I 
109TH CONGRESS 
1ST SESSION H. R. 1419 
To require that Homeland Security grants related to terrorism preparedness 
and prevention be awarded based strictly on an assessment of risk, 
threat, and vulnerabilities. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2005 
Mr. MENENDEZ introduced the following bill; which was referred to the 
Committee on Homeland Security 
A BILL 
To require that Homeland Security grants related to ter-
rorism preparedness and prevention be awarded based 
strictly 
on 
an 
assessment 
of 
risk, 
threat, 
and 
vulnerabilities. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Risk-Based Homeland 
Security Funding Act’’. 
SEC. 2. FINDINGS. 
Congress agrees with the recommendation on page 
396 of the Final Report of the National Commission on
Terrorist Attacks Upon the United States (commonly 
known as the ‘‘9/11 Report’’), which includes the fol-
lowing: 
‘‘Homeland security assistance should be based strictly on 
an assessment of risks and vulnerabilities. . . . [F]ederal 
homeland security assistance should not remain a program 
for general revenue sharing. It should supplement state 
and local resources based on the risks or vulnerabilities 
that merit additional support. Congress should not use 
this money as a pork barrel.’’. 
SEC. 3. RISK-BASED HOMELAND SECURITY GRANT FUND-
ING. 
(a) CRITERIA FOR AWARDING HOMELAND SECURITY 
GRANTS.—Except for grants awarded under any of the 
programs listed under section 4(b), all homeland security 
grants related to terrorism prevention and terrorism pre-
paredness shall be awarded based strictly on an assess-
ment of risk, threat, and vulnerabilities, as determined by 
the Secretary of Homeland Security. 
(b) LIMITATION.—Except for grants awarded under 
any of the programs listed under section 4(b), none of the 
funds appropriated for Homeland Security grants may be 
used for general revenue sharing.
(c) CONFORMING AMENDMENT.—Section 1014(c)(3) 
of the USA PATRIOT ACT (42 U.S.C. 3714(c)(3)) is re-
pealed. 
SEC. 4. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR 
TRADITION FIRST RESPONDER MISSIONS. 
(a) SAVINGS PROVISION.—This Act shall not be con-
strued to affect any authority to award grants under a 
Federal grant program listed under subsection (b), which 
existed on September 10, 2001, to enhance traditional 
missions of State and local law enforcement, firefighters, 
ports, emergency medical services, or public health mis-
sions. 
(b) PROGRAMS EXCLUDED.—The programs referred 
to in subsection (a) are the following: 
(1) The Firefighter Assistance Program author-
ized under section 33 of the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2229). 
(2) The Emergency Management Performance 
Grant Program and the Urban Search and Rescue 
Grant Program authorized under— 
(A) title VI of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.); 
(B) the Departments of Veterans Affairs 
and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2000 
(Public Law 106–74; 113 Stat. 1047 et seq.); 
and 
(C) the Earthquake Hazards Reduction 
Act of 1977 (42 U.S.C. 7701 et seq.). 
(3) The Edward Byrne Memorial State and 
Local Law Enforcement Assistance Programs au-
thorized under part E of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3750 et seq.). 
(4) The Public Safety and Community Policing 
(COPS ON THE BEAT) Grant Program authorized 
under part Q of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 
3796dd et seq.). 
(5) Grant programs under the Public Health 
Service Act (42 U.S.C. 201 et seq.) regarding pre-
paredness for bioterrorism and other public health 
emergencies; 
(6) The Emergency Response Assistance Pro-
gram authorized under section 1412 of the Defense 
Against Weapons of Mass Destruction Act of 1996 
(50 U.S.C. 2312).
(7) Grant programs under the Robert T. Staf-
ford Disaster Relief and Emergency Act (42 U.S.C. 
5121 et seq.). 
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