145 
Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2229, 2229a). 
‘‘(3) EMERGENCY
MANAGEMENT
PLANNING 
AND
ASSISTANCE
ACCOUNT
GRANTS.—The Emer-
gency Management Performance Grant program and 
the Urban Search and Rescue Grants program au-
thorized by title VI of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.); the Departments of Veterans 
Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 2000 
(113 Stat. 1047 et seq.); and the Earthquake Haz-
ards Reduction Act of 1977 (42 U.S.C. 7701 et 
seq.). 
‘‘SEC. 2003. COVERED GRANT ELIGIBILITY AND CRITERIA. 
‘‘(a) GRANT ELIGIBILITY.—Any State, region, or di-
rectly eligible tribe shall be eligible to apply for a covered 
grant. 
‘‘(b) GRANT CRITERIA.—The Secretary shall award 
covered grants to assist States and local governments in 
achieving, maintaining, and enhancing the essential capa-
bilities for terrorism preparedness established by the Sec-
retary. 
‘‘(c) STATE HOMELAND SECURITY PLANS.— 
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146 
‘‘(1) SUBMISSION
OF
PLANS.—The Secretary 
shall require that any State applying to the Sec-
retary for a covered grant must submit to the Sec-
retary a 3-year State homeland security plan that— 
‘‘(A) describes the essential capabilities 
that communities within the State should pos-
sess, or to which they should have access, based 
upon the terrorism risk factors relevant to such 
communities, in order to meet the Department’s 
goals for terrorism preparedness; 
‘‘(B) demonstrates the extent to which the 
State has achieved the essential capabilities 
that apply to the State; 
‘‘(C) demonstrates the needs of the State 
necessary to achieve, maintain, or enhance the 
essential capabilities that apply to the State; 
‘‘(D) includes a prioritization of such needs 
based on threat, vulnerability, and consequence 
assessment factors applicable to the State; 
‘‘(E) describes how the State intends— 
‘‘(i) to address such needs at the city, 
county, regional, tribal, State, and inter-
state level, including a precise description 
of any regional structure the State has es-
tablished for the purpose of organizing 
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147 
homeland security preparedness activities 
funded by covered grants; 
‘‘(ii) to use all Federal, State, and 
local resources available for the purpose of 
addressing such needs; and 
‘‘(iii) to give particular emphasis to 
regional planning and cooperation, includ-
ing the activities of multijurisdictional 
planning agencies governed by local offi-
cials, both within its jurisdictional borders 
and with neighboring States; 
‘‘(F) with respect to the emergency pre-
paredness of first responders, addresses the 
unique aspects of terrorism as part of a com-
prehensive State emergency management plan; 
and 
‘‘(G) provides for coordination of response 
and recovery efforts at the local level, including 
procedures for effective incident command in 
conformance with the National Incident Man-
agement System. 
‘‘(2) CONSULTATION.—The State plan sub-
mitted under paragraph (1) shall be developed in 
consultation with and subject to appropriate com-
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148 
ment by local governments and first responders 
within the State. 
‘‘(3) APPROVAL
BY
SECRETARY.—The Sec-
retary may not award any covered grant to a State 
unless the Secretary has approved the applicable 
State homeland security plan. 
‘‘(4) REVISIONS.—A State may revise the appli-
cable State homeland security plan approved by the 
Secretary under this subsection, subject to approval 
of the revision by the Secretary. 
‘‘(d) CONSISTENCY WITH STATE PLANS.—The Sec-
retary shall ensure that each covered grant is used to sup-
plement and support, in a consistent and coordinated 
manner, the applicable State homeland security plan or 
plans. 
‘‘(e) APPLICATION FOR GRANT.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, any State, region, or di-
rectly eligible tribe may apply for a covered grant by 
submitting to the Secretary an application at such 
time, in such manner, and containing such informa-
tion as is required under this subsection, or as the 
Secretary may reasonably require. 
‘‘(2) DEADLINES
FOR
APPLICATIONS
AND 
AWARDS.—All applications for covered grants must 
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be submitted at such time as the Secretary may rea-
sonably require for the fiscal year for which they are 
submitted. The Secretary shall award covered grants 
pursuant to all approved applications for such fiscal 
year as soon as practicable, but not later than 
March 1 of such year. 
‘‘(3) AVAILABILITY
OF
FUNDS.—All funds 
awarded by the Secretary under covered grants in a 
fiscal year shall be available for obligation through 
the end of the subsequent fiscal year. 
‘‘(4) MINIMUM CONTENTS OF APPLICATION.— 
The Secretary shall require that each applicant in-
clude in its application, at a minimum— 
‘‘(A) the purpose for which the applicant 
seeks covered grant funds and the reasons why 
the applicant needs the covered grant to meet 
the essential capabilities for terrorism prepared-
ness within the State, region, or directly eligible 
tribe to which the application pertains; 
‘‘(B) a description of how, by reference to 
the applicable State homeland security plan or 
plans under subsection (c), the allocation of 
grant funding proposed in the application, in-
cluding, where applicable, the amount not 
passed through to local governments, first re-
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150 
sponders, and other local groups, would assist 
in fulfilling the essential capabilities for ter-
rorism preparedness specified in such plan or 
plans; 
‘‘(C) a statement of whether a mutual aid 
agreement applies to the use of all or any por-
tion of the covered grant funds; 
‘‘(D) if the applicant is a State, a descrip-
tion of how the State plans to allocate the cov-
ered grant funds to regions, local governments, 
and Indian tribes; 
‘‘(E) if the applicant is a region— 
‘‘(i) a precise geographical description 
of the region and a specification of all par-
ticipating and nonparticipating local gov-
ernments within the geographical area 
comprising that region; 
‘‘(ii) a specification of what govern-
mental entity within the region will admin-
ister the expenditure of funds under the 
covered grant; and 
‘‘(iii) a designation of a specific indi-
vidual to serve as regional liaison; 
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151 
‘‘(F) a capital budget showing how the ap-
plicant intends to allocate and expend the cov-
ered grant funds; 
‘‘(G) if the applicant is a directly eligible 
tribe, a designation of a specific individual to 
serve as the tribal liaison; and 
‘‘(H) a statement of how the applicant in-
tends to meet the matching requirement, if any, 
that applies under section 2005(g). 
‘‘(5) REGIONAL APPLICATIONS.— 
‘‘(A) RELATIONSHIP TO STATE APPLICA-
TIONS.—A regional application— 
‘‘(i) shall be coordinated with an ap-
plication submitted by the State or States 
of which such region is a part; 
‘‘(ii) shall supplement and avoid dupli-
cation with such State application; and 
‘‘(iii) shall address the unique regional 
aspects of such region’s terrorism pre-
paredness needs beyond those provided for 
in the application of such State or States. 
‘‘(B) STATE REVIEW AND SUBMISSION.— 
To ensure the consistency required under sub-
section (d) and the coordination required under 
subparagraph (A), an applicant that is a region 
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152 
must submit its application to each State of 
which any part is included in the region for re-
view and concurrence prior to the submission of 
such application to the Secretary. The regional 
application shall be transmitted to the Sec-
retary through each such State within 30 days 
of its receipt, unless the Governor of such a 
State notifies the Secretary, in writing, that 
such regional application is inconsistent with 
the State’s homeland security plan and provides 
an explanation of the reasons therefor. 
‘‘(C) 
DISTRIBUTION
OF
REGIONAL 
AWARDS.—If the Secretary approves a regional 
application, then the Secretary shall distribute 
a regional award to the State or States submit-
ting the applicable regional application under 
subparagraph (B), and each such State shall, 
not later than the end of the 45-day period be-
ginning on the date after receiving a regional 
award, pass through to the region all covered 
grant funds or resources purchased with such 
funds, except those funds necessary for the 
State to carry out its responsibilities with re-
spect to such regional application: Provided, 
That in no such case shall the State or States 
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153 
pass through to the region less than 80 percent 
of the regional award. 
‘‘(D) CERTIFICATIONS
REGARDING
DIS-
TRIBUTION OF GRANT FUNDS TO REGIONS.— 
Any State that receives a regional award under 
subparagraph (C) shall certify to the Secretary, 
by not later than 30 days after the expiration 
of the period described in subparagraph (C) 
with respect to the grant, that the State has 
made available to the region the required funds 
and resources in accordance with subparagraph 
(C). 
‘‘(E) DIRECT PAYMENTS TO REGIONS.—If 
any State fails to pass through a regional 
award to a region as required by subparagraph 
(C) within 45 days after receiving such award 
and does not request or receive an extension of 
such period, the region may petition the Sec-
retary to receive directly the portion of the re-
gional award that is required to be passed 
through to such region under subparagraph 
(C). 
‘‘(F) REGIONAL LIAISONS.—A regional li-
aison designated under paragraph (4)(E)(iii) 
shall— 
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154 
‘‘(i) coordinate with Federal, State, 
local, regional, and private officials within 
the region concerning terrorism prepared-
ness; 
‘‘(ii) develop a process for receiving 
input from Federal, State, local, regional, 
and private sector officials within the re-
gion to assist in the development of the re-
gional application and to improve the re-
gion’s access to covered grants; and 
‘‘(iii) administer, in consultation with 
State, local, regional, and private officials 
within the region, covered grants awarded 
to the region. 
‘‘(6) TRIBAL APPLICATIONS.— 
‘‘(A) SUBMISSION
TO
THE
STATE
OR 
STATES.—To ensure the consistency required 
under subsection (d), an applicant that is a di-
rectly eligible tribe must submit its application 
to each State within the boundaries of which 
any part of such tribe is located for direct sub-
mission to the Department along with the appli-
cation of such State or States. 
‘‘(B) OPPORTUNITY
FOR
STATE
COM-
MENT.—Before awarding any covered grant to 
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155 
a directly eligible tribe, the Secretary shall pro-
vide an opportunity to each State within the 
boundaries of which any part of such tribe is lo-
cated to comment to the Secretary on the con-
sistency of the tribe’s application with the 
State’s homeland security plan. Any such com-
ments shall be submitted to the Secretary con-
currently with the submission of the State and 
tribal applications. 
‘‘(C) FINAL
AUTHORITY.—The Secretary 
shall have final authority to determine the con-
sistency of any application of a directly eligible 
tribe with the applicable State homeland secu-
rity plan or plans, and to approve any applica-
tion of such tribe. The Secretary shall notify 
each State within the boundaries of which any 
part of such tribe is located of the approval of 
an application by such tribe. 
‘‘(D) TRIBAL
LIAISON.—A tribal liaison 
designated under paragraph (4)(G) shall— 
‘‘(i) coordinate with Federal, State, 
local, regional, and private officials con-
cerning terrorism preparedness; 
‘‘(ii) develop a process for receiving 
input from Federal, State, local, regional, 
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156 
and private sector officials to assist in the 
development of the application of such 
tribe and to improve the tribe’s access to 
covered grants; and 
‘‘(iii) administer, in consultation with 
State, local, regional, and private officials, 
covered grants awarded to such tribe. 
‘‘(E) LIMITATION ON THE NUMBER OF DI-
RECT GRANTS.—The Secretary may make cov-
ered grants directly to not more than 20 di-
rectly eligible tribes per fiscal year. 
‘‘(F) TRIBES
NOT
RECEIVING
DIRECT 
GRANTS.—An Indian tribe that does not receive 
a grant directly under this section is eligible to 
receive funds under a covered grant from the 
State or States within the boundaries of which 
any part of such tribe is located, consistent with 
the homeland security plan of the State as de-
scribed in subsection (c). If a State fails to pass 
through funds, the tribe may petition the Sec-
retary to receive payment in the same manner 
as a local government. 
‘‘(7) EQUIPMENT STANDARDS.—If an applicant 
for a covered grant proposes to upgrade or purchase, 
with assistance provided under the grant, new equip-
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