II 

109TH CONGRESS 

1ST SESSION S. 21 

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, and Mr. LIEBERMAN) introduced the following bill; which was 

read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Grant Enhancement Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act, the following definitions shall apply: 

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

9 means American Samoa, the Commonwealth of the 
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1 Northern Mariana Islands, the Commonwealth of 

2 Puerto Rico, Guam, and the Virgin Islands. 

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

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

5 fund containing amounts authorized to be appro6 priated for States that elect to receive Federal finan7 cial assistance through a per capita share of 38.625 

8 percent of the amount appropriated for the State 

9 Homeland Security Grant Program. 

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

11 government’’ has the same meaning given that term 

12 in section 2 of the Homeland Security Act of 2002 

13 (6 U.S.C. 101). 

14 (4) MUNICIPAL SOLID WASTE.—The term ‘‘mu15 nicipal solid waste’’ includes sludge (as defined in 

16 section 1004 of the Solid Waste Disposal Act (42 

17 U.S.C. 6903)). 

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

19 the Secretary of Homeland Security. 

20 (6) STATE.—The term ‘‘State’’ means each of 

21 the several States of the United States and the Dis22 trict of Columbia. 

23 (7) STATE HOMELAND SECURITY GRANT PRO24 GRAM.—The term ‘‘State Homeland Security Grant 

25 Program’’ means the program receiving 75 percent 
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1 of the amount appropriated for the Threat-Based 

2 Homeland Security Grant Program. 

3 (8) THREAT-BASED HOMELAND SECURITY

4 GRANT PROGRAM.—The term ‘‘Threat-Based Home5 land Security Grant Program’’ means the program 

6 authorized under section 6. 

7 (9) URBAN AREA SECURITY INITIATIVE GRANT

8 PROGRAM.—The term ‘‘Urban Area Security Initia9 tive Grant Program’’ means the program receiving 

10 25 percent of the amount appropriated for the 

11 Threat-Based Homeland Security Grant Program. 

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

13 TRADITIONAL FIRST RESPONDER MISSIONS. 

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

15 to affect any authority to award grants under any Federal 

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

17 on September 10, 2001, to enhance traditional missions 

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

19 emergency medical services, or public health missions. 

20 (b) PROGRAMS INCLUDED.—The programs referred 

21 to in subsection (a) are the following: 

22 (1) The Firefighter Assistance Program author23 ized under section 33 of the Federal Fire Prevention 

24 and Control Act of 1974 (15 U.S.C. 2229). 
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1 (2) The Emergency Management Performance 

2 Grant Program and the Urban Search and Rescue 

3 Grant program authorized under— 

4 (A) title VI of the Robert T. Stafford Dis5 aster Relief and Emergency Assistance Act (42 

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

7 (B) the Departments of Veterans Affairs 

8 and Housing and Urban Development, and 

9 Independent Agencies Appropriations Act, 2000 

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

11 and 

12 (C) the Earthquake Hazards Reduction 

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

14 (3) The Edward Byrne Memorial State and 

15 Local Law Enforcement Assistance Programs au16 thorized under part E of title I of the Omnibus 

17 Crime Control and Safe Streets Act of 1968 (42 

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

19 (4) The Public Safety and Community Policing 

20 (COPS ON THE BEAT) Grant Program authorized 

21 under part Q of title I of the Omnibus Crime Con22 trol and Safe Streets Act of 1968 (42 U.S.C. 

23 3796dd et seq.). 

24 (5) Grant programs under the Public Health 

25 Service Act regarding preparedness for bioterrorism 
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1 and other public health emergencies and the Emer2 gency Response Assistance Program authorized 

3 under section 1412 of the Defense Against Weapons 

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

5 SEC. 4. INTERAGENCY COMMITTEE TO COORDINATE AND 

6 STREAMLINE HOMELAND SECURITY GRANT 

7 PROGRAMS. 

8 (a) IN GENERAL.—Title VIII of the Homeland Secu9 rity Act of 2002 (6 U.S.C. 361 et seq.) is amended by 

10 inserting after section 801 the following: 

11 ‘‘SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE 

12 AND STREAMLINE HOMELAND SECURITY 

13 GRANT PROGRAMS. 

14 ‘‘(a) ESTABLISHMENT.— 

15 ‘‘(1) IN GENERAL.—The Secretary, in coordina16 tion with the Attorney General, the Secretary of 

17 Health and Human Services, the Secretary of 

18 Transportation, the Administrator of the Environ19 mental Protection Agency, and other agencies pro20 viding assistance for first responder preparedness, as 

21 identified by the President, shall establish the Inter22 agency Committee to Coordinate and Streamline 

23 Homeland Security Grant Programs (referred to in 

24 this subtitle as the ‘Interagency Committee’). 
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1 ‘‘(2) COMPOSITION.—The Interagency Com2 mittee shall be composed of— 

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

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

5 Health and Human Services; 

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

7 Transportation; 

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

9 Justice; 

10 ‘‘(E) a representative of the Environmental 

11 Protection Agency; and 

12 ‘‘(F) a representative of any other depart13 ment or agency determined to be necessary by 

14 the President. 

15 ‘‘(3) RESPONSIBILITIES.—The Interagency 

16 Committee shall— 

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

18 Clearinghouse established under section 801(d); 

19 ‘‘(B) consult with State and local govern20 ments and emergency response providers re21 garding their homeland security needs and ca22 pabilities; 

23 ‘‘(C) advise the Secretary on the develop24 ment of performance measures for homeland se-
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1 curity grant programs and the national strategy 

2 for homeland security; 

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

4 assistance programs; 

5 ‘‘(E) not later than 1 year after the effec6 tive date of the Homeland Security Grant En7 hancement Act of 2005— 

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

9 to the maximum extent practicable, the 

10 planning, reporting, application, and other 

11 guidance documents contained in homeland 

12 security assistance programs to eliminate 

13 all redundant and duplicative require14 ments; and 

15 ‘‘(ii) submit the proposal developed 

16 under clause (i) to Congress and the Presi17 dent. 

18 ‘‘(b) ADMINISTRATION.—The Department shall pro19 vide administrative support to the Interagency Committee, 

20 which shall include— 

21 ‘‘(1) scheduling meetings; 

22 ‘‘(2) preparing agenda; 

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

24 ‘‘(4) producing reports. 
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1 ‘‘(c) CHAIRPERSON.—The Secretary shall designate 

2 a chairperson of the Interagency Committee. 

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

4 meet— 

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

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

7 month.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

9 The table of contents for the Homeland Security Act of 

10 2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

11 the item relating to section 801 the following: 

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

12 SEC. 5. STREAMLINING FEDERAL HOMELAND SECURITY 

13 GRANTS. 

14 (a) DIRECTOR OF STATE AND LOCAL GOVERNMENT

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

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

17 amended to read as follows: 

18 ‘‘(a) ESTABLISHMENT.— 

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

20 the Office of the Secretary the Office for State and 

21 Local Government Coordination and Preparedness, 

22 which shall oversee and coordinate departmental 

23 programs for, and relationships with, State and local 

24 governments. 
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1 ‘‘(2) EXECUTIVE DIRECTOR.—The Office estab2 lished under paragraph (1) shall be headed by the 

3 Executive Director of State and Local Government 

4 Coordination and Preparedness, who shall be ap5 pointed by the President, by and with the advice and 

6 consent of the Senate.’’. 

7 (b) OFFICE FOR DOMESTIC PREPAREDNESS.—The 

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

9 is amended— 

10 (1) by redesignating section 430 as section 803 

11 and transferring that section to the end of subtitle 

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

13 (2) in section 803, as redesignated by para14 graph (1)— 

15 (A) in subsection (a), by striking ‘‘the Di16 rectorate of Border and Transportation Secu17 rity’’ and inserting ‘‘the Office for State and 

18 Local Government Coordination and Prepared19 ness’’; 

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

21 shall be appointed by the President’’ and all 

22 that follows and inserting ‘‘who shall report di23 rectly to the Executive Director of State and 

24 Local Government Coordination and Prepared25 ness.’’; 
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1 (C) in subsection (c)— 

2 (i) in paragraph (7)— 

3 (I) by striking ‘‘other’’ and in4 serting ‘‘the’’; 

5 (II) by striking ‘‘consistent with 

6 the mission and functions of the Di7 rectorate’’; and 

8 (III) by striking ‘‘and’’ at the 

9 end; and 

10 (ii) in paragraph (8)— 

11 (I) by inserting ‘‘carrying out’’ 

12 before ‘‘those elements’’; and 

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

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

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

16 and 

17 (iv) by adding at the end the fol18 lowing: 

19 ‘‘(10) managing the Homeland Security Infor20 mation Clearinghouse established under section 

21 801(d).’’; 

22 (D) by redesignating subsection (d) as sub23 section (e); and 

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

25 following: 
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1 ‘‘(d) TRAINING AND EXERCISES OFFICE WITHIN

2 THE OFFICE FOR DOMESTIC PREPAREDNESS.— 

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

4 within the Office for Domestic Preparedness an in5 ternal office that shall be the proponent for all na6 tional domestic preparedness, training, education, 

7 and exercises within the Office for State and Local 

8 Government Coordination. 

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

10 an individual with recognized expertise in first-re11 sponder training and exercises to head the office, 

12 and such person shall report directly to the Director 

13 of the Office of Domestic Preparedness.’’. 

14 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 The table of contents for the Homeland Security Act of 

16 2002 (6 U.S.C. 101 et seq.) is amended— 

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

18 (2) by amending the item relating to section 

19 801 to read as follows: 

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

and 

20 (3) by inserting after the item relating to sec21 tion 802, as added by this Act, the following: 

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

22 (d) ESTABLISHMENT OF HOMELAND SECURITY IN23 FORMATION CLEARINGHOUSE.—Section 801 of the Home-
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1 land Security Act of 2002 (6 U.S.C. 361), as amended 

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

3 end the following: 

4 ‘‘(d) HOMELAND SECURITY INFORMATION CLEAR5 INGHOUSE.— 

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

7 within the Office for State and Local Government 

8 Coordination a Homeland Security Information 

9 Clearinghouse (referred to in this section as the 

10 ‘Clearinghouse’), which shall assist States, local gov11 ernments, and first responders in accordance with 

12 paragraphs (2) through (5). 

13 ‘‘(2) HOMELAND SECURITY GRANT INFORMA14 TION.—The Clearinghouse shall create a new 

15 website or enhance an existing website, establish a 

16 toll-free number, and produce a single publication 

17 that each contain information regarding the home18 land security grant programs identified under sec19 tion 802(a)(4). 

20 ‘‘(3) TECHNICAL ASSISTANCE.—The Clearing21 house, in consultation with the Interagency Com22 mittee established under section 802, shall provide 

23 information regarding— 

24 ‘‘(A) technical assistance provided by any 

25 Federal agency to States and local governments 
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1 to conduct threat analyses and vulnerability as2 sessments; and 

3 ‘‘(B) templates for conducting threat anal4 yses and vulnerability assessments. 

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

6 shall work with States, local governments, emer7 gency response providers and the National Domestic 

8 Preparedness Consortium, and private organizations 

9 to gather, validate, and disseminate information re10 garding successful State and local homeland security 

11 programs and practices. 

12 ‘‘(5) USE OF FEDERAL FUNDS.—The Clearing13 house shall compile information regarding equip14 ment, training, and other services purchased with 

15 Federal funds provided under the homeland security 

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

17 and make such information, and information regard18 ing voluntary standards of training, equipment, and 

19 exercises, available to States, local governments, and 

20 first responders. 

21 ‘‘(6) OTHER INFORMATION.—The Clearing22 house shall provide States, local governments, and 

23 first responders with any other information that the 

24 Secretary determines necessary.’’. 
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1 SEC. 6. THREAT-BASED HOMELAND SECURITY GRANT PRO2 GRAM. 

3 (a) GRANTS AUTHORIZED.—The Secretary may 

4 award grants to States and local governments to enhance 

5 homeland security. 

6 (b) USE OF FUNDS.— 

7 (1) IN GENERAL.—Grants awarded under sub8 section (a)— 

9 (A) shall be used to address homeland se10 curity matters related to acts of terrorism or 

11 major disasters and related capacity building; 

12 and 

13 (B) shall not be used to supplant ongoing 

14 first responder expenses or general protective 

15 measures. 

16 (2) ALLOWABLE USES.—Grants awarded under 

17 subsection (a) may be used to— 

18 (A) develop State plans or risk assess19 ments (including the development of the home20 land security plan) to respond to terrorist at21 tacks and strengthen all hazards emergency 

22 planning and community wide plans for re23 sponding to terrorist or all hazards emergency 

24 events that are coordinated with the capacities 

25 of applicable Federal, State, and local govern-
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1 ments, first responders, and State and local 

2 government health agencies; 

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

4 aid agreements; 

5 (C) purchase or upgrade equipment based 

6 on State and local needs as identified under a 

7 State homeland security plan; 

8 (D) conduct exercises to strengthen emer9 gency preparedness of State and local first re10 sponders including law enforcement, firefighting 

11 personnel, and emergency medical service work12 ers, and other emergency responders identified 

13 in a State homeland security plan; 

14 (E) pay for overtime expenses relating 

15 to— 

16 (i) training activities consistent with 

17 the goals outlined in a State homeland se18 curity plan; 

19 (ii) as determined by the Secretary, 

20 activities relating to an increase in the 

21 threat level under the Homeland Security 

22 Advisory System; and 

23 (iii) any other activity relating to the 

24 State Homeland Security Strategy, and ap25 proved by the Secretary; 
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1 (F) promote training regarding homeland 

2 security preparedness including— 

3 (i) emergency preparedness responses 

4 to a use or threatened use of a weapon of 

5 mass destruction; and 

6 (ii) training in the use of equipment, 

7 including detection, monitoring, and decon8 tamination equipment, and personal pro9 tective gear; and 

10 (G) conduct any activity permitted under 

11 the Law Enforcement Terrorism Prevention 

12 Grant Program. 

13 (3) PROHIBITED USES.— 

14 (A) CONSTRUCTION.—Grants awarded 

15 under subsection (a) may not be used to con16 struct buildings or other physical facilities, ex17 cept those described in section 611 of the Rob18 ert T. Stafford Disaster Relief and Emergency 

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

20 by the Secretary in the homeland security plan 

21 certified under subsection (d), or to acquire 

22 land. 

23 (B) COST SHARING.—Grant funds pro24 vided under this section shall not be used for 
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1 any State or local government cost sharing con2 tribution request under this section. 

3 (c) APPLICATION.— 

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

5 grant under this section by submitting to the Sec6 retary an application at such time, and in such man7 ner, and containing such information the Secretary 

8 may reasonably require. 

9 (2) REVISIONS.—A State may revise a home10 land security plan certified under subsection (d) at 

11 the time an application is submitted under para12 graph (1) after receiving approval from the Sec13 retary. 

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

15 a grant under this section unless the application 

16 submitted by the State includes a homeland security 

17 plan meeting the requirements of subsection (d). 

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

19 release grant funds to States with approved plans 

20 after the approval of an application submitted under 

21 this subsection. 

22 (d) HOMELAND SECURITY PLAN.— 

23 (1) IN GENERAL.—An application submitted 

24 under subsection (c) shall include a certification that 

25 the State has prepared a 3-year State homeland se-
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1 curity plan (referred to in this subsection as the 

2 ‘‘plan’’) to respond to terrorist attacks and strength3 en all hazards emergency planning that has been ap4 proved by the Secretary. 

5 (2) CONTENTS.—The plan shall contain meas6 urable goals and objectives that— 

7 (A) establish a 3-year strategy to set prior8 ities for the allocation of funding to political 

9 subdivisions based on the risk, capabilities, and 

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

11 (B) provide for interoperable communica12 tions; 

13 (C) provide for local coordination of re14 sponse and recovery efforts, including proce15 dures for effective incident command in con16 formance with the National Incident Manage17 ment System; 

18 (D) ensure that first responders and other 

19 emergency personnel have adequate training 

20 and appropriate equipment for the threats that 

21 may occur; 

22 (E) provide for improved coordination and 

23 collaboration among police, fire, and public 

24 health authorities at State and local levels; 
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1 (F) coordinate emergency response and 

2 public health plans; 

3 (G) mitigate risks to critical infrastructure 

4 that may be vulnerable to terrorist attacks; 

5 (H) promote regional coordination among 

6 contiguous local governments; 

7 (I) identify necessary protective measures 

8 by private owners of critical infrastructure; 

9 (J) promote orderly evacuation procedures 

10 when necessary; 

11 (K) ensure support from the public health 

12 community for measures needed to prevent, de13 tect and treat bioterrorism, and radiological and 

14 chemical incidents; 

15 (L) increase the number of local jurisdic16 tions participating in local and statewide exer17 cises; 

18 (M) meet preparedness goals as deter19 mined by the Secretary; and 

20 (N) include a report from the relevant ad21 visory committee established under paragraph 

22 (3)(D) that documents the areas of support, 

23 disagreement, or recommended changes to the 

24 plan before its submission to the Secretary. 

25 (3) DEVELOPMENT PROCESS.— 
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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 continuing, 

6 inclusive, cooperative, and comprehensive, 

7 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 PLAN12 NING ACTIVITIES.—The coordination under sub13 paragraph (A)(iii) shall contain input from local 

14 stakeholders, including— 

15 (i) local officials, including representa16 tives of rural, high-population, and high17 threat jurisdictions; 

18 (ii) first responders and emergency re19 sponse providers; and 

20 (iii) private sector companies, such as 

21 railroads and chemical manufacturers. 

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 
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1 requested by the Secretary, and complete a 

2 comprehensive assessment of— 

3 (i) risk, including a— 

4 (I) vulnerability assessment; 

5 (II) threat assessment; and 

6 (III) public health assessment, in 

7 coordination with the State bioter8 rorism plan; and 

9 (ii) capabilities and needs, including— 

10 (I) an evaluation of current pre11 paredness, mitigation, and response 

12 capabilities based on such assessment 

13 mechanisms as shall be determined by 

14 the Secretary; 

15 (II) an evaluation of capabilities 

16 needed to address the risks described 

17 under clause (i); and 

18 (III) an assessment of the short19 fall between the capabilities described 

20 under subclause (I) and the required 

21 capabilities described under subclause 

22 (II). 

23 (D) ADVISORY COMMITTEE.— 

24 (i) IN GENERAL.—Each State pre25 paring a plan under this section shall es-
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1 tablish an advisory committee to receive 

2 comments from the public and the local 

3 stakeholders identified under subparagraph 

4 (B). 

5 (ii) COMPOSITION.—The Advisory 

6 Committee shall include local officials, local 

7 first responders, and emergency response 

8 providers that are representative of the 

9 counties, cities, and towns within the 

10 State, and which shall include representa11 tives of rural, high-population, and high12 threat jurisdictions. 

13 (4) PLAN APPROVAL.—The Secretary shall ap14 prove a plan upon finding that the plan meets the 

15 requirements of— 

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

17 (B) the interim performance measurements 

18 under subsection (g)(1), or the national per19 formance standards under subsection (g)(2); 

20 and 

21 (C) any other criteria the Secretary deter22 mines necessary to the approval of a State plan. 

23 (5) REVIEW OF ADVISORY COMMITTEE RE24 PORT.—The Secretary shall review the recommenda25 tions of the advisory committee report incorporated 
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1 into a plan under subsection (d)(2)(N), including 

2 any dissenting views submitted by advisory com3 mittee members, to ensure cooperation and coordina4 tion between local and State jurisdictions in plan5 ning the use of grant funds under this section. 

6 (e) TENTATIVE ALLOCATION.— 

7 (1) URBAN AREA SECURITY INITIATIVE GRANT

8 PROGRAM.— 

9 (A) IN GENERAL.—The Secretary shall al10 locate 25 percent of the funds appropriated 

11 under the Threat-Based Homeland Security 

12 Grant Program for discretionary grants to be 

13 provided directly to local governments, includ14 ing multistate entities established by a compact 

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

16 as determined by the Secretary based on the 

17 criteria under subparagraph (B). 

18 (B) CRITERIA.—The Secretary shall en19 sure that each local government receiving a 

20 grant under this paragraph— 

21 (i) has a large population or high pop22 ulation density; 

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

24 and vulnerability related to critical infra25 structure or not less than 1 key asset iden-
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1 tified by the Secretary or State homeland 

2 security plan; 

3 (iii) has an international border with 

4 Canada or Mexico, or coastline bordering 

5 international waters of Canada, Mexico, or 

6 bordering the Atlantic Ocean, the Pacific 

7 Ocean, or the Gulf of Mexico; or 

8 (iv) are subject to other threat factors 

9 specified in writing by the Secretary. 

10 (C) CONSISTENCY.—Any grant awarded 

11 under this paragraph shall be used to supple12 ment and support, in a consistent and coordi13 nated manner, those activities and objectives 

14 described under subsection (b) or a State home15 land security plan. 

16 (D) COORDINATION.—The Secretary shall 

17 ensure that any grants made under this para18 graph encourage multiple contiguous units of 

19 local government and mutual aid partners to 

20 coordinate any homeland security activities. 

21 (2) STATE HOMELAND SECURITY GRANT PRO22 GRAM.— 

23 (A) STATES.—Each State whose applica24 tion is approved under subsection (c) shall re25 ceive, for each fiscal year, the greater of— 
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1 (i) 0.75 percent of the amounts ap2 propriated for the State Homeland Secu3 rity Grant Program; or 

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

5 defined by the 2002 census population esti6 mate, of 38.625 percent of the State 

7 Homeland Security Grant Program. 

8 (B) INSULAR AREAS.—Each insular area 

9 shall receive, for each fiscal year, the greater 

10 of— 

11 (i) 0.075 percent of the amounts ap12 propriated for the State Homeland Secu13 rity Grant Program; or 

14 (ii) the insular area’s per capita 

15 share, as defined by the 2002 census popu16 lation estimate, of 38.625 percent of the 

17 State Homeland Security Grant Program. 

18 (3) SECONDARY DISTRIBUTION.—After the dis19 tribution of funds under paragraph (2), the Sec20 retary shall, from the remaining funds for the State 

21 Homeland Security Grant Program and 10.8 percent 

22 of the amount appropriated for the Threat-Based 

23 Homeland Security Grant Program pursuant to sub24 section (j)(1), distribute amounts to each State 

25 that— 
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1 (A) has a substantial percentage of its 

2 population residing in Metropolitan Statistical 

3 Areas, as defined by the Office of Management 

4 and Budget; 

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

6 vulnerability related to critical infrastructure or 

7 not less than 1 key asset identified by the Sec8 retary or State homeland security plan; 

9 (C) has an international border with Can10 ada or Mexico, or coastline bordering inter11 national waters of Canada, Mexico, or bordering 

12 the Atlantic Ocean, the Pacific Ocean, or the 

13 Gulf of Mexico; or 

14 (D) are subject to other threat factors 

15 specified in writing by the Secretary. 

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

17 tentatively allocated under paragraphs (1) through 

18 (3) equal the sum of the amounts appropriated pur19 suant to subsection (j), the Secretary shall distribute 

20 the appropriated amounts based on the tentative al21 location. 

22 (5) PROPORTIONAL REDUCTION.—If the 

23 amount appropriated for the Large High-Threat 

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

25 than 10.8 percent of the amount appropriated for 
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1 the Threat-Based Homeland Security Grant Pro2 gram pursuant to subsection (j)(1), the Secretary 

3 shall proportionately reduce the amounts tentatively 

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

5 the amount distributed is equal to the sum of the 

6 amounts appropriated for such programs. 

7 (6) FUNDING FOR LOCAL ENTITIES AND FIRST

8 RESPONDERS.—The Secretary shall require recipi9 ents of the State Homeland Security Grant to pro10 vide local governments and first responders, con11 sistent with the applicable State homeland security 

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

13 funds, the resources purchased with such grant 

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

15 days after receiving grant funding. 

16 (7) SUPPLEMENT NOT SUPPLANT.—Amounts 

17 appropriated for grants under this subsection shall 

18 be used to supplement and not supplant other State 

19 and local public funds obligated for the purposes 

20 provided under this Act. 

21 (8) LAW ENFORCEMENT TERRORISM PREVEN22 TION PROGRAM.— 

23 (A) IN GENERAL.—The Secretary shall 

24 designate not more than 25 percent of the 

25 amounts allocated through the State Homeland 
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1 Security Grant Program to be used for the Law 

2 Enforcement Terrorism Prevention Program to 

3 provide grants to law enforcement agencies to 

4 enhance capabilities for terrorism prevention. 

5 (B) USE OF FUNDS.—Grants awarded 

6 under this paragraph may be used for— 

7 (i) information sharing to preempt 

8 terrorist attacks; 

9 (ii) target hardening to reduce the 

10 vulnerability of selected high value targets; 

11 (iii) threat recognition to recognize 

12 the potential or development of a threat; 

13 (iv) intervention activities to interdict 

14 terrorists before they can execute a threat; 

15 (v) interoperable communication sys16 tems; 

17 (vi) overtime expenses related to the 

18 State Homeland Security Strategy ap19 proved by the Secretary; and 

20 (vii) any other terrorism prevention 

21 activity authorized by the Secretary. 

22 (f) REPORT ON HOMELAND SECURITY SPENDING.— 

23 Each recipient of a grant under this section shall annually 

24 submit a report to the Secretary that contains— 
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1 (1) an accounting of the amount of State and 

2 local funds spent on homeland security activities 

3 under the applicable State homeland security plan; 

4 and 

5 (2) information regarding the use of grant 

6 funds by units of local government as required by 

7 the Secretary. 

8 (g) ACCOUNTABILITY.— 

9 (1) INTERIM PERFORMANCE MEASURES.— 

10 (A) IN GENERAL.—Before establishing per11 formance standards under paragraph (2), the 

12 Secretary shall assist each State in establishing 

13 interim performance measures based upon— 

14 (i) the goals and objectives under sub15 section (d)(2); and 

16 (ii) any other factors determined by 

17 the Secretary. 

18 (B) ANNUAL REPORT.—Before establishing 

19 performance measures under paragraph (2), 

20 each State with an approved State plan shall 

21 submit to the Secretary a report detailing the 

22 progress the State has made in meeting the in23 terim performance measures established under 

24 subparagraph (A). 

25 (2) NATIONAL PERFORMANCE STANDARDS.— 
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1 (A) IN GENERAL.—Not later than 1 year 

2 after the date of enactment of this Act, the Sec3 retary shall set national performance standards 

4 based in part on the goals and objectives under 

5 subsection (d)(2) and any other factors the Sec6 retary determines relevant. 

7 (B) COMPLIANCE.—The Secretary shall 

8 ensure that State plans are in conformance 

9 with the standards set under subparagraph (A). 

10 (C) ANNUAL REPORT.—After the establish11 ment of performance standards under subpara12 graph (A), each State with an approved State 

13 homeland security plan shall submit to the Sec14 retary a report on the progress the State has 

15 made in meeting such standards. 

16 (3) GENERAL ACCOUNTING OFFICE ACCESS TO

17 INFORMATION.—Each recipient of a grant under this 

18 section and the Department of Homeland Security 

19 shall provide the General Accounting Office with full 

20 access to information regarding the activities carried 

21 out under this section. 

22 (4) AUDIT.—Grant recipients that expend 

23 $500,000 or more in Federal funds during any fiscal 

24 year shall submit to the Secretary an organization 

25 wide financial and compliance audit report in con-
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1 formance with the requirements of chapter 75 of 

2 title 31, United States Code. 

3 (h) REMEDIES FOR NON-COMPLIANCE.— 

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

5 reasonable notice and an opportunity for a hearing, 

6 that a recipient of a grant under this section has 

7 failed to substantially comply with any provision of 

8 this section, the 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 

23 section. 

24 (3) DIRECT FUNDING.—If a State fails to sub25 stantially comply with any provision of this section, 
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1 including failing to provide local governments with 

2 grant funds or resources purchased with grant funds 

3 in a timely fashion, a local government entitled to 

4 receive such grant funds or resources may petition 

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

6 determined by the Secretary, to request that grant 

7 funds or resources be provided directly to the local 

8 government. 

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

10 submit an annual report to Congress that provides— 

11 (1) findings relating to the performance stand12 ards established under subsection (g); 

13 (2) the status of preparedness goals and objec14 tives; 

15 (3) an evaluation of how States and local gov16 ernments are meeting preparedness goals and objec17 tives; 

18 (4) the total amount of resources provided to 

19 the States; 

20 (5) the total amount of resources provided to 

21 units of local government; and 

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

23 (j) AUTHORIZATION OF APPROPRIATIONS.— 

24 (1) THREAT-BASED HOMELAND SECURITY

25 GRANT PROGRAM.—There are authorized to be ap-
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1 propriated such sums as are necessary to carry out 

2 this section. 

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

4 are authorized to be appropriated 10.8 percent of 

5 the funds appropriated in any fiscal year pursuant 

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

7 the Large High-Threat State Fund. 

8 SEC. 7. ELIMINATING HOMELAND SECURITY FRAUD, 

9 WASTE, AND ABUSE. 

10 (a) ANNUAL GENERAL ACCOUNTING OFFICE AUDIT

11 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 of Homeland Se23 curity; and 

24 (B) the amount of funding devoted to over25 time and administrative expenses. 
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1 (b) REVIEWS OF THREAT-BASED HOMELAND SECU2 RITY FUNDING.—The Secretary, through the appropriate 

3 agency, shall conduct periodic reviews of grants made 

4 through the Threat Based Homeland Security Grant Pro5 gram to ensure that recipients allocate funds consistent 

6 with the guidelines established by the Department of 

7 Homeland Security. 

8 (c) REMEDIES FOR NON-COMPLIANCE.—If the Sec9 retary determines, after reasonable notice and an oppor10 tunity for a hearing, that a recipient of a Threat Based 

11 Homeland Security Grant has failed to substantially com12 ply with any regulations or guidelines issues by the De13 partment regarding eligible expenditures, the Secretary 

14 shall— 

15 (1) terminate any payment of grant funds 

16 scheduled to be made to the recipient; 

17 (2) reduce the amount of payment of grant 

18 finds to the recipient by an amount equal to the 

19 amount of grant funds that were not expended by 

20 the recipient in accordance with such guidelines; or 

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

22 the Threat Based Homeland Security Grant Pro23 gram to programs, projects, or activities not affected 

24 by the failure to comply. 
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1 (d) DURATION OF PENALTY.—The Secretary shall 

2 apply an appropriate penalty under subsection (c) until 

3 such time as the Secretary determines that the grant re4 cipient is in full compliance with the guidelines established 

5 by the Department of Homeland Security. 

6 SEC. 8. FLEXIBILITY IN UNSPENT HOMELAND SECURITY 

7 FUNDS. 

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

9 Office for Domestic Preparedness, Department of Home10 land Security, shall allow any State to request approval 

11 to reallocate funds received pursuant to appropriations for 

12 the State Homeland Security Grant Program under Public 

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

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

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

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

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

18 and planning. 

19 (b) APPROVAL OF REALLOCATION REQUESTS.—The 

20 Director shall approve reallocation requests under sub21 section (a) in accordance with the State plan and any 

22 other relevant factors that the Secretary determines to be 

23 necessary. 

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

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

2 of local government. 

3 SEC. 9. CERTIFICATION RELATIVE TO THE SCREENING OF 

4 MUNICIPAL SOLID WASTE TRANSPORTED 

5 INTO THE UNITED STATES. 

6 The Secretary shall deny entry into the United States 

7 of any commercial motor vehicle (as defined in section 

8 31101(1) of title 49, United States Code) carrying munic9 ipal solid waste unless and until the Secretary certifies to 

10 Congress that the methodologies and technologies used by 

11 the Bureau of Customs and Border Protection of the De12 partment of Homeland Security to screen for and detect 

13 the presence of chemical, nuclear, biological, and radio14 logical weapons in such waste are as effective as the meth15 odologies and technologies used by the Bureau to screen 

16 for such materials in other items of commerce entering 

17 into the United States by commercial motor vehicle trans18 port. 

Æ