424 
gency response provider an employee under the Fair Labor Standards 
Act of 1938 (29 U.S.C. 201 et seq.). 
(2) PERFORMANCE OF FEDERAL DUTY.—An applicant for a grant 
under section 12503 or 12504 may petition the Secretary to use the 
funds from its grants under those sections for the reimbursement of 
the cost of any activity relating to preventing, preparing for, protecting 
against, or responding to acts of terrorism that is a Federal duty and 
usually performed by a Federal agency, and that is being performed 
by a State or local government under agreement with a Federal agency. 
(e) FLEXIBILITY IN UNSPENT HOMELAND SECURITY GRANT FUNDS.— 
On request by the recipient of a grant under section 12503 or 12504 of 
this title, the Secretary may authorize the grant recipient to transfer all or 
part of the grant funds from uses specified in the grant agreement to other 
uses authorized under this section, if the Secretary determines that the 
transfer is in the interests of homeland security. 
(f) EQUIPMENT STANDARDS.—If an applicant for a grant under section 
12503 or 12504 of this title proposes to upgrade or purchase, with assist-
ance provided under that grant, new equipment or systems that do not meet 
or exceed any applicable national voluntary consensus standards developed 
under section 20507 of this title, the applicant shall include in its applica-
tion an explanation of why the equipment or systems will serve the needs 
of the applicant better than equipment or systems that meet or exceed the 
standards. 
§ 12509. Administration and coordination 
(a) REGIONAL COORDINATION.—The Administrator shall ensure that— 
(1) all recipients of grants administered by the Department to pre-
vent, prepare for, protect against, or respond to natural disasters, acts 
of terrorism, or other man-made disasters (excluding assistance pro-
vided under section 203 or title IV or V of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et 
seq., 5191 et seq.)) coordinate, as appropriate, their prevention, pre-
paredness, and protection efforts with neighboring State, local, and 
tribal governments; and 
(2) all high-risk urban areas and other recipients of grants adminis-
tered by the Department to prevent, prepare for, protect against, or 
respond to natural disasters, acts of terrorism, or other man-made dis-
asters (excluding assistance provided under section 203 or title IV or 
V of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5133, 5170 et seq., 5191 et seq.)) that include or sub-
stantially affect parts or all of more than one State coordinate, as ap-
propriate, across State boundaries, including, where appropriate, 
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through the use of regional working groups and requirements for re-
gional plans. 
(b) PLANNING COMMITTEES.— 
(1) IN GENERAL.—Any State or high-risk urban area receiving a 
grant under section 12503 or 12504 of this title shall establish a State 
planning committee or urban area working group to assist in prepara-
tion and revision of the State, regional, or local homeland security plan 
or the threat and hazard identification and risk assessment and to as-
sist in determining effective funding priorities for grants under sections 
12503 and 12504. 
(2) COMPOSITION.— 
(A) IN GENERAL.—The State planning committees and urban 
area working groups shall include at least 1 representative from 
each of the following significant stakeholders: 
(i) Local or tribal government officials. 
(ii) Emergency response providers, which shall include rep-
resentatives of the fire service, law enforcement, emergency 
medical services, and emergency managers. 
(iii) Public health officials and other appropriate medical 
practitioners. 
(iv) Individuals representing educational institutions, in-
cluding elementary schools, community colleges, and other in-
stitutions of higher learning. 
(v) State and regional interoperable communications coor-
dinators, as appropriate. 
(vi) State and major urban area fusion centers, as appro-
priate. 
(B) GEOGRAPHIC
REPRESENTATION.—The members of the 
State planning committee or urban area working group shall be 
a representative group of individuals from the counties, cities, 
towns, and Indian tribes in the State or high-risk urban area, in-
cluding, as appropriate, representatives of rural, high-population, 
and high-threat jurisdictions. 
(3) EXISTING PLANNING COMMITTEES.—Nothing in this subsection 
may be construed to require that any State or high-risk urban area cre-
ate a State planning committee or urban area working group if that 
State or high-risk urban area has established and uses a multijuris-
dictional planning committee or commission that meets the require-
ments of this subsection. 
(c) INTERAGENCY COORDINATION.— 
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(1) IN
GENERAL.—The Secretary (acting through the Adminis-
trator), the Attorney General, the Secretary of Health and Human 
Services, and the heads of other agencies providing assistance to State, 
local, and tribal governments for preventing, preparing for, protecting 
against, and responding to natural disasters, acts of terrorism, and 
other man-made disasters, shall jointly— 
(A) compile a comprehensive list of Federal grant programs for 
State, local, and tribal governments for preventing, preparing for, 
protecting against, and responding to natural disasters, acts of 
terrorism, and other man-made disasters; 
(B) compile the planning, reporting, application, and other re-
quirements and guidance for the grant programs described in sub-
paragraph (A); 
(C) develop recommendations, as appropriate, to— 
(i) eliminate redundant and duplicative requirements for 
State, local, and tribal governments, including onerous appli-
cation and ongoing reporting requirements; 
(ii) ensure accountability of the programs to the intended 
purposes of the programs; 
(iii) coordinate allocation of grant funds to avoid duplica-
tive or inconsistent purchases by the recipients; 
(iv) make the programs more accessible and user friendly 
to applicants; and 
(v) ensure the programs are coordinated to enhance the 
overall preparedness of the Nation; 
(D) submit the information and recommendations under sub-
paragraphs (A), (B), and (C) to the appropriate committees of 
Congress; and 
(E) provide the appropriate committees of Congress, the Comp-
troller General, and any officer or employee of the Government Ac-
countability Office with full access to any information collected or 
reviewed in preparing the submission under subparagraph (D). 
(2) SCOPE OF TASK.—Nothing in this subsection shall authorize the 
elimination, or the alteration of the purposes, as delineated by statute, 
regulation, or guidance, of a grant program that existed on August 3, 
2007, nor authorize the review or preparation of proposals on the elimi-
nation, or the alteration of the purposes, of such a grant program. 
§ 12510. Accountability 
(a) AUDITS OF GRANT PROGRAMS.— 
(1) COMPLIANCE REQUIREMENTS.— 
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(A) AUDIT REQUIREMENT.—Each recipient of a grant adminis-
tered by the Department that expends not less than $500,000 in 
Federal funds during its fiscal year shall submit to the Secretary, 
through the Administrator, a copy of the organization-wide finan-
cial and compliance audit report required under chapter 75 of title 
31. 
(B) ACCESS TO INFORMATION.—The Department and each re-
cipient of a grant administered by the Department shall provide 
the Comptroller General and any officer or employee of the Gov-
ernment Accountability Office with full access to information re-
garding the activities carried out related to any grant administered 
by the Department. 
(C) IMPROPER PAYMENTS.—Consistent with the Improper Pay-
ments Information Act of 2002 (Public Law 107–300, 31 U.S.C. 
3321 note), for each of the grant programs under sections 12503, 
12504, and 20522 of this title, the Secretary shall specify policies 
and procedures for— 
(i) identifying activities funded under a grant program that 
are susceptible to significant improper payments; and 
(ii) reporting any improper payments to the Department. 
(2) AGENCY PROGRAM REVIEW.— 
(A) IN GENERAL.—The Secretary shall biennially conduct, for 
each State and high-risk urban area receiving a grant adminis-
tered by the Department, a programmatic and financial review of 
all grants awarded by the Department to prevent, prepare for, 
protect against, or respond to natural disasters, acts of terrorism, 
or other man-made disasters, excluding assistance provided under 
section 203, title IV, or title V of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et 
seq., 5191 et seq.). 
(B) CONTENTS.—Each review under subparagraph (A) shall, at 
a minimum, examine— 
(i) whether the funds awarded were used in accordance 
with the law, program guidance, and State homeland security 
plans or other applicable plans; and 
(ii) the extent to which funds awarded enhanced the ability 
of a grantee to prevent, prepare for, protect against, and re-
spond to natural disasters, acts of terrorism, and other man- 
made disasters. 
(C) AUTHORIZATION OF APPROPRIATIONS.—In addition to any 
other amounts authorized to be appropriated to the Secretary, 
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