[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 308 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 308

     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 SENATE OF THE UNITED STATES

                            February 8, 2005

 Mr. Lautenberg (for himself and Mr. Corzine) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
     To require that Homeland Security grants related to terrorism 
preparedness and prevention be awarded based strictly on an assessment 
                 of risk, threat, and vulnerabilities.

    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 ``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 
following:
``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 FUNDING.

    (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 
preparedness shall be awarded based strictly on an assessment 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 repealed.

SEC. 4. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR TRADITION FIRST 
              RESPONDER MISSIONS.

    (a) Savings Provision.--This Act shall not be construed 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 missions.
    (b) Programs Excluded.--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 (42 
        U.S.C. 201 et seq.) regarding preparedness for bioterrorism and 
        other public health emergencies;
            (6) 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).
            (7) Grant programs under the Robert T. Stafford Disaster 
        Relief and Emergency Act (42 U.S.C. 5121 et seq.).
                                 <all>