including any costs referred to in sub-
section (a)(4); or 
‘‘(ii) impose any additional limitation, 
including any fiscal year limitation, beyond 
the limitations described in the matter pre-
ceding paragraph (1) and in paragraph (4) 
of subsection (a), on the amount of any 
such award that may be used for a specific 
type, purpose, or category of equipment 
purchase or maintenance cost.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this section and shall apply to grants made under 
section 2003 or 2004 of the Homeland Security Act of 
2002 (6 U.S.C. 604 and 605), in accordance with the pro-
visions specified in section 2008 of such Act (6 U.S.C. 
609), as amended by subsection (a) of this section, on or 
after October 1, 2008. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Strengthening and Up-
dating Resources and Equipment Act’’ or the ‘‘SURE Act’’. 
SEC. 2. CLARIFICATION ON USE OF FUNDS RELATING TO 
CERTAIN HOMELAND SECURITY GRANTS. 
(a) EQUIPMENT MAINTENANCE.— 
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(1) AMENDMENTS.—Section 2008 of the Home-
land Security Act of 2002 (6 U.S.C. 609) is amend-
ed— 
(A) in subsection (a)(4), by inserting before 
the semicolon at the end the following: ‘‘, and 
any related maintenance agreements, user fees, 
or sustainment costs’’; and 
(B) in subsection (b)(3), by adding at the 
end the following new subparagraph: 
‘‘(C) EQUIPMENT MAINTENANCE.— 
‘‘(i) IN GENERAL.—The Administrator 
may not impose any time limitation, in-
cluding any fiscal year limitation, on the 
use for covered maintenance costs of 
amounts awarded as a grant under section 
2003 or 2004, that is in addition to the 
limitations described in this subsection 
‘‘(ii) COVERED
MAINTENANCE
COSTS 
DEFINED.—In this subparagraph the term 
‘covered maintenance costs’ means costs of 
maintenance and sustainment costs de-
scribed in subsection (a)(4) associated with 
equipment purchased with grant funds pro-
vided under section 2003 or 2004 for a 
prior fiscal year.’’. 
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(2) APPLICATION.—The amendments made by 
this subsection shall apply to grants made under sec-
tion 2003 or 2004 of the Homeland Security Act of 
2002 (6 U.S.C. 604 and 605) on or after October 1, 
2008. 
(b) SPECIFICATION OF INTENDED USE IN GRANT AP-
PLICATIONS.— 
(1) 
URBAN
AREA
SECURITY
INITIATIVE 
GRANTS.—Section 2003(c)(2) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 604(c)(2)) is amended by 
striking ‘‘and’’ after the semicolon at the end of sub-
paragraph (B), by striking the period at the end of 
subparagraph (C) and inserting ‘‘; and’’, and by add-
ing at the end the following new subparagraph: 
‘‘(D) specification of the amount of grant 
funds the high-risk urban area plans to allocate 
to maintain and sustain target capabilities, in-
cluding equipment, that have been supported 
with prior fiscal year funds awarded under this 
section or section 2004.’’. 
(2) STATE HOMELAND SECURITY GRANTS.—Sec-
tion 2004(b)(2) of the Homeland Security Act of 2002 
(6 U.S.C. 605(b)(2)) is amended by striking ‘‘and’’ 
after the semicolon at the end of subparagraph (B), 
by striking the period at the end of subparagraph (C) 
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and inserting ‘‘; and’’, and by adding at the end the 
following new subparagraph: 
‘‘(D) specification of the amount of grant 
funds the State plans to allocate to maintain 
and sustain target capabilities, including equip-
ment, that have been supported with prior fiscal 
year funds awarded under this section or section 
2003.’’. 
(c) GRANT GUIDANCE.—Section 2002 of the Homeland 
Security Act of 2002 (6 U.S.C. 603) is amended by adding 
at the end the following new subsection: 
‘‘(d) GRANT GUIDANCE.— 
‘‘(1) IN GENERAL.—The Administrator shall— 
‘‘(A) not later than three months after the 
date of enactment of the Strengthening and Up-
dating Resources and Equipment Act of 2009, 
issue guidance defining costs eligible to be paid 
with grants under sections 2003 and 2004 for 
equipment maintenance agreements, user fees, 
sustainment costs, and any other equipment-re-
lated costs, as the Administrator determines is 
appropriate; and 
‘‘(B) review and update such guidance as 
necessary. 
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‘‘(2) CONGRESSIONAL BRIEFING.—The Adminis-
trator shall brief the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate not less than five days before 
issuing any guidance, or announcing the award of 
any grant, under section 2003 or 2004.’’. 
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