[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>