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Union Calendar No. 319 

111TH CONGRESS 

2D SESSION H. R. 3837 

[Report No. 111–558] 

To amend the Homeland Security Act of 2002 to provide for clarification 

on the use of funds relating to certain homeland security grants, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 15, 2009 

Ms. KILROY (for herself, Mr. CUELLAR, Mr. THOMPSON of Mississippi, Mr. 

PASCRELL, Ms. CLARKE, Mr. DEFAZIO, Ms. RICHARDSON, Ms. NORTON, 

Mr. SIRES, Ms. JACKSON-LEE of Texas, Mr. CLEAVER, and Ms. TITUS) 

introduced the following bill; which was referred to the Committee on 

Homeland Security 

JULY 22, 2010 

Additional sponsors: Mr. BISHOP of New York, Mr. CARNEY, Mrs. KIRKPATRICK of Arizona, Mr. REYES, Mr. LANCE, Mr. LOEBSACK, Mr. 

DRIEHAUS, Mr. LUJA ́N, Mr. FILNER, Mr. AL GREEN of Texas, Mr. 

LANGEVIN, Mr. WELCH, Mr. HOLDEN, Ms. LORETTA SANCHEZ of California, and Mr. HIMES

JULY 22, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 


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•HR 3837 RH

A BILL 

To amend the Homeland Security Act of 2002 to provide 

for clarification on the use of funds relating to certain 

homeland security grants, and for other purposes. 


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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 ‘‘Strengthening and Up5 dating Resources and Equipment Act’’ or the ‘‘SURE 

6 Act’’. 

7 SEC. 2. CLARIFICATION ON USE OF FUNDS RELATING TO 

8 CERTAIN HOMELAND SECURITY GRANTS. 

9 (a) IN GENERAL.—Section 2008 of the Homeland 

10 Security Act of 2002 (6 U.S.C. 609) is amended— 

11 (1) in subsection (a)(4), by inserting before the 

12 semicolon at the end the following: ‘‘, and any re13 lated maintenance agreements, user fees, or 

14 sustainment costs’’; 

15 (2) in subsection (b)(3), by adding at the end 

16 the following new subparagraph: 

17 ‘‘(C) EQUIPMENT MAINTENANCE.—With 

18 respect to the use of amounts awarded to a 

19 grant recipient under section 2003 or 2004 for 

20 equipment purchase and maintenance costs, the 

21 Administrator may not— 

22 ‘‘(i) impose a limit on the amount of 

23 any such award that may be used to pay 

24 for such purchase and maintenance costs, 


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1 including any costs referred to in sub2 section (a)(4); or 

3 ‘‘(ii) impose any additional limitation, 

4 including any fiscal year limitation, beyond 

5 the limitations described in the matter pre6 ceding paragraph (1) and in paragraph (4) 

7 of subsection (a), on the amount of any 

8 such award that may be used for a specific 

9 type, purpose, or category of equipment 

10 purchase or maintenance cost.’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 subsection (a) shall take effect on the date of the enact13 ment of this section and shall apply to grants made under 

14 section 2003 or 2004 of the Homeland Security Act of 

15 2002 (6 U.S.C. 604 and 605), in accordance with the pro16 visions specified in section 2008 of such Act (6 U.S.C. 

17 609), as amended by subsection (a) of this section, on or 

18 after October 1, 2008. 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘Strengthening and Up21 dating Resources and Equipment Act’’ or the ‘‘SURE Act’’. 

22 SEC. 2. CLARIFICATION ON USE OF FUNDS RELATING TO 

23 CERTAIN HOMELAND SECURITY GRANTS. 

24 (a) EQUIPMENT MAINTENANCE.— 


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1 (1) AMENDMENTS.—Section 2008 of the Home2 land Security Act of 2002 (6 U.S.C. 609) is amend3 ed— 

4 (A) in subsection (a)(4), by inserting before 

5 the semicolon at the end the following: ‘‘, and 

6 any related maintenance agreements, user fees, 

7 or sustainment costs’’; and 

8 (B) in subsection (b)(3), by adding at the 

9 end the following new subparagraph: 

10 ‘‘(C) EQUIPMENT MAINTENANCE.— 

11 ‘‘(i) IN GENERAL.—The Administrator 

12 may not impose any time limitation, in13 cluding any fiscal year limitation, on the 

14 use for covered maintenance costs of 

15 amounts awarded as a grant under section 

16 2003 or 2004, that is in addition to the 

17 limitations described in this subsection 

18 ‘‘(ii) COVERED MAINTENANCE COSTS

19 DEFINED.—In this subparagraph the term 

20 ‘covered maintenance costs’ means costs of 

21 maintenance and sustainment costs de22 scribed in subsection (a)(4) associated with 

23 equipment purchased with grant funds pro24 vided under section 2003 or 2004 for a 

25 prior fiscal year.’’. 


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1 (2) APPLICATION.—The amendments made by 

2 this subsection shall apply to grants made under sec3 tion 2003 or 2004 of the Homeland Security Act of 

4 2002 (6 U.S.C. 604 and 605) on or after October 1, 

5 2008. 

6 (b) SPECIFICATION OF INTENDED USE IN GRANT AP7 PLICATIONS.— 

8 (1) URBAN AREA SECURITY INITIATIVE

9 GRANTS.—Section 2003(c)(2) of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 604(c)(2)) is amended by 

11 striking ‘‘and’’ after the semicolon at the end of sub12 paragraph (B), by striking the period at the end of 

13 subparagraph (C) and inserting ‘‘; and’’, and by add14 ing at the end the following new subparagraph: 

15 ‘‘(D) specification of the amount of grant 

16 funds the high-risk urban area plans to allocate 

17 to maintain and sustain target capabilities, in18 cluding equipment, that have been supported 

19 with prior fiscal year funds awarded under this 

20 section or section 2004.’’. 

21 (2) STATE HOMELAND SECURITY GRANTS.—Sec22 tion 2004(b)(2) of the Homeland Security Act of 2002 

23 (6 U.S.C. 605(b)(2)) is amended by striking ‘‘and’’ 

24 after the semicolon at the end of subparagraph (B), 

25 by striking the period at the end of subparagraph (C) 


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1 and inserting ‘‘; and’’, and by adding at the end the 

2 following new subparagraph: 

3 ‘‘(D) specification of the amount of grant 

4 funds the State plans to allocate to maintain 

5 and sustain target capabilities, including equip6 ment, that have been supported with prior fiscal 

7 year funds awarded under this section or section 

8 2003.’’. 

9 (c) GRANT GUIDANCE.—Section 2002 of the Homeland 

10 Security Act of 2002 (6 U.S.C. 603) is amended by adding 

11 at the end the following new subsection: 

12 ‘‘(d) GRANT GUIDANCE.— 

13 ‘‘(1) IN GENERAL.—The Administrator shall— 

14 ‘‘(A) not later than three months after the 

15 date of enactment of the Strengthening and Up16 dating Resources and Equipment Act of 2009, 

17 issue guidance defining costs eligible to be paid 

18 with grants under sections 2003 and 2004 for 

19 equipment maintenance agreements, user fees, 

20 sustainment costs, and any other equipment-re21 lated costs, as the Administrator determines is 

22 appropriate; and 

23 ‘‘(B) review and update such guidance as 

24 necessary. 


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1 ‘‘(2) CONGRESSIONAL BRIEFING.—The Adminis2 trator shall brief the Committee on Homeland Secu3 rity of the House of Representatives and the Com4 mittee on Homeland Security and Governmental Af5 fairs of the Senate not less than five days before 

6 issuing any guidance, or announcing the award of 

7 any grant, under section 2003 or 2004.’’. 


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srobinson on DSKHWCL6B1PROD with BILLS
Union Calendar No. 319 

111TH CONGRESS 

2D SESSION H. R. 3837 

[Report No. 111–558] 

A BILL 

To amend the Homeland Security Act of 2002 to 

other purposes. ing to certain homeland security grants, and for provide for clarification on the use of funds relatJULY 22, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


srobinson on DSKHWCL6B1PROD with BILLS