Homeland Security Grant Enhancement Act of 2005 - (Sec. 2) Requires the Secretary of Homeland Security to establish the Interagency Committee to Coordinate and Streamline Homeland Security Grant Programs to: (1) provide findings to the Homeland Security Information Clearinghouse; (2) consult with state and local governments and emergency response providers regarding their homeland security needs and capabilities; (3) advise the Secretary on the development of performance measures; (4) compile a list of homeland security and other first responder assistance programs; (5) develop and submit to the President and specified congressional committees a proposal to coordinate guidance documents contained in homeland security assistance programs; and (6) otherwise promote the coordination of homeland security grant programs throughout the federal government.
(Sec. 3) Creates the position of Executive Director to head the Department of Homeland Security's (DHS's) Office for State and Local Government Coordination and Preparedness (OSLGCP). Reconstitutes the DHS Office for Domestic Preparedness (currently, within the Directorate of Border and Transportation Security) as a component of OSLGCP and gives it additional responsibility for managing the Homeland Security Information Clearinghouse. Establishes the Clearinghouse within OSLGCP to provide states, local governments, and emergency response providers with information regarding: (1) homeland security grants; (2) technical assistance; (3) best practices; and (4) the use of federal funds.
(Sec. 4) Preserves federal grant programs for traditional missions of state and local law enforcement, firefighters, ports, emergency medical services, or public health missions that existed prior to September 11, 2001, including: (1) the Firefighter Assistance Program; (2) all grant programs authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; (3) the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs; (4) the Public Safety and Community Policing Grant Program; and (5) grant programs under the Public Health Service Act regarding preparedness for bioterrorism and other public health emergencies and the Emergency Response Assistance Program under the Defense Against Weapons of Mass Destruction Act of 1996.
Directs the Secretary to establish clearly defined essential capabilities for state and local governments. Sets forth required objectives for such capabilities including specificity, flexibility, measurability, and comprehensiveness. Requires the Secretary, in establishing such capabilities, to consider the variables of threat, vulnerability, and consequences with respect to population, areas of high population density, critical infrastructure, coastline, and international borders. Requires the Secretary to establish a Task Force on Essential Capabilities for First Responders to assist in establishing required capabilities. Sets forth public comment and reporting requirements for the Task Force.
Establishes a Threat-Based Homeland Security Grant Program for states and eligible metropolitan regions. Requires grants awarded under the program to be used to address homeland security matters concerning terrorism or catastrophic events, related capacity building, or other shortfalls in essential capabilities. Prohibits the use of grant funds to supplant ongoing emergency response expenses or general protective measures, or to construct buildings or other physical facilities (except certain construction expenses approved by the Secretary in a certified homeland security plan).
Sets forth grant application procedures for states and eligible metropolitan regions. Requires eligible metropolitan regions to submit their applications to each state within which any part of the region is located for review prior to submission to the Secretary. Requires Governors of such states to notify the Secretary of any inconsistency in the submitted plan with the state's plan and to set forth reasons for not supporting the submitted plan. Requires state applicants to: (1) have a three-year state homeland security plan to respond to terrorist attacks and other catastrophic events that has been approved by the Secretary; and (2) establish an advisory committee to receive comments from the public and local stakeholders for purposes of plan preparation.
Sets forth an allocation scheme for grant funds that provides for a sliding scale baseline distribution followed by a threat-based distribution to states. Directs the Secretary to require recipients of such distributions to make available to local governments and emergency response providers not less than 80 percent of the grant funds, resources purchased with such funds, or a combination of funds and services within 60 days of receipt. Makes states responsible for allocating resources to tribal communities and Indian tribes eligible to receive funding directly from states.
Requires the Secretary to designate no more than 25 percent of authorized grant funds for the Law Enforcement Terrorism Prevention Program under the USA PATRIOT Act. Requires each grant fund recipient to annually report to the Secretary on homeland security spending and related matters. Requires such recipients and DHS to provide the Government Accountability Office (GAO) with full access to information regarding grant-funded activities. Requires recipients receiving $500,000 or more in any fiscal year to submit to the Secretary an organization-wide financial and compliance audit report.
Directs the Secretary to terminate, reduce, or limit the use of grant funds upon a finding that a recipient of such funds has failed to substantially comply with any provision of the grant prog ram as set forth in this Act.
Authorizes local governments to petition the Secretary to request grant funds or resources in the event that the state fails to provide such funds or resources in a timely manner.
Requires the Secretary to report to Congress on the status of preparedness goals and objectives, state and local government progress in achieving essential capabilities, and total amounts of resources provided to states, local governments, and metropolitan regions. Directs the Comptroller General to conduct an annual audit of the grant program and report the results to Congress.
Requires the Director of the Office for Domestic Preparedness to allow any state to request approval to reallocate funds received under the State Homeland Security Grant Program under specified federal laws among the four categories of equipment, training, exercises, and planning.
Directs the Secretary to support the development of, promulgate, and update as necessary national voluntary consensus standards for the performance, use, and validation of first responder equipment for purposes of assessing equipment-related grant applications.
Requires U.S. Customs and Border Protection (CBP) to report to Congress on: (1) whether the methodologies and technologies used by CBP to screen for and detect chemical, nuclear, biological, and radiological weapons in municipal solid waste are as effective as the methodologies and technologies used by CBP to screen for such materials in other items of commerce entering the United States by commercial motor vehicle transport; and (2) if such methodologies and technologies are less effective, actions CBP will take to achieve comparability.
Requires the Secretary, if CBP fails to fully implement actions to achieve comparability within a specified time frame, to deny entry to commercial motor vehicles carrying municipal solid waste into the United States until the Secretary certifies to Congress that screening of such waste comparable to that used to screen for such materials in other items of commerce has been achieved.
(Sec. 5) Establishes in DHS an International Border Community Interoperable Communications Demonstration Project to: (1) address the interoperable communications needs of police officers, firefighters, emergency medical technicians, the National Guard, and other emergency response providers; (2) foster interoperable communications among domestic government agencies and their counterparts in Canada or Mexico; (3) identify common international cross-border frequencies; (4) foster standardization of interoperable communications equipment; (5) identify solutions that will facilitate expeditious communications interoperability across national borders; (6) ensure that emergency response providers can communicate with one another and the public at disaster 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 environmentally varied threats and contingencies; and (8) identify and secure appropriate joint-use equipment. Directs the Secretary to select no fewer than six communities to participate in the project, to be divided equally between the northern and southern border. Requires the Secretary to annually report to specified congressional committees on the project.
[Congressional Bills 109th Congress]
[From the U.S. Government Printing Office]
[S. 21 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 21
To provide for homeland security grant coordination and simplification,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2005
Ms. Collins (for herself, Mr. Carper, Mr. Voinovich, Mr. Feingold, Mr.
Akaka, and Mr. Lieberman) introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
To provide for homeland security grant coordination and simplification,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Grant Enhancement
Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Insular area.--The term ``insular area'' means American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(2) Large high-threat state fund.--The term ``Large High-
Threat State Fund'' means the fund containing amounts
authorized to be appropriated for States that elect to receive
Federal financial assistance through a per capita share of
38.625 percent of the amount appropriated for the State
Homeland Security Grant Program.
(3) Local government.--The term ``local government'' has
the same meaning given that term in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101).
(4) Municipal solid waste.--The term ``municipal solid
waste'' includes sludge (as defined in section 1004 of the
Solid Waste Disposal Act (42 U.S.C. 6903)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) State.--The term ``State'' means each of the several
States of the United States and the District of Columbia.
(7) State homeland security grant program.--The term
``State Homeland Security Grant Program'' means the program
receiving 75 percent of the amount appropriated for the Threat-
Based Homeland Security Grant Program.
(8) Threat-based homeland security grant program.--The term
``Threat-Based Homeland Security Grant Program'' means the
program authorized under section 6.
(9) Urban area security initiative grant program.--The term
``Urban Area Security Initiative Grant Program'' means the
program receiving 25 percent of the amount appropriated for the
Threat-Based Homeland Security Grant Program.
SEC. 3. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR TRADITIONAL FIRST
RESPONDER MISSIONS.
(a) In General.--This Act shall not be construed to affect any
authority to award grants under any 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 missions.
(b) Programs Included.--The programs referred to in subsection (a)
are the following:
(1) The Firefighter Assistance Program authorized 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 Disaster
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 authorized 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 Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.).
(5) Grant programs under the Public Health Service Act
regarding preparedness for bioterrorism and other public health
emergencies and the Emergency Response Assistance Program
authorized under section 1412 of the Defense Against Weapons of
Mass Destruction Act of 1996 (50 U.S.C. 2312).
SEC. 4. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE HOMELAND
SECURITY GRANT PROGRAMS.
(a) In General.--Title VIII of the Homeland Security Act of 2002 (6
U.S.C. 361 et seq.) is amended by inserting after section 801 the
following:
``SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE HOMELAND
SECURITY GRANT PROGRAMS.
``(a) Establishment.--
``(1) In general.--The Secretary, in coordination with the
Attorney General, the Secretary of Health and Human Services,
the Secretary of Transportation, the Administrator of the
Environmental Protection Agency, and other agencies providing
assistance for first responder preparedness, as identified by
the President, shall establish the Interagency Committee to
Coordinate and Streamline Homeland Security Grant Programs
(referred to in this subtitle as the `Interagency Committee').
``(2) Composition.--The Interagency Committee shall be
composed of--
``(A) a representative of the Department;
``(B) a representative of the Department of Health
and Human Services;
``(C) a representative of the Department of
Transportation;
``(D) a representative of the Department of
Justice;
``(E) a representative of the Environmental
Protection Agency; and
``(F) a representative of any other department or
agency determined to be necessary by the President.
``(3) Responsibilities.--The Interagency Committee shall--
``(A) report on findings to the Information
Clearinghouse established under section 801(d);
``(B) consult with State and local governments and
emergency response providers regarding their homeland
security needs and capabilities;
``(C) advise the Secretary on the development of
performance measures for homeland security grant
programs and the national strategy for homeland
security;
``(D) compile a list of homeland security
assistance programs;
``(E) not later than 1 year after the effective
date of the Homeland Security Grant Enhancement Act of
2005--
``(i) develop a proposal to coordinate, to
the maximum extent practicable, the planning,
reporting, application, and other guidance
documents contained in homeland security
assistance programs to eliminate all redundant
and duplicative requirements; and
``(ii) submit the proposal developed under
clause (i) to Congress and the President.
``(b) Administration.--The Department shall provide administrative
support to the Interagency Committee, which shall include--
``(1) scheduling meetings;
``(2) preparing agenda;
``(3) maintaining minutes and records; and
``(4) producing reports.
``(c) Chairperson.--The Secretary shall designate a chairperson of
the Interagency Committee.
``(d) Meetings.--The Interagency Committee shall meet--
``(1) at the call of the Secretary; or
``(2) not less frequently than once every month.''.
(b) Technical and Conforming Amendment.--The table of contents for
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 801 the following:
``Sec. 802. Interagency Committee to Coordinate and Streamline Homeland
Security Grant Programs.''.
SEC. 5. STREAMLINING FEDERAL HOMELAND SECURITY GRANTS.
(a) Director of State and Local Government Coordination and
Preparedness.--Section 801(a) of the Homeland Security Act of 2002 (6
U.S.C. 361(a)) is amended to read as follows:
``(a) Establishment.--
``(1) In general.--There is established within the Office
of the Secretary the Office for State and Local Government
Coordination and Preparedness, which shall oversee and
coordinate departmental programs for, and relationships with,
State and local governments.
``(2) Executive director.--The Office established under
paragraph (1) shall be headed by the Executive Director of
State and Local Government Coordination and Preparedness, who
shall be appointed by the President, by and with the advice and
consent of the Senate.''.
(b) Office for Domestic Preparedness.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended--
(1) by redesignating section 430 as section 803 and
transferring that section to the end of subtitle A of title
VIII, as amended by section 4; and
(2) in section 803, as redesignated by paragraph (1)--
(A) in subsection (a), by striking ``the
Directorate of Border and Transportation Security'' and
inserting ``the Office for State and Local Government
Coordination and Preparedness'';
(B) in subsection (b), by striking ``who shall be
appointed by the President'' and all that follows and
inserting ``who shall report directly to the Executive
Director of State and Local Government Coordination and
Preparedness.'';
(C) in subsection (c)--
(i) in paragraph (7)--
(I) by striking ``other'' and
inserting ``the'';
(II) by striking ``consistent with
the mission and functions of the
Directorate''; and
(III) by striking ``and'' at the
end; and
(ii) in paragraph (8)--
(I) by inserting ``carrying out''
before ``those elements''; and
(II) by striking ``and'' at the
end;
(iii) in paragraph (9), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(10) managing the Homeland Security Information
Clearinghouse established under section 801(d).'';
(D) by redesignating subsection (d) as subsection
(e); and
(E) by inserting after subsection (c) the
following:
``(d) Training and Exercises Office Within the Office for Domestic
Preparedness.--
``(1) In general.--The Secretary shall create within the
Office for Domestic Preparedness an internal office that shall
be the proponent for all national domestic preparedness,
training, education, and exercises within the Office for State
and Local Government Coordination.
``(2) Office head.--The Secretary shall select an
individual with recognized expertise in first-responder
training and exercises to head the office, and such person
shall report directly to the Director of the Office of Domestic
Preparedness.''.
(c) Technical and Conforming Amendments.--The table of contents for
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) by striking the item relating to section 430;
(2) by amending the item relating to section 801 to read as
follows:
``Sec. 801. Office of State and Local Government Coordination and
Preparedness.'';
and
(3) by inserting after the item relating to section 802, as
added by this Act, the following:
``Sec. 803. Office for Domestic Preparedness.''.
(d) Establishment of Homeland Security Information Clearinghouse.--
Section 801 of the Homeland Security Act of 2002 (6 U.S.C. 361), as
amended by subsection (a), is further amended by adding at the end the
following:
``(d) Homeland Security Information Clearinghouse.--
``(1) Establishment.--There is established within the
Office for State and Local Government Coordination a Homeland
Security Information Clearinghouse (referred to in this section
as the `Clearinghouse'), which shall assist States, local
governments, and first responders in accordance with paragraphs
(2) through (5).
``(2) Homeland security grant information.--The
Clearinghouse shall create a new website or enhance an existing
website, establish a toll-free number, and produce a single
publication that each contain information regarding the
homeland security grant programs identified under section
802(a)(4).
``(3) Technical assistance.--The Clearinghouse, in
consultation with the Interagency Committee established under
section 802, shall provide information regarding--
``(A) technical assistance provided by any Federal
agency to States and local governments to conduct
threat analyses and vulnerability assessments; and
``(B) templates for conducting threat analyses and
vulnerability assessments.
``(4) Best practices.--The Clearinghouse shall work with
States, local governments, emergency response providers and the
National Domestic Preparedness Consortium, and private
organizations to gather, validate, and disseminate information
regarding successful State and local homeland security programs
and practices.
``(5) Use of federal funds.--The Clearinghouse shall
compile information regarding equipment, training, and other
services purchased with Federal funds provided under the
homeland security grant programs identified under section
802(a)(4), and make such information, and information regarding
voluntary standards of training, equipment, and exercises,
available to States, local governments, and first responders.
``(6) Other information.--The Clearinghouse shall provide
States, local governments, and first responders with any other
information that the Secretary determines necessary.''.
SEC. 6. THREAT-BASED HOMELAND SECURITY GRANT PROGRAM.
(a) Grants Authorized.--The Secretary may award grants to States
and local governments to enhance homeland security.
(b) Use of Funds.--
(1) In general.--Grants awarded under subsection (a)--
(A) shall be used to address homeland security
matters related to acts of terrorism or major disasters
and related capacity building; and
(B) shall not be used to supplant ongoing first
responder expenses or general protective measures.
(2) Allowable uses.--Grants awarded under subsection (a)
may be used to--
(A) develop State plans or risk assessments
(including the development of the homeland security
plan) to respond to terrorist attacks and strengthen
all hazards emergency planning and community wide plans
for responding to terrorist or all hazards emergency
events that are coordinated with the capacities of
applicable Federal, State, and local governments, first
responders, and State and local government health
agencies;
(B) develop State, regional, or local mutual aid
agreements;
(C) purchase or upgrade equipment based on State
and local needs as identified under a State homeland
security plan;
(D) conduct exercises to strengthen emergency
preparedness of State and local first responders
including law enforcement, firefighting personnel, and
emergency medical service workers, and other emergency
responders identified in a State homeland security
plan;
(E) pay for overtime expenses relating to--
(i) training activities consistent with the
goals outlined in a State homeland security
plan;
(ii) as determined by the Secretary,
activities relating to an increase in the
threat level under the Homeland Security
Advisory System; and
(iii) any other activity relating to the
State Homeland Security Strategy, and approved
by the Secretary;
(F) promote training regarding homeland 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
decontamination equipment, and personal
protective gear; and
(G) conduct any activity permitted under the Law
Enforcement Terrorism Prevention Grant Program.
(3) Prohibited uses.--
(A) Construction.--Grants awarded under subsection
(a) may not be used to construct buildings or other
physical facilities, except those described in section
611 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196) and approved
by the Secretary in the homeland security plan
certified under subsection (d), or to acquire land.
(B) Cost sharing.--Grant funds provided under this
section shall not be used for any State or local
government cost sharing contribution request under this
section.
(c) Application.--
(1) Submission.--A State may apply for a grant under this
section by submitting to the Secretary an application at such
time, and in such manner, and containing such information the
Secretary may reasonably require.
(2) Revisions.--A State may revise a homeland security plan
certified under subsection (d) at the time an application is
submitted under paragraph (1) after receiving approval from the
Secretary.
(3) Approval.--The Secretary shall not award a grant under
this section unless the application submitted by the State
includes a homeland security plan meeting the requirements of
subsection (d).
(4) Release of funds.--The Secretary shall release grant
funds to States with approved plans after the approval of an
application submitted under this subsection.
(d) Homeland Security Plan.--
(1) In general.--An application submitted under subsection
(c) shall include a certification that the State has prepared a
3-year State homeland security plan (referred to in this
subsection as the ``plan'') to respond to terrorist attacks and
strengthen all hazards emergency planning that has been
approved by the Secretary.
(2) Contents.--The plan shall contain measurable goals and
objectives that--
(A) establish a 3-year strategy to set priorities
for the allocation of funding to political subdivisions
based on the risk, capabilities, and needs described
under paragraph (3)(C);
(B) provide for interoperable communications;
(C) provide for local coordination of response and
recovery efforts, including procedures for effective
incident command in conformance with the National
Incident Management System;
(D) ensure that first responders and other
emergency personnel have adequate training and
appropriate equipment for the threats that may occur;
(E) provide for improved coordination and
collaboration among police, fire, and public health
authorities at State and local levels;
(F) coordinate emergency response and public health
plans;
(G) mitigate risks to critical infrastructure that
may be vulnerable to terrorist attacks;
(H) promote regional coordination among contiguous
local governments;
(I) identify necessary protective measures by
private owners of critical infrastructure;
(J) promote orderly evacuation procedures when
necessary;
(K) ensure support from the public health community
for measures needed to prevent, detect and treat
bioterrorism, and radiological and chemical incidents;
(L) increase the number of local jurisdictions
participating in local and statewide exercises;
(M) meet preparedness goals as determined by the
Secretary; and
(N) include a report from the relevant advisory
committee established under paragraph (3)(D) that
documents the areas of support, disagreement, 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;
(ii) follow a process that is continuing,
inclusive, cooperative, and comprehensive, 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 subparagraph (A)(iii) shall
contain input from local stakeholders, including--
(i) local officials, including
representatives of rural, high-population, and
high-threat jurisdictions;
(ii) first responders and emergency
response providers; and
(iii) private sector companies, such as
railroads and chemical manufacturers.
(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
comprehensive assessment of--
(i) risk, including a--
(I) vulnerability assessment;
(II) threat assessment; and
(III) public health assessment, in
coordination with the State
bioterrorism plan; and
(ii) capabilities and needs, including--
(I) an evaluation of current
preparedness, mitigation, and response
capabilities based on such assessment
mechanisms as shall be determined by
the Secretary;
(II) an evaluation of capabilities
needed to address the risks described
under clause (i); and
(III) an assessment of the
shortfall between the capabilities
described under subclause (I) and the
required capabilities described under
subclause (II).
(D) Advisory committee.--
(i) In general.--Each State preparing a
plan under this section shall establish an
advisory committee to receive comments from the
public and the local stakeholders identified
under subparagraph (B).
(ii) Composition.--The Advisory Committee
shall include local officials, local first
responders, and emergency response providers
that are representative of the counties,
cities, and towns within the State, and which
shall include representatives of rural, high-
population, and high-threat jurisdictions.
(4) Plan approval.--The Secretary shall approve a plan upon
finding that the plan meets the requirements of--
(A) paragraphs (2) and (3);
(B) the interim performance measurements under
subsection (g)(1), or the national performance
standards under subsection (g)(2); and
(C) any other criteria the Secretary determines
necessary to the approval of a State plan.
(5) Review of advisory committee report.--The Secretary
shall review the recommendations of the advisory committee
report incorporated into a plan under subsection (d)(2)(N),
including any dissenting views submitted by advisory committee
members, to ensure cooperation and coordination between local
and State jurisdictions in planning the use of grant funds
under this section.
(e) Tentative Allocation.--
(1) Urban area security initiative grant program.--
(A) In general.--The Secretary shall allocate 25
percent of the funds appropriated under the Threat-
Based Homeland Security Grant Program for discretionary
grants to be provided directly to local governments,
including multistate entities established by a compact
between 2 or more States, in high threat areas, as
determined by the Secretary based on the criteria under
subparagraph (B).
(B) Criteria.--The Secretary shall ensure that each
local government receiving a grant under this
paragraph--
(i) has a large population or high
population density;
(ii) has a high degree of threat, risk, and
vulnerability related to critical
infrastructure or not less than 1 key asset
identified by the Secretary or State homeland
security plan;
(iii) has an international border with
Canada or Mexico, or coastline bordering
international waters of Canada, Mexico, or
bordering the Atlantic Ocean, the Pacific
Ocean, or the Gulf of Mexico; or
(iv) are subject to other threat factors
specified in writing by the Secretary.
(C) Consistency.--Any grant awarded under this
paragraph shall be used to supplement and support, in a
consistent and coordinated manner, those activities and
objectives described under subsection (b) or a State
homeland security plan.
(D) Coordination.--The Secretary shall ensure that
any grants made under this paragraph encourage multiple
contiguous units of local government and mutual aid
partners to coordinate any homeland security
activities.
(2) State homeland security grant program.--
(A) States.--Each State whose application is
approved under subsection (c) shall receive, for each
fiscal year, the greater of--
(i) 0.75 percent of the amounts
appropriated for the State Homeland Security
Grant Program; or
(ii) the State's per capita share, as
defined by the 2002 census population estimate,
of 38.625 percent of the State Homeland
Security Grant Program.
(B) Insular areas.--Each insular area shall
receive, for each fiscal year, the greater of--
(i) 0.075 percent of the amounts
appropriated for the State Homeland Security
Grant Program; or
(ii) the insular area's per capita share,
as defined by the 2002 census population
estimate, of 38.625 percent of the State
Homeland Security Grant Program.
(3) Secondary distribution.--After the distribution of
funds under paragraph (2), the Secretary shall, from the
remaining funds for the State Homeland Security Grant Program
and 10.8 percent of the amount appropriated for the Threat-
Based Homeland Security Grant Program pursuant to subsection
(j)(1), distribute amounts to each State that--
(A) has a substantial percentage of its population
residing in Metropolitan Statistical Areas, as defined
by the Office of Management and Budget;
(B) has a high degree of threat, risk, and
vulnerability related to critical infrastructure or not
less than 1 key asset identified by the Secretary or
State homeland security plan;
(C) has an international border with Canada or
Mexico, or coastline bordering international waters of
Canada, Mexico, or bordering the Atlantic Ocean, the
Pacific Ocean, or the Gulf of Mexico; or
(D) are subject to other threat factors specified
in writing by the Secretary.
(4) Distribution of funds.--If the amounts tentatively
allocated under paragraphs (1) through (3) equal the sum of the
amounts appropriated pursuant to subsection (j), the Secretary
shall distribute the appropriated amounts based on the
tentative allocation.
(5) Proportional reduction.--If the amount appropriated for
the Large High-Threat State Fund pursuant to subsection (j)(2)
is less than 10.8 percent of the amount appropriated for the
Threat-Based Homeland Security Grant Program pursuant to
subsection (j)(1), the Secretary shall proportionately reduce
the amounts tentatively allocated under paragraphs (1) through
(3) so that the amount distributed is equal to the sum of the
amounts appropriated for such programs.
(6) Funding for local entities and first responders.--The
Secretary shall require recipients of the State Homeland
Security Grant to provide local governments and first
responders, consistent with the applicable State homeland
security plan, with 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.
(7) Supplement not supplant.--Amounts appropriated for
grants under this subsection shall be used to supplement and
not supplant other State and local public funds obligated for
the purposes provided under this Act.
(8) Law enforcement terrorism prevention program.--
(A) In general.--The Secretary shall designate not
more than 25 percent of the amounts allocated through
the State Homeland Security Grant Program to be used
for the Law Enforcement Terrorism Prevention Program to
provide grants to law enforcement agencies to enhance
capabilities for terrorism prevention.
(B) Use of funds.--Grants awarded under this
paragraph 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 interdict
terrorists before they can execute a threat;
(v) interoperable communication systems;
(vi) overtime expenses related to the State
Homeland Security Strategy approved by the
Secretary; and
(vii) any other terrorism prevention
activity authorized by the Secretary.
(f) 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 funds
spent on homeland security activities under the applicable
State homeland security plan; and
(2) information regarding the use of grant funds by units
of local government as required by the Secretary.
(g) Accountability.--
(1) Interim performance measures.--
(A) In general.--Before establishing performance
standards under paragraph (2), the Secretary shall
assist each State in establishing interim performance
measures based upon--
(i) the goals and objectives under
subsection (d)(2); and
(ii) any other factors determined by the
Secretary.
(B) Annual report.--Before establishing performance
measures under paragraph (2), each State with an
approved State plan shall submit to the Secretary a
report detailing the progress the State has made in
meeting the interim performance measures established
under subparagraph (A).
(2) National performance standards.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall set
national performance standards based in part on the
goals and objectives under subsection (d)(2) and any
other factors the Secretary determines relevant.
(B) Compliance.--The Secretary shall ensure that
State plans are in conformance with the standards set
under subparagraph (A).
(C) Annual report.--After the establishment of
performance standards under subparagraph (A), each
State with an approved State homeland security plan
shall submit to the Secretary a report on the progress
the State has made in meeting such standards.
(3) General accounting office access to information.--Each
recipient of a grant under this section and the Department of
Homeland Security shall provide the General Accounting Office
with full access to information regarding the activities
carried out under this section.
(4) 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 conformance with the requirements of chapter 75 of
title 31, United States Code.
(h) 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, 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 expended by the recipient in
accordance with this section; or
(C) limit the use of grant funds received under
this section to programs, projects, or activities 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 section.
(3) Direct funding.--If a State fails to substantially
comply with any provision of this section, including failing to
provide local governments 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 manner as
determined by the Secretary, to request that grant funds or
resources be provided directly to the local government.
(i) Reports to Congress.--The Secretary shall submit an annual
report to Congress that provides--
(1) findings relating to the performance standards
established under subsection (g);
(2) the status of preparedness goals and objectives;
(3) an evaluation of how States and local governments are
meeting preparedness goals and objectives;
(4) the total amount of resources provided to the States;
(5) the total amount of resources provided to units of
local government; and
(6) a list of how these resources were expended.
(j) Authorization of Appropriations.--
(1) Threat-based homeland security grant program.--There
are authorized to be appropriated such sums as are necessary to
carry out this section.
(2) Large high-threat state fund.--There are authorized to
be appropriated 10.8 percent of the funds appropriated in any
fiscal year pursuant to paragraph (1), which shall be used to
carry out the Large High-Threat State Fund.
SEC. 7. ELIMINATING HOMELAND SECURITY FRAUD, WASTE, AND ABUSE.
(a) Annual General Accounting 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 the results of the audit
conducted under paragraph (1), which includes--
(A) an analysis of whether the grant recipients
allocated funding consistent with the State homeland
security plan and the guidelines established by the
Department of Homeland Security; and
(B) the amount of funding devoted to overtime and
administrative expenses.
(b) Reviews of Threat-based Homeland Security Funding.--The
Secretary, through the appropriate agency, shall conduct periodic
reviews of grants made through the Threat Based Homeland Security Grant
Program to ensure that recipients allocate funds consistent with the
guidelines established by the Department of Homeland Security.
(c) Remedies for Non-compliance.--If the Secretary determines,
after reasonable notice and an opportunity for a hearing, that a
recipient of a Threat Based Homeland Security Grant has failed to
substantially comply with any regulations or guidelines issues by the
Department regarding eligible expenditures, the Secretary shall--
(1) terminate any payment of grant funds scheduled to be
made to the recipient;
(2) reduce the amount of payment of grant finds to the
recipient by an amount equal to the amount of grant funds that
were not expended by the recipient in accordance with such
guidelines; or
(3) limit the use of grant funds received under the Threat
Based Homeland Security Grant Program to programs, projects, or
activities not affected by the failure to comply.
(d) Duration of Penalty.--The Secretary shall apply an appropriate
penalty under subsection (c) until such time as the Secretary
determines that the grant recipient is in full compliance with the
guidelines established by the Department of Homeland Security.
SEC. 8. FLEXIBILITY IN UNSPENT HOMELAND SECURITY FUNDS.
(a) Reallocation of Funds.--The Director of the Office for Domestic
Preparedness, Department of Homeland Security, 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
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 subsection (a) in accordance with the State
plan and any other relevant factors that the Secretary determines to be
necessary.
(c) Limitation.--A waiver under this section shall not affect the
obligation of a State to pass through 80 percent of the amount
appropriated for equipment to units of local government.
SEC. 9. CERTIFICATION RELATIVE TO THE SCREENING OF MUNICIPAL SOLID
WASTE TRANSPORTED INTO THE UNITED STATES.
The Secretary shall deny entry into the United States of any
commercial motor vehicle (as defined in section 31101(1) of title 49,
United States Code) carrying municipal solid waste unless and until the
Secretary certifies to Congress that the methodologies and technologies
used by the Bureau of Customs and Border Protection of the Department
of Homeland Security to screen for and detect the presence of chemical,
nuclear, biological, and radiological weapons in such 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 commercial motor vehicle transport.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S451-452)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Collins with an amendment in the nature of a substitute. With written report No. 109-71. Additional views filed.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Collins with an amendment in the nature of a substitute. With written report No. 109-71. Additional views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 112.
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