[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3837 Reported in House (RH)]

                                                 Union Calendar No. 319
111th CONGRESS
   2d Session
                                H. R. 3837

                          [Report No. 111-558]

To amend the Homeland Security Act of 2002 to provide for clarification 
 on the use of funds relating to certain homeland security grants, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 15, 2009

Ms. Kilroy (for herself, Mr. Cuellar, Mr. Thompson of Mississippi, Mr. 
  Pascrell, Ms. Clarke, Mr. DeFazio, Ms. Richardson, Ms. Norton, Mr. 
Sires, Ms. Jackson-Lee of Texas, Mr. Cleaver, and Ms. Titus) introduced 
  the following bill; which was referred to the Committee on Homeland 
                                Security

                             July 22, 2010

     Additional sponsors: Mr. Bishop of New York, Mr. Carney, Mrs. 
    Kirkpatrick of Arizona, Mr. Reyes, Mr. Lance, Mr. Loebsack, Mr. 
 Driehaus, Mr. Lujan, Mr. Filner, Mr. Al Green of Texas, Mr. Langevin, 
Mr. Welch, Mr. Holden, Ms. Loretta Sanchez of California, and Mr. Himes

                             July 22, 2010

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]


_______________________________________________________________________

                                 A BILL


 
To amend the Homeland Security Act of 2002 to provide for clarification 
 on the use of funds relating to certain homeland security grants, and 
                          for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Strengthening and Updating 
Resources and Equipment Act'' or the ``SURE Act''.</DELETED>

<DELETED>SEC. 2. CLARIFICATION ON USE OF FUNDS RELATING TO CERTAIN 
              HOMELAND SECURITY GRANTS.</DELETED>

<DELETED>    (a) In General.--Section 2008 of the Homeland Security Act 
of 2002 (6 U.S.C. 609) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(4), by inserting before the 
        semicolon at the end the following: ``, and any related 
        maintenance agreements, user fees, or sustainment 
        costs'';</DELETED>
        <DELETED>    (2) in subsection (b)(3), by adding at the end the 
        following new subparagraph:</DELETED>
                <DELETED>    ``(C) Equipment maintenance.--With respect 
                to the use of amounts awarded to a grant recipient 
                under section 2003 or 2004 for equipment purchase and 
                maintenance costs, the Administrator may not--
                </DELETED>
                        <DELETED>    ``(i) impose a limit on the amount 
                        of any such award that may be used to pay for 
                        such purchase and maintenance costs, including 
                        any costs referred to in subsection (a)(4); 
                        or</DELETED>
                        <DELETED>    ``(ii) impose any additional 
                        limitation, including any fiscal year 
                        limitation, beyond the limitations described in 
                        the matter preceding paragraph (1) and in 
                        paragraph (4) of subsection (a), on the amount 
                        of any such award that may be used for a 
                        specific type, purpose, or category of 
                        equipment purchase or maintenance 
                        cost.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall take effect on the date of the enactment of this section and 
shall apply to grants made under section 2003 or 2004 of the Homeland 
Security Act of 2002 (6 U.S.C. 604 and 605), in accordance with the 
provisions specified in section 2008 of such Act (6 U.S.C. 609), as 
amended by subsection (a) of this section, on or after October 1, 
2008.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening and Updating Resources 
and Equipment Act'' or the ``SURE Act''.

SEC. 2. CLARIFICATION ON USE OF FUNDS RELATING TO CERTAIN HOMELAND 
              SECURITY GRANTS.

    (a) Equipment Maintenance.--
            (1) Amendments.--Section 2008 of the Homeland Security Act 
        of 2002 (6 U.S.C. 609) is amended--
                    (A) in subsection (a)(4), by inserting before the 
                semicolon at the end the following: ``, and any related 
                maintenance agreements, user fees, or sustainment 
                costs''; and
                    (B) in subsection (b)(3), by adding at the end the 
                following new subparagraph:
                    ``(C) Equipment maintenance.--
                            ``(i) In general.--The Administrator may 
                        not impose any time limitation, including any 
                        fiscal year limitation, on the use for covered 
                        maintenance costs of amounts awarded as a grant 
                        under section 2003 or 2004, that is in addition 
                        to the limitations described in this subsection
                            ``(ii) Covered maintenance costs defined.--
                        In this subparagraph the term `covered 
                        maintenance costs' means costs of maintenance 
                        and sustainment costs described in subsection 
                        (a)(4) associated with equipment purchased with 
                        grant funds provided under section 2003 or 2004 
                        for a prior fiscal year.''.
            (2) Application.--The amendments made by this subsection 
        shall apply to grants made under section 2003 or 2004 of the 
        Homeland Security Act of 2002 (6 U.S.C. 604 and 605) on or 
        after October 1, 2008.
    (b) Specification of Intended Use in Grant Applications.--
            (1) Urban area security initiative grants.--Section 
        2003(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
        604(c)(2)) is amended by striking ``and'' after the semicolon 
        at the end of subparagraph (B), by striking the period at the 
        end of subparagraph (C) and inserting ``; and'', and by adding 
        at the end the following new subparagraph:
                    ``(D) specification of the amount of grant funds 
                the high-risk urban area plans to allocate to maintain 
                and sustain target capabilities, including equipment, 
                that have been supported with prior fiscal year funds 
                awarded under this section or section 2004.''.
            (2) State homeland security grants.--Section 2004(b)(2) of 
        the Homeland Security Act of 2002 (6 U.S.C. 605(b)(2)) is 
        amended by striking ``and'' after the semicolon at the end of 
        subparagraph (B), by striking the period at the end of 
        subparagraph (C) and inserting ``; and'', and by adding at the 
        end the following new subparagraph:
                    ``(D) specification of the amount of grant funds 
                the State plans to allocate to maintain and sustain 
                target capabilities, including equipment, that have 
                been supported with prior fiscal year funds awarded 
                under this section or section 2003.''.
    (c) Grant Guidance.--Section 2002 of the Homeland Security Act of 
2002 (6 U.S.C. 603) is amended by adding at the end the following new 
subsection:
    ``(d) Grant Guidance.--
            ``(1) In general.--The Administrator shall--
                    ``(A) not later than three months after the date of 
                enactment of the Strengthening and Updating Resources 
                and Equipment Act of 2009, issue guidance defining 
                costs eligible to be paid with grants under sections 
                2003 and 2004 for equipment maintenance agreements, 
                user fees, sustainment costs, and any other equipment-
                related costs, as the Administrator determines is 
                appropriate; and
                    ``(B) review and update such guidance as necessary.
            ``(2) Congressional briefing.--The Administrator shall 
        brief the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate not less than five days 
        before issuing any guidance, or announcing the award of any 
        grant, under section 2003 or 2004.''.
                                                 Union Calendar No. 319

111th CONGRESS

   2d Session

                               H. R. 3837

                          [Report No. 111-558]

_______________________________________________________________________

                                 A BILL

To amend the Homeland Security Act of 2002 to provide for clarification 
 on the use of funds relating to certain homeland security grants, and 
                          for other purposes.

_______________________________________________________________________

                             July 22, 2010

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed