I 

115TH CONGRESS 

2D SESSION H. R. 5399 

To amend the Homeland Security Act of 2002 to clarify that grants made 

pursuant to the Urban Area Security Initiative and the State Homeland 

Security Grant Program may be used to increase the preparedness of 

high-risk State, local, territorial, and tribal governments against weapons 

of mass destruction and biological and chemical attacks, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2018 

Ms. GABBARD (for herself, Mr. GARRETT, Ms. BORDALLO, Mrs. RADEWAGEN, 

Ms. HANABUSA, and Mr. YOUNG of Alaska) introduced the following bill; 

which was referred to the Committee on Homeland Security 

A BILL 

To amend the Homeland Security Act of 2002 to clarify 

that grants made pursuant to the Urban Area Security 

Initiative and the State Homeland Security Grant Program may be used to increase the preparedness of highrisk State, local, territorial, and tribal governments 

against weapons of mass destruction and biological and 

chemical attacks, 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, 


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•HR 5399 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Civil Defense Pre3 paredness Act of 2018’’. 

4 SEC. 2. WMD GRANTS. 

5 (a) IN GENERAL.—Title XX of the Homeland Secu6 rity Act of 2002 is amended— 

7 (1) in section 2001 (6 U.S.C. 601)— 

8 (A) by redesignating paragraphs (1), (2), 

9 (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), 

10 (13), and (14) as paragraphs (2), (3), (4), (6), 

11 (7), (8), (9), (10), (11), (12), (13), (14), (15), 

12 and (16), respectively; 

13 (B) by inserting before paragraph (2), as 

14 so redesignated, the following new paragraph: 

15 ‘‘(1) ADVERSARY COUNTRY.—The term ‘adver16 sary country’ means a country referred to or de17 scribed as hostile or as an adversary country in the 

18 most recent National Security Strategy.’’; 

19 (C) by inserting after paragraph (4), as so 

20 redesignated, the following new paragraph: 

21 ‘‘(5) HIGH-RISK STATE.—The term ‘high-risk 

22 State’ means— 

23 ‘‘(A) a State or territory that is geographi24 cally closest to known adversary countries; and 

25 ‘‘(B) a State or territory proven or deter26 mined by the Secretary, in consultation with the 


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1 Secretary of Defense, to be highly susceptible to 

2 a rocket-propelled or other form of kinetically3 delivered weapon of mass destruction from an 

4 adversary country.’’; and 

5 (D) by adding at the end the following new 

6 paragraph: 

7 ‘‘(17) WEAPON OF MASS DESTRUCTION.—The 

8 term ‘weapon of mass destruction’ means— 

9 ‘‘(A) any explosive, incendiary, poison gas, 

10 or missile having an explosive or incendiary 

11 charge of more than one-quarter ounce; or 

12 ‘‘(B) any weapon— 

13 ‘‘(i) intended to cause widespread 

14 death or serious bodily injury through the 

15 release, dissemination, or impact of toxic 

16 chemicals or disease organisms; or 

17 ‘‘(ii) that is designed to release radi18 ation or radioactivity at a level dangerous 

19 to human life.’’; 

20 (2) in subsection (a) of section 2003 (6 U.S.C. 

21 604), by inserting ‘‘, including to assist high-risk 

22 urban areas to increase preparedness against rocket23 propelled or other forms of kinetically-delivered 

24 weapons of mass destruction, including nuclear, bioVerDate Sep 11 2014 21:14 Mar 30, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5399.IH H5399

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1 logical, and chemical attacks’’ before the period at 

2 the end; 

3 (3) in subsection (a) of section 2004 (6 U.S.C. 

4 605), by inserting ‘‘, including to assist high-risk 

5 States to increase preparedness against rocket-pro6 pelled or other forms of kinetically-delivered weapons 

7 of mass destruction, including nuclear, biological, 

8 and chemical attacks’’ before the period at the end; 

9 (4) in subsection (b) of section 2007 (6 U.S.C. 

10 608)— 

11 (A) by redesignating paragraph (9) as 

12 paragraph (10); and 

13 (B) by inserting after paragraph (8) the 

14 following new paragraph: 

15 ‘‘(9) Rocket-propelled or other form of 

16 kinetically-delivered weapon of mass destruction.’’; 

17 and 

18 (5) in subsection (a) of section 2008 (6 U.S.C. 

19 609)— 

20 (A) by redesignating paragraph (14) as 

21 paragraph (15); and 

22 (B) by inserting after paragraph (13) the 

23 following new paragraph: 

24 ‘‘(14) joint projects with State, local, and tribal 

25 entities for the procurement of, building, and related 


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1 training of biological weapons attack protective 

2 equipment, chemical weapons attack protective 

3 equipment, and nuclear weapons attack building re4 inforcement;’’. 

5 (b) ANNUAL REPORTS.—Not later than December 

6 31, 2018, and annually thereafter, the Secretary of Home7 land Security shall submit to the Committee on Homeland 

8 Security of the House of Representatives and the Com9 mittee on Homeland Security and Governmental Affairs 

10 of the Senate and make publically available on an internet 

11 website of the Department of Homeland Security a report 

12 on the number of grants made under sections 2003 and 

13 2004 of the Homeland Security Act of 2002 (6 U.S.C. 

14 604 and 605) during the immediately preceding fiscal 

15 year, with specific information relating to the number of 

16 such grants that pertained to increasing preparedness 

17 against rocket-propelled or other forms of kinetically-deliv18 ered weapons of mass destruction (as such term is defined 

19 in section 2001 of the Homeland Security Act of 2002, 

20 as amended by subsection (a)(1)), including nuclear, bio21 logical, and chemical attacks. 

Æ 


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