179 
HR 2360 PP 
‘‘(VI) whether the eligible metro-
politan region or the area in which the 
directly eligible tribe is located is at or 
near an international border; 
‘‘(VII) whether the eligible metro-
politan region or the area in which the 
directly eligible tribe is located has a 
coastline bordering ocean or inter-
national waters; 
‘‘(VIII) 
threats, 
vulnerabilities, 
and consequences faced by the eligible 
metropolitan region or directly eligible 
tribe related to at-risk sites or activi-
ties in nearby jurisdictions, including 
the need to respond to terrorist attacks 
arising in those jurisdictions; 
‘‘(IX) the extent to which the eli-
gible metropolitan region or directly el-
igible tribe has unmet essential capa-
bilities; 
‘‘(X) the extent to which the ap-
plication of the eligible metropolitan 
region includes all incorporated mu-
nicipalities, counties, parishes, and In-
180 
HR 2360 PP 
dian tribes within the relevant metro-
politan region; and 
‘‘(XI) such other factors as are 
specified in writing by the Secretary. 
‘‘(C) DISTRIBUTION OF AWARDS TO METRO-
POLITAN REGIONS.— 
‘‘(i) IN
GENERAL.—If the Secretary 
approves the application of an eligible met-
ropolitan region for a grant under this sec-
tion, the Secretary shall distribute the re-
gional grant funds to the State or States in 
which the eligible metropolitan region is lo-
cated. 
‘‘(ii) 
STATE
DISTRIBUTION
OF 
FUNDS.—Each State shall provide the eligi-
ble metropolitan region not less than 80 
percent of the grant funds. Any funds re-
tained by a State shall be expended on 
items or services approved by the Secretary 
and that benefit the eligible metropolitan re-
gion. 
‘‘(iii) MULTISTATE REGIONS.—If parts 
of an eligible metropolitan region awarded 
a grant are located in 2 or more States, the 
Secretary shall distribute to each such State
181 
HR 2360 PP 
a portion of the grant funds in proportion 
to that State’s share of the population of the 
eligible metropolitan region, unless the Gov-
ernors of each State (or in the case of the 
District of Columbia, the Mayor) agree oth-
erwise. 
‘‘(D) DIRECTLY ELIGIBLE TRIBES.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
subsection (a)(2), the Secretary may award 
grants to directly eligible tribes under the 
Threat-Based Homeland Security Grant 
Program as part of the Urban Area Secu-
rity Initiative Distribution. 
‘‘(ii) TRIBAL
APPLICATIONS.—A di-
rectly eligible tribe may apply for a grant 
under this section by submitting an appli-
cation to the Secretary that includes the in-
formation required for an application by an 
eligible region under clauses (i), (ii), (iii), 
(iv), and (vi) of subsection (d)(2)(B). 
‘‘(iii) DISTRIBUTION
OF
AWARDS
TO 
DIRECTLY
ELIGIBLE
TRIBES.—If the Sec-
retary approves the application of a di-
rectly eligible tribe for a grant under this 
section, the Secretary shall distribute the
182 
HR 2360 PP 
grant funds directly to the directly eligible 
tribe. The funds shall not be distributed to 
the State or States in which the directly eli-
gible tribe is located. 
‘‘(iv) TRIBAL LIAISON.—A directly eli-
gible tribe applying for a grant under this 
section shall designate a specific individual 
to serve as the tribal liaison who shall— 
‘‘(I) 
coordinate 
with 
Federal, 
State, local, regional, and private offi-
cials concerning terrorism prepared-
ness; 
‘‘(II) develop a process for receiv-
ing input from Federal, State, local, 
regional, and private officials to assist 
in the development of the application 
of such tribe and to improve the tribe’s 
access to grants; and 
‘‘(III) administer, in consultation 
with State, local, regional, and private 
officials, grants awarded to such tribe. 
‘‘(v) 
TRIBES
RECEIVING
DIRECT 
GRANTS.—An Indian tribe that receives a 
grant directly under this section is eligible 
to receive funds for other purposes under a
183 
HR 2360 PP 
grant from the State or States within the 
boundaries of which any part of such tribe 
is located, consistent with the homeland se-
curity plan of the State, as described in 
subsection (e). 
‘‘(E) RULE OF CONSTRUCTION.—Nothing in 
this section shall be construed to affect the exist-
ing authority of an Indian tribe that receives 
funds under this section. 
‘‘(3) 
THREAT-BASED
DISTRIBUTION
TO 
STATES.— 
‘‘(A) IN GENERAL.—After the distribution of 
funds under paragraphs (1) and (2), the Sec-
retary shall, from the remaining funds for the 
Threat-Based Homeland Security Grant Pro-
gram, distribute amounts to each State to assist 
that State in achieving essential capabilities to 
effectively prevent, prepare for, and respond to 
acts of terrorism and other catastrophic events. 
‘‘(B) 
PRIORITIZATION.—In 
prioritizing 
among State applications for such funds, the 
Secretary shall— 
‘‘(i) consider the relative threat, vul-
nerability, and consequences faced by a
184 
HR 2360 PP 
State from a terrorist attack, including con-
sideration of— 
‘‘(I) whether there has been a 
prior terrorist attack in a metropolitan 
region that is wholly or partly in the 
State, or in the State itself; 
‘‘(II) whether any part of the 
State has ever had a higher threat level 
under the Homeland Security Advisory 
System than the threat level for the 
United States as a whole; 
‘‘(III) the percent of a State’s 
population residing in metropolitan 
statistical areas, as defined by the Of-
fice of Management and Budget; 
‘‘(IV) the degree of threat, vulner-
ability, and consequence related to crit-
ical infrastructure or key assets identi-
fied by the Secretary or State home-
land security plan; 
‘‘(V) whether the State has an 
international border; 
‘‘(VI) whether the State has a 
coastline bordering ocean or inter-
national waters;
185 
HR 2360 PP 
‘‘(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-
186 
HR 2360 PP 
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
187 
HR 2360 PP 
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.
188 
HR 2360 PP 
‘‘(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;
189 
HR 2360 PP 
‘‘(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
190 
HR 2360 PP 
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
191 
HR 2360 PP 
‘‘(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;
192 
HR 2360 PP 
‘‘(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 sec-
tion— 
‘‘(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
193 
HR 2360 PP 
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
194 
HR 2360 PP 
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).
195 
HR 2360 PP 
‘‘(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-
196 
HR 2360 PP 
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-