I 

108TH CONGRESS 

2D SESSION H. R. 4333

To provide for homeland security grant coordination and simplification, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2004

Ms. HOOLEY of Oregon (for herself, Mr. STENHOLM, Mr. CASE, Mr. EMANUEL, Mr. GRIJALVA, Mr. FARR, Mr. HOEFFEL, Mr. MCINTYRE, Mr. 

DEFAZIO, Mr. SANDLIN, Mr. TOWNS, and Ms. LEE) introduced the following bill; which was referred to the Select Committee on Homeland Security, and in addition to the Committees on Transportation and Infrastructure, Judiciary, Energy and Commerce, and Science, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

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 2004’’. 
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1 SEC. 2. INTERAGENCY COMMITTEE TO COORDINATE AND 

2 STREAMLINE HOMELAND SECURITY GRANT 

3 PROGRAMS. 

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

5 2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

6 section 801 the following: 

7 ‘‘SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE 

8 AND STREAMLINE HOMELAND SECURITY 

9 GRANT PROGRAMS. 

10 ‘‘(a) ESTABLISHMENT.—There is established an 

11 Interagency Committee to Coordinate and Streamline 

12 Homeland Security Grant Programs (in this subtitle re13 ferred to as the ‘Interagency Committee’), which shall—

14 ‘‘(1) report all findings to the Information 

15 Clearinghouse established under section 801(c); 

16 ‘‘(2) consult with State and local governments 

17 and emergency response providers regarding their 

18 homeland security needs and capabilities; 

19 ‘‘(3) advise the Secretary on the development of 

20 performance measures for homeland security grant 

21 programs and the national strategy for homeland se22 curity; 

23 ‘‘(4) not later than 60 days after the effective 

24 date of the Homeland Security Grant Enhancement 

25 Act of 2004—
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1 ‘‘(A) compile a list of homeland security 

2 assistance programs and their reporting re3 quirements, including—

4 ‘‘(i) those administered by the Office 

5 for Domestic Preparedness, such as—

6 ‘‘(I) the State Homeland Security 

7 Grant Program; 

8 ‘‘(II) high threat urban area 

9 grants; 

10 ‘‘(III) critical infrastructure secu11 rity grants; 

12 ‘‘(IV) research and development 

13 grant programs; 

14 ‘‘(V) training and technical as15 sistance grants; and 

16 ‘‘(VI) other discretionary or and 

17 assistance grant programs; 

18 ‘‘(ii) Federal Emergency Management 

19 Agency assistance programs, such as—

20 ‘‘(I) the Assistance to Fire21 fighters Grant Program; 

22 ‘‘(II) Citizen Corps; 

23 ‘‘(III) grants for emergency oper24 ations centers; 
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1 ‘‘(IV) interoperable communica2 tions grants; 

3 ‘‘(V) Urban Search and Rescue 

4 task forces; and 

5 ‘‘(VI) other Federal Emergency 

6 Management Agency assistance pro7 grams, except those grants intended 

8 to reimburse States, localities, and 

9 other applicants for costs resulting 

10 from disasters or emergencies de11 clared under to the Disaster Relief 

12 Act of 1974 (42 U.S.C. 5121 et seq.); 

13 ‘‘(iii) Transportation Security Admin14 istration assistance programs, such as port 

15 security grants; 

16 ‘‘(iv) Department of Justice assist17 ance programs, such as—

18 ‘‘(I) the Local Law Enforcement 

19 Block Grant; 

20 ‘‘(II) the Byrne Memorial For21 mula Grant Program; and 

22 ‘‘(III) the Community Oriented 

23 Policing Services program; 
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1 ‘‘(v) Department of Health and 

2 Human Services assistance programs, such 

3 as—

4 ‘‘(I) the Public Health Bioter5 rorism Preparedness program, admin6 istered by the Centers for Disease 

7 Control and Prevention; and 

8 ‘‘(II) the Hospital Bioterrorism 

9 Program, administered by the Health 

10 Resources and Services Administra11 tion; 

12 ‘‘(vi) related Federal assistance pro13 grams, such as—

14 ‘‘(I) the Hazardous Materials 

15 Emergency Preparedness Program of 

16 the Department of Transportation; 

17 and 

18 ‘‘(II) the water security assist19 ance programs administered by the 

20 Environmental Protection Agency; 

21 and 

22 ‘‘(vii) any related grant or assistance 

23 program, as determined by the Interagency 

24 Committee; and 
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1 ‘‘(B) identify all homeland security plan2 ning requirements contained in homeland secu3 rity emergency preparedness, and public safety 

4 programs administered by Federal agencies, in5 cluding—

6 ‘‘(i) terrorism preparedness plans, 

7 such as those required by the Office for 

8 Domestic Preparedness and other entities 

9 within the Department; 

10 ‘‘(ii) all hazards emergency prepared11 ness plans, such as those required in the 

12 Emergency Management Performance 

13 Grants administered by the Federal Emer14 gency Management Agency; 

15 ‘‘(iii) bioterrorism response plans, 

16 such as those required in bioterrorism pre17 paredness programs administered by the 

18 Department of Health and Human Serv19 ices; 

20 ‘‘(iv) hazardous materials response 

21 plans, such as those required by the Envi22 ronmental Protection Agency and the De23 partment of Transportation; 

24 ‘‘(v) critical infrastructure security 

25 plans, such as those required by—
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1 ‘‘(I) the Transportation Security 

2 Administration; 

3 ‘‘(II) the Environmental Protec4 tion Agency; 

5 ‘‘(III) the Department of Trans6 portation; and 

7 ‘‘(IV) the Nuclear Regulatory 

8 Commission; 

9 ‘‘(vi) law enforcement and public safe10 ty plans administered by the Department 

11 of Justice, such as those required by—

12 ‘‘(I) the Local Law Enforcement 

13 Block Grant; 

14 ‘‘(II) the Byrne Memorial For15 mula Grant Program; and 

16 ‘‘(III) the Community Oriented 

17 Policing Services program; and 

18 ‘‘(vii) any other planning requirement 

19 identified by the Interagency Committee; 

20 ‘‘(5) not later than 120 days after the effective 

21 date of the Homeland Security Grant Enhancement 

22 Act of 2004, review—

23 ‘‘(A) all application, reporting, and other 

24 administrative requirements contained in grant 

25 programs under paragraph (4)(A) and report 
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1 all redundant and duplicative requirements to 

2 the appropriate committees of Congress and the 

3 agencies represented in the Interagency Com4 mittee; and 

5 ‘‘(B) all homeland security planning and 

6 other administrative requirements under para7 graph (4)(B) and report all redundant and du8 plicative requirements to the appropriate com9 mittees of Congress and the agencies rep10 resented in the Interagency committee; 

11 ‘‘(6) not later than 150 days after the effective 

12 date of the Homeland Security Grant Enhancement 

13 Act of 2004, provide recommendations to—

14 ‘‘(A) the agencies with the requirements 

15 identified under paragraph (4)(A) to streamline 

16 and standardize application, reporting, and ad17 ministrative requirements to eliminate duplica18 tion and promote coordination of homeland se19 curity planning grants; and 

20 ‘‘(B) the agencies involved with the grant 

21 programs under paragraph (4)(B) to streamline 

22 and standardize planning requirements to elimi23 nate duplication and promote coordination; and 

24 ‘‘(7) not later than 250 days after the effective 

25 date of the Homeland Security Grant Enhancement 
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1 Act of 2004, issue a report to Congress regarding its 

2 actions under this subsection. 

3 ‘‘(b) MEMBERSHIP.—The Interagency Committee 

4 shall be composed of a representative of—

5 ‘‘(1) the Department of Homeland Security; 

6 ‘‘(2) the Department of Health and Human 

7 Services; 

8 ‘‘(3) the Department of Transportation; 

9 ‘‘(4) the Department of Justice; 

10 ‘‘(5) the Environmental Protection Agency; and 

11 ‘‘(6) any other department or agency deter12 mined to be necessary by the President. 

13 ‘‘(c) ADMINISTRATION.—The Department shall pro14 vide 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 ‘‘(d) CHAIRPERSON.—The Secretary shall designate 

21 a chairperson of the Interagency Committee. 

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

23 meet—

24 ‘‘(1) at the call of the Secretary; or 
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1 ‘‘(2) not less frequently than once every 1 

2 month.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.—

4 The table of contents for the Homeland Security Act of 

5 2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

6 the item relating to section 801 the following:

‘‘Sec. 802. Interagency Committee To Coordinate and Streamline Homeland 

Security Grant Programs.’’.

7 SEC. 3. STREAMLINING FEDERAL HOMELAND SECURITY 

8 GRANTS. 

9 (a) DIRECTOR OF STATE AND LOCAL GOVERNMENT

10 COORDINATION.—Section 801 of the Homeland Security 

11 Act of 2002 (6 U.S.C. 101 et seq.) is amended—

12 (1) by amending subsection (a) to read as fol13 lows: 

14 ‘‘(a) ESTABLISHMENT.—

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

16 the Office of the Secretary the Office for State and 

17 Local Government Coordination, which shall oversee 

18 and coordinate departmental programs for, and rela19 tionships with, State and local governments. 

20 ‘‘(2) DIRECTOR.—The Office established under 

21 paragraph (1) shall be headed by the Director of 

22 State and Local Government Coordination, who shall 

23 be appointed by the President, by and with the ad24 vice and consent of the Senate.’’; 
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1 (2) in subsection (b)—

2 (A) in paragraph (3), by striking ‘‘and’’ at 

3 the end; 

4 (B) in paragraph (4), by striking the pe5 riod and inserting ‘‘; and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(5) administering the firefighter assistance 

8 grant program established under section 33 of the 

9 Federal Fire Prevention and Control Act of 1974 

10 (15 U.S.C. 2229) by—

11 ‘‘(A) coordinating grant making activities 

12 with—

13 ‘‘(i) emergency preparedness and re14 sponse personnel; 

15 ‘‘(ii) grants made under section 4 of 

16 the Homeland Security Grant Enhance17 ment Act of 2004; and 

18 ‘‘(iii) grants made under other Fed19 eral programs to enhance emergency pre20 paredness; 

21 ‘‘(B) awarding grants on a competitive 

22 basis directly to fire departments of a State, in 

23 consultation with the chief executive of the 

24 State, for the purpose of protecting the health 
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1 and safety of the public and firefighting per2 sonnel against fire and fire-related hazards; 

3 ‘‘(C) complying with the administrative re4 quirements set forth in section 33 of the Fed5 eral Fire Prevention and Control Act of 1974 

6 (15 U.S.C. 2229) and retaining the administra7 tive requirements set forth under part 152 of 

8 title 44, Code of Federal Regulations; and 

9 ‘‘(D) ensuring that all equipment pur10 chased with grant funds for which there are vol11 untary consensus standards meet such stand12 ards.’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(c) REFERENCE.—All references to ‘Director’ in 

15 section 33 of the Federal Fire Prevention and Control Act 

16 of 1974 (15 U.S.C. 2229) shall be deemed to refer to the 

17 Director for State and Local Government Coordination.’’. 

18 (b) OFFICE FOR DOMESTIC PREPAREDNESS.—The 

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

20 is amended—

21 (1) by redesignating section 430 as section 803 

22 and transferring that section to the end of subtitle 

23 A of title VIII, as amended by section 2; 

24 (2) in section 803, as redesignated by para25 graph (1)—
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1 (A) in subsection (a), by striking ‘‘the Di2 rectorate of Border and Transportation Secu3 rity’’ and inserting ‘‘the Office for State and 

4 Local Government Coordination’’; 

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

6 shall be appointed by the President’’ and all 

7 that follows and inserting ‘‘who shall report di8 rectly to the Director of State and Local Gov9 ernment Coordination.’’; and 

10 (C) in subsection (c)—

11 (i) in paragraph (7)—

12 (I) by striking ‘‘other’’ and in13 serting ‘‘the’’; 

14 (II) by striking ‘‘consistent with 

15 the mission and functions of the Di16 rectorate’’; and 

17 (III) by striking ‘‘and’’ at the 

18 end; 

19 (ii) in paragraph (8)—

20 (I) by inserting ‘‘carrying out’’ 

21 before ‘‘those elements’’; and 

22 (II) by striking the period at the 

23 end and inserting ‘‘; and’’; and 

24 (iii) by adding at the end the fol25 lowing: 
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1 ‘‘(9) managing the Homeland Security Informa2 tion Clearinghouse established under section 

3 801(c).’’. 

4 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

5 The table of contents for the Homeland Security Act of 

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

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

8 and 

9 (2) by inserting after the item relating to sec10 tion 802, as added by this Act, the following: 

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

11 (d) ESTABLISHMENT OF HOMELAND SECURITY IN12 FORMATION CLEARINGHOUSE.—Section 801 of the Home13 land Security Act of 2002 (6 U.S.C. 101 et seq.) is amend14 ed by adding at the end the following: 

15 ‘‘(c) HOMELAND SECURITY INFORMATION CLEAR16 INGHOUSE.— 

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

18 within the Office for State and Local Government 

19 Coordination a Homeland Security Information 

20 Clearinghouse (referred to in this section as the 

21 ‘Clearinghouse’), which shall assist States, local gov22 ernments, and first responders in accordance with 

23 paragraphs (2) through (5). 

24 ‘‘(2) HOMELAND SECURITY GRANT INFORMA25 TION.—The Clearinghouse shall create and maintain 
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1 a web site, a toll-free number, and a single publica2 tion containing information regarding the homeland 

3 security grant programs identified under section 

4 802(a)(4)(A). 

5 ‘‘(3) TECHNICAL ASSISTANCE.—The Clearing6 house, in consultation with the Interagency Com7 mittee established under section 802, shall— 

8 ‘‘(A) coordinate technical assistance pro9 vided by any Federal agency to States and local 

10 governments to conduct threat analyses and 

11 vulnerability assessments; and 

12 ‘‘(B) establish templates for conducting 

13 threat analyses and vulnerability assessments. 

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

15 shall work with States, local governments, emer16 gency response providers and the National Domestic 

17 Preparedness Consortium, and private organizations 

18 to gather, validate, and disseminate information re19 garding successful State and local homeland security 

20 programs and practices. 

21 ‘‘(5) USE OF FEDERAL FUNDS.—The Clearing22 house shall compile information regarding equip23 ment, training, and other services purchased with 

24 Federal funds provided under the homeland security 

25 grant programs identified under section 
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1 802(a)(4)(A), and make such information, and infor2 mation regarding voluntary standards of training, 

3 equipment, and exercises, available to States, local 

4 governments, and first responders. 

5 ‘‘(6) OTHER INFORMATION.—The Clearing6 house shall provide States, local governments, and 

7 first responders with any other information that the 

8 Secretary determines necessary.’’. 

9 SEC. 4. HOMELAND SECURITY GRANT PROGRAM. 

10 (a) DEFINITION.—In this section, the term ‘‘State’’ 

11 has the meaning given that term in section 2 of the Home12 land Security Act of 2002 (6 U.S.C. 101 et seq.). 

13 (b) GRANTS AUTHORIZED.—The Secretary of Home14 land Security (in this section referred to as the ‘‘Sec15 retary’’) may award grants to States to enhance homeland 

16 security. 

17 (c) USE OF FUNDS.— 

18 (1) IN GENERAL.—Grants awarded under sub19 section (b)— 

20 (A) shall be used to address homeland se21 curity matters related to acts of terrorism or 

22 major disasters and related capacity building; 

23 and 
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1 (B) shall not be used to supplant ongoing 

2 first responder expenses or general protective 

3 measures. 

4 (2) ALLOWABLE USES.—Grants awarded under 

5 subsection (b) may be used to— 

6 (A) develop State plans or risk assess7 ments (including the development of the home8 land security plan) to respond to terrorist at9 tacks and strengthen all hazards emergency 

10 planning in coordination with the requirements 

11 under section 201 of the Disaster Relief Act of 

12 1974 (42 U.S.C 5131), and community-wide 

13 plans for responding to terrorist or all hazards 

14 emergency events that are coordinated with the 

15 capacities of applicable Federal, State, and local 

16 governments, first responders, and State and 

17 local government health agencies; 

18 (B) build and sustain comprehensive all19 hazards emergency management capacity, such 

20 as planning, training, exercises, personnel, oper21 ational activities, equipment, early warning, 

22 public information and education, mutual aid, 

23 and other preparedness, response, and recovery 

24 activities; 
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1 (C) develop State, regional, or local mutual 

2 aid agreements; 

3 (D) purchase or upgrade equipment based 

4 on State and local needs as identified under a 

5 State homeland security plan; 

6 (E) conduct exercises to strengthen emer7 gency preparedness of State and local first re8 sponders including law enforcement, fire fight9 ing personnel, and emergency medical service 

10 workers, and other emergency responders iden11 tified in a State homeland security plan; 

12 (F) pay for overtime expenses relating to 

13 training activities consistent with the goals out14 lined in a State homeland security plan; and 

15 (G) promote training regarding homeland 

16 security preparedness including— 

17 (i) emergency preparedness responses 

18 to a use or threatened use of a weapon of 

19 mass destruction; and 

20 (ii) training in the use of equipment, 

21 including detection, monitoring, and decon22 tamination equipment, and personal pro23 tective gear. 

24 (3) PROHIBITED USES.— 
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1 (A) CONSTRUCTION.—Grants awarded 

2 under subsection (b) may not be used to con3 struct buildings or other physical facilities, ex4 cept those described in section 611 of the Dis5 aster Relief Act of 1974 (42 U.S.C. 5196), or 

6 to acquire land. 

7 (B) COMPENSATION.—Not more than 5 

8 percent of grant funds provided under this sec9 tion may be expended for the compensation of 

10 emergency planning personnel authorized under 

11 paragraph (2)(B). The amount of any such 

12 grant expended for the compensation of per13 sonnel shall not exceed the amount of State or 

14 local government funds made available to in15 crease such compensation. 

16 (C) OVERTIME EXPENSES.—Not more 

17 than 5 percent of grant funds provided under 

18 this section may be used for overtime expenses 

19 for training carried out under paragraph 

20 (2)(F). 

21 (D) COST SHARING.—Grant funds pro22 vided under this section shall not be used for 

23 any State or local government cost sharing con24 tribution request under this section. 

25 (d) APPLICATION.— 
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1 (1) SUBMISSION.—A State may apply for a 

2 grant under this section by submitting to the Sec3 retary an application at such time, and in such man4 ner, and containing such information the Secretary 

5 may reasonably require. 

6 (2) REVISIONS.—A State may revise a home7 land security plan certified under subsection (e) at 

8 the time an application is submitted under para9 graph (1) after receiving approval from the Sec10 retary. 

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

12 a grant under this section unless the application 

13 submitted by the State includes a homeland security 

14 plan meeting the requirements of subsection (e). 

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

16 release grant funds to States with approved plans 

17 after the approval of an application submitted under 

18 this subsection. 

19 (e) HOMELAND SECURITY PLAN.— 

20 (1) IN GENERAL.—An application submitted 

21 under subsection (d) shall include a certification that 

22 the State has prepared a 3-year State homeland se23 curity plan (referred to in this subsection as the 

24 ‘‘plan’’) to respond to terrorist attacks and strength-
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1 en all hazards emergency planning that has been ap2 proved by the Secretary. 

3 (2) CONTENTS.—The plan shall contain meas4 urable goals and objectives that— 

5 (A) establish a 3-year strategy to set prior6 ities for the allocation of funding to political 

7 subdivisions based on the risk, capabilities, and 

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

9 (B) provide for interoperable communica10 tions; 

11 (C) provide for local coordination of re12 sponse and recovery efforts, including proce13 dures for effective incident command in con14 formance with the National Incident Manage15 ment System; 

16 (D) ensure that first responders and other 

17 emergency personnel have adequate training 

18 and appropriate equipment for the threats that 

19 may occur; 

20 (E) provide for improved coordination and 

21 collaboration among police, fire, and public 

22 health authorities at State and local levels; 

23 (F) coordinate emergency response and 

24 public health plans; 
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1 (G) mitigate risks to critical infrastructure 

2 that may be vulnerable to terrorist attacks; 

3 (H) promote regional coordination among 

4 contiguous local governments; 

5 (I) identify necessary protective measures 

6 by private owners of critical infrastructure; 

7 (J) promote orderly evacuation procedures 

8 when necessary; 

9 (K) ensure support from the public health 

10 community for measures needed to prevent, de11 tect and treat bioterrorism, and radiological and 

12 chemical incidents; 

13 (L) increase the number of local jurisdic14 tions participating in local and statewide exer15 cises; 

16 (M) meet preparedness goals as deter17 mined by the Secretary; and 

18 (N) include a report from the relevant ad19 visory committee established under paragraph 

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

21 disagreement, or recommended changes to the 

22 plan before its submission to the Secretary. 

23 (3) DEVELOPMENT PROCESS.— 

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

25 under this section, a State shall— 
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1 (i) provide for the consideration of all 

2 homeland security needs; 

3 (ii) follow a process that is continuing, 

4 inclusive, cooperative, and comprehensive, 

5 as appropriate; and 

6 (iii) coordinate the development of the 

7 plan with the homeland security planning 

8 activities of local governments. 

9 (B) COORDINATION WITH LOCAL PLAN10 NING ACTIVITIES.—The coordination under sub11 paragraph (A)(iii) shall allow input from local 

12 stakeholders, including— 

13 (i) local officials; 

14 (ii) first responders and emergency re15 sponse providers; and 

16 (iii) private sector companies, such as 

17 railroads and chemical manufacturers. 

18 (C) SCOPE OF PLANNING.—Each State 

19 preparing a plan under this section shall, in 

20 conjunction with the local stakeholders under 

21 subparagraph (B), address all the information 

22 requested by the Secretary, and complete a 

23 comprehensive assessment of— 

24 (i) risk, including a— 

25 (I) vulnerability assessment; 
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1 (II) threat assessment; and 

2 (III) public health assessment, in 

3 coordination with the State bioter4 rorism plan; and 

5 (ii) capabilities and needs, including— 

6 (I) an evaluation of current pre7 paredness, mitigation, and response 

8 capabilities based on such assessment 

9 mechanisms as shall be determined by 

10 the Secretary; 

11 (II) an evaluation of capabilities 

12 needed to address the risks described 

13 under clause (i); and 

14 (III) an assessment of the short15 fall between the capabilities described 

16 under subclause (I) and the required 

17 capabilities described under subclause 

18 (II). 

19 (D) ADVISORY COMMITTEE.— 

20 (i) IN GENERAL.—Each State pre21 paring a plan under this section shall es22 tablish an advisory committee to receive 

23 comments from the public and the local 

24 stakeholders identified under subparagraph 

25 (B). 
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1 (ii) COMPOSITION.—The Advisory 

2 Committee shall include local officials, local 

3 first responders, and emergency response 

4 providers that are representative of the 

5 counties, cities, and towns within the 

6 State. 

7 (4) PLAN APPROVAL.—The Secretary shall ap8 prove a plan upon finding that the plan meets the 

9 requirements of— 

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

11 (B) the interim performance measurements 

12 under subsection (h)(1), or the national per13 formance standards under subsection (h)(2); 

14 and 

15 (C) any other criteria the Secretary deter16 mines necessary to the approval of a State plan. 

17 (5) REVIEW OF ADVISORY COMMITTEE RE18 PORT.—The Secretary shall review the recommenda19 tions of the advisory committee report incorporated 

20 into a plan under subsection (e)(2)(N) to ensure co21 operation and coordination between local and State 

22 jurisdictions in planning the use of grant funds 

23 under this section. 

24 (f) DISCRETIONARY GRANT PROGRAM.— 
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1 (1) IN GENERAL.—The Secretary shall use 10 

2 percent of the funds appropriated under this section 

3 to make discretionary grants to local governments 

4 that the Secretary considers to be high threat areas 

5 based upon the criteria under paragraph (2). 

6 (2) HIGH THREAT AREA CRITERIA.—The Sec7 retary shall ensure that an award of a grant under 

8 this subsection is based upon the consideration of 

9 the local government’s— 

10 (A) population and population density; 

11 (B) location, risk, or vulnerability of crit12 ical infrastructure or key national assets; and 

13 (C) any other factors determined by the 

14 Secretary. 

15 (3) CONSISTENCY.—Any grant awarded under 

16 this subsection shall be used to supplement and sup17 port, in a consistent and coordinated manner with, 

18 those activities and objectives described under sub19 section (b) or a State homeland security plan. 

20 (4) COORDINATION.—The Secretary shall en21 sure that any grants made under this subsection en22 courage multiple contiguous units of local govern23 ment and mutual aid partners to coordinate any 

24 homeland security activities. 

25 (g) FUNDING.— 
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1 (1) IN GENERAL.—The Secretary shall make 

2 awards of grant funds in accordance with para3 graphs (2) through (7). 

4 (2) MAINTAINING A BASELINE LEVEL OF SECU5 RITY.—Each State whose application is approved 

6 under subsection (c), including the District of Co7 lumbia and the Commonwealth of Puerto Rico shall 

8 receive .75 percent of the total amount appropriated 

9 in any fiscal year. The United States Territories (in10 cluding American Samoa, the Commonwealth of 

11 Northern Mariana Islands, Guam, and the United 

12 States Virgin Islands) shall receive .25 percent of 

13 the total amount appropriated in any fiscal year. 

14 (3) ASSESSMENT.—The Secretary shall dis15 tribute any remaining available grant funds, after 

16 distribution of funds for grants under subsections 

17 (d) and (f), based on— 

18 (A) population and population density; 

19 (B) threat, risk, and vulnerability of crit20 ical infrastructure or key national assets identi21 fied in the State homeland security plan; and 

22 (C) any other factors identified by the Sec23 retary. 

24 (4) FUNDING FOR LOCAL ENTITIES AND FIRST

25 RESPONDERS.—The Secretary shall require grant re-
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1 cipients to provide local governments, first respond2 ers, and other local groups, consistent with the ap3 plicable State homeland security plan, with not less 

4 than 80 percent of the grant funds, the resources 

5 purchased with such grant funds, or a combination 

6 thereof, not later than 60 days after receiving grant 

7 funds under this section. 

8 (5) STATE AND LOCAL MATCH.— 

9 (A) IN GENERAL.—The Secretary shall re10 quire a recipient of a grant under this section 

11 to make available non-Federal contributions in 

12 an amount equal to 25 percent of the Federal 

13 funds provided under the grant. 

14 (B) EFFECTIVE DATE.—The matching re15 quirement under subparagraph (A) shall take 

16 effect 2 years after the date of enactment of 

17 this Act. 

18 (6) REPORT ON HOMELAND SECURITY SPEND19 ING.—Each recipient of a grant under this section 

20 shall annually submit a report to the Secretary that 

21 contains— 

22 (A) an accounting of the amount of State 

23 and local funds spent on homeland security ac24 tivities under the applicable State homeland se25 curity plan; and 
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1 (B) information regarding the use of grant 

2 funds by units of local government as required 

3 by the Secretary. 

4 (7) SUPPLEMENT NOT SUPPLANT.—Amounts 

5 appropriated for grants under this section shall be 

6 used to supplement and not supplant other State 

7 and local public funds obligated for the purposes 

8 provided under this Act. 

9 (h) ACCOUNTABILITY.— 

10 (1) INTERIM PERFORMANCE MEASURES.— 

11 (A) IN GENERAL.—Before establishing per12 formance standards under paragraph (2), the 

13 Secretary shall assist each State in establishing 

14 interim performance measures based upon— 

15 (i) the goals and objectives under sub16 section (e)(2); and 

17 (ii) any other factors determined by 

18 the Secretary. 

19 (B) ANNUAL REPORT.—Before establishing 

20 performance measures under paragraph (2), 

21 each State with an approved State plan shall 

22 submit to the Secretary a report detailing the 

23 progress the State has made in meeting the in24 terim performance measures established under 

25 subparagraph (A). 
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1 (2) NATIONAL PERFORMANCE STANDARDS.— 

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

3 after the date of enactment of this Act, the Sec4 retary shall set national performance standards 

5 based in part on the goals and objectives under 

6 subsection (e)(2) and any other factors the Sec7 retary determines relevant. 

8 (B) COMPLIANCE.—The Secretary shall 

9 ensure that State plans are in conformance 

10 with the standards set under subparagraph (A). 

11 (C) ANNUAL REPORT.—After the establish12 ment of performance standards under subpara13 graph (A), each State with an approved State 

14 homeland security plan shall submit to the Sec15 retary a report on the progress the State has 

16 made in meeting such standards. 

17 (3) GENERAL ACCOUNTING OFFICE ACCESS TO

18 INFORMATION.—Each recipient of a grant under this 

19 section and the Department of Homeland Security 

20 shall provide the General Accounting Office with full 

21 access to information regarding the activities carried 

22 out under this section. 

23 (4) AUDIT.—Grant recipients that expend 

24 $300,000 or more in Federal funds during any fiscal 

25 year shall submit to the Secretary an organization 
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1 wide financial and compliance audit report in con2 formance with the requirements of chapter 75 of 

3 title 31, United States Code. 

4 (i) REMEDIES FOR NON-COMPLIANCE.— 

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

6 reasonable notice and an opportunity for a hearing, 

7 that a recipient of a grant under this section has 

8 failed to substantially comply with any provision of 

9 this section, the Secretary shall— 

10 (A) terminate any payment of grant funds 

11 to be made to the recipient under this section; 

12 (B) reduce the amount of payment of 

13 grant funds to the recipient by an amount equal 

14 to the amount of grants funds that were not ex15 pended by the recipient in accordance with this 

16 section; or 

17 (C) limit the use of grant funds received 

18 under this section to programs, projects, or ac19 tivities not affected by the failure to comply. 

20 (2) DURATION OF PENALTY.—The Secretary 

21 shall apply an appropriate penalty under paragraph 

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

23 the grant recipient is in full compliance with this 

24 section. 
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1 (j) REPORTS TO CONGRESS.—The Secretary shall 

2 submit an annual report to Congress that provides— 

3 (1) findings relating to the performance stand4 ards established under subsection (h); 

5 (2) the status of preparedness goals and objec6 tives; 

7 (3) an evaluation of how States and local gov8 ernments are meeting preparedness goals and objec9 tives; 

10 (4) the total amount of resources provided to 

11 the States; 

12 (5) the total amount of resources provided to 

13 units of local government; and 

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

15 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated such sums as are nec17 essary to carry out this section. 

18 SEC. 5. FLEXIBILITY IN UNSPENT HOMELAND SECURITY 

19 FUNDS. 

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

21 Office for Domestic Preparedness, Department of Home22 land Security, shall allow any State to request approval 

23 to reallocate funds received pursuant to appropriations for 

24 the State Homeland Security Grant Program under Public 

25 Laws 105–277 (112 Stat. 2681 et seq.), 106–113 (113 
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1 Stat. 1501A–3 et seq.), 106–553 (114 Stat. 2762A–3 et 

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

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

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

5 and planning. 

6 (b) APPROVAL OF REALLOCATION REQUESTS.—The 

7 Director shall approve reallocation requests under sub8 section (a) in accordance with the State plan and any 

9 other relevant factors that the Secretary of Homeland Se10 curity determines to be necessary. 

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

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

13 percent of the amount appropriated for equipment to units 

14 of local government. 

Æ