†
131
HR 2360 EAS
‘‘(VII) 
threats, 
vulnerabilities,
and consequences faced by a State re-
lated to at-risk sites or activities in ad-
jacent States, including the need to re-
spond to terrorist attacks arising in
adjacent States;
‘‘(VIII) the extent to which the
State has unmet essential capabilities;
and
‘‘(IX) such other factors as are
specified in writing by the Secretary;
and
‘‘(ii) balance the goal of ensuring that
the essential capabilities of the highest-risk
areas are achieved quickly and the goal of
ensuring that basic levels of preparedness,
as measured by the attainment of essential
capabilities, are achieved nationwide.
‘‘(C) MULTI-STATE PARTNERSHIPS.—
‘‘(i) IN GENERAL.—Instead of, or in
addition to, any application for funds
under subparagraph (A), 2 or more States
may submit applications under this para-
graph for multi-State efforts to prevent, pre-
†
132
HR 2360 EAS
pare for, or respond to acts of terrorism or
other catastrophic events.
‘‘(ii) GRANTEES.—Multi-State grants
may be awarded to either—
‘‘(I) an individual State acting
on behalf of a consortium or partner-
ship of States with the consent of all
member States; or
‘‘(II) a group of States applying
as a consortium or partnership.
‘‘(iii) ADMINISTRATION OF GRANT.—If
a group of States apply as a consortium or
partnership such States shall submit to the
Secretary at the time of application a plan
describing—
‘‘(I) the division of responsibilities
for administering the grant; and
‘‘(II) the distribution of funding
among the various States and entities
that are party to the application.
‘‘(4) FUNDING FOR LOCAL GOVERNMENTS AND
FIRST RESPONDERS.—
‘‘(A) IN GENERAL.—The Secretary shall re-
quire recipients of the sliding scale baseline dis-
tribution and the threat-based distribution to
†
133
HR 2360 EAS
States to make available to local governments
and emergency response providers, consistent
with the applicable State homeland security
plan, not less than 80 percent of the grant funds,
the resources purchased with such grant funds,
or a combination thereof, not later than 60 days
after receiving grant funding.
‘‘(B) INDIAN TRIBES.—States shall be re-
sponsible for allocating Federal resources to trib-
al communities in order to help those tribal com-
munities achieve essential capabilities. Indian
tribes shall be eligible for funding directly from
the States, and shall not be required to seek
funding from any local government.
‘‘(C) EXCEPTION.—Subparagraph (A) shall
not apply to the District of Columbia, the Com-
monwealth of Puerto Rico, American Samoa, the
Commonwealth of the Northern Mariana Islands,
Guam, and the Virgin Islands.
‘‘(5) SUPPLEMENT
NOT
SUPPLANT.—Amounts
appropriated for grants under this subsection shall be
used to supplement and not supplant other State and
local government public funds obligated for the pur-
poses provided under this title.
†
134
HR 2360 EAS
‘‘(6) LAW
ENFORCEMENT
TERRORISM
PREVEN-
TION PROGRAM.—
‘‘(A) IN
GENERAL.—The Secretary shall
designate 25 percent of the amounts appro-
priated for the Threat-Based Homeland Security
Grant Program to be used for the Law Enforce-
ment Terrorism Prevention Program under sec-
tion 1014 of the USA PATRIOT ACT (42
U.S.C. 3714) to provide grants to law enforce-
ment agencies to enhance capabilities for ter-
rorism prevention.
‘‘(B) USE
OF
FUNDS.—Notwithstanding
subsection (b), grants awarded under this para-
graph may be used for—
‘‘(i) information sharing to preempt
terrorist attacks;
‘‘(ii) target hardening to reduce the
vulnerability of selected high value targets;
‘‘(iii) threat recognition to recognize
the potential or development of a threat;
‘‘(iv) intervention activities to inter-
dict terrorists before they can execute a
threat;
‘‘(v) interoperable communication sys-
tems;
†
135
HR 2360 EAS
‘‘(vi) overtime expenses related to the
homeland security plan approved by the
Secretary, including overtime costs associ-
ated with providing enhanced law enforce-
ment operations in support of Federal agen-
cies for increased border security and border
crossing enforcement; and
‘‘(vii) any other terrorism prevention
activity authorized by the Secretary.
‘‘(g) REPORT ON HOMELAND SECURITY SPENDING.—
Each recipient of a grant under this section shall annually
submit a report to the Secretary that contains—
‘‘(1) an accounting of the amount of State and
local government funds spent on homeland security
activities under the applicable State homeland secu-
rity plan;
‘‘(2) information regarding the use of grant
funds by the State and by units of local government
as required by the Secretary; and
‘‘(3) progress of the recipient and subgrantees in
achieving essential capabilities.
‘‘(h) ACCOUNTABILITY.—
‘‘(1) GOVERNMENT ACCOUNTABILITY OFFICE AC-
CESS TO INFORMATION.—Each recipient of a grant
under this section and the Department shall provide
†
136
HR 2360 EAS
the Government Accountability Office with full access
to information regarding the activities carried out
under this section.
‘‘(2) AUDIT.—Grant recipients that expend
$500,000 or more in Federal funds during any fiscal
year shall submit to the Secretary an organization
wide financial and compliance audit report in con-
formance with the requirements of chapter 75 of title
31, United States Code.
‘‘(i) REMEDIES FOR NON-COMPLIANCE.—
‘‘(1) IN GENERAL.—If the Secretary finds, after
reasonable notice and an opportunity for a hearing,
that a recipient of a grant under this section has
failed to substantially comply with any provision of
this section, or with any regulations or guidelines of
the Department regarding eligible expenditures, the
Secretary shall—
‘‘(A) terminate any payment of grant funds
to be made to the recipient under this section;
‘‘(B) reduce the amount of payment of
grant funds to the recipient by an amount equal
to the amount of grants funds that were not ex-
pended by the recipient in accordance with this
section; or
†
137
HR 2360 EAS
‘‘(C) limit the use of grant funds received
under this section to programs, projects, or ac-
tivities not affected by the failure to comply.
‘‘(2) DURATION
OF
PENALTY.—The Secretary
shall apply an appropriate penalty under paragraph
(1) until such time as the Secretary determines that
the grant recipient is in full compliance with this sec-
tion or with applicable guidelines or regulations of
the Department.
‘‘(3) DIRECT FUNDING.—If a State fails to sub-
stantially comply with any provision of this section
or with applicable guidelines or regulations of the De-
partment, including failing to provide local govern-
ments with grant funds or resources purchased with
grant funds in a timely fashion, a local government
entitled to receive such grant funds or resources may
petition the Secretary, at such time and in such man-
ner as determined by the Secretary, to request that
grant funds or resources be provided directly to the
local government.
‘‘(j) REPORTS TO CONGRESS.—The Secretary shall
submit an annual report to Congress that provides—
‘‘(1) the status of preparedness goals and objec-
tives;
†
138
HR 2360 EAS
‘‘(2) an evaluation of how States and local gov-
ernments are making progress in achieving essential
capabilities;
‘‘(3) the total amount of resources provided to the
States;
‘‘(4) the total amount of resources provided to
local governments and metropolitan regions; and
‘‘(5) an accounting of how these resources were
expended.
‘‘(k) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this
section—
‘‘(1) $2,925,000,000 for fiscal year 2006;
‘‘(2) $2,925,000,000 for fiscal year 2007; and
‘‘(3) such sums as are necessary for each fiscal
year thereafter.
‘‘SEC. 1805. ELIMINATING HOMELAND SECURITY FRAUD,
WASTE, AND ABUSE.
‘‘(a) ANNUAL GOVERNMENT ACCOUNTABILITY OFFICE
AUDIT AND REPORT.—
‘‘(1) AUDIT.—The Comptroller General of the
United States shall conduct an annual audit of the
Threat-Based Homeland Security Grant Program.
‘‘(2) REPORT.—The Comptroller General of the
United States shall provide a report to Congress on
†
139
HR 2360 EAS
the results of the audit conducted under paragraph
(1), which includes—
‘‘(A) an analysis of whether the grant re-
cipients allocated funding consistent with the
State homeland security plan and the guidelines
established by the Department; and
‘‘(B) the amount of funding devoted to over-
time and administrative expenses.
‘‘(b) REVIEWS OF THREAT-BASED HOMELAND SECU-
RITY FUNDING.—The Secretary shall conduct periodic re-
views of grants made through the Threat Based Homeland
Security Grant Program to ensure that recipients allocate
funds consistent with the guidelines established by the De-
partment.
‘‘SEC. 1806. FLEXIBILITY IN UNSPENT HOMELAND SECURITY
FUNDS.
‘‘(a) REALLOCATION OF FUNDS.—The Director of the
Office for Domestic Preparedness shall allow any State to
request approval to reallocate funds received pursuant to
appropriations for the State Homeland Security Grant
Program under Public Laws 105–277 (112 Stat. 2681 et
seq.), 106–113 (113 Stat. 1501A–3 et seq.), 106–553 (114
Stat. 2762A–3 et seq.), 107–77 (115 Stat. 78 et seq.), or
the Consolidated Appropriations Resolution of 2003 (Public
†
140
HR 2360 EAS
Law 108–7), among the 4 categories of equipment, training,
exercises, and planning.
‘‘(b) APPROVAL OF REALLOCATION REQUESTS.—The
Director shall approve reallocation requests under sub-
section (a) in accordance with the State homeland security
plan and any other relevant factors that the Secretary de-
termines to be necessary.
‘‘(c) LIMITATION.—A waiver under this section shall
not affect the obligation of a State to make available 80
percent of the amount appropriated for equipment to units
of local government.
‘‘SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER
EQUIPMENT AND TRAINING.
‘‘(a) EQUIPMENT STANDARDS.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Under Secretaries for Emergency Pre-
paredness and Response and Science and Technology
(including a representative of the United States Fire
Administration) and the Executive Director of the Of-
fice for State and Local Government Coordination
and Preparedness, shall support the development of,
promulgate, and update as necessary national vol-
untary consensus standards for the performance, use,
and validation of first responder equipment for pur-
poses of section 1804(c).
†
141
HR 2360 EAS
‘‘(2) STANDARDS.—Standards under this sub-
section shall—
‘‘(A) be, to the maximum extent practicable,
consistent with any existing voluntary consensus
standards;
‘‘(B) take into account, as appropriate, new
types of terrorism threats that may not have
been contemplated when such existing standards
were developed;
‘‘(C) be focused on maximizing interoper-
ability, interchangeability, durability, flexibility,
efficiency, efficacy, portability, sustainability,
and safety; and
‘‘(D) cover all appropriate uses of the equip-
ment.
‘‘(b) TRAINING STANDARDS.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Under Secretaries for Emergency Pre-
paredness and Response and Science and Technology
(including a representative of the United States Fire
Administration) and the Director of the Office for Do-
mestic Preparedness, shall support the development of,
promulgate, and regularly update as necessary na-
tional voluntary consensus standards for first re-
sponder training that will enable State and local gov-
†
142
HR 2360 EAS
ernment first responders to achieve optimal levels of
terrorism preparedness as quickly as practicable.
‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA-
TIONS.—In establishing national voluntary consensus
standards for first responder equipment and training under
this section, the Secretary shall consult with relevant public
and private sector groups, including—
‘‘(1) the National Institute of Standards and
Technology;
‘‘(2) the National Fire Protection Association;
‘‘(3) the American National Standards Institute;
‘‘(4) the National Institute of Justice;
‘‘(5) the National Institute for Occupational
Safety and Health; and
‘‘(6) to the extent the Secretary considers appro-
priate, other national voluntary consensus standards
development organizations, other interested Federal,
State, and local agencies, and other interested per-
sons.
‘‘(d) COORDINATION WITH SECRETARY OF HHS.—In
establishing any national voluntary consensus standards
under this section for first responder equipment or training
that involve or relate to health professionals, including
emergency medical professionals, the Secretary shall coordi-
†
143
HR 2360 EAS
nate activities under this section with the Secretary of
Health and Human Services.
‘‘SEC. 1808. CERTIFICATION RELATIVE TO THE SCREENING
OF MUNICIPAL SOLID WASTE TRANSPORTED
INTO THE UNITED STATES.
‘‘(a) DEFINITION.—In this section, the term ‘munic-
ipal solid waste’ includes sludge (as defined in section 1004
of the Solid Waste Disposal Act (42 U.S.C. 6903)).
‘‘(b) REPORTS TO CONGRESS.—Not later than 90 days
after the date of enactment of this section, the Bureau of
Customs and Border Protection shall submit a report to
Congress that—
‘‘(1) indicates whether the methodologies and
technologies used by the Bureau to screen for and de-
tect the presence of chemical, nuclear, biological, and
radiological weapons in municipal solid waste are as
effective as the methodologies and technologies used by
the Bureau to screen for such materials in other items
of commerce entering into the United States by com-
mercial motor vehicle transport; and
‘‘(2) if the methodologies and technologies used to
screen solid waste are less effective than those used to
screen other commercial items, identifies the actions
that the Bureau will take to achieve the same level of
†
144
HR 2360 EAS
effectiveness in the screening of solid waste, including
the need for additional screening technologies.
‘‘(c) IMPACT ON COMMERCIAL MOTOR VEHICLES.—If
the Bureau of Customs and Border Protection fails to fully
implement the actions described in subsection (b)(2) before
the earlier of 6 months after the date on which the report
is due under subsection (b) or 6 months after the date on
which such report is submitted, the Secretary shall deny
entry into the United States of any commercial motor vehi-
cle (as defined in section 31101(1) of title 49, United States
Code) carrying municipal solid waste until the Secretary
certifies to Congress that the methodologies and technologies
used by the Bureau to screen for and detect the presence
of chemical, nuclear, biological, and radiological weapons
in such waste are as effective as the methodologies and tech-
nologies used by the Bureau to screen for such materials
in other items of commerce entering into the United States
by commercial motor vehicle transport.’’.
(b) THREAT-BASED HOMELAND SECURITY GRANT
PROGRAM.—
(1) FISCAL
YEAR
2006
ADMINISTRATION.—Not-
withstanding any provision of title III of this Act,
section 1804 of the Homeland Security Act of 2002
(as added by this section) shall apply in the adminis-
tration of the Threat-Based Homeland Security
†
145
HR 2360 EAS
Grant Program established under section 1804 of that
Act.
(2) FUNDING.—All funds appropriated under
paragraphs (1) and (2) under the subheading ‘‘STATE
AND LOCAL PROGRAMS’’ under the heading ‘‘OFFICE
OF STATE AND LOCAL GOVERNMENT COORDINATION
AND PREPAREDNESS’’ under title III of this Act are
appropriated for the Threat-Based Homeland Secu-
rity Grant Program established under section 1804 of
the Homeland Security Act of 2002 (as added by this
section).
(c) FIRE SERVICES.—Section 2(6) of the Homeland
Security Act of 2002 (6 U.S.C. 101(6)) is amended by in-
serting ‘‘(including fire services)’’ after ‘‘local emergency
public safety’’.
(d) TECHNICAL AND CONFORMING AMENDMENT.—The
table of contents in section 1(b) of the Homeland Security
Act of 2002 (6 U.S.C. 101 note) is amended by adding at
the end the following:
‘‘TITLE XVIII—ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS
AND THREAT-BASED HOMELAND SECURITY GRANT PROGRAM
‘‘Sec. 1801. Definitions.
‘‘Sec. 1802. Preservation of pre-9/11 grant programs for traditional first re-
sponder missions.
‘‘Sec. 1803. Essential capabilities for first responders.
‘‘Sec. 1804. Threat-Based Homeland Security Grant Program.
‘‘Sec. 1805. Eliminating homeland security fraud, waste, and abuse.
‘‘Sec. 1806. Flexibility in unspent homeland security funds.
‘‘Sec. 1807. National standards for first responder equipment and training.
‘‘Sec. 1808. Certification relative to the screening of municipal solid waste
transported into the United States.’’.
†
146
HR 2360 EAS
SEC. 605. COMMUNICATION SYSTEM GRANTS. (a) IN
GENERAL.—
(1) ESTABLISHMENT.—There is established in
the Department of Homeland Security an Inter-
national Border Community Interoperable Commu-
nications Demonstration Project (referred to in this
section as ‘‘demonstration projects’’).
(2) MINIMUM NUMBER OF COMMUNITIES.—The
Secretary of Homeland Security shall select no fewer
than 6 communities to participate in a demonstra-
tion project.
(3) LOCATION OF COMMUNITIES.—No fewer than
3 of the communities selected under paragraph (2)
shall be located on the northern border of the United
States and no fewer than 3 of the communities se-
lected under paragraph (2) shall be located on the
southern border of the United States.
(b) PROGRAM REQUIREMENTS.—The demonstration
projects shall—
(1) address the interoperable communications
needs of police officers, firefighters, emergency medical
technicians, National Guard, and other emergency re-
sponse providers, as defined in the Homeland Secu-
rity Act of 2002;
(2) foster interoperable communications—
†
147
HR 2360 EAS
(A) among Federal, State, local, and tribal
government agencies in the United States in-
volved in preventing or responding to terrorist
attacks or other catastrophic events; and
(B) with similar agencies in Canada or
Mexico;
(3) identify common international cross-border
frequencies for communications equipment, including
radio or computer messaging equipment;
(4) foster the standardization of interoperable
communications equipment;
(5) identify solutions that will facilitate commu-
nications interoperability across national borders ex-
peditiously;
(6) ensure that emergency response providers can
communicate with one another and the public at dis-
aster sites or in the event of a terrorist attack or other
catastrophic event;
(7) provide training and equipment to enable
emergency response providers to deal with threats and
contingencies in a variety of environments; and
(8) identify and secure appropriate joint-use
equipment to ensure communications access.
(c) DISTRIBUTION OF FUNDS.—
†
148
HR 2360 EAS
(1) IN GENERAL.—The Secretary of Homeland
Security shall distribute funds under this section to
each community participating in a demonstration
project under this section through the State or States
in which each community is located.
(2) OTHER PARTICIPANTS .—A State receiving
funds under this section shall make the funds avail-
able to the local governments and emergency response
providers participating in a demonstration project se-
lected by the Secretary of Homeland Security not
later than 60 days after receiving funds.
(d) REPORTING.—Not later than December 31, 2005,
and each year thereafter in which funds are appropriated
for a demonstration project, the Secretary of Homeland Se-
curity shall provide to the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate and the Com-
mittee on Homeland Security of the House of Representa-
tives a report on the demonstration projects under this sec-
tion.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
in each of fiscal years 2006, 2007, and 2008 to carry out
this section.
†
149
HR 2360 EAS
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2006’’.
Attest:
Secretary.