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‘‘(3) RELATIONSHIP
TO
OTHER
LAWS.—The 
Threat-Based Homeland Security Grant Program 
shall be deemed to satisfy the requirements of section 
1014 of the USA PATRIOT ACT (42 U.S.C. 3714). 
The allocation of grants authorized under this section 
shall be governed by the terms of this section and not 
by any other provision of law. 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Grants awarded under this 
section— 
‘‘(A) shall be used to address homeland secu-
rity matters related to acts of terrorism or cata-
strophic events, related capacity building, or oth-
erwise addressing shortfalls in essential capabili-
ties; and 
‘‘(B) shall not be used to supplant ongoing 
emergency response expenses or general protective 
measures. 
‘‘(2) ALLOWABLE USES.—Grants awarded under 
this section may be used to achieve essential capabili-
ties through— 
‘‘(A) developing State or regional plans or 
risk assessments (including the development of 
the homeland security plan under subsection (e)) 
to respond to terrorist attacks or other cata-
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strophic events and community wide plans for 
responding to terrorist or catastrophic events 
that are coordinated with the capacities of appli-
cable Federal, State, and local governments, 
emergency response providers, and State and 
local government health agencies; 
‘‘(B) developing State, regional, or local 
mutual aid agreements; 
‘‘(C) purchasing, upgrading, storing, or 
maintaining equipment based on State and local 
needs as identified under a State homeland secu-
rity plan, consistent with essential capability 
needs; 
‘‘(D) conducting exercises to strengthen 
emergency preparedness of State and local first 
responders including law enforcement, fire-
fighting personnel, and emergency medical serv-
ice workers, and other emergency responders 
identified in a State homeland security plan; 
‘‘(E) paying for expenses relating to— 
‘‘(i) overtime regarding training ac-
tivities consistent with the goals outlined in 
a State homeland security plan; and 
‘‘(ii) as determined by the Secretary, 
overtime activities relating to an increase
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in the threat level under the Homeland Se-
curity Advisory System; 
‘‘(F) promoting training relating to home-
land security preparedness including— 
‘‘(i) emergency preparedness responses 
to a use or threatened use of a weapon of 
mass destruction; and 
‘‘(ii) training in the use of equipment, 
including detection, monitoring, and decon-
tamination equipment, and personal protec-
tive gear; 
‘‘(G) conducting any activity permitted 
under the Law Enforcement Terrorism Preven-
tion Grant Program under section 1014 of the 
USA PATRIOT ACT (42 U.S.C. 3714); and 
‘‘(H) any other activity relating to achiev-
ing essential capabilities approved by the Sec-
retary. 
‘‘(3) PROHIBITED USES.—Grants awarded under 
this section may not be used to construct buildings or 
other physical facilities, except those described in sec-
tion 611 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5196) and ap-
proved by the Secretary in the homeland security 
plan certified under subsection (e), or to acquire land.
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‘‘(c) EQUIPMENT STANDARDS.—If an applicant for a 
grant under this section proposes to upgrade or purchase, 
with assistance provided under the grant, new equipment 
or systems that do not meet or exceed any applicable na-
tional voluntary consensus standards established by the Sec-
retary under section 1807(a), the applicant shall include 
in the application an explanation of why such equipment 
or systems will serve the needs of the applicant better than 
equipment or systems that meet or exceed such standards. 
‘‘(d) APPLICATION.— 
‘‘(1) STATES.— 
‘‘(A) SUBMISSION.—A State may apply for 
a grant under this section by submitting to the 
Secretary an application detailing how requested 
funds would be used to achieve essential capabili-
ties and containing such other information the 
Secretary may reasonably require. 
‘‘(B) REVISIONS.—A State may revise a 
homeland security plan certified under sub-
section (e) at the time an application is sub-
mitted under subparagraph (A) after receiving 
approval from the Secretary. 
‘‘(C) APPROVAL.—The Secretary shall not 
award a grant under this section unless—
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‘‘(i) the State submitting the applica-
tion has previously submitted a homeland 
security plan meeting the requirements of 
subsection (e); and 
‘‘(ii) the Secretary finds that the report 
submitted by the recipient under subsection 
(g) demonstrates significant progress toward 
achieving essential capabilities and meeting 
the goals in the homeland security plan of 
the State. 
‘‘(D) RELEASE OF FUNDS.—The Secretary 
shall release grant funds to States with approved 
plans after the approval of an application sub-
mitted under this paragraph. 
‘‘(2) ELIGIBLE METROPOLITAN REGIONS.— 
‘‘(A) SUBMISSION.—An eligible metropoli-
tan region may apply for a grant under this sec-
tion by submitting an application through the 
Governor of each State within which any part of 
the relevant metropolitan region is located. 
‘‘(B) CONTENTS.—An application under 
this paragraph shall include— 
‘‘(i) a description of how requested 
funds would be used to achieve essential ca-
pabilities;
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‘‘(ii) an explanation of how the pro-
posed use of funds would be consistent with 
the homeland security plans of all relevant 
States; 
‘‘(iii) a geographic description of the 
eligible metropolitan region, including a list 
of all local governments participating in the 
application; 
‘‘(iv) an explanation of how the appli-
cant intends to expend funds under the 
grant, to administer such funds, and to al-
locate such funds among the participating 
local governments; 
‘‘(v) if not all of the incorporated mu-
nicipalities, counties, parishes, or Indian 
tribes in a metropolitan region are partici-
pating in the application, or if additional 
local governments outside the metropolitan 
region are participating, an explanation of 
why the eligible metropolitan region, as con-
stituted, is an appropriate unit to receive 
grants to prevent, prepare for, and respond 
to acts of terrorism and other catastrophic 
events; and
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‘‘(vi) such other information the Sec-
retary may reasonably require. 
‘‘(C) STATE REVIEW AND SUBMISSION.— 
‘‘(i) IN GENERAL.—To ensure consist-
ency with State homeland security plans, 
an eligible metropolitan region or a directly 
eligible tribe applying for a grant under 
this paragraph shall submit its application 
to each State within which any part of the 
eligible metropolitan region or directly eli-
gible tribe is located for review before sub-
mission of such application to the Sec-
retary. 
‘‘(ii) DEADLINE.—Not later than 30 
days after receiving an application from an 
eligible metropolitan region or directly eli-
gible tribe, each such State shall transmit 
the application to the Secretary. 
‘‘(iii) STATE
DISAGREEMENT.—If the 
Governor of any such State determines that 
a regional or tribal application is incon-
sistent with the State homeland security 
plan of that State, or otherwise does not 
support the application, the Governor 
shall—
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‘‘(I) notify the Secretary, in writ-
ing, of that fact; and 
‘‘(II) provide an explanation of 
the reasons for not supporting the ap-
plication at the time of transmission of 
the application. 
‘‘(e) HOMELAND SECURITY PLAN.— 
‘‘(1) IN GENERAL.—A State applying for a grant 
under this section shall have a 3-year State homeland 
security plan (referred to in this subsection as the 
‘plan’) to respond to terrorist attacks and other cata-
strophic events that has been approved by the Sec-
retary. 
‘‘(2) CONTENTS.—The plan shall contain— 
‘‘(A) a 3-year strategy to— 
‘‘(i) ensure that the funds allocated to 
local governments are used exclusively to 
meet the needs and capabilities described 
under paragraph (3)(C); 
‘‘(ii) provide for interoperable commu-
nications; 
‘‘(iii) provide for local coordination of 
response and recovery efforts, including pro-
cedures for effective incident command in
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conformance with the National Incident 
Management System; 
‘‘(iv) ensure that first responders and 
other emergency personnel have adequate 
training and appropriate equipment for the 
threats that may occur; 
‘‘(v) provide for improved coordination 
and collaboration among law enforcement, 
fire, and public health authorities at Fed-
eral, State, local, and tribal government lev-
els; 
‘‘(vi) coordinate emergency response 
and public health plans; 
‘‘(vii) mitigate risks to critical infra-
structure that may be vulnerable to terrorist 
attacks; 
‘‘(viii) promote regional coordination 
among contiguous local governments; 
‘‘(ix) 
identify 
necessary 
protective 
measures by private owners of critical in-
frastructure; 
‘‘(x) promote orderly evacuation proce-
dures when necessary; 
‘‘(xi) ensure support from the public 
health community for measures needed to
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prevent, detect, and treat bioterrorism, and 
radiological and chemical incidents; 
‘‘(xii) increase the number of local ju-
risdictions participating in local and state-
wide exercises; and 
‘‘(xiii) meet preparedness goals as de-
termined by the Secretary; 
‘‘(B) objective measures for assessing the ex-
tent to which the goals and objectives set forth in 
paragraph (A) have been achieved; 
‘‘(C) priorities for the allocation of funding 
to local governments based on the risk, capabili-
ties, and needs described under paragraph 
(3)(C); and 
‘‘(D) a report from the relevant advisory 
committee established under paragraph (3)(D) 
that documents the areas of support, disagree-
ment, or recommended changes to the plan before 
its submission to the Secretary. 
‘‘(3) DEVELOPMENT PROCESS.— 
‘‘(A) IN GENERAL.—In preparing the plan 
under this section, a State shall— 
‘‘(i) provide for the consideration of all 
homeland security needs;
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‘‘(ii) follow a process that is con-
tinuing, inclusive, cooperative, and com-
prehensive, as appropriate; and 
‘‘(iii) coordinate the development of the 
plan with the homeland security planning 
activities of local governments. 
‘‘(B) COORDINATION WITH LOCAL PLANNING 
ACTIVITIES.—The coordination under subpara-
graph (A)(iii) shall contain input from local 
stakeholders, including— 
‘‘(i) local officials, including represent-
atives of rural, high-population, and high- 
threat jurisdictions and of Indian tribes; 
‘‘(ii) emergency response providers; 
and 
‘‘(iii) private sector companies that 
own or operate critical infrastructure. 
‘‘(C) SCOPE
OF
PLANNING.—Each State 
preparing a plan under this section shall, in 
conjunction with the local stakeholders under 
subparagraph (B), address all the information 
requested by the Secretary, and complete a com-
prehensive assessment of— 
‘‘(i) risk, including a—