II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Homeland Security 

3 Grant Enhancement Act of 2005’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act, the following definitions shall apply: 

6 (1) INSULAR AREA.—The term ‘‘insular area’’ 

7 means American Samoa, the Commonwealth of the 

8 Northern Mariana Islands, the Commonwealth of 

9 Puerto Rico, Guam, and the Virgin Islands. 

10 (2) LARGE HIGH-THREAT STATE FUND.—The 

11 term ‘‘Large High-Threat State Fund’’ means the 

12 fund containing amounts authorized to be appro13 priated for States that elect to receive Federal finan14 cial assistance through a per capita share of 38.625 

15 percent of the amount appropriated for the State 

16 Homeland Security Grant Program. 

17 (3) LOCAL GOVERNMENT.—The term ‘‘local 

18 government’’ has the same meaning given that term 

19 in section 2 of the Homeland Security Act of 2002 

20 (6 U.S.C. 101). 

21 (4) MUNICIPAL SOLID WASTE.—The term ‘‘mu22 nicipal solid waste’’ includes sludge (as defined in 

23 section 1004 of the Solid Waste Disposal Act (42 

24 U.S.C. 6903)). 

25 (5) SECRETARY.—The term ‘‘Secretary’’ means 

26 the Secretary of Homeland Security. 
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1 (6) STATE.—The term ‘‘State’’ means each of 

2 the several States of the United States and the Dis3 trict of Columbia. 

4 (7) STATE HOMELAND SECURITY GRANT PRO5 GRAM.—The term ‘‘State Homeland Security Grant 

6 Program’’ means the program receiving 75 percent 

7 of the amount appropriated for the Threat-Based 

8 Homeland Security Grant Program. 

9 (8) THREAT-BASED HOMELAND SECURITY

10 GRANT PROGRAM.—The term ‘‘Threat-Based Home11 land Security Grant Program’’ means the program 

12 authorized under section 6. 

13 (9) URBAN AREA SECURITY INITIATIVE GRANT

14 PROGRAM.—The term ‘‘Urban Area Security Initia15 tive Grant Program’’ means the program receiving 

16 25 percent of the amount appropriated for the 

17 Threat-Based Homeland Security Grant Program. 

18 SEC. 3. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR 

19 TRADITIONAL FIRST RESPONDER MISSIONS. 

20 (a) IN GENERAL.—This Act shall not be construed 

21 to affect any authority to award grants under any Federal 

22 grant program listed under subsection (b), which existed 

23 on September 10, 2001, to enhance traditional missions 

24 of State and local law enforcement, firefighters, ports, 

25 emergency medical services, or public health missions. 
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1 (b) PROGRAMS INCLUDED.—The programs referred 

2 to in subsection (a) are the following: 

3 (1) The Firefighter Assistance Program author4 ized under section 33 of the Federal Fire Prevention 

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

6 (2) The Emergency Management Performance 

7 Grant Program and the Urban Search and Rescue 

8 Grant program authorized under— 

9 (A) title VI of the Robert T. Stafford Dis10 aster Relief and Emergency Assistance Act (42 

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

12 (B) the Departments of Veterans Affairs 

13 and Housing and Urban Development, and 

14 Independent Agencies Appropriations Act, 2000 

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

16 and 

17 (C) the Earthquake Hazards Reduction 

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

19 (3) The Edward Byrne Memorial State and 

20 Local Law Enforcement Assistance Programs au21 thorized under part E of title I of the Omnibus 

22 Crime Control and Safe Streets Act of 1968 (42 

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

24 (4) The Public Safety and Community Policing 

25 (COPS ON THE BEAT) Grant Program authorized 
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1 under part Q of title I of the Omnibus Crime Con2 trol and Safe Streets Act of 1968 (42 U.S.C. 

3 3796dd et seq.). 

4 (5) Grant programs under the Public Health 

5 Service Act regarding preparedness for bioterrorism 

6 and other public health emergencies and the Emer7 gency Response Assistance Program authorized 

8 under section 1412 of the Defense Against Weapons 

9 of Mass Destruction Act of 1996 (50 U.S.C. 2312). 

10 SEC. 4. INTERAGENCY COMMITTEE TO COORDINATE AND 

11 STREAMLINE HOMELAND SECURITY GRANT 

12 PROGRAMS. 

13 (a) IN GENERAL.—Title VIII of the Homeland Secu14 rity Act of 2002 (6 U.S.C. 361 et seq.) is amended by 

15 inserting after section 801 the following: 

16 ‘‘SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE 

17 AND STREAMLINE HOMELAND SECURITY 

18 GRANT PROGRAMS. 

19 ‘‘(a) ESTABLISHMENT.— 

20 ‘‘(1) IN GENERAL.—The Secretary, in coordina21 tion with the Attorney General, the Secretary of 

22 Health and Human Services, the Secretary of 

23 Transportation, the Administrator of the Environ24 mental Protection Agency, and other agencies pro25 viding assistance for first responder preparedness, as 
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1 identified by the President, shall establish the Inter2 agency Committee to Coordinate and Streamline 

3 Homeland Security Grant Programs (referred to in 

4 this subtitle as the ‘Interagency Committee’). 

5 ‘‘(2) COMPOSITION.—The Interagency Com6 mittee shall be composed of— 

7 ‘‘(A) a representative of the Department; 

8 ‘‘(B) a representative of the Department of 

9 Health and Human Services; 

10 ‘‘(C) a representative of the Department of 

11 Transportation; 

12 ‘‘(D) a representative of the Department of 

13 Justice; 

14 ‘‘(E) a representative of the Environmental 

15 Protection Agency; and 

16 ‘‘(F) a representative of any other depart17 ment or agency determined to be necessary by 

18 the President. 

19 ‘‘(3) RESPONSIBILITIES.—The Interagency 

20 Committee shall— 

21 ‘‘(A) report on findings to the Information 

22 Clearinghouse established under section 801(d); 

23 ‘‘(B) consult with State and local govern24 ments and emergency response providers re-
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1 garding their homeland security needs and ca2 pabilities; 

3 ‘‘(C) advise the Secretary on the develop4 ment of performance measures for homeland se5 curity grant programs and the national strategy 

6 for homeland security; 

7 ‘‘(D) compile a list of homeland security 

8 assistance programs; 

9 ‘‘(E) not later than 1 year after the effec10 tive date of the Homeland Security Grant En11 hancement Act of 2005— 

12 ‘‘(i) develop a proposal to coordinate, 

13 to the maximum extent practicable, the 

14 planning, reporting, application, and other 

15 guidance documents contained in homeland 

16 security assistance programs to eliminate 

17 all redundant and duplicative require18 ments; and 

19 ‘‘(ii) submit the proposal developed 

20 under clause (i) to Congress and the Presi21 dent. 

22 ‘‘(b) ADMINISTRATION.—The Department shall pro23 vide administrative support to the Interagency Committee, 

24 which shall include— 

25 ‘‘(1) scheduling meetings; 
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1 ‘‘(2) preparing agenda; 

2 ‘‘(3) maintaining minutes and records; and 

3 ‘‘(4) producing reports. 

4 ‘‘(c) CHAIRPERSON.—The Secretary shall designate 

5 a chairperson of the Interagency Committee. 

6 ‘‘(d) MEETINGS.—The Interagency Committee shall 

7 meet— 

8 ‘‘(1) at the call of the Secretary; or 

9 ‘‘(2) not less frequently than once every 

10 month.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

12 The table of contents for the Homeland Security Act of 

13 2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

14 the item relating to section 801 the following: 

‘‘Sec. 802. Interagency Committee to Coordinate and Streamline Homeland Security Grant Programs.’’. 

15 SEC. 5. STREAMLINING FEDERAL HOMELAND SECURITY 

16 GRANTS. 

17 (a) DIRECTOR OF STATE AND LOCAL GOVERNMENT

18 COORDINATION AND PREPAREDNESS.—Section 801(a) of 

19 the Homeland Security Act of 2002 (6 U.S.C. 361(a)) is 

20 amended to read as follows: 

21 ‘‘(a) ESTABLISHMENT.— 

22 ‘‘(1) IN GENERAL.—There is established within 

23 the Office of the Secretary the Office for State and 

24 Local Government Coordination and Preparedness, 
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1 which shall oversee and coordinate departmental 

2 programs for, and relationships with, State and local 

3 governments. 

4 ‘‘(2) EXECUTIVE DIRECTOR.—The Office estab5 lished under paragraph (1) shall be headed by the 

6 Executive Director of State and Local Government 

7 Coordination and Preparedness, who shall be ap8 pointed by the President, by and with the advice and 

9 consent of the Senate.’’. 

10 (b) OFFICE FOR DOMESTIC PREPAREDNESS.—The 

11 Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 

12 is amended— 

13 (1) by redesignating section 430 as section 803 

14 and transferring that section to the end of subtitle 

15 A of title VIII, as amended by section 4; and 

16 (2) in section 803, as redesignated by para17 graph (1)— 

18 (A) in subsection (a), by striking ‘‘the Di19 rectorate of Border and Transportation Secu20 rity’’ and inserting ‘‘the Office for State and 

21 Local Government Coordination and Prepared22 ness’’; 

23 (B) in subsection (b), by striking ‘‘who 

24 shall be appointed by the President’’ and all 

25 that follows and inserting ‘‘who shall report di-
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1 rectly to the Executive Director of State and 

2 Local Government Coordination and Prepared3 ness.’’; 

4 (C) in subsection (c)— 

5 (i) in paragraph (7)— 

6 (I) by striking ‘‘other’’ and in7 serting ‘‘the’’; 

8 (II) by striking ‘‘consistent with 

9 the mission and functions of the Di10 rectorate’’; and 

11 (III) by striking ‘‘and’’ at the 

12 end; and 

13 (ii) in paragraph (8)— 

14 (I) by inserting ‘‘carrying out’’ 

15 before ‘‘those elements’’; and 

16 (II) by striking ‘‘and’’ at the end; 

17 (iii) in paragraph (9), by striking the 

18 period at the end and inserting ‘‘; and’’; 

19 and 

20 (iv) by adding at the end the fol21 lowing: 

22 ‘‘(10) managing the Homeland Security Infor23 mation Clearinghouse established under section 

24 801(d).’’; 
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1 (D) by redesignating subsection (d) as sub2 section (e); and 

3 (E) by inserting after subsection (c) the 

4 following: 

5 ‘‘(d) TRAINING AND EXERCISES OFFICE WITHIN

6 THE OFFICE FOR DOMESTIC PREPAREDNESS.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall create 

8 within the Office for Domestic Preparedness an in9 ternal office that shall be the proponent for all na10 tional domestic preparedness, training, education, 

11 and exercises within the Office for State and Local 

12 Government Coordination. 

13 ‘‘(2) OFFICE HEAD.—The Secretary shall select 

14 an individual with recognized expertise in first-re15 sponder training and exercises to head the office, 

16 and such person shall report directly to the Director 

17 of the Office of Domestic Preparedness.’’. 

18 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 The table of contents for the Homeland Security Act of 

20 2002 (6 U.S.C. 101 et seq.) is amended— 

21 (1) by striking the item relating to section 430; 

22 (2) by amending the item relating to section 

23 801 to read as follows: 

‘‘Sec. 801. Office of State and Local Government Coordination and Preparedness.’’; 

24 and 
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1 (3) by inserting after the item relating to sec2 tion 802, as added by this Act, the following: 

‘‘Sec. 803. Office for Domestic Preparedness.’’. 

3 (d) ESTABLISHMENT OF HOMELAND SECURITY IN4 FORMATION CLEARINGHOUSE.—Section 801 of the Home5 land Security Act of 2002 (6 U.S.C. 361), as amended 

6 by subsection (a), is further amended by adding at the 

7 end the following: 

8 ‘‘(d) HOMELAND SECURITY INFORMATION CLEAR9 INGHOUSE.— 

10 ‘‘(1) ESTABLISHMENT.—There is established 

11 within the Office for State and Local Government 

12 Coordination a Homeland Security Information 

13 Clearinghouse (referred to in this section as the 

14 ‘Clearinghouse’), which shall assist States, local gov15 ernments, and first responders in accordance with 

16 paragraphs (2) through (5). 

17 ‘‘(2) HOMELAND SECURITY GRANT INFORMA18 TION.—The Clearinghouse shall create a new 

19 website or enhance an existing website, establish a 

20 toll-free number, and produce a single publication 

21 that each contain information regarding the home22 land security grant programs identified under sec23 tion 802(a)(4). 

24 ‘‘(3) TECHNICAL ASSISTANCE.—The Clearing25 house, in consultation with the Interagency Com-
13 

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1 mittee established under section 802, shall provide 

2 information regarding— 

3 ‘‘(A) technical assistance provided by any 

4 Federal agency to States and local governments 

5 to conduct threat analyses and vulnerability as6 sessments; and 

7 ‘‘(B) templates for conducting threat anal8 yses and vulnerability assessments. 

9 ‘‘(4) BEST PRACTICES.—The Clearinghouse 

10 shall work with States, local governments, emer11 gency response providers and the National Domestic 

12 Preparedness Consortium, and private organizations 

13 to gather, validate, and disseminate information re14 garding successful State and local homeland security 

15 programs and practices. 

16 ‘‘(5) USE OF FEDERAL FUNDS.—The Clearing17 house shall compile information regarding equip18 ment, training, and other services purchased with 

19 Federal funds provided under the homeland security 

20 grant programs identified under section 802(a)(4), 

21 and make such information, and information regard22 ing voluntary standards of training, equipment, and 

23 exercises, available to States, local governments, and 

24 first responders. 
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1 ‘‘(6) OTHER INFORMATION.—The Clearing2 house shall provide States, local governments, and 

3 first responders with any other information that the 

4 Secretary determines necessary.’’. 

5 SEC. 6. THREAT-BASED HOMELAND SECURITY GRANT PRO6 GRAM. 

7 (a) GRANTS AUTHORIZED.—The Secretary may 

8 award grants to States and local governments to enhance 

9 homeland security. 

10 (b) USE OF FUNDS.— 

11 (1) IN GENERAL.—Grants awarded under sub12 section (a)— 

13 (A) shall be used to address homeland se14 curity matters related to acts of terrorism or 

15 major disasters and related capacity building; 

16 and 

17 (B) shall not be used to supplant ongoing 

18 first responder expenses or general protective 

19 measures. 

20 (2) ALLOWABLE USES.—Grants awarded under 

21 subsection (a) may be used to— 

22 (A) develop State plans or risk assess23 ments (including the development of the home24 land security plan) to respond to terrorist at25 tacks and strengthen all hazards emergency 
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1 planning and community wide plans for re2 sponding to terrorist or all hazards emergency 

3 events that are coordinated with the capacities 

4 of applicable Federal, State, and local govern5 ments, first responders, and State and local 

6 government health agencies; 

7 (B) develop State, regional, or local mutual 

8 aid agreements; 

9 (C) purchase or upgrade equipment based 

10 on State and local needs as identified under a 

11 State homeland security plan; 

12 (D) conduct exercises to strengthen emer13 gency preparedness of State and local first re14 sponders including law enforcement, firefighting 

15 personnel, and emergency medical service work16 ers, and other emergency responders identified 

17 in a State homeland security plan; 

18 (E) pay for overtime expenses relating 

19 to— 

20 (i) training activities consistent with 

21 the goals outlined in a State homeland se22 curity plan; 

23 (ii) as determined by the Secretary, 

24 activities relating to an increase in the 
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1 threat level under the Homeland Security 

2 Advisory System; and 

3 (iii) any other activity relating to the 

4 State Homeland Security Strategy, and ap5 proved by the Secretary; 

6 (F) promote training regarding homeland 

7 security preparedness including— 

8 (i) emergency preparedness responses 

9 to a use or threatened use of a weapon of 

10 mass destruction; and 

11 (ii) training in the use of equipment, 

12 including detection, monitoring, and decon13 tamination equipment, and personal pro14 tective gear; and 

15 (G) conduct any activity permitted under 

16 the Law Enforcement Terrorism Prevention 

17 Grant Program. 

18 (3) PROHIBITED USES.— 

19 (A) CONSTRUCTION.—Grants awarded 

20 under subsection (a) may not be used to con21 struct buildings or other physical facilities, ex22 cept those described in section 611 of the Rob23 ert T. Stafford Disaster Relief and Emergency 

24 Assistance Act (42 U.S.C. 5196) and approved 

25 by the Secretary in the homeland security plan 
17 

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1 certified under subsection (d), or to acquire 

2 land. 

3 (B) COST SHARING.—Grant funds pro4 vided under this section shall not be used for 

5 any State or local government cost sharing con6 tribution request under this section. 

7 (c) APPLICATION.— 

8 (1) SUBMISSION.—A State may apply for a 

9 grant under this section by submitting to the Sec10 retary an application at such time, and in such man11 ner, and containing such information the Secretary 

12 may reasonably require. 

13 (2) REVISIONS.—A State may revise a home14 land security plan certified under subsection (d) at 

15 the time an application is submitted under para16 graph (1) after receiving approval from the Sec17 retary. 

18 (3) APPROVAL.—The Secretary shall not award 

19 a grant under this section unless the application 

20 submitted by the State includes a homeland security 

21 plan meeting the requirements of subsection (d). 

22 (4) RELEASE OF FUNDS.—The Secretary shall 

23 release grant funds to States with approved plans 

24 after the approval of an application submitted under 

25 this subsection. 
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1 (d) HOMELAND SECURITY PLAN.— 

2 (1) IN GENERAL.—An application submitted 

3 under subsection (c) shall include a certification that 

4 the State has prepared a 3-year State homeland se5 curity plan (referred to in this subsection as the 

6 ‘‘plan’’) to respond to terrorist attacks and strength7 en all hazards emergency planning that has been ap8 proved by the Secretary. 

9 (2) CONTENTS.—The plan shall contain meas10 urable goals and objectives that— 

11 (A) establish a 3-year strategy to set prior12 ities for the allocation of funding to political 

13 subdivisions based on the risk, capabilities, and 

14 needs described under paragraph (3)(C); 

15 (B) provide for interoperable communica16 tions; 

17 (C) provide for local coordination of re18 sponse and recovery efforts, including proce19 dures for effective incident command in con20 formance with the National Incident Manage21 ment System; 

22 (D) ensure that first responders and other 

23 emergency personnel have adequate training 

24 and appropriate equipment for the threats that 

25 may occur; 
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1 (E) provide for improved coordination and 

2 collaboration among police, fire, and public 

3 health authorities at State and local levels; 

4 (F) coordinate emergency response and 

5 public health plans; 

6 (G) mitigate risks to critical infrastructure 

7 that may be vulnerable to terrorist attacks; 

8 (H) promote regional coordination among 

9 contiguous local governments; 

10 (I) identify necessary protective measures 

11 by private owners of critical infrastructure; 

12 (J) promote orderly evacuation procedures 

13 when necessary; 

14 (K) ensure support from the public health 

15 community for measures needed to prevent, de16 tect and treat bioterrorism, and radiological and 

17 chemical incidents; 

18 (L) increase the number of local jurisdic19 tions participating in local and statewide exer20 cises; 

21 (M) meet preparedness goals as deter22 mined by the Secretary; and 

23 (N) include a report from the relevant ad24 visory committee established under paragraph 

25 (3)(D) that documents the areas of support, 
20 

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1 disagreement, or recommended changes to the 

2 plan before its submission to the Secretary. 

3 (3) DEVELOPMENT PROCESS.— 

4 (A) IN GENERAL.—In preparing the plan 

5 under this section, a State shall— 

6 (i) provide for the consideration of all 

7 homeland security needs; 

8 (ii) follow a process that is continuing, 

9 inclusive, cooperative, and comprehensive, 

10 as appropriate; and 

11 (iii) coordinate the development of the 

12 plan with the homeland security planning 

13 activities of local governments. 

14 (B) COORDINATION WITH LOCAL PLAN15 NING ACTIVITIES.—The coordination under sub16 paragraph (A)(iii) shall contain input from local 

17 stakeholders, including— 

18 (i) local officials, including representa19 tives of rural, high-population, and high20 threat jurisdictions; 

21 (ii) first responders and emergency re22 sponse providers; and 

23 (iii) private sector companies, such as 

24 railroads and chemical manufacturers. 
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1 (C) SCOPE OF PLANNING.—Each State 

2 preparing a plan under this section shall, in 

3 conjunction with the local stakeholders under 

4 subparagraph (B), address all the information 

5 requested by the Secretary, and complete a 

6 comprehensive assessment of— 

7 (i) risk, including a— 

8 (I) vulnerability assessment; 

9 (II) threat assessment; and 

10 (III) public health assessment, in 

11 coordination with the State bioter12 rorism plan; and 

13 (ii) capabilities and needs, including— 

14 (I) an evaluation of current pre15 paredness, mitigation, and response 

16 capabilities based on such assessment 

17 mechanisms as shall be determined by 

18 the Secretary; 

19 (II) an evaluation of capabilities 

20 needed to address the risks described 

21 under clause (i); and 

22 (III) an assessment of the short23 fall between the capabilities described 

24 under subclause (I) and the required 
22 

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1 capabilities described under subclause 

2 (II). 

3 (D) ADVISORY COMMITTEE.— 

4 (i) IN GENERAL.—Each State pre5 paring a plan under this section shall es6 tablish an advisory committee to receive 

7 comments from the public and the local 

8 stakeholders identified under subparagraph 

9 (B). 

10 (ii) COMPOSITION.—The Advisory 

11 Committee shall include local officials, local 

12 first responders, and emergency response 

13 providers that are representative of the 

14 counties, cities, and towns within the 

15 State, and which shall include representa16 tives of rural, high-population, and high17 threat jurisdictions. 

18 (4) PLAN APPROVAL.—The Secretary shall ap19 prove a plan upon finding that the plan meets the 

20 requirements of— 

21 (A) paragraphs (2) and (3); 

22 (B) the interim performance measurements 

23 under subsection (g)(1), or the national per24 formance standards under subsection (g)(2); 

25 and 
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1 (C) any other criteria the Secretary deter2 mines necessary to the approval of a State plan. 

3 (5) REVIEW OF ADVISORY COMMITTEE RE4 PORT.—The Secretary shall review the recommenda5 tions of the advisory committee report incorporated 

6 into a plan under subsection (d)(2)(N), including 

7 any dissenting views submitted by advisory com8 mittee members, to ensure cooperation and coordina9 tion between local and State jurisdictions in plan10 ning the use of grant funds under this section. 

11 (e) TENTATIVE ALLOCATION.— 

12 (1) URBAN AREA SECURITY INITIATIVE GRANT

13 PROGRAM.— 

14 (A) IN GENERAL.—The Secretary shall al15 locate 25 percent of the funds appropriated 

16 under the Threat-Based Homeland Security 

17 Grant Program for discretionary grants to be 

18 provided directly to local governments, includ19 ing multistate entities established by a compact 

20 between 2 or more States, in high threat areas, 

21 as determined by the Secretary based on the 

22 criteria under subparagraph (B). 

23 (B) CRITERIA.—The Secretary shall en24 sure that each local government receiving a 

25 grant under this paragraph— 
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1 (i) has a large population or high pop2 ulation density; 

3 (ii) has a high degree of threat, risk, 

4 and vulnerability related to critical infra5 structure or not less than 1 key asset iden6 tified by the Secretary or State homeland 

7 security plan; 

8 (iii) has an international border with 

9 Canada or Mexico, or coastline bordering 

10 international waters of Canada, Mexico, or 

11 bordering the Atlantic Ocean, the Pacific 

12 Ocean, or the Gulf of Mexico; or 

13 (iv) are subject to other threat factors 

14 specified in writing by the Secretary. 

15 (C) CONSISTENCY.—Any grant awarded 

16 under this paragraph shall be used to supple17 ment and support, in a consistent and coordi18 nated manner, those activities and objectives 

19 described under subsection (b) or a State home20 land security plan. 

21 (D) COORDINATION.—The Secretary shall 

22 ensure that any grants made under this para23 graph encourage multiple contiguous units of 

24 local government and mutual aid partners to 

25 coordinate any homeland security activities. 
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1 (2) STATE HOMELAND SECURITY GRANT PRO2 GRAM.— 

3 (A) STATES.—Each State whose applica4 tion is approved under subsection (c) shall re5 ceive, for each fiscal year, the greater of— 

6 (i) 0.75 percent of the amounts ap7 propriated for the State Homeland Secu8 rity Grant Program; or 

9 (ii) the State’s per capita share, as 

10 defined by the 2002 census population esti11 mate, of 38.625 percent of the State 

12 Homeland Security Grant Program. 

13 (B) INSULAR AREAS.—Each insular area 

14 shall receive, for each fiscal year, the greater 

15 of— 

16 (i) 0.075 percent of the amounts ap17 propriated for the State Homeland Secu18 rity Grant Program; or 

19 (ii) the insular area’s per capita 

20 share, as defined by the 2002 census popu21 lation estimate, of 38.625 percent of the 

22 State Homeland Security Grant Program. 

23 (3) SECONDARY DISTRIBUTION.—After the dis24 tribution of funds under paragraph (2), the Sec25 retary shall, from the remaining funds for the State 
26 

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1 Homeland Security Grant Program and 10.8 percent 

2 of the amount appropriated for the Threat-Based 

3 Homeland Security Grant Program pursuant to sub4 section (j)(1), distribute amounts to each State 

5 that— 

6 (A) has a substantial percentage of its 

7 population residing in Metropolitan Statistical 

8 Areas, as defined by the Office of Management 

9 and Budget; 

10 (B) has a high degree of threat, risk, and 

11 vulnerability related to critical infrastructure or 

12 not less than 1 key asset identified by the Sec13 retary or State homeland security plan; 

14 (C) has an international border with Can15 ada or Mexico, or coastline bordering inter16 national waters of Canada, Mexico, or bordering 

17 the Atlantic Ocean, the Pacific Ocean, or the 

18 Gulf of Mexico; or 

19 (D) are subject to other threat factors 

20 specified in writing by the Secretary. 

21 (4) DISTRIBUTION OF FUNDS.—If the amounts 

22 tentatively allocated under paragraphs (1) through 

23 (3) equal the sum of the amounts appropriated pur24 suant to subsection (j), the Secretary shall distribute 
27 

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1 the appropriated amounts based on the tentative al2 location. 

3 (5) PROPORTIONAL REDUCTION.—If the 

4 amount appropriated for the Large High-Threat 

5 State Fund pursuant to subsection (j)(2) is less 

6 than 10.8 percent of the amount appropriated for 

7 the Threat-Based Homeland Security Grant Pro8 gram pursuant to subsection (j)(1), the Secretary 

9 shall proportionately reduce the amounts tentatively 

10 allocated under paragraphs (1) through (3) so that 

11 the amount distributed is equal to the sum of the 

12 amounts appropriated for such programs. 

13 (6) FUNDING FOR LOCAL ENTITIES AND FIRST

14 RESPONDERS.—The Secretary shall require recipi15 ents of the State Homeland Security Grant to pro16 vide local governments and first responders, con17 sistent with the applicable State homeland security 

18 plan, with not less than 80 percent of the grant 

19 funds, the resources purchased with such grant 

20 funds, or a combination thereof, not later than 60 

21 days after receiving grant funding. 

22 (7) SUPPLEMENT NOT SUPPLANT.—Amounts 

23 appropriated for grants under this subsection shall 

24 be used to supplement and not supplant other State 
28 

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1 and local public funds obligated for the purposes 

2 provided under this Act. 

3 (8) LAW ENFORCEMENT TERRORISM PREVEN4 TION PROGRAM.— 

5 (A) IN GENERAL.—The Secretary shall 

6 designate not more than 25 percent of the 

7 amounts allocated through the State Homeland 

8 Security Grant Program to be used for the Law 

9 Enforcement Terrorism Prevention Program to 

10 provide grants to law enforcement agencies to 

11 enhance capabilities for terrorism prevention. 

12 (B) USE OF FUNDS.—Grants awarded 

13 under this paragraph may be used for— 

14 (i) information sharing to preempt 

15 terrorist attacks; 

16 (ii) target hardening to reduce the 

17 vulnerability of selected high value targets; 

18 (iii) threat recognition to recognize 

19 the potential or development of a threat; 

20 (iv) intervention activities to interdict 

21 terrorists before they can execute a threat; 

22 (v) interoperable communication sys23 tems; 
29 

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1 (vi) overtime expenses related to the 

2 State Homeland Security Strategy ap3 proved by the Secretary; and 

4 (vii) any other terrorism prevention 

5 activity authorized by the Secretary. 

6 (f) REPORT ON HOMELAND SECURITY SPENDING.— 

7 Each recipient of a grant under this section shall annually 

8 submit a report to the Secretary that contains— 

9 (1) an accounting of the amount of State and 

10 local funds spent on homeland security activities 

11 under the applicable State homeland security plan; 

12 and 

13 (2) information regarding the use of grant 

14 funds by units of local government as required by 

15 the Secretary. 

16 (g) ACCOUNTABILITY.— 

17 (1) INTERIM PERFORMANCE MEASURES.— 

18 (A) IN GENERAL.—Before establishing per19 formance standards under paragraph (2), the 

20 Secretary shall assist each State in establishing 

21 interim performance measures based upon— 

22 (i) the goals and objectives under sub23 section (d)(2); and 

24 (ii) any other factors determined by 

25 the Secretary. 
30 

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1 (B) ANNUAL REPORT.—Before establishing 

2 performance measures under paragraph (2), 

3 each State with an approved State plan shall 

4 submit to the Secretary a report detailing the 

5 progress the State has made in meeting the in6 terim performance measures established under 

7 subparagraph (A). 

8 (2) NATIONAL PERFORMANCE STANDARDS.— 

9 (A) IN GENERAL.—Not later than 1 year 

10 after the date of enactment of this Act, the Sec11 retary shall set national performance standards 

12 based in part on the goals and objectives under 

13 subsection (d)(2) and any other factors the Sec14 retary determines relevant. 

15 (B) COMPLIANCE.—The Secretary shall 

16 ensure that State plans are in conformance 

17 with the standards set under subparagraph (A). 

18 (C) ANNUAL REPORT.—After the establish19 ment of performance standards under subpara20 graph (A), each State with an approved State 

21 homeland security plan shall submit to the Sec22 retary a report on the progress the State has 

23 made in meeting such standards. 

24 (3) GENERAL ACCOUNTING OFFICE ACCESS TO

25 INFORMATION.—Each recipient of a grant under this 
31 

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1 section and the Department of Homeland Security 

2 shall provide the General Accounting Office with full 

3 access to information regarding the activities carried 

4 out under this section. 

5 (4) AUDIT.—Grant recipients that expend 

6 $500,000 or more in Federal funds during any fiscal 

7 year shall submit to the Secretary an organization 

8 wide financial and compliance audit report in con9 formance with the requirements of chapter 75 of 

10 title 31, United States Code. 

11 (h) REMEDIES FOR NON-COMPLIANCE.— 

12 (1) IN GENERAL.—If the Secretary finds, after 

13 reasonable notice and an opportunity for a hearing, 

14 that a recipient of a grant under this section has 

15 failed to substantially comply with any provision of 

16 this section, the Secretary shall— 

17 (A) terminate any payment of grant funds 

18 to be made to the recipient under this section; 

19 (B) reduce the amount of payment of 

20 grant funds to the recipient by an amount equal 

21 to the amount of grants funds that were not ex22 pended by the recipient in accordance with this 

23 section; or 
32 

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1 (C) limit the use of grant funds received 

2 under this section to programs, projects, or ac3 tivities not affected by the failure to comply. 

4 (2) DURATION OF PENALTY.—The Secretary 

5 shall apply an appropriate penalty under paragraph 

6 (1) until such time as the Secretary determines that 

7 the grant recipient is in full compliance with this 

8 section. 

9 (3) DIRECT FUNDING.—If a State fails to sub10 stantially comply with any provision of this section, 

11 including failing to provide local governments with 

12 grant funds or resources purchased with grant funds 

13 in a timely fashion, a local government entitled to 

14 receive such grant funds or resources may petition 

15 the Secretary, at such time and in such manner as 

16 determined by the Secretary, to request that grant 

17 funds or resources be provided directly to the local 

18 government. 

19 (i) REPORTS TO CONGRESS.—The Secretary shall 

20 submit an annual report to Congress that provides— 

21 (1) findings relating to the performance stand22 ards established under subsection (g); 

23 (2) the status of preparedness goals and objec24 tives; 
33 

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1 (3) an evaluation of how States and local gov2 ernments are meeting preparedness goals and objec3 tives; 

4 (4) the total amount of resources provided to 

5 the States; 

6 (5) the total amount of resources provided to 

7 units of local government; and 

8 (6) a list of how these resources were expended. 

9 (j) AUTHORIZATION OF APPROPRIATIONS.— 

10 (1) THREAT-BASED HOMELAND SECURITY

11 GRANT PROGRAM.—There are authorized to be ap12 propriated such sums as are necessary to carry out 

13 this section. 

14 (2) LARGE HIGH-THREAT STATE FUND.—There 

15 are authorized to be appropriated 10.8 percent of 

16 the funds appropriated in any fiscal year pursuant 

17 to paragraph (1), which shall be used to carry out 

18 the Large High-Threat State Fund. 

19 SEC. 7. ELIMINATING HOMELAND SECURITY FRAUD, 

20 WASTE, AND ABUSE. 

21 (a) ANNUAL GENERAL ACCOUNTING OFFICE AUDIT

22 AND REPORT.— 

23 (1) AUDIT.—The Comptroller General of the 

24 United States shall conduct an annual audit of the 

25 Threat Based Homeland Security Grant Program 
34 

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1 (2) REPORT.—The Comptroller General of the 

2 United States shall provide a report to Congress on 

3 the results of the audit conducted under paragraph 

4 (1), which includes— 

5 (A) an analysis of whether the grant re6 cipients allocated funding consistent with the 

7 State homeland security plan and the guidelines 

8 established by the Department of Homeland Se9 curity; and 

10 (B) the amount of funding devoted to over11 time and administrative expenses. 

12 (b) REVIEWS OF THREAT-BASED HOMELAND SECU13 RITY FUNDING.—The Secretary, through the appropriate 

14 agency, shall conduct periodic reviews of grants made 

15 through the Threat Based Homeland Security Grant Pro16 gram to ensure that recipients allocate funds consistent 

17 with the guidelines established by the Department of 

18 Homeland Security. 

19 (c) REMEDIES FOR NON-COMPLIANCE.—If the Sec20 retary determines, after reasonable notice and an oppor21 tunity for a hearing, that a recipient of a Threat Based 

22 Homeland Security Grant has failed to substantially com23 ply with any regulations or guidelines issues by the De24 partment regarding eligible expenditures, the Secretary 

25 shall— 
35 

•S 21 RS

1 (1) terminate any payment of grant funds 

2 scheduled to be made to the recipient; 

3 (2) reduce the amount of payment of grant 

4 finds to the recipient by an amount equal to the 

5 amount of grant funds that were not expended by 

6 the recipient in accordance with such guidelines; or 

7 (3) limit the use of grant funds received under 

8 the Threat Based Homeland Security Grant Pro9 gram to programs, projects, or activities not affected 

10 by the failure to comply. 

11 (d) DURATION OF PENALTY.—The Secretary shall 

12 apply an appropriate penalty under subsection (c) until 

13 such time as the Secretary determines that the grant re14 cipient is in full compliance with the guidelines established 

15 by the Department of Homeland Security. 

16 SEC. 8. FLEXIBILITY IN UNSPENT HOMELAND SECURITY 

17 FUNDS. 

18 (a) REALLOCATION OF FUNDS.—The Director of the 

19 Office for Domestic Preparedness, Department of Home20 land Security, shall allow any State to request approval 

21 to reallocate funds received pursuant to appropriations for 

22 the State Homeland Security Grant Program under Public 

23 Laws 105–277 (112 Stat. 2681 et seq.), 106–113 (113 

24 Stat. 1501A–3 et seq.), 106–553 (114 Stat. 2762A–3 et 

25 seq.), 107–77 (115 Stat. 78 et seq.), or the Consolidated 
36 

•S 21 RS

1 Appropriations Resolution of 2003 (Public Law 108–7), 

2 among the 4 categories of equipment, training, exercises, 

3 and planning. 

4 (b) APPROVAL OF REALLOCATION REQUESTS.—The 

5 Director shall approve reallocation requests under sub6 section (a) in accordance with the State plan and any 

7 other relevant factors that the Secretary determines to be 

8 necessary. 

9 (c) LIMITATION.—A waiver under this section shall 

10 not affect the obligation of a State to pass through 80 

11 percent of the amount appropriated for equipment to units 

12 of local government. 

13 SEC. 9. CERTIFICATION RELATIVE TO THE SCREENING OF 

14 MUNICIPAL SOLID WASTE TRANSPORTED 

15 INTO THE UNITED STATES. 

16 The Secretary shall deny entry into the United States 

17 of any commercial motor vehicle (as defined in section 

18 31101(1) of title 49, United States Code) carrying munic19 ipal solid waste unless and until the Secretary certifies to 

20 Congress that the methodologies and technologies used by 

21 the Bureau of Customs and Border Protection of the De22 partment of Homeland Security to screen for and detect 

23 the presence of chemical, nuclear, biological, and radio24 logical weapons in such waste are as effective as the meth25 odologies and technologies used by the Bureau to screen 
37 

•S 21 RS

1 for such materials in other items of commerce entering 

2 into the United States by commercial motor vehicle trans3 port. 

4 SECTION 1. SHORT TITLE. 

5 This Act may be cited as the ‘‘Homeland Security 

6 Grant Enhancement Act of 2005’’. 

7 SEC. 2. INTERAGENCY COMMITTEE TO COORDINATE AND 

8 STREAMLINE HOMELAND SECURITY GRANT 

9 PROGRAMS. 

10 (a) IN GENERAL.—Title VIII of the Homeland Secu11 rity Act of 2002 (6 U.S.C. 361 et seq.) is amended by insert12 ing after section 801 the following: 

13 ‘‘SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE AND 

14 STREAMLINE HOMELAND SECURITY GRANT 

15 PROGRAMS. 

16 ‘‘(a) ESTABLISHMENT.— 

17 ‘‘(1) IN GENERAL.—The Secretary, in coordina18 tion with the Attorney General, the Secretary of 

19 Health and Human Services, the Secretary of Trans20 portation, the Administrator of the Environmental 

21 Protection Agency, and other agencies providing as22 sistance for emergency response provider prepared23 ness, as identified by the President, shall establish the 

24 Interagency Committee to Coordinate and Streamline 
38 

•S 21 RS

1 Homeland Security Grant Programs (referred to in 

2 this subtitle as the ‘Interagency Committee’). 

3 ‘‘(2) COMPOSITION.—The Interagency Committee 

4 shall be composed of— 

5 ‘‘(A) at least 2 representatives of the De6 partment, including a representative of the 

7 United States Fire Administration; 

8 ‘‘(B) a representative of the Department of 

9 Health and Human Services; 

10 ‘‘(C) a representative of the Department of 

11 Transportation; 

12 ‘‘(D) a representative of the Department of 

13 Justice; 

14 ‘‘(E) a representative of the Environmental 

15 Protection Agency; and 

16 ‘‘(F) a representative of any other depart17 ment or agency determined to be necessary by 

18 the President. 

19 ‘‘(3) RESPONSIBILITIES.—The Interagency Com20 mittee shall— 

21 ‘‘(A) provide any findings to the Informa22 tion Clearinghouse established under section 

23 801(c); 

24 ‘‘(B) consult with State and local govern25 ments and emergency response providers regard-
39 

•S 21 RS

1 ing their homeland security needs and capabili2 ties; 

3 ‘‘(C) advise the Secretary on the develop4 ment of performance measures for homeland se5 curity and other first responder assistance pro6 grams; 

7 ‘‘(D) compile a list of homeland security 

8 and other first responder assistance programs; 

9 ‘‘(E) not later than 1 year after the date of 

10 enactment of the Homeland Security Grant En11 hancement Act of 2005— 

12 ‘‘(i) develop a proposal to coordinate, 

13 to the maximum extent practicable, the 

14 planning, reporting, application, and other 

15 guidance documents contained in homeland 

16 security assistance programs to— 

17 ‘‘(I) eliminate all redundant and 

18 duplicative requirements; 

19 ‘‘(II) ensure accountability of the 

20 programs to the intended purposes of 

21 such programs; and 

22 ‘‘(III) coordinate expenditures of 

23 grant funds to avoid duplicative or in24 consistent purchases; and 
40 

•S 21 RS

1 ‘‘(ii) submit the proposal developed 

2 under clause (i) to— 

3 ‘‘(I) the President; 

4 ‘‘(II) the Committee on Homeland 

5 Security and Governmental Affairs of 

6 the Senate; and 

7 ‘‘(III) the Committee on Home8 land Security of the House of Rep9 resentatives; and 

10 ‘‘(F) otherwise promote the coordination of 

11 homeland security grant programs throughout 

12 the Federal government. 

13 ‘‘(b) ADMINISTRATION.—The Department shall provide 

14 administrative support to the Interagency Committee, 

15 which shall include— 

16 ‘‘(1) scheduling meetings; 

17 ‘‘(2) preparing agenda; 

18 ‘‘(3) maintaining minutes and records; and 

19 ‘‘(4) producing reports. 

20 ‘‘(c) CHAIRPERSON.—The Secretary shall designate a 

21 chairperson of the Interagency Committee. 

22 ‘‘(d) MEETINGS.—The Interagency Committee shall 

23 meet— 

24 ‘‘(1) at the call of the Secretary; or 

25 ‘‘(2) not less frequently than once every month.’’. 
41 

•S 21 RS

1 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

2 table of contents for the Homeland Security Act of 2002 

3 (6 U.S.C. 101 et seq.) is amended by inserting after the 

4 item relating to section 801 the following: 

‘‘Sec. 802. Interagency Committee to Coordinate and Streamline Homeland Security Grant Programs.’’. 

5 SEC. 3. STREAMLINING FEDERAL HOMELAND SECURITY 

6 GRANT ADMINISTRATION. 

7 (a) DIRECTOR OF STATE AND LOCAL GOVERNMENT

8 COORDINATION AND PREPAREDNESS.—Section 801(a) of 

9 the Homeland Security Act of 2002 (6 U.S.C. 361(a)) is 

10 amended to read as follows: 

11 ‘‘(a) ESTABLISHMENT.— 

12 ‘‘(1) IN GENERAL.—There is established within 

13 the Office of the Secretary the Office for State and 

14 Local Government Coordination and Preparedness, 

15 which shall oversee and coordinate departmental pro16 grams for, and relationships with, State and local 

17 governments. 

18 ‘‘(2) EXECUTIVE DIRECTOR.—The Office estab19 lished under paragraph (1) shall be headed by the Ex20 ecutive Director of State and Local Government Co21 ordination and Preparedness, who shall be appointed 

22 by the President, by and with the advice and consent 

23 of the Senate.’’. 
42 

•S 21 RS

1 (b) OFFICE FOR DOMESTIC PREPAREDNESS.—The 

2 Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 

3 amended— 

4 (1) by redesignating section 430 as section 803 

5 and transferring that section to the end of subtitle A 

6 of title VIII, as amended by section 2; and 

7 (2) in section 803, as redesignated by paragraph 

8 (1)— 

9 (A) in subsection (a), by striking ‘‘the Di10 rectorate of Border and Transportation Secu11 rity’’ and inserting ‘‘the Office for State and 

12 Local Government Coordination and Prepared13 ness’’; 

14 (B) in subsection (b), by striking ‘‘who shall 

15 be appointed by the President’’ and all that fol16 lows and inserting ‘‘who shall report directly to 

17 the Executive Director of State and Local Gov18 ernment Coordination and Preparedness.’’; and 

19 (C) in subsection (c)— 

20 (i) in paragraph (7)— 

21 (I) by striking ‘‘other’’ and insert22 ing ‘‘the’’; and 

23 (II) by striking ‘‘consistent with 

24 the mission and functions of the Direc25 torate’’; 
43 

•S 21 RS

1 (ii) in paragraph (8)— 

2 (I) by inserting ‘‘carrying out’’ 

3 before ‘‘those elements’’; and 

4 (II) by striking ‘‘and’’ at the end; 

5 (iii) in paragraph (9), by striking the 

6 period at the end and inserting ‘‘; and’’; 

7 and 

8 (iv) by adding at the end the following: 

9 ‘‘(10) managing the Homeland Security Infor10 mation Clearinghouse established under section 

11 801(c).’’. 

12 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) TABLE OF CONTENTS.—The table of contents 

14 for the Homeland Security Act of 2002 (6 U.S.C. 101 

15 et seq.) is amended— 

16 (A) by striking the item relating to section 

17 430; 

18 (B) by amending the item relating to sec19 tion 801 to read as follows: 

‘‘Sec. 801. Office of State and Local Government Coordination and Preparedness.’’; 

20 and 

21 (C) by inserting after the item relating to 

22 section 802, as added by this Act, the following: 

‘‘Sec. 803. Office for Domestic Preparedness.’’. 
44 

•S 21 RS

1 (2) SECTION HEADING.—Section 801 of the 

2 Homeland Security Act of 2002 (6 U.S.C. 361) is 

3 amended by striking the section heading and insert4 ing the following: 

5 ‘‘SEC. 801. OFFICE OF STATE AND LOCAL GOVERNMENT CO6 ORDINATION AND PREPAREDNESS.’’. 

7 (d) ESTABLISHMENT OF HOMELAND SECURITY INFOR8 MATION CLEARINGHOUSE.—Section 801 of the Homeland 

9 Security Act of 2002 (6 U.S.C. 361), as amended by sub10 section (a), is further amended by adding at the end the 

11 following: 

12 ‘‘(c) HOMELAND SECURITY INFORMATION CLEARING13 HOUSE.— 

14 ‘‘(1) ESTABLISHMENT.—There is established 

15 within the Office for State and Local Government Co16 ordination and Preparedness a Homeland Security 

17 Information Clearinghouse (referred to in this section 

18 as the ‘Clearinghouse’), which shall assist States, local 

19 governments, and emergency response providers in ac20 cordance with paragraphs (2) through (6). 

21 ‘‘(2) HOMELAND SECURITY GRANT INFORMA22 TION.—The Clearinghouse shall create a new website 

23 or enhance an existing website, establish a toll-free 

24 number, and produce a single publication that each 
45 

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1 contain information regarding the homeland security 

2 grant programs administered by the Department. 

3 ‘‘(3) TECHNICAL ASSISTANCE.—The Clearing4 house, in consultation with the Interagency Com5 mittee established under section 802, shall provide in6 formation regarding technical assistance provided by 

7 any Federal agency to States and local governments 

8 relating to homeland security matters, including tem9 plates for conducting threat analyses and vulner10 ability assessments. 

11 ‘‘(4) BEST PRACTICES.—The Clearinghouse shall 

12 work with States, local governments, emergency re13 sponse providers, the National Domestic Preparedness 

14 Consortium, the National Memorial Institute for the 

15 Prevention of Terrorism, and private organizations to 

16 gather, validate, and disseminate information regard17 ing successful State and local homeland security pro18 grams and practices. 

19 ‘‘(5) USE OF FEDERAL FUNDS.—The Clearing20 house shall compile information regarding equipment, 

21 training, and other services that can be purchased 

22 with Federal funds provided under homeland security 

23 grant programs and make such information, and in24 formation regarding voluntary standards of training, 
46 

•S 21 RS

1 equipment, and exercises, available to States, local 

2 governments, and emergency response providers. 

3 ‘‘(6) OTHER INFORMATION.—The Clearinghouse 

4 shall provide States, local governments, and emer5 gency response providers with any other information 

6 that the Secretary determines necessary.’’. 

7 SEC. 4. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS 

8 AND THREAT-BASED HOMELAND SECURITY 

9 GRANT PROGRAM. 

10 (a) IN GENERAL.—The Homeland Security Act of 

11 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

12 end the following: 

13 ‘‘TITLE XVIII—ESSENTIAL CAPA14 BILITIES FOR FIRST RE15 SPONDERS AND THREAT16 BASED HOMELAND SECURITY 

17 GRANT PROGRAM 

18 ‘‘SEC. 1801. DEFINITIONS. 

19 ‘‘In this title, the following definitions shall apply: 

20 ‘‘(1) ELIGIBLE METROPOLITAN REGION.—The 

21 term ‘eligible metropolitan region’ means the fol22 lowing: 

23 ‘‘(A) IN GENERAL.—A combination of 2 or 

24 more incorporated municipalities, counties, par25 ishes, or Indian tribes within a metropolitan re-
47 

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1 gion that includes the city in that metropolitan 

2 region with the largest population. Such eligible 

3 metropolitan region may include additional local 

4 governments outside the metropolitan region that 

5 are likely to be affected by, or be called upon to 

6 respond to, a terrorist attack or other cata7 strophic event within the metropolitan region. 

8 ‘‘(B) OTHER COMBINATIONS.—Any other 

9 combination of contiguous local governments that 

10 are formally certified by the Secretary as an eli11 gible metropolitan region for purposes of this 

12 title with the consent of the State or States in 

13 which such local governments are located. 

14 ‘‘(2) ESSENTIAL CAPABILITIES.—The term ‘es15 sential capabilities’ means the levels, availability, and 

16 competence of emergency personnel, planning, train17 ing, and equipment across a variety of disciplines 

18 needed to effectively and efficiently prevent, prepare 

19 for, and respond to threatened or actual domestic ter20 rorist attacks and other catastrophic events. 

21 ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ 

22 means an entity described under section 2(10)(B). 

23 ‘‘(4) METROPOLITAN REGION.—The term ‘metro24 politan region’ means— 
48 

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1 ‘‘(A) any of the 100 largest metropolitan 

2 statistical areas in the United States, as defined 

3 by the Office of Management and Budget; or 

4 ‘‘(B) any combined statistical area, as de5 fined by the Office of Management and Budget, 

6 of which any metropolitan statistical area cov7 ered by subparagraph (A) is a part. 

8 ‘‘(5) POPULATION.—The term ‘population’ 

9 means population according to the most recent United 

10 States census population estimates available at the 

11 start of the relevant fiscal year. 

12 ‘‘(6) POPULATION DENSITY.—The term ‘popu13 lation density’ means population divided by land 

14 area in square miles. 

15 ‘‘(7) SLIDING SCALE BASELINE ALLOCATION.— 

16 The term ‘sliding scale baseline allocation’ means 

17 0.001 multiplied by the sum of— 

18 ‘‘(A) the value of a State’s population rel19 ative to that of the most populous of the 50 

20 States of the United States, where the population 

21 of such States has been normalized to a max22 imum value of 100; and 

23 ‘‘(B) one-fourth of the value of a State’s 

24 population density relative to that of the most 

25 densely populated of the 50 States of the United 
49 

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1 States, where the population density of such 

2 States has been normalized to a maximum value 

3 of 100. 

4 ‘‘(8) THREAT-BASED HOMELAND SECURITY

5 GRANT PROGRAM.—The term ‘Threat-Based Home6 land Security Grant Program’ means the program es7 tablished under section 1804. 

8 ‘‘SEC. 1802. PRESERVATION OF PRE-9/11 GRANT PROGRAMS 

9 FOR TRADITIONAL FIRST RESPONDER MIS10 SIONS. 

11 ‘‘(a) IN GENERAL.—This title shall not be construed 

12 to affect any authority to award grants under any Federal 

13 grant program listed under subsection (b), which existed on 

14 September 10, 2001, to enhance traditional missions of 

15 State and local law enforcement, firefighters, ports, emer16 gency medical services, or public health missions. 

17 ‘‘(b) PROGRAMS NOT AFFECTED.—The programs re18 ferred to in subsection (a) are the following: 

19 ‘‘(1) The Firefighter Assistance Program author20 ized under section 33 of the Federal Fire Prevention 

21 and Control Act of 1974 (15 U.S.C. 2229) and pro22 grams under section 34 of that Act (15 U.S.C. 

23 2229a). 

24 ‘‘(2) All grant programs authorized under the 

25 Robert T. Stafford Disaster Relief and Emergency As-
50 

•S 21 RS

1 sistance Act (42 U.S.C. 5121 et seq.), including the 

2 Emergency Management Performance Grant Program 

3 and the Urban Search and Rescue Grant program. 

4 ‘‘(3) The Justice Assistance Grants authorized 

5 under part E of title I of the Omnibus Crime Control 

6 and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) 

7 (commonly known as the Edward Byrne Memorial 

8 State and Local Law Enforcement Assistance Pro9 grams). 

10 ‘‘(4) The Public Safety and Community Policing 

11 (COPS ON THE BEAT) Grant Program authorized 

12 under part Q of title I of the Omnibus Crime Control 

13 and Safe Streets Act of 1968 (42 U.S.C. 3796dd et 

14 seq.). 

15 ‘‘(5) Grant programs under the Public Health 

16 Service Act regarding preparedness for bioterrorism 

17 and other public health emergencies and the Emer18 gency Response Assistance Program authorized under 

19 section 1412 of the Defense Against Weapons of Mass 

20 Destruction Act of 1996 (50 U.S.C. 2312). 

21 ‘‘SEC. 1803. ESSENTIAL CAPABILITIES FOR FIRST RESPOND22 ERS. 

23 ‘‘(a) ESTABLISHMENT OF ESSENTIAL CAPABILITIES.— 

24 ‘‘(1) IN GENERAL.—Building upon the national 

25 preparedness guidance issued by the Secretary, the 
51 

•S 21 RS

1 Secretary shall establish clearly defined essential ca2 pabilities for State and local governments, in con3 sultation with— 

4 ‘‘(A) the Task Force on Essential Capabili5 ties for First Responders established under sub6 section (d); 

7 ‘‘(B) the Under Secretaries for Emergency 

8 Preparedness and Response (including represent9 atives of the United States Fire Administration), 

10 Border and Transportation Security, Informa11 tion Analysis and Infrastructure Protection, and 

12 Science and Technology, and the Executive Di13 rector of the Office for State and Local Govern14 ment Coordination and Preparedness; 

15 ‘‘(C) the Secretary of Health and Human 

16 Services; 

17 ‘‘(D) other appropriate Federal agencies; 

18 ‘‘(E) State and local emergency response 

19 providers; 

20 ‘‘(F) State and local officials; and 

21 ‘‘(G) consensus-based standard making or22 ganizations responsible for setting standards rel23 evant to the first responder community. 

24 ‘‘(2) DEADLINES.—The Secretary shall— 
52 

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1 ‘‘(A) establish essential capabilities under 

2 paragraph (1) within 30 days after receipt of the 

3 first report under subsection (d)(3); and 

4 ‘‘(B) regularly update such essential capa5 bilities as necessary, but not less than every 3 

6 years. 

7 ‘‘(3) PROVISION OF ESSENTIAL CAPABILITIES.— 

8 The Secretary shall ensure that a detailed description 

9 of the essential capabilities established under para10 graph (1) is provided promptly to the States and to 

11 Congress. The States shall make the description of the 

12 essential capabilities available as appropriate to local 

13 governments within their jurisdictions. 

14 ‘‘(b) OBJECTIVES.—The Secretary shall ensure that es15 sential capabilities established under subsection (a)(1) meet 

16 the following objectives: 

17 ‘‘(1) SPECIFICITY.—The determination of essen18 tial capabilities shall describe specifically the train19 ing, planning, personnel, and equipment that dif20 ferent types of communities in the Nation should pos21 sess, or to which they should have access, in order to 

22 meet the Department’s goals for preparedness based 

23 upon— 
53 

•S 21 RS

1 ‘‘(A) the national preparedness goal, the 

2 target capabilities list, and the national pre3 paredness guidance; 

4 ‘‘(B) the most current risk assessment avail5 able by the Directorate for Information Analysis 

6 and Infrastructure Protection of the threats of 

7 terrorism against the United States; 

8 ‘‘(C) the risks faced by different types of 

9 communities, including communities of various 

10 sizes, geographies, and other distinguishing char11 acteristics; and 

12 ‘‘(D) the principles of regional coordination 

13 and mutual aid among State and local govern14 ments. 

15 ‘‘(2) FLEXIBILITY.—The establishment of essen16 tial capabilities shall be sufficiently flexible to allow 

17 State and local government officials to set priorities 

18 based on local or regional needs, while reaching na19 tionally determined preparedness levels within a spec20 ified time period. 

21 ‘‘(3) MEASURABILITY.—The establishment of es22 sential capabilities shall be designed to enable meas23 urement of progress toward specific terrorism pre24 paredness goals. 
54 

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1 ‘‘(4) COMPREHENSIVENESS.—The determination 

2 of essential capabilities shall be made within the con3 text of a comprehensive State emergency management 

4 system. 

5 ‘‘(c) FACTORS TO BE CONSIDERED.—In establishing 

6 essential capabilities for different types of communities 

7 under subsection (a)(1), the Secretary specifically shall con8 sider the variables of threat, vulnerability, and consequences 

9 with respect to population (including transient commuting 

10 and tourist populations), areas of high population density, 

11 critical infrastructure, coastline, and international borders. 

12 Such consideration shall be based upon the most current 

13 risk assessment available by the Directorate for Information 

14 Analysis and Infrastructure Protection of the threats of ter15 rorism against the United States and the needs described 

16 in the national preparedness guidance and the target capa17 bilities list. 

18 ‘‘(d) TASK FORCE ON ESSENTIAL CAPABILITIES FOR

19 FIRST RESPONDERS.— 

20 ‘‘(1) ESTABLISHMENT.— 

21 ‘‘(A) IN GENERAL.—To assist the Secretary 

22 in establishing essential capabilities under sub23 section (a)(1), the Secretary shall establish an 

24 advisory body under section 871(a) not later 

25 than 60 days after the date of enactment of this 
55 

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1 section, which shall be known as the Task Force 

2 on Essential Capabilities for First Responders. 

3 ‘‘(B) TERMINATION.—Notwithstanding sec4 tion 871(b), the Task Force shall terminate 5 

5 years after the date of its establishment, unless 

6 the Secretary makes a written determination to 

7 extend the Task Force to a specified date, which 

8 shall not be more than 5 years after the date on 

9 which such determination is made. The Sec10 retary may make any number of subsequent ex11 tensions consistent with this subsection. 

12 ‘‘(2) PUBLIC COMMENT.—Not later than 90 days 

13 after the date of enactment of this section, the Task 

14 Force shall solicit comment on the establishment of es15 sential capabilities for State and local government 

16 preparedness. 

17 ‘‘(3) REPORT.— 

18 ‘‘(A) IN GENERAL.—Not later than 9 

19 months after the establishment of the Task Force 

20 by the Secretary, and every 3 years thereafter, 

21 the Task Force shall submit to the Secretary a 

22 report on its recommendations for essential ca23 pabilities for preparedness for terrorism. 

24 ‘‘(B) CONTENTS.—Each report shall— 
56 

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1 ‘‘(i) provide a thorough assessment of 

2 the national preparedness guidance and 

3 target capabilities list and recommenda4 tions for revisions; 

5 ‘‘(ii) include a priority ranking of es6 sential capabilities in order to provide 

7 guidance to the Secretary and to Congress 

8 on determining the appropriate allocation 

9 of, and funding levels for, first responder 

10 needs; 

11 ‘‘(iii) set forth a methodology by which 

12 any State or local government will be able 

13 to determine the extent to which it possesses 

14 or has access to the essential capabilities 

15 that States and local governments having 

16 similar risks should obtain; and 

17 ‘‘(iv) describe the availability of na18 tional voluntary consensus standards, and 

19 whether there is a need for new national 

20 voluntary consensus standards, with respect 

21 to first responder training and equipment. 

22 ‘‘(C) COMPREHENSIVENESS.—The Task 

23 Force shall ensure that, when recommending es24 sential capabilities for terrorism preparedness, 

25 such recommendations are made within the con-
57 

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1 text of a comprehensive State emergency manage2 ment system. 

3 ‘‘(4) MEMBERSHIP.— 

4 ‘‘(A) IN GENERAL.—The Task Force shall 

5 consist of 25 members appointed by the Sec6 retary, and shall, to the extent practicable, rep7 resent a geographic and substantive cross section 

8 of first responder disciplines from the State and 

9 local government levels, including as appro10 priate— 

11 ‘‘(i) members selected from the emer12 gency response field, including fire service 

13 and law enforcement, hazardous materials 

14 response, emergency medical services, and 

15 emergency management personnel; 

16 ‘‘(ii) health scientists, emergency and 

17 inpatient medical providers, and public 

18 health professionals, including experts in 

19 emergency health care response to chemical, 

20 biological, radiological, and nuclear ter21 rorism, and experts in providing mental 

22 health care during emergency response oper23 ations; 

24 ‘‘(iii) experts from Federal, State, and 

25 local governments, and the private sector, 
58 

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1 representing standards-setting organiza2 tions, including representatives from the 

3 voluntary consensus codes and standards 

4 development community, particularly those 

5 with expertise in first responder disciplines; 

6 and 

7 ‘‘(iv) State and local officials with ex8 pertise in terrorism preparedness and other 

9 emergency preparedness. 

10 ‘‘(B) COORDINATION WITH THE DEPART11 MENT OF HEALTH AND HUMAN SERVICES.—In 

12 the selection of members of the Task Force who 

13 are health professionals, including emergency 

14 medical professionals, the Secretary shall coordi15 nate the selection with the Secretary of Health 

16 and Human Services. 

17 ‘‘(C) EX OFFICIO MEMBERS.—The Secretary 

18 shall designate 1 or more officers of the Depart19 ment to serve as ex officio members of the Task 

20 Force. One of the ex officio members from the De21 partment shall be the designated officer of the 

22 Federal Government for purposes of subsection 

23 (e) of section 10 of the Federal Advisory Com24 mittee Act (5 U.S.C. App.). 
59 

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1 ‘‘(5) APPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT.—Notwithstanding section 871(a), the 

3 Federal Advisory Committee Act (5 U.S.C. App.), in4 cluding subsections (a), (b), and (d) of section 10 of 

5 the Federal Advisory Committee Act, and section 

6 552b(c) of title 5, United States Code, shall apply to 

7 the Task Force. 

8 ‘‘SEC. 1804. THREAT-BASED HOMELAND SECURITY GRANT 

9 PROGRAM. 

10 ‘‘(a) ESTABLISHMENT.— 

11 ‘‘(1) IN GENERAL.—There is established the 

12 Threat-Based Homeland Security Grant Program, 

13 which includes— 

14 ‘‘(A) formula-based grants for State and 

15 local programs administered by the Office of 

16 State and Local Government Coordination and 

17 Preparedness, including the State Homeland Se18 curity Grant Program, and the Law Enforce19 ment Terrorism Prevention Program under sec20 tion 1014 of the USA PATRIOT ACT (42 

21 U.S.C. 3714); 

22 ‘‘(B) discretionary grants for State and 

23 local programs administered by the Office of 

24 State and Local Government Coordination and 

25 Preparedness for use in high-threat, high-density 
60 

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1 urban areas, including the Urban Area Security 

2 Initiative Program; and 

3 ‘‘(C) any successor program to any program 

4 described in subparagraph (A) or (B). 

5 ‘‘(2) GRANTS AUTHORIZED.—The Secretary may 

6 award grants to States and eligible metropolitan re7 gions under the Threat-Based Homeland Security 

8 Grant Program to enhance homeland security. 

9 ‘‘(3) RELATIONSHIP TO OTHER LAWS.—The 

10 Threat-Based Homeland Security Grant Program 

11 shall be deemed to satisfy the requirements of section 

12 1014 of the USA PATRIOT ACT (42 U.S.C. 3714). 

13 The allocation of grants authorized under this section 

14 shall be governed by the terms of this section and not 

15 by any other provision of law. 

16 ‘‘(b) USE OF FUNDS.— 

17 ‘‘(1) IN GENERAL.—Grants awarded under this 

18 section— 

19 ‘‘(A) shall be used to address homeland secu20 rity matters related to acts of terrorism or cata21 strophic events, related capacity building, or oth22 erwise addressing shortfalls in essential capabili23 ties; and 
61 

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1 ‘‘(B) shall not be used to supplant ongoing 

2 emergency response expenses or general protective 

3 measures. 

4 ‘‘(2) ALLOWABLE USES.—Grants awarded under 

5 this section may be used to achieve essential capabili6 ties through— 

7 ‘‘(A) developing State or regional plans or 

8 risk assessments (including the development of 

9 the homeland security plan under subsection (e)) 

10 to respond to terrorist attacks or other cata11 strophic events and community wide plans for 

12 responding to terrorist or catastrophic events 

13 that are coordinated with the capacities of appli14 cable Federal, State, and local governments, 

15 emergency response providers, and State and 

16 local government health agencies; 

17 ‘‘(B) developing State, regional, or local 

18 mutual aid agreements; 

19 ‘‘(C) purchasing, upgrading, storing, or 

20 maintaining equipment based on State and local 

21 needs as identified under a State homeland secu22 rity plan, consistent with essential capability 

23 needs; 

24 ‘‘(D) conducting exercises to strengthen 

25 emergency preparedness of State and local first 
62 

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1 responders including law enforcement, fire2 fighting personnel, and emergency medical serv3 ice workers, and other emergency responders 

4 identified in a State homeland security plan; 

5 ‘‘(E) paying for expenses relating to— 

6 ‘‘(i) overtime regarding training ac7 tivities consistent with the goals outlined in 

8 a State homeland security plan; and 

9 ‘‘(ii) as determined by the Secretary, 

10 overtime activities relating to an increase 

11 in the threat level under the Homeland Se12 curity Advisory System; 

13 ‘‘(F) promoting training relating to home14 land security preparedness including— 

15 ‘‘(i) emergency preparedness responses 

16 to a use or threatened use of a weapon of 

17 mass destruction; and 

18 ‘‘(ii) training in the use of equipment, 

19 including detection, monitoring, and decon20 tamination equipment, and personal protec21 tive gear; 

22 ‘‘(G) conducting any activity permitted 

23 under the Law Enforcement Terrorism Preven24 tion Grant Program under section 1014 of the 

25 USA PATRIOT ACT (42 U.S.C. 3714); and 
63 

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1 ‘‘(H) any other activity relating to achiev2 ing essential capabilities approved by the Sec3 retary. 

4 ‘‘(3) PROHIBITED USES.—Grants awarded under 

5 this section may not be used to construct buildings or 

6 other physical facilities, except those described in sec7 tion 611 of the Robert T. Stafford Disaster Relief and 

8 Emergency Assistance Act (42 U.S.C. 5196) and ap9 proved by the Secretary in the homeland security 

10 plan certified under subsection (e), or to acquire land. 

11 ‘‘(c) EQUIPMENT STANDARDS.—If an applicant for a 

12 grant under this section proposes to upgrade or purchase, 

13 with assistance provided under the grant, new equipment 

14 or systems that do not meet or exceed any applicable na15 tional voluntary consensus standards established by the Sec16 retary under section 1807(a), the applicant shall include 

17 in the application an explanation of why such equipment 

18 or systems will serve the needs of the applicant better than 

19 equipment or systems that meet or exceed such standards. 

20 ‘‘(d) APPLICATION.— 

21 ‘‘(1) STATES.— 

22 ‘‘(A) SUBMISSION.—A State may apply for 

23 a grant under this section by submitting to the 

24 Secretary an application detailing how requested 

25 funds would be used to achieve essential capabili-
64 

•S 21 RS

1 ties and containing such other information the 

2 Secretary may reasonably require. 

3 ‘‘(B) REVISIONS.—A State may revise a 

4 homeland security plan certified under sub5 section (e) at the time an application is sub6 mitted under subparagraph (A) after receiving 

7 approval from the Secretary. 

8 ‘‘(C) APPROVAL.—The Secretary shall not 

9 award a grant under this section unless— 

10 ‘‘(i) the State submitting the applica11 tion has previously submitted a homeland 

12 security plan meeting the requirements of 

13 subsection (e); and 

14 ‘‘(ii) the Secretary finds that the report 

15 submitted by the recipient under subsection 

16 (g) demonstrates satisfactory progress to17 ward achieving essential capabilities. 

18 ‘‘(D) RELEASE OF FUNDS.—The Secretary 

19 shall release grant funds to States with approved 

20 plans after the approval of an application sub21 mitted under this paragraph. 

22 ‘‘(2) ELIGIBLE METROPOLITAN REGIONS.— 

23 ‘‘(A) SUBMISSION.—An eligible metropoli24 tan region may apply for a grant under this sec25 tion by submitting an application through the 
65 

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1 Governor of each State within which any part of 

2 the relevant metropolitan region is located. 

3 ‘‘(B) CONTENTS.—An application under 

4 this paragraph shall include— 

5 ‘‘(i) a description of how requested 

6 funds would be used to achieve essential ca7 pabilities; 

8 ‘‘(ii) an explanation of how the pro9 posed use of funds would be consistent with 

10 the homeland security plans of all relevant 

11 States; 

12 ‘‘(iii) a geographic description of the 

13 eligible metropolitan region, including a list 

14 of all local governments participating in the 

15 application; 

16 ‘‘(iv) an explanation of how the appli17 cant intends to expend funds under the 

18 grant, to administer such funds, and to al19 locate such funds among the participating 

20 local governments; 

21 ‘‘(v) if not all of the incorporated mu22 nicipalities, counties, parishes, or Indian 

23 tribes in a metropolitan region are partici24 pating in the application, or if additional 

25 local governments outside the metropolitan 
66 

•S 21 RS

1 region are participating, an explanation of 

2 why the eligible metropolitan region, as con3 stituted, is an appropriate unit to receive 

4 grants to prevent, prepare for, and respond 

5 to acts of terrorism and other catastrophic 

6 events; and 

7 ‘‘(vi) such other information the Sec8 retary may reasonably require. 

9 ‘‘(C) STATE REVIEW AND SUBMISSION.— 

10 ‘‘(i) IN GENERAL.—To ensure consist11 ency with State homeland security plans, 

12 an eligible metropolitan region applying for 

13 a grant under this paragraph shall submit 

14 its application to each State within which 

15 any part of the eligible metropolitan region 

16 is located for review before submission of 

17 such application to the Secretary. 

18 ‘‘(ii) DEADLINE.—Not later than 30 

19 days after receiving an application from an 

20 eligible metropolitan region, each such State 

21 shall transmit the application to the Sec22 retary. 

23 ‘‘(iii) STATE DISAGREEMENT.—If the 

24 Governor of any such State determines that 

25 a regional application is inconsistent with 
67 

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1 the State homeland security plan of that 

2 State, or otherwise does not support the ap3 plication, the Governor shall— 

4 ‘‘(I) notify the Secretary, in writ5 ing, of that fact; and 

6 ‘‘(II) provide an explanation of 

7 the reasons for not supporting the ap8 plication at the time of transmission of 

9 the application. 

10 ‘‘(e) HOMELAND SECURITY PLAN.— 

11 ‘‘(1) IN GENERAL.—A State applying for a grant 

12 under this section shall have a 3-year State homeland 

13 security plan (referred to in this subsection as the 

14 ‘plan’) to respond to terrorist attacks and other cata15 strophic events that has been approved by the Sec16 retary. 

17 ‘‘(2) CONTENTS.—The plan shall contain— 

18 ‘‘(A) a 3-year strategy to— 

19 ‘‘(i) ensure that the funds allocated to 

20 local governments are used exclusively to 

21 meet the needs and capabilities described 

22 under paragraph (3)(C); 

23 ‘‘(ii) provide for interoperable commu24 nications; 
68 

•S 21 RS

1 ‘‘(iii) provide for local coordination of 

2 response and recovery efforts, including pro3 cedures for effective incident command in 

4 conformance with the National Incident 

5 Management System; 

6 ‘‘(iv) ensure that first responders and 

7 other emergency personnel have adequate 

8 training and appropriate equipment for the 

9 threats that may occur; 

10 ‘‘(v) provide for improved coordination 

11 and collaboration among law enforcement, 

12 fire, and public health authorities at Fed13 eral, State, local, and tribal government lev14 els; 

15 ‘‘(vi) coordinate emergency response 

16 and public health plans; 

17 ‘‘(vii) mitigate risks to critical infra18 structure that may be vulnerable to terrorist 

19 attacks; 

20 ‘‘(viii) promote regional coordination 

21 among contiguous local governments; 

22 ‘‘(ix) identify necessary protective 

23 measures by private owners of critical in24 frastructure; 
69 

•S 21 RS

1 ‘‘(x) promote orderly evacuation proce2 dures when necessary; 

3 ‘‘(xi) ensure support from the public 

4 health community for measures needed to 

5 prevent, detect, and treat bioterrorism, and 

6 radiological and chemical incidents; 

7 ‘‘(xii) increase the number of local ju8 risdictions participating in local and state9 wide exercises; and 

10 ‘‘(xiii) meet preparedness goals as de11 termined by the Secretary; 

12 ‘‘(B) objective measures for assessing the ex13 tent to which the goals and objectives set forth in 

14 paragraph (A) have been achieved; 

15 ‘‘(C) priorities for the allocation of funding 

16 to local governments based on the risk, capabili17 ties, and needs described under paragraph 

18 (3)(C); and 

19 ‘‘(D) a report from the relevant advisory 

20 committee established under paragraph (3)(D) 

21 that documents the areas of support, disagree22 ment, or recommended changes to the plan before 

23 its submission to the Secretary. 

24 ‘‘(3) DEVELOPMENT PROCESS.— 
70 

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1 ‘‘(A) IN GENERAL.—In preparing the plan 

2 under this section, a State shall— 

3 ‘‘(i) provide for the consideration of all 

4 homeland security needs; 

5 ‘‘(ii) follow a process that is con6 tinuing, inclusive, cooperative, and com7 prehensive, as appropriate; and 

8 ‘‘(iii) coordinate the development of the 

9 plan with the homeland security planning 

10 activities of local governments. 

11 ‘‘(B) COORDINATION WITH LOCAL PLANNING

12 ACTIVITIES.—The coordination under subpara13 graph (A)(iii) shall contain input from local 

14 stakeholders, including— 

15 ‘‘(i) local officials, including represent16 atives of rural, high-population, and high17 threat jurisdictions and of Indian tribes; 

18 ‘‘(ii) emergency response providers; 

19 and 

20 ‘‘(iii) private sector companies that 

21 own or operate critical infrastructure. 

22 ‘‘(C) SCOPE OF PLANNING.—Each State 

23 preparing a plan under this section shall, in 

24 conjunction with the local stakeholders under 

25 subparagraph (B), address all the information 
71 

•S 21 RS

1 requested by the Secretary, and complete a com2 prehensive assessment of— 

3 ‘‘(i) risk, including a— 

4 ‘‘(I) vulnerability and consequence 

5 assessment; 

6 ‘‘(II) threat assessment; and 

7 ‘‘(III) public health assessment, in 

8 coordination with the State bioter9 rorism plan; and 

10 ‘‘(ii) capabilities and needs, consistent 

11 with the essential capabilities established by 

12 the Secretary, including— 

13 ‘‘(I) an evaluation of current pre14 paredness, mitigation, and response ca15 pabilities based on such assessment 

16 mechanisms as shall be determined by 

17 the Secretary; 

18 ‘‘(II) an evaluation of capabilities 

19 needed to address the risks described 

20 under clause (i); and 

21 ‘‘(III) an assessment of the short22 fall between the capabilities described 

23 under subclause (I) and the required 

24 capabilities described under subclause 

25 (II). 
72 

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1 ‘‘(D) ADVISORY COMMITTEE.— 

2 ‘‘(i) IN GENERAL.—Each State pre3 paring a plan under this section shall estab4 lish an advisory committee to receive com5 ments from the public and the local stake6 holders identified under subparagraph (B). 

7 ‘‘(ii) COMPOSITION.— 

8 ‘‘(I) IN GENERAL.—The Advisory 

9 Committee shall include— 

10 ‘‘(aa) local officials; and 

11 ‘‘(bb) emergency response 

12 providers, which shall include rep13 resentatives of the fire service, law 

14 enforcement, emergency medical 

15 response, and emergency man16 agers. 

17 ‘‘(II) GEOGRAPHIC REPRESENTA18 TION.—The members of the Advisory 

19 Committee shall be a representative 

20 group of individuals from the counties, 

21 cities, towns, and Indian tribes within 

22 the State, including representatives of 

23 rural, high-population, and high-threat 

24 jurisdictions. 
73 

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1 ‘‘(4) PLAN APPROVAL.—The Secretary shall ap2 prove a plan upon finding that the plan meets the re3 quirements of— 

4 ‘‘(A) paragraphs (2) and (3); and 

5 ‘‘(B) any other criteria the Secretary deter6 mines necessary to the approval of a State plan. 

7 ‘‘(5) REVIEW OF ADVISORY COMMITTEE RE8 PORT.—The Secretary shall review the recommenda9 tions of the advisory committee report incorporated 

10 into a plan under subsection (e)(2)(D), including any 

11 dissenting views submitted by advisory committee 

12 members, to ensure cooperation and coordination be13 tween State and local government jurisdictions in 

14 planning for the use of grant funds under this section. 

15 ‘‘(f) ALLOCATION.— 

16 ‘‘(1) SLIDING SCALE BASELINE DISTRIBUTION.— 

17 ‘‘(A) STATES.—Each State whose applica18 tion is approved under subsection (d) shall re19 ceive, for each fiscal year, the greater of— 

20 ‘‘(i) 0.55 percent of the amounts ap21 propriated for the Threat-Based Homeland 

22 Security Grant Program; or 

23 ‘‘(ii) the State’s sliding scale baseline 

24 allocation of 28.62 percent of the amounts 
74 

•S 21 RS

1 appropriated for the Threat-Based Home2 land Security Grant Program. 

3 ‘‘(B) OTHER ENTITIES.—Notwithstanding 

4 subparagraph (A)— 

5 ‘‘(i) the District of Columbia shall re6 ceive for each fiscal year 0.55 percent of the 

7 amounts appropriated for the Threat-Based 

8 Homeland Security Grant Program; 

9 ‘‘(ii) the Commonwealth of Puerto Rico 

10 shall receive for each fiscal year 0.35 per11 cent of the amounts appropriated for the 

12 Threat-Based Homeland Security Grant 

13 Program; 

14 ‘‘(iii) American Samoa, the Common15 wealth of the Northern Mariana Islands, 

16 Guam, and the Virgin Islands shall each re17 ceive 0.055 percent of the amounts appro18 priated for the Threat-Based Homeland Se19 curity Grant Program; and 

20 ‘‘(iv) no possession of the United States 

21 shall receive a baseline distribution under 

22 subparagraph (A). 

23 ‘‘(2) URBAN AREA SECURITY INITIATIVE DIS24 TRIBUTION.— 
75 

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1 ‘‘(A) IN GENERAL.—After the distribution 

2 under paragraph (1), the Secretary may allocate 

3 up to 50 percent of the funds remaining to pro4 vide grants to eligible metropolitan regions. 

5 ‘‘(B) CRITERIA.— 

6 ‘‘(i) IN GENERAL.—The Secretary shall 

7 allocate the grants under this paragraph to 

8 assist eligible metropolitan regions to 

9 achieve essential capabilities to effectively 

10 prevent, prepare for, and respond to acts of 

11 terrorism or other catastrophic events. 

12 ‘‘(ii) PRIORITIZATION.—In prioritizing 

13 among the applications of eligible metro14 politan regions for such funds, the Secretary 

15 shall consider the relative threat, vulner16 ability, and consequences faced by an eligi17 ble metropolitan region from a terrorist at18 tack, including consideration of— 

19 ‘‘(I) whether there has been a 

20 prior terrorist attack in the eligible 

21 metropolitan region; 

22 ‘‘(II) whether any part of the eli23 gible metropolitan region has ever had 

24 a higher threat level under the Home25 land Security Advisory System than 
76 

•S 21 RS

1 the threat level for the United States as 

2 a whole; 

3 ‘‘(III) the population of the eligi4 ble metropolitan region, except that the 

5 Secretary shall not establish a min6 imum population requirement that 

7 would disqualify from consideration a 

8 locality that otherwise faces significant 

9 threats, vulnerabilities, or consequences 

10 from acts of terrorism; 

11 ‘‘(IV) the population density of 

12 the eligible metropolitan region; 

13 ‘‘(V) the degree of threat, vulner14 ability, and consequence to the eligible 

15 metropolitan region related to critical 

16 infrastructure or key assets identified 

17 by the Secretary or State homeland se18 curity plan, including threats, 

19 vulnerabilities, and consequences from 

20 critical infrastructure in nearby juris21 dictions; 

22 ‘‘(VI) whether the eligible metro23 politan region is at or near an inter24 national border; 
77 

•S 21 RS

1 ‘‘(VII) whether the eligible metro2 politan region has a coastline bor3 dering ocean or international waters; 

4 ‘‘(VIII) threats, vulnerabilities, 

5 and consequences faced by the eligible 

6 metropolitan region related to at-risk 

7 sites or activities in nearby jurisdic8 tions, including the need to respond to 

9 terrorist attacks arising in those juris10 dictions; 

11 ‘‘(IX) the extent to which the eli12 gible metropolitan region has unmet 

13 essential capabilities; 

14 ‘‘(X) the extent to which the ap15 plication of the eligible metropolitan 

16 region includes all incorporated mu17 nicipalities, counties, parishes, and In18 dian tribes within the relevant metro19 politan region; and 

20 ‘‘(XI) such other factors as are 

21 specified in writing by the Secretary. 

22 ‘‘(C) DISTRIBUTION OF AWARDS TO METRO23 POLITAN REGIONS.— 

24 ‘‘(i) IN GENERAL.—If the Secretary 

25 approves the application of an eligible met-
78 

•S 21 RS

1 ropolitan region for a grant under this sec2 tion, the Secretary shall distribute the re3 gional grant funds to the State or States in 

4 which the eligible metropolitan region is lo5 cated. 

6 ‘‘(ii) STATE DISTRIBUTION OF

7 FUNDS.—Each State shall provide the eligi8 ble metropolitan region not less than 80 

9 percent of the grant funds. Any funds re10 tained by a State shall be expended on 

11 items or services approved by the Secretary 

12 and that benefit the eligible metropolitan re13 gion. 

14 ‘‘(iii) MULTISTATE REGIONS.—If parts 

15 of an eligible metropolitan region awarded 

16 a grant are located in 2 or more States, the 

17 Secretary shall distribute to each such State 

18 a portion of the grant funds in proportion 

19 to that State’s share of the population of the 

20 eligible metropolitan region, unless the Gov21 ernors of each State (or in the case of the 

22 District of Columbia, the Mayor) agree oth23 erwise. 

24 ‘‘(3) THREAT-BASED DISTRIBUTION TO

25 STATES.— 
79 

•S 21 RS

1 ‘‘(A) IN GENERAL.—After the distribution of 

2 funds under paragraphs (1) and (2), the Sec3 retary shall, from the remaining funds for the 

4 Threat-Based Homeland Security Grant Pro5 gram, distribute amounts to each State to assist 

6 that State in achieving essential capabilities to 

7 effectively prevent, prepare for, and respond to 

8 acts of terrorism and other catastrophic events. 

9 ‘‘(B) PRIORITIZATION.—In prioritizing 

10 among State applications for such funds, the 

11 Secretary shall— 

12 ‘‘(i) consider the relative threat, vul13 nerability, and consequences faced by a 

14 State from a terrorist attack, including con15 sideration of— 

16 ‘‘(I) whether there has been a 

17 prior terrorist attack in a metropolitan 

18 region that is wholly or partly in the 

19 State, or in the State itself; 

20 ‘‘(II) whether any part of the 

21 State has ever had a higher threat level 

22 under the Homeland Security Advisory 

23 System than the threat level for the 

24 United States as a whole; 
80 

•S 21 RS

1 ‘‘(III) the percent of a State’s 

2 population residing in metropolitan 

3 statistical areas, as defined by the Of4 fice of Management and Budget; 

5 ‘‘(IV) the degree of threat, vulner6 ability, and consequence related to crit7 ical infrastructure or key assets identi8 fied by the Secretary or State home9 land security plan; 

10 ‘‘(V) whether the State has an 

11 international border; 

12 ‘‘(VI) whether the State has a 

13 coastline bordering ocean or inter14 national waters; 

15 ‘‘(VII) threats, vulnerabilities, 

16 and consequences faced by a State re17 lated to at-risk sites or activities in ad18 jacent States, including the need to re19 spond to terrorist attacks arising in 

20 adjacent States; 

21 ‘‘(VIII) the extent to which the 

22 State has unmet essential capabilities; 

23 and 
81 

•S 21 RS

1 ‘‘(IX) such other factors as are 

2 specified in writing by the Secretary; 

3 and 

4 ‘‘(ii) balance the goal of ensuring that 

5 the essential capabilities of the highest-risk 

6 areas are achieved quickly and the goal of 

7 ensuring that basic levels of preparedness, 

8 as measured by the attainment of essential 

9 capabilities, are achieved nationwide. 

10 ‘‘(4) FUNDING FOR LOCAL GOVERNMENTS AND

11 FIRST RESPONDERS.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall re13 quire recipients of the sliding scale baseline dis14 tribution and the threat-based distribution to 

15 States to make available to local governments 

16 and emergency response providers, consistent 

17 with the applicable State homeland security 

18 plan, not less than 80 percent of the grant funds, 

19 the resources purchased with such grant funds, 

20 or a combination thereof, not later than 60 days 

21 after receiving grant funding. 

22 ‘‘(B) INDIAN TRIBES.—States shall be re23 sponsible for allocating Federal resources to trib24 al communities in order to help those tribal com25 munities achieve essential capabilities. Indian 
82 

•S 21 RS

1 tribes shall be eligible for funding directly from 

2 the States, and shall not be required to seek 

3 funding from any local government. 

4 ‘‘(C) EXCEPTION.—Subparagraph (A) shall 

5 not apply to the District of Columbia, the Com6 monwealth of Puerto Rico, American Samoa, the 

7 Commonwealth of the Northern Mariana Islands, 

8 Guam, and the Virgin Islands. 

9 ‘‘(5) SUPPLEMENT NOT SUPPLANT.—Amounts 

10 appropriated for grants under this subsection shall be 

11 used to supplement and not supplant other State and 

12 local government public funds obligated for the pur13 poses provided under this title. 

14 ‘‘(6) LAW ENFORCEMENT TERRORISM PREVEN15 TION PROGRAM.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 designate not more than 25 percent of the 

18 amounts authorized under this section to be used 

19 for the Law Enforcement Terrorism Prevention 

20 Program under section 1014 of the USA PA21 TRIOT ACT (42 U.S.C. 3714) to provide grants 

22 to law enforcement agencies to enhance capabili23 ties for terrorism prevention. 
83 

•S 21 RS

1 ‘‘(B) USE OF FUNDS.—Notwithstanding 

2 subsection (b), grants awarded under this para3 graph may be used for— 

4 ‘‘(i) information sharing to preempt 

5 terrorist attacks; 

6 ‘‘(ii) target hardening to reduce the 

7 vulnerability of selected high value targets; 

8 ‘‘(iii) threat recognition to recognize 

9 the potential or development of a threat; 

10 ‘‘(iv) intervention activities to inter11 dict terrorists before they can execute a 

12 threat; 

13 ‘‘(v) interoperable communication sys14 tems; 

15 ‘‘(vi) overtime expenses related to the 

16 homeland security plan approved by the 

17 Secretary, including overtime costs associ18 ated with providing enhanced law enforce19 ment operations in support of Federal agen20 cies for increased border security and border 

21 crossing enforcement; and 

22 ‘‘(vii) any other terrorism prevention 

23 activity authorized by the Secretary. 
84 

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1 ‘‘(g) REPORT ON HOMELAND SECURITY SPENDING.— 

2 Each recipient of a grant under this section shall annually 

3 submit a report to the Secretary that contains— 

4 ‘‘(1) an accounting of the amount of State and 

5 local government funds spent on homeland security 

6 activities under the applicable State homeland secu7 rity plan; 

8 ‘‘(2) information regarding the use of grant 

9 funds by the State and by units of local government 

10 as required by the Secretary; and 

11 ‘‘(3) progress of the recipient and subgrantees in 

12 achieving essential capabilities. 

13 ‘‘(h) ACCOUNTABILITY.— 

14 ‘‘(1) GOVERNMENT ACCOUNTABILITY OFFICE AC15 CESS TO INFORMATION.—Each recipient of a grant 

16 under this section and the Department shall provide 

17 the Government Accountability Office with full access 

18 to information regarding the activities carried out 

19 under this section. 

20 ‘‘(2) AUDIT.—Grant recipients that expend 

21 $500,000 or more in Federal funds during any fiscal 

22 year shall submit to the Secretary an organization 

23 wide financial and compliance audit report in con24 formance with the requirements of chapter 75 of title 

25 31, United States Code. 
85 

•S 21 RS

1 ‘‘(i) REMEDIES FOR NON-COMPLIANCE.— 

2 ‘‘(1) IN GENERAL.—If the Secretary finds, after 

3 reasonable notice and an opportunity for a hearing, 

4 that a recipient of a grant under this section has 

5 failed to substantially comply with any provision of 

6 this section, or with any regulations or guidelines of 

7 the Department regarding eligible expenditures, the 

8 Secretary shall— 

9 ‘‘(A) terminate any payment of grant funds 

10 to be made to the recipient under this section; 

11 ‘‘(B) reduce the amount of payment of 

12 grant funds to the recipient by an amount equal 

13 to the amount of grants funds that were not ex14 pended by the recipient in accordance with this 

15 section; or 

16 ‘‘(C) limit the use of grant funds received 

17 under this section to programs, projects, or ac18 tivities not affected by the failure to comply. 

19 ‘‘(2) DURATION OF PENALTY.—The Secretary 

20 shall apply an appropriate penalty under paragraph 

21 (1) until such time as the Secretary determines that 

22 the grant recipient is in full compliance with this sec23 tion or with applicable guidelines or regulations of 

24 the Department. 
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1 ‘‘(3) DIRECT FUNDING.—If a State fails to sub2 stantially comply with any provision of this section 

3 or with applicable guidelines or regulations of the De4 partment, including failing to provide local govern5 ments with grant funds or resources purchased with 

6 grant funds in a timely fashion, a local government 

7 entitled to receive such grant funds or resources may 

8 petition the Secretary, at such time and in such man9 ner as determined by the Secretary, to request that 

10 grant funds or resources be provided directly to the 

11 local government. 

12 ‘‘(j) REPORTS TO CONGRESS.—The Secretary shall 

13 submit an annual report to Congress that provides— 

14 ‘‘(1) the status of preparedness goals and objec15 tives; 

16 ‘‘(2) an evaluation of how States and local gov17 ernments are making progress in achieving essential 

18 capabilities; 

19 ‘‘(3) the total amount of resources provided to the 

20 States; 

21 ‘‘(4) the total amount of resources provided to 

22 local governments and metropolitan regions; and 

23 ‘‘(5) an accounting of how these resources were 

24 expended. 
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1 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this sec3 tion— 

4 ‘‘(1) $2,925,000,000 for fiscal year 2006; 

5 ‘‘(2) $2,925,000,000 for fiscal year 2007; and 

6 ‘‘(3) such sums as are necessary for each fiscal 

7 year thereafter. 

8 ‘‘SEC. 1805. ELIMINATING HOMELAND SECURITY FRAUD, 

9 WASTE, AND ABUSE. 

10 ‘‘(a) ANNUAL GOVERNMENT ACCOUNTABILITY OFFICE

11 AUDIT AND REPORT.— 

12 ‘‘(1) AUDIT.—The Comptroller General of the 

13 United States shall conduct an annual audit of the 

14 Threat-Based Homeland Security Grant Program. 

15 ‘‘(2) REPORT.—The Comptroller General of the 

16 United States shall provide a report to Congress on 

17 the results of the audit conducted under paragraph 

18 (1), which includes— 

19 ‘‘(A) an analysis of whether the grant re20 cipients allocated funding consistent with the 

21 State homeland security plan and the guidelines 

22 established by the Department; and 

23 ‘‘(B) the amount of funding devoted to over24 time and administrative expenses. 
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1 ‘‘(b) REVIEWS OF THREAT-BASED HOMELAND SECU2 RITY FUNDING.—The Secretary shall conduct periodic re3 views of grants made through the Threat Based Homeland 

4 Security Grant Program to ensure that recipients allocate 

5 funds consistent with the guidelines established by the De6 partment. 

7 ‘‘SEC. 1806. FLEXIBILITY IN UNSPENT HOMELAND SECURITY 

8 FUNDS. 

9 ‘‘(a) REALLOCATION OF FUNDS.—The Director of the 

10 Office for Domestic Preparedness shall allow any State to 

11 request approval to reallocate funds received pursuant to 

12 appropriations for the State Homeland Security Grant 

13 Program under Public Laws 105–277 (112 Stat. 2681 et 

14 seq.), 106–113 (113 Stat. 1501A–3 et seq.), 106–553 (114 

15 Stat. 2762A–3 et seq.), 107–77 (115 Stat. 78 et seq.), or 

16 the Consolidated Appropriations Resolution of 2003 (Public 

17 Law 108–7), among the 4 categories of equipment, training, 

18 exercises, and planning. 

19 ‘‘(b) APPROVAL OF REALLOCATION REQUESTS.—The 

20 Director shall approve reallocation requests under sub21 section (a) in accordance with the State homeland security 

22 plan and any other relevant factors that the Secretary de23 termines to be necessary. 

24 ‘‘(c) LIMITATION.—A waiver under this section shall 

25 not affect the obligation of a State to make available 80 
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1 percent of the amount appropriated for equipment to units 

2 of local government. 

3 ‘‘SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER 

4 EQUIPMENT AND TRAINING. 

5 ‘‘(a) EQUIPMENT STANDARDS.— 

6 ‘‘(1) IN GENERAL.—The Secretary, in consulta7 tion with the Under Secretaries for Emergency Pre8 paredness and Response and Science and Technology 

9 (including a representative of the United States Fire 

10 Administration) and the Executive Director of the Of11 fice for State and Local Government Coordination 

12 and Preparedness, shall support the development of, 

13 promulgate, and update as necessary national vol14 untary consensus standards for the performance, use, 

15 and validation of first responder equipment for pur16 poses of section 1804(c). 

17 ‘‘(2) STANDARDS.—Standards under this sub18 section shall— 

19 ‘‘(A) be, to the maximum extent practicable, 

20 consistent with any existing voluntary consensus 

21 standards; 

22 ‘‘(B) take into account, as appropriate, new 

23 types of terrorism threats that may not have 

24 been contemplated when such existing standards 

25 were developed; 
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1 ‘‘(C) be focused on maximizing interoper2 ability, interchangeability, durability, flexibility, 

3 efficiency, efficacy, portability, sustainability, 

4 and safety; and 

5 ‘‘(D) cover all appropriate uses of the equip6 ment. 

7 ‘‘(b) TRAINING STANDARDS.— 

8 ‘‘(1) IN GENERAL.—The Secretary, in consulta9 tion with the Under Secretaries for Emergency Pre10 paredness and Response and Science and Technology 

11 (including a representative of the United States Fire 

12 Administration) and the Director of the Office for Do13 mestic Preparedness, shall support the development of, 

14 promulgate, and regularly update as necessary na15 tional voluntary consensus standards for first re16 sponder training that will enable State and local gov17 ernment first responders to achieve optimal levels of 

18 terrorism preparedness as quickly as practicable. 

19 ‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA20 TIONS.—In establishing national voluntary consensus 

21 standards for first responder equipment and training under 

22 this section, the Secretary shall consult with relevant public 

23 and private sector groups, including— 

24 ‘‘(1) the National Institute of Standards and 

25 Technology; 
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1 ‘‘(2) the National Fire Protection Association; 

2 ‘‘(3) the American National Standards Institute; 

3 ‘‘(4) the National Institute of Justice; 

4 ‘‘(5) the National Institute for Occupational 

5 Safety and Health; and 

6 ‘‘(6) to the extent the Secretary considers appro7 priate, other national voluntary consensus standards 

8 development organizations, other interested Federal, 

9 State, and local agencies, and other interested per10 sons. 

11 ‘‘(d) COORDINATION WITH SECRETARY OF HHS.—In 

12 establishing any national voluntary consensus standards 

13 under this section for first responder equipment or training 

14 that involve or relate to health professionals, including 

15 emergency medical professionals, the Secretary shall coordi16 nate activities under this section with the Secretary of 

17 Health and Human Services. 

18 ‘‘SEC. 1808. CERTIFICATION RELATIVE TO THE SCREENING 

19 OF MUNICIPAL SOLID WASTE TRANSPORTED 

20 INTO THE UNITED STATES. 

21 ‘‘(a) DEFINITION.—In this section, the term ‘munic22 ipal solid waste’ includes sludge (as defined in section 1004 

23 of the Solid Waste Disposal Act (42 U.S.C. 6903)). 

24 ‘‘(b) REPORTS TO CONGRESS.—Not later than 90 days 

25 after the date of enactment of this section, the Bureau of 
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1 Customs and Border Protection shall submit a report to 

2 Congress that— 

3 ‘‘(1) indicates whether the methodologies and 

4 technologies used by the Bureau to screen for and de5 tect the presence of chemical, nuclear, biological, and 

6 radiological weapons in municipal solid waste are as 

7 effective as the methodologies and technologies used by 

8 the Bureau to screen for such materials in other items 

9 of commerce entering into the United States by com10 mercial motor vehicle transport; and 

11 ‘‘(2) if the methodologies and technologies used to 

12 screen solid waste are less effective than those used to 

13 screen other commercial items, identifies the actions 

14 that the Bureau will take to achieve the same level of 

15 effectiveness in the screening of solid waste, including 

16 the need for additional screening technologies. 

17 ‘‘(c) IMPACT ON COMMERCIAL MOTOR VEHICLES.—If 

18 the Bureau of Customs and Border Protection fails to fully 

19 implement the actions described in subsection (b)(2) before 

20 the earlier of 6 months after the date on which the report 

21 is due under subsection (b) or 6 months after the date on 

22 which such report is submitted, the Secretary shall deny 

23 entry into the United States of any commercial motor vehi24 cle (as defined in section 31101(1) of title 49, United States 

25 Code) carrying municipal solid waste until the Secretary 
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1 certifies to Congress that the methodologies and technologies 

2 used by the Bureau to screen for and detect the presence 

3 of chemical, nuclear, biological, and radiological weapons 

4 in such waste are as effective as the methodologies and tech5 nologies used by the Bureau to screen for such materials 

6 in other items of commerce entering into the United States 

7 by commercial motor vehicle transport.’’. 

8 (b) FIRE SERVICES.—Section 2(6) of the Homeland 

9 Security Act of 2002 (6 U.S.C. 101(6)) is amended by in10 serting ‘‘(including fire services)’’ after ‘‘local emergency 

11 public safety’’. 

12 (c) TECHNICAL AND CONFORMING AMENDMENT.—The 

13 table of contents in section 1(b) of the Homeland Security 

14 Act of 2002 (6 U.S.C. 101 note) is amended by adding at 

15 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.’’. 

16 SEC. 5. COMMUNICATION SYSTEM GRANTS. 

17 (a) IN GENERAL.— 

18 (1) ESTABLISHMENT.—There is established in 

19 the Department of Homeland Security an Inter-
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1 national Border Community Interoperable Commu2 nications Demonstration Project (referred to in this 

3 section as ‘‘demonstration projects’’). 

4 (2) MINIMUM NUMBER OF COMMUNITIES.—The 

5 Secretary of Homeland Security shall select no fewer 

6 than 6 communities to participate in a demonstra7 tion project. 

8 (3) LOCATION OF COMMUNITIES.—No fewer than 

9 3 of the communities selected under paragraph (2) 

10 shall be located on the northern border of the United 

11 States and no fewer than 3 of the communities se12 lected under paragraph (2) shall be located on the 

13 southern border of the United States. 

14 (b) PROGRAM REQUIREMENTS.—The demonstration 

15 projects shall— 

16 (1) address the interoperable communications 

17 needs of police officers, firefighters, emergency medical 

18 technicians, National Guard, and other emergency re19 sponse providers, as defined in the Homeland Secu20 rity Act of 2002; 

21 (2) foster interoperable communications— 

22 (A) among Federal, State, local, and tribal 

23 government agencies in the United States in24 volved in preventing or responding to terrorist 

25 attacks or other catastrophic events; and 
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1 (B) with similar agencies in Canada or 

2 Mexico; 

3 (3) identify common international cross-border 

4 frequencies for communications equipment, including 

5 radio or computer messaging equipment; 

6 (4) foster the standardization of interoperable 

7 communications equipment; 

8 (5) identify solutions that will facilitate commu9 nications interoperability across national borders ex10 peditiously; 

11 (6) ensure that emergency response providers can 

12 communicate with one another and the public at dis13 aster sites or in the event of a terrorist attack or other 

14 catastrophic event; 

15 (7) provide training and equipment to enable 

16 emergency response providers to deal with threats and 

17 contingencies in a variety of environments; and 

18 (8) identify and secure appropriate joint-use 

19 equipment to ensure communications access. 

20 (c) DISTRIBUTION OF FUNDS.— 

21 (1) IN GENERAL.—The Secretary of Homeland 

22 Security shall distribute funds under this section to 

23 each community participating in a demonstration 

24 project under this section through the State or States 

25 in which each community is located. 
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1 (2) OTHER PARTICIPANTS .—A State receiving 

2 funds under this section shall make the funds avail3 able to the local governments and emergency response 

4 providers participating in a demonstration project se5 lected by the Secretary of Homeland Security not 

6 later than 60 days after receiving funds. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

8 authorized to be appropriated such sums as are necessary 

9 in each of fiscal years 2006, 2007, and 2008 to carry out 

10 this section. 

11 (e) REPORTING.—Not later than December 31, 2005, 

12 and each year thereafter in which funds are appropriated 

13 for a demonstration project, the Secretary of Homeland Se14 curity shall provide to the Committee on Homeland Secu15 rity and Governmental Affairs of the Senate and the Com16 mittee on Homeland Security of the House of Representa17 tives a report on the demonstration projects under this sec18 tion. 

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