall not be 
                required to seek funding from any local government.
                    ``(C) Exception.--Subparagraph (A) shall not apply 
                to the District of Columbia, the Commonwealth of Puerto 
                Rico, American Samoa, the Commonwealth of the Northern 
                Mariana Islands, Guam, and the Virgin Islands.
            ``(5) Supplement not supplant.--Amounts appropriated for 
        grants under this subsection shall be used to supplement and 
        not supplant other State and local government public funds 
        obligated for the purposes provided under this title.
            ``(6) Law enforcement terrorism prevention program.--
                    ``(A) In general.--The Secretary shall designate 
                not more than 25 percent of the amounts authorized 
                under this section to be used for the Law Enforcement 
                Terrorism Prevention Program under section 1014 of the 
                USA PATRIOT ACT (42 U.S.C. 3714) to provide grants to 
                law enforcement agencies to enhance capabilities for 
                terrorism prevention.
                    ``(B) Use of funds.--Notwithstanding subsection 
                (b), grants awarded under this paragraph may be used 
                for--
                            ``(i) information sharing to preempt 
                        terrorist attacks;
                            ``(ii) target hardening to reduce the 
                        vulnerability of selected high value targets;
                            ``(iii) threat recognition to recognize the 
                        potential or development of a threat;
                            ``(iv) intervention activities to interdict 
                        terrorists before they can execute a threat;
                            ``(v) interoperable communication systems;
                            ``(vi) overtime expenses related to the 
                        homeland security plan approved by the 
                        Secretary, including overtime costs associated 
                        with providing enhanced law enforcement 
                        operations in support of Federal agencies for 
                        increased border security and border crossing 
                        enforcement; and
                            ``(vii) any other terrorism prevention 
                        activity authorized by the Secretary.
    ``(g) Report on Homeland Security Spending.--Each recipient of a 
grant under this section shall annually submit a report to the 
Secretary that contains--
            ``(1) an accounting of the amount of State and local 
        government funds spent on homeland security activities under 
        the applicable State homeland security plan;
            ``(2) information regarding the use of grant funds by the 
        State and by units of local government as required by the 
        Secretary; and
            ``(3) progress of the recipient and subgrantees in 
        achieving essential capabilities.
    ``(h) Accountability.--
            ``(1) Government accountability office access to 
        information.--Each recipient of a grant under this section and 
        the Department shall provide the Government Accountability 
        Office with full access to information regarding the activities 
        carried out under this section.
            ``(2) Audit.--Grant recipients that expend $500,000 or more 
        in Federal funds during any fiscal year shall submit to the 
        Secretary an organization wide financial and compliance audit 
        report in conformance with the requirements of chapter 75 of 
        title 31, United States Code.
    ``(i) Remedies for Non-Compliance.--
            ``(1) In general.--If the Secretary finds, after reasonable 
        notice and an opportunity for a hearing, that a recipient of a 
        grant under this section has failed to substantially comply 
        with any provision of this section, or with any regulations or 
        guidelines of the Department regarding eligible expenditures, 
        the Secretary shall--
                    ``(A) terminate any payment of grant funds to be 
                made to the recipient under this section;
                    ``(B) reduce the amount of payment of grant funds 
                to the recipient by an amount equal to the amount of 
                grants funds that were not expended by the recipient in 
                accordance with this section; or
                    ``(C) limit the use of grant funds received under 
                this section to programs, projects, or activities not 
                affected by the failure to comply.
            ``(2) Duration of penalty.--The Secretary shall apply an 
        appropriate penalty under paragraph (1) until such time as the 
        Secretary determines that the grant recipient is in full 
        compliance with this section or with applicable guidelines or 
        regulations of the Department.
            ``(3) Direct funding.--If a State fails to substantially 
        comply with any provision of this section or with applicable 
        guidelines or regulations of the Department, including failing 
        to provide local governments with grant funds or resources 
        purchased with grant funds in a timely fashion, a local 
        government entitled to receive such grant funds or resources 
        may petition the Secretary, at such time and in such manner as 
        determined by the Secretary, to request that grant funds or 
        resources be provided directly to the local government.
    ``(j) Reports to Congress.--The Secretary shall submit an annual 
report to Congress that provides--
            ``(1) the status of preparedness goals and objectives;
            ``(2) an evaluation of how States and local governments are 
        making progress in achieving essential capabilities;
            ``(3) the total amount of resources provided to the States;
            ``(4) the total amount of resources provided to local 
        governments and metropolitan regions; and
            ``(5) an accounting of how these resources were expended.
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $2,925,000,000 for fiscal year 2006;
            ``(2) $2,925,000,000 for fiscal year 2007; and
            ``(3) such sums as are necessary for each fiscal year 
        thereafter.

``SEC. 1805. ELIMINATING HOMELAND SECURITY FRAUD, WASTE, AND ABUSE.

    ``(a) Annual Government Accountability Office Audit and Report.--
            ``(1) Audit.--The Comptroller General of the United States 
        shall conduct an annual audit of the Threat-Based Homeland 
        Security Grant Program.
            ``(2) Report.--The Comptroller General of the United States 
        shall provide a report to Congress on the results of the audit 
        conducted under paragraph (1), which includes--
                    ``(A) an analysis of whether the grant recipients 
                allocated funding consistent with the State homeland 
                security plan and the guidelines established by the 
                Department; and
                    ``(B) the amount of funding devoted to overtime and 
                administrative expenses.
    ``(b) Reviews of Threat-Based Homeland Security Funding.--The 
Secretary shall conduct periodic reviews of grants made through the 
Threat Based Homeland Security Grant Program to ensure that recipients 
allocate funds consistent with the guidelines established by the 
Department.

``SEC. 1806. FLEXIBILITY IN UNSPENT HOMELAND SECURITY FUNDS.

    ``(a) Reallocation of Funds.--The Director of the Office for 
Domestic Preparedness shall allow any State to request approval to 
reallocate funds received pursuant to appropriations for the State 
Homeland Security Grant Program under Public Laws 105-277 (112 Stat. 
2681 et seq.), 106-113 (113 Stat. 1501A-3 et seq.), 106-553 (114 Stat. 
2762A-3 et seq.), 107-77 (115 Stat. 78 et seq.), or the Consolidated 
Appropriations Resolution of 2003 (Public Law 108-7), among the 4 
categories of equipment, training, exercises, and planning.
    ``(b) Approval of Reallocation Requests.--The Director shall 
approve reallocation requests under subsection (a) in accordance with 
the State homeland security plan and any other relevant factors that 
the Secretary determines to be necessary.
    ``(c) Limitation.--A waiver under this section shall not affect the 
obligation of a State to make available 80 percent of the amount 
appropriated for equipment to units of local government.

``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND 
              TRAINING.

    ``(a) Equipment Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology (including a representative of the 
        United States Fire Administration) and the Executive Director 
        of the Office for State and Local Government Coordination and 
        Preparedness, shall support the development of, promulgate, and 
        update as necessary national voluntary consensus standards for 
        the performance, use, and validation of first responder 
        equipment for purposes of section 1804(c).
            ``(2) Standards.--Standards under this subsection shall--
                    ``(A) be, to the maximum extent practicable, 
                consistent with any existing voluntary consensus 
                standards;
                    ``(B) take into account, as appropriate, new types 
                of terrorism threats that may not have been 
                contemplated when such existing standards were 
                developed;
                    ``(C) be focused on maximizing interoperability, 
                interchangeability, durability, flexibility, 
                efficiency, efficacy, portability, sustainability, and 
                safety; and
                    ``(D) cover all appropriate uses of the equipment.
    ``(b) Training Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology (including a representative of the 
        United States Fire Administration) and the Director of the 
        Office for Domestic Preparedness, shall support the development 
        of, promulgate, and regularly update as necessary national 
        voluntary consensus standards for first responder training that 
        will enable State and local government first responders to 
        achieve optimal levels of terrorism preparedness as quickly as 
        practicable.
    ``(c) Consultation With Standards Organizations.--In establishing 
national voluntary consensus standards for first responder equipment 
and training under this section, the Secretary shall consult with 
relevant public and private sector groups, including--
            ``(1) the National Institute of Standards and Technology;
            ``(2) the National Fire Protection Association;
            ``(3) the American National Standards Institute;
            ``(4) the National Institute of Justice;
            ``(5) the National Institute for Occupational Safety and 
        Health; and
            ``(6) to the extent the Secretary considers appropriate, 
        other national voluntary consensus standards development 
        organizations, other interested Federal, State, and local 
        agencies, and other interested persons.
    ``(d) Coordination With Secretary of HHS.--In establishing any 
national voluntary consensus standards under this section for first 
responder equipment or training that involve or relate to health 
professionals, including emergency medical professionals, the Secretary 
shall coordinate activities under this section with the Secretary of 
Health and Human Services.

``SEC. 1808. CERTIFICATION RELATIVE TO THE SCREENING OF MUNICIPAL SOLID 
              WASTE TRANSPORTED INTO THE UNITED STATES.

    ``(a) Definition.--In this section, the term `municipal solid 
waste' includes sludge (as defined in section 1004 of the Solid Waste 
Disposal Act (42 U.S.C. 6903)).
    ``(b) Reports to Congress.--Not later than 90 days after the date 
of enactment of this section, the Bureau of Customs and Border 
Protection shall submit a report to Congress that--
            ``(1) indicates whether the methodologies and technologies 
        used by the Bureau to screen for and detect the presence of 
        chemical, nuclear, biological, and radiological weapons in 
        municipal solid waste are as effective as the methodologies and 
        technologies used by the Bureau to screen for such materials in 
        other items of commerce entering into the United States by 
        commercial motor vehicle transport; and
            ``(2) if the methodologies and technologies used to screen 
        solid waste are less effective than those used to screen other 
        commercial items, identifies the actions that the Bureau will 
        take to achieve the same level of effectiveness in the 
        screening of solid waste, including the need for additional 
        screening technologies.
    ``(c) Impact on Commercial Motor Vehicles.--If the Bureau of 
Customs and Border Protection fails to fully implement the actions 
described in subsection (b)(2) before the earlier of 6 months after the 
date on which the report is due under subsection (b) or 6 months after 
the date on which such report is submitted, the Secretary shall deny 
entry into the United States of any commercial motor vehicle (as 
defined in section 31101(1) of title 49, United States Code) carrying 
municipal solid waste until the Secretary certifies to Congress that 
the methodologies and technologies used by the Bureau to screen for and 
detect the presence of chemical, nuclear, biological, and radiological 
weapons in such waste are as effective as the methodologies and 
technologies used by the Bureau to screen for such materials in other 
items of commerce entering into the United States by commercial motor 
vehicle transport.''.
    (b) Fire Services.--Section 2(6) of the Homeland Security Act of 
2002 (6 U.S.C. 101(6)) is amended by inserting ``(including fire 
services)'' after ``local emergency public safety''.
    (c) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) 
is amended by adding at the end the following:

 ``TITLE XVIII--ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS AND THREAT-
                 BASED HOMELAND SECURITY GRANT PROGRAM

        ``Sec. 1801. Definitions.
        ``Sec. 1802. Preservation of pre-9/11 grant programs for 
                            traditional first responder missions.
        ``Sec. 1803. Essential capabilities for first responders.
        ``Sec. 1804. Threat-Based Homeland Security Grant Program.
        ``Sec. 1805. Eliminating homeland security fraud, waste, and 
                            abuse.
        ``Sec. 1806. Flexibility in unspent homeland security funds.
        ``Sec. 1807. National standards for first responder equipment 
                            and training.
        ``Sec. 1808. Certification relative to the screening of 
                            municipal solid waste transported into the 
                            United States.''.

SEC. 5. COMMUNICATION SYSTEM GRANTS.

    (a) In General.--
            (1) Establishment.--There is established in the Department 
        of Homeland Security an International Border Community 
        Interoperable Communications Demonstration Project (referred to 
        in this section as ``demonstration projects'').
            (2) Minimum number of communities.--The Secretary of 
        Homeland Security shall select no fewer than 6 communities to 
        participate in a demonstration project.
            (3) Location of communities.--No fewer than 3 of the 
        communities selected under paragraph (2) shall be located on 
        the northern border of the United States and no fewer than 3 of 
        the communities selected under paragraph (2) shall be located 
        on the southern border of the United States.
    (b) Program Requirements.--The demonstration projects shall--
            (1) address the interoperable communications needs of 
        police officers, firefighters, emergency medical technicians, 
        National Guard, and other emergency response providers, as 
        defined in the Homeland Security Act of 2002;
            (2) foster interoperable communications--
                    (A) among Federal, State, local, and tribal 
                government agencies in the United States involved in 
                preventing or responding to terrorist attacks or other 
                catastrophic events; and
                    (B) with similar agencies in Canada or Mexico;
            (3) identify common international cross-border frequencies 
        for communications equipment, including radio or computer 
        messaging equipment;
            (4) foster the standardization of interoperable 
        communications equipment;
            (5) identify solutions that will facilitate communications 
        interoperability across national borders expeditiously;
            (6) ensure that emergency response providers can 
        communicate with one another and the public at disaster sites 
        or in the event of a terrorist attack or other catastrophic 
        event;
            (7) provide training and equipment to enable emergency 
        response providers to deal with threats and contingencies in a 
        variety of environments; and
            (8) identify and secure appropriate joint-use equipment to 
        ensure communications access.
    (c) Distribution of Funds.--
            (1) In general.--The Secretary of Homeland Security shall 
        distribute funds under this section to each community 
        participating in a demonstration project under this section 
        through the State or States in which each community is located.
            (2) Other participants .--A State receiving funds under 
        this section shall make the funds available to the local 
        governments and emergency response providers participating in a 
        demonstration project selected by the Secretary of Homeland 
        Security not later than 60 days after receiving funds.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary in each of fiscal years 2006, 
2007, and 2008 to carry out this section.
    (e) Reporting.--Not later than December 31, 2005, and each year 
thereafter in which funds are appropriated for a demonstration project, 
the Secretary of Homeland Security shall provide to the Committee on 
Homeland Security and Governmental Affairs of the Senate and the 
Committee on Homeland Security of the House of Representatives a report 
on the demonstration projects under this section.
                                                       Calendar No. 112

109th CONGRESS

  1st Session

                                 S. 21

                          [Report No. 109-71]

_______________________________________________________________________

                                 A BILL

To provide for homeland security grant coordination and simplification, 
                        and for other purposes.

_______________________________________________________________________

                              May 24, 2005

                       Reported with an amendment
```