[Congressional Record Volume 155, Number 171 (Wednesday, November 18, 2009)]
[Senate]
[Page S11495]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Mr. Voinovich):
  S. 2793. 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; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. LEAHY. Mr. President, today I am introducing the Strengthening 
and Updating Resources and Equipment, SURE, Act, a bill that will 
enable our country's first responders to maintain important equipment 
to protect our communities. I thank Senator Voinovich for his support 
of this important legislation. First responders across the country 
provide critical protection from attacks on our Nation, and we should 
ensure they have the tools they need to keep our communities safe and 
prepared.
  On September 22, the Federal Emergency Management Agency announced a 
considerable change in their policy regarding the use of preparedness 
grants. The new guidelines state that recipients of Urban Area Security 
Initiative and State Homeland Security Grant Program SHSGP, funds may 
no longer use the funds for maintenance of equipment beyond the period 
of performance for the grant. This shifts the burden of maintenance 
costs for important homeland security equipment to States and 
communities, many of which are already struggling in the current 
economic downturn.
  Much of the equipment purchased with these grants is complex and 
costly to maintain, and disallowing the use of grants to cover 
expensive maintenance costs means that many communities will have to 
forego the use of systems in which they have already invested precious 
resources. Also, many State and local governments may be unable to 
purchase essential equipment because they would be unable to cover the 
maintenance costs in future years.
  A plan to implement a statewide communications system for first 
responders in my home state of Vermont is severely hampered by this 
policy change. State and local officials have been developing this 
system, known as the Lifeline System, for years and have planned for 
implementation by combining portions of 4 years of SHSGP grants with 
additional law enforcement funding. Upon completion of this important 
system for statewide coordination, considerable funds will be required 
to ensure that the system remains effective. If Vermont is unable to 
use preparedness grants for future maintenance, the Lifeline System may 
become inoperable, severely diminishing statewide coordination for 
homeland security and emergency management. I have heard from law 
enforcement officials in Vermont like Lieutenant Michael Manning of the 
Vermont State Police about how changes in these grant programs will 
affect state emergency law enforcement services.
  The SURE Act would make changes to the Homeland Security Act of 2002 
to clarify that the administrator of these grants may not place 
limitations on the use of preparedness grants for maintenance costs. 
This important clarification means that State and local law enforcement 
will be able to apply funds they receive to sustain the vital systems 
and equipment that have been put in place to keep our communities safe.
  Our Nation's law enforcement officers deserve our commitment to 
provide them with the tools they need to carry out their duties. I 
support and respect our State and local police officers and all of our 
first responders, and am proud to recognize their role in upholding the 
rule of law and keeping our Nation safe and secure.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2793

       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 ``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) In General.--Section 2008 of the Homeland Security Act 
     of 2002 (6 U.S.C. 609) is amended--
       (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''; and
       (2) in subsection (b)(3), by adding at the end the 
     following:
       ``(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--
       ``(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
       ``(ii) impose any additional limitation, including any 
     fiscal year limitation, beyond any limitation under this 
     section, on the amount of any such award that may be used for 
     a specific type, purpose, or category of equipment purchase 
     or maintenance cost.''.
       (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.
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