To provide for homeland security grant coordination and simplification, and for other purposes.

SA 1142. Ms. COLLINS (for herself, Mr. Lieberman, Mr. DeWine, Mr.
Coburn, Mr. Akaka, Mr. Carper, Mr. Salazar, Mr. Coleman, Mr. Voinovich,
Mr. Reed, Mr. Bingaman, and Mr. Harkin) proposed an amendment to the
bill H.R. 2360, making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2006, and for other
purposes; as follows:

At the end of the bill, add the following:

TITLE VI--HOMELAND SECURITY GRANT ENHANCEMENT

SEC. 601. SHORT TITLE.

This title may be cited as the ``Homeland Security Grant
Enhancement Act of 2005''.

SEC. 602. 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.--Consistent with section 871, 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 emergency response provider 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) at least 2 representatives of the Department,
including a representative of the United States Fire
Administration;
``(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;
``(F) at least 2 State Governors, or their designees, or
other local or tribal officials; and
``(G) a representative of any other department or agency
determined to be necessary by the President.
``(3) Responsibilities.--The Interagency Committee shall--
``(A) provide any findings to the Information Clearinghouse
established under section 801(c);
``(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 and other first
responder assistance programs;
``(D) compile a list of homeland security and other first
responder assistance programs;
``(E) not later than 1 year after the date of enactment 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--

``(I) eliminate all redundant and duplicative requirements
and onerous application and ongoing reporting requirements;
``(II) ensure accountability of the programs to the
intended purposes of such programs;
``(III) coordinate expenditures of grant funds to avoid
duplicative or inconsistent purchases; and
``(IV) make the programs as user friendly as possible for
applicants, including reducing lapsed time between grant
applications, decisions and payments, easing fund matching
requirements, and improving application guidance; and

``(ii) submit the proposal developed under clause (i) to--

``(I) the President;
``(II) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(III) the Committee on Homeland Security of the House of
Representatives; and

``(F) otherwise promote the coordination of homeland
security grant programs throughout the Federal government.
``(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. 603. STREAMLINING FEDERAL HOMELAND SECURITY GRANT
ADMINISTRATION.

(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 602; 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.''; and
(C) in subsection (c)--
(i) in paragraph (7)--

(I) by striking ``other'' and inserting ``the''; and
(II) by striking ``consistent with the mission and
functions of the Directorate'';

(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(c).''.
(c) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended--
(A) by striking the item relating to section 430;
(B) by amending the item relating to section 801 to read as
follows:

``Sec. 801. Office of State and Local Government Coordination and
Preparedness.'';

and

[[Page S8010]]

(C) by inserting after the item relating to section 802, as
added by this title, the following:

``Sec. 803. Office for Domestic Preparedness.''.

(2) Section heading.--Section 801 of the Homeland Security
Act of 2002 (6 U.S.C. 361) is amended by striking the section
heading and inserting the following:

``SEC. 801. OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION
AND 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:
``(c) Homeland Security Information Clearinghouse.--
``(1) Establishment.--There is established within the
Office for State and Local Government Coordination and
Preparedness a Homeland Security Information Clearinghouse
(referred to in this section as the `Clearinghouse'), which
shall assist States, local governments, and emergency
response providers in accordance with paragraphs (2) through
(6).
``(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 administered by the
Department.
``(3) Technical assistance.--The Clearinghouse, in
consultation with the Interagency Committee established under
section 802, shall provide information regarding technical
assistance provided by any Federal agency to States and local
governments relating to homeland security matters, including
templates for conducting threat analyses and vulnerability
assessments.
``(4) Best practices.--The Clearinghouse shall work with
States, local governments, emergency response providers, the
National Domestic Preparedness Consortium, the National
Memorial Institute for the Prevention of Terrorism, 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 that can be purchased with Federal funds provided
under homeland security grant programs and make such
information, and information regarding voluntary standards of
training, equipment, and exercises, available to States,
local governments, and emergency response providers.
``(6) Other information.--The Clearinghouse shall provide
States, local governments, and emergency response providers
with any other information that the Secretary determines
necessary.''.

SEC. 604. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS AND
THREAT-BASED HOMELAND SECURITY GRANT PROGRAM.

(a) In General.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by adding at the end the
following:

``TITLE XVIII--ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS AND THREAT-
BASED HOMELAND SECURITY GRANT PROGRAM

``SEC. 1801. DEFINITIONS.

``In this title, the following definitions shall apply:
``(1) Directly eligible tribe.--The term `directly eligible
tribe' means--
``(A) any Indian tribe, as that term is defined in section
4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)), that--
``(i) is located in the continental United States;
``(ii) operates a law enforcement or emergency response
agency with the capacity to respond to calls for law
enforcement or emergency services;
``(iii) is located--

``(I) on, or within 10 miles of, an international border or
a coastline bordering an ocean or international waters;
``(II) within 5 miles of critical infrastructure or having
critical infrastructure within its territory; or
``(III) within or contiguous to 1 of the 50 largest
metropolitan statistical areas in the United States; and

``(iv) certifies to the Secretary that a State or eligible
metropolitan region is not making funds distributed under
this title available to the Indian tribe or consortium of
Indian tribes for the purpose for which the Indian tribe or
consortium of Indian tribes is seeking grant funds; and
``(B) a consortium of Indian tribes if each tribe satisfies
the requirements of subparagraph (A).
``(2) Eligible metropolitan region.--The term `eligible
metropolitan region' means the following:
``(A) In general.--A combination of 2 or more incorporated
municipalities, counties, parishes, or Indian tribes within a
metropolitan region that includes the city in that
metropolitan region with the largest population. Such
eligible metropolitan region may include additional local
governments outside the metropolitan region that are likely
to be affected by, or be called upon to respond to, a
terrorist attack or other catastrophic event within the
metropolitan region.
``(B) Other combinations.--Any other combination of
contiguous local governments that are formally certified by
the Secretary as an eligible metropolitan region for purposes
of this title with the consent of the State or States in
which such local governments are located.
``(3) Essential capabilities.--The term `essential
capabilities' means the levels, availability, and competence
of emergency personnel, planning, training, and equipment
across a variety of disciplines needed to effectively and
efficiently prevent, prepare for, and respond to threatened
or actual domestic terrorist attacks and other catastrophic
events.
``(4) Indian tribe.--The term `Indian tribe' means an
entity described under section 2(10)(B).
``(5) Metropolitan region.--The term `metropolitan region'
means--
``(A) any of the 100 largest metropolitan statistical areas
in the United States, as defined by the Office of Management
and Budget; or
``(B) any combined statistical area, as defined by the
Office of Management and Budget, of which any metropolitan
statistical area covered by subparagraph (A) is a part.
``(6) Population.--The term `population' means population
according to the most recent United States census population
estimates available at the start of the relevant fiscal year.
``(7) Population density.--The term `population density'
means population divided by land area in square miles.
``(8) Sliding scale baseline allocation.--The term `sliding
scale baseline allocation' means 0.001 multiplied by the sum
of--
``(A) the value of a State's population relative to that of
the most populous of the 50 States of the United States,
where the population of such States has been normalized to a
maximum value of 100; and
``(B) one-fourth of the value of a State's population
density relative to that of the most densely populated of the
50 States of the United States, where the population density
of such States has been normalized to a maximum value of 100.
``(9) Threat-based homeland security grant program.--The
term `Threat-Based Homeland Security Grant Program' means the
program established under section 1804.

``SEC. 1802. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR
TRADITIONAL FIRST RESPONDER MISSIONS.

``(a) In General.--This title 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 Not Affected.--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) and programs under section 34 of that
Act (15 U.S.C. 2229a).
``(2) All grant programs authorized under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), including the Emergency Management
Performance Grant Program and the Urban Search and Rescue
Grant program.
``(3) The Justice Assistance Grants 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.) (commonly known as the
Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs).
``(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. 1803. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.

``(a) Establishment of Essential Capabilities.--
``(1) In general.--Building upon the national preparedness
guidance issued by the Secretary, the Secretary shall
establish clearly defined essential capabilities for State
and local governments, in consultation with--
``(A) the Task Force on Essential Capabilities for First
Responders established under subsection (d);
``(B) the Under Secretaries for Emergency Preparedness and
Response (including representatives of the United States Fire
Administration), Border and Transportation Security,
Information Analysis and Infrastructure Protection, and
Science and Technology, and the Executive Director of the
Office for State and Local Government Coordination and
Preparedness;
``(C) the Secretary of Health and Human Services;
``(D) other appropriate Federal agencies;
``(E) State and local emergency response providers;
``(F) State and local officials; and
``(G) consensus-based standard making organizations
responsible for setting standards relevant to the first
responder community.
``(2) Deadlines.--The Secretary shall--
``(A) establish essential capabilities under paragraph (1)
within 30 days after receipt of the first report under
subsection (d)(3); and

[[Page S8011]]

``(B) regularly update such essential capabilities as
necessary, but not less than every 3 years.
``(3) Provision of essential capabilities.--The Secretary
shall ensure that a detailed description of the essential
capabilities established under paragraph (1) is provided
promptly to the States and to Congress. The States shall make
the description of the essential capabilities available as
appropriate to local governments within their jurisdictions.
``(b) Objectives.--The Secretary shall ensure that
essential capabilities established under subsection (a)(1)
meet the following objectives:
``(1) Specificity.--The determination of essential
capabilities shall describe specifically the training,
planning, personnel, and equipment that different types of
communities in the Nation should possess, or to which they
should have access, in order to meet the Department's goals
for preparedness based upon--
``(A) the national preparedness goal, the target
capabilities list, and the national preparedness guidance;
``(B) the most current risk assessment available by the
Directorate for Information Analysis and Infrastructure
Protection of the threats of terrorism against the United
States;
``(C) the risks faced by different types of communities,
including communities of various sizes, geographies, and
other distinguishing characteristics; and
``(D) the principles of regional coordination and mutual
aid among State and local governments.
``(2) Flexibility.--The establishment of essential
capabilities shall be sufficiently flexible to allow State
and local government officials to set priorities based on
local or regional needs, while reaching nationally determined
preparedness levels within a specified time period.
``(3) Measurability.--The establishment of essential
capabilities shall be designed to enable measurement of
progress toward specific terrorism preparedness goals.
``(4) Comprehensiveness.--The determination of essential
capabilities shall be made within the context of a
comprehensive State emergency management system.
``(c) Factors To Be Considered.--In establishing essential
capabilities for different types of communities under
subsection (a)(1), the Secretary specifically shall consider
the variables of threat, vulnerability, and consequences with
respect to population (including transient commuting and
tourist populations), areas of high population density,
critical infrastructure, coastline, and international
borders. Such consideration shall be based upon the most
current risk assessment available by the Directorate for
Information Analysis and Infrastructure Protection of the
threats of terrorism against the United States and the needs
described in the national preparedness guidance and the
target capabilities list.
``(d) Task Force on Essential Capabilities for First
Responders.--
``(1) Establishment.--
``(A) In general.--To assist the Secretary in establishing
essential capabilities under subsection (a)(1), the Secretary
shall establish an advisory body under section 871(a) not
later than 60 days after the date of enactment of this
section, which shall be known as the Task Force on Essential
Capabilities for First Responders.
``(B) Termination.--Notwithstanding section 871(b), the
Task Force shall terminate 5 years after the date of its
establishment, unless the Secretary makes a written
determination to extend the Task Force to a specified date,
which shall not be more than 5 years after the date on which
such determination is made. The Secretary may make any number
of subsequent extensions consistent with this subsection.
``(2) Public comment.--Not later than 90 days after the
date of enactment of this section, the Task Force shall
solicit comment on the establishment of essential
capabilities for State and local government preparedness.
``(3) Report.--
``(A) In general.--Not later than 9 months after the
establishment of the Task Force by the Secretary, and every 3
years thereafter, the Task Force shall submit to the
Secretary a report on its recommendations for essential
capabilities for preparedness for terrorism.
``(B) Contents.--Each report shall--
``(i) provide a thorough assessment of the national
preparedness guidance and target capabilities list and
recommendations for revisions;
``(ii) include a priority ranking of essential capabilities
in order to provide guidance to the Secretary and to Congress
on determining the appropriate allocation of, and funding
levels for, first responder needs;
``(iii) set forth a methodology by which any State or local
government will be able to determine the extent to which it
possesses or has access to the essential capabilities that
States and local governments having similar risks should
obtain; and
``(iv) describe the availability of national voluntary
consensus standards, and whether there is a need for new
national voluntary consensus standards, with respect to first
responder training and equipment.
``(C) Comprehensiveness.--The Task Force shall ensure that,
when recommending essential capabilities for terrorism
preparedness, such recommendations are made within the
context of a comprehensive State emergency management system.
``(4) Membership.--
``(A) In general.--The Task Force shall consist of 25
members appointed by the Secretary, and shall, to the extent
practicable, represent a geographic and substantive cross
section of first responder disciplines from the State and
local government levels, including as appropriate--
``(i) members selected from the emergency response field,
including fire service and law enforcement, hazardous
materials response, emergency medical services, and emergency
management personnel;
``(ii) health scientists, emergency and inpatient medical
providers, and public health professionals, including experts
in emergency health care response to chemical, biological,
radiological, and nuclear terrorism, and experts in providing
mental health care during emergency response operations;
``(iii) experts from Federal, State, and local governments,
and the private sector, representing standards-setting
organizations, including representatives from the voluntary
consensus codes and standards development community,
particularly those with expertise in first responder
disciplines; and
``(iv) State and local officials with expertise in
terrorism preparedness and other emergency preparedness.
``(B) Coordination with the department of health and human
services.--In the selection of members of the Task Force who
are health professionals, including emergency medical
professionals, the Secretary shall coordinate the selection
with the Secretary of Health and Human Services.
``(C) Ex officio members.--The Secretary shall designate 1
or more officers of the Department to serve as ex officio
members of the Task Force. One of the ex officio members from
the Department shall be the designated officer of the Federal
Government for purposes of subsection (e) of section 10 of
the Federal Advisory Committee Act (5 U.S.C. App.).
``(5) Applicability of federal advisory committee act.--
Notwithstanding section 871(a), the Federal Advisory
Committee Act (5 U.S.C. App.), including subsections (a),
(b), and (d) of section 10 of the Federal Advisory Committee
Act, and section 552b(c) of title 5, United States Code,
shall apply to the Task Force.

``SEC. 1804. THREAT-BASED HOMELAND SECURITY GRANT PROGRAM.

``(a) Establishment.--
``(1) In general.--There is established the Threat-Based
Homeland Security Grant Program, which includes--
``(A) formula-based grants for State and local programs
administered by the Office of State and Local Government
Coordination and Preparedness, including the State Homeland
Security Grant Program, and the Law Enforcement Terrorism
Prevention Program under section 1014 of the USA PATRIOT ACT
(42 U.S.C. 3714);
``(B) discretionary grants for State and local programs
administered by the Office of State and Local Government
Coordination and Preparedness for use in high-threat, high-
density urban areas, including the Urban Area Security
Initiative Program; and
``(C) any successor program to any program described in
subparagraph (A) or (B).
``(2) Grants authorized.--The Secretary may award grants to
States and eligible metropolitan regions under the Threat-
Based Homeland Security Grant Program to enhance homeland
security.
``(3) Relationship to other laws.--The Threat-Based
Homeland Security Grant Program shall be deemed to satisfy
the requirements of section 1014 of the USA PATRIOT ACT (42
U.S.C. 3714). The allocation of grants authorized under this
section shall be governed by the terms of this section and
not by any other provision of law.
``(b) Use of Funds.--
``(1) In general.--Grants awarded under this section--
``(A) shall be used to address homeland security matters
related to acts of terrorism or catastrophic events, related
capacity building, or otherwise addressing shortfalls in
essential capabilities; and
``(B) shall not be used to supplant ongoing emergency
response expenses or general protective measures.
``(2) Allowable uses.--Grants awarded under this section
may be used to achieve essential capabilities through--
``(A) developing State or regional plans or risk
assessments (including the development of the homeland
security plan under subsection (e)) to respond to terrorist
attacks or other catastrophic events and community wide plans
for responding to terrorist or catastrophic events that are
coordinated with the capacities of applicable Federal, State,
and local governments, emergency response providers, and
State and local government health agencies;
``(B) developing State, regional, or local mutual aid
agreements;
``(C) purchasing, upgrading, storing, or maintaining
equipment based on State and local needs as identified under
a State homeland security plan, consistent with essential
capability needs;
``(D) conducting 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) paying for expenses relating to--

[[Page S8012]]

``(i) overtime regarding training activities consistent
with the goals outlined in a State homeland security plan;
and
``(ii) as determined by the Secretary, overtime activities
relating to an increase in the threat level under the
Homeland Security Advisory System;
``(F) promoting training relating to 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;
``(G) conducting any activity permitted under the Law
Enforcement Terrorism Prevention Grant Program under section
1014 of the USA PATRIOT ACT (42 U.S.C. 3714); and
``(H) any other activity relating to achieving essential
capabilities approved by the Secretary.
``(3) Prohibited uses.--Grants awarded under this section
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 (e), or to
acquire land.
``(c) Equipment Standards.--If an applicant for a grant
under this section proposes to upgrade or purchase, with
assistance provided under the grant, new equipment or systems
that do not meet or exceed any applicable national voluntary
consensus standards established by the Secretary under
section 1807(a), the applicant shall include in the
application an explanation of why such equipment or systems
will serve the needs of the applicant better than equipment
or systems that meet or exceed such standards.
``(d) Application.--
``(1) States.--
``(A) Submission.--A State may apply for a grant under this
section by submitting to the Secretary an application
detailing how requested funds would be used to achieve
essential capabilities and containing such other information
the Secretary may reasonably require.
``(B) Revisions.--A State may revise a homeland security
plan certified under subsection (e) at the time an
application is submitted under subparagraph (A) after
receiving approval from the Secretary.
``(C) Approval.--The Secretary shall not award a grant
under this section unless--
``(i) the State submitting the application has previously
submitted a homeland security plan meeting the requirements
of subsection (e); and
``(ii) the Secretary finds that the report submitted by the
recipient under subsection (g) demonstrates significant
progress toward achieving essential capabilities and meeting
the goals in the homeland security plan of the State.
``(D) Release of funds.--The Secretary shall release grant
funds to States with approved plans after the approval of an
application submitted under this paragraph.
``(2) Eligible metropolitan regions.--
``(A) Submission.--An eligible metropolitan region may
apply for a grant under this section by submitting an
application through the Governor of each State within which
any part of the relevant metropolitan region is located.
``(B) Contents.--An application under this paragraph shall
include--
``(i) a description of how requested funds would be used to
achieve essential capabilities;
``(ii) an explanation of how the proposed use of funds
would be consistent with the homeland security plans of all
relevant States;
``(iii) a geographic description of the eligible
metropolitan region, including a list of all local
governments participating in the application;
``(iv) an explanation of how the applicant intends to
expend funds under the grant, to administer such funds, and
to allocate such funds among the participating local
governments;
``(v) if not all of the incorporated municipalities,
counties, parishes, or Indian tribes in a metropolitan region
are participating in the application, or if additional local
governments outside the metropolitan region are
participating, an explanation of why the eligible
metropolitan region, as constituted, is an appropriate unit
to receive grants to prevent, prepare for, and respond to
acts of terrorism and other catastrophic events; and
``(vi) such other information the Secretary may reasonably
require.
``(C) State review and submission.--
``(i) In general.--To ensure consistency with State
homeland security plans, an eligible metropolitan region or a
directly eligible tribe applying for a grant under this
paragraph shall submit its application to each State within
which any part of the eligible metropolitan region or
directly eligible tribe is located for review before
submission of such application to the Secretary.
``(ii) Deadline.--Not later than 30 days after receiving an
application from an eligible metropolitan region or directly
eligible tribe, each such State shall transmit the
application to the Secretary.
``(iii) State disagreement.--If the Governor of any such
State determines that a regional or tribal application is
inconsistent with the State homeland security plan of that
State, or otherwise does not support the application, the
Governor shall--

``(I) notify the Secretary, in writing, of that fact; and
``(II) provide an explanation of the reasons for not
supporting the application at the time of transmission of the
application.

``(e) Homeland Security Plan.--
``(1) In general.--A State applying for a grant under this
section shall have a 3-year State homeland security plan
(referred to in this subsection as the `plan') to respond to
terrorist attacks and other catastrophic events that has been
approved by the Secretary.
``(2) Contents.--The plan shall contain--
``(A) a 3-year strategy to--
``(i) ensure that the funds allocated to local governments
are used exclusively to meet the needs and capabilities
described under paragraph (3)(C);
``(ii) provide for interoperable communications;
``(iii) provide for local coordination of response and
recovery efforts, including procedures for effective incident
command in conformance with the National Incident Management
System;
``(iv) ensure that first responders and other emergency
personnel have adequate training and appropriate equipment
for the threats that may occur;
``(v) provide for improved coordination and collaboration
among law enforcement, fire, and public health authorities at
Federal, State, local, and tribal government levels;
``(vi) coordinate emergency response and public health
plans;
``(vii) mitigate risks to critical infrastructure that may
be vulnerable to terrorist attacks;
``(viii) promote regional coordination among contiguous
local governments;
``(ix) identify necessary protective measures by private
owners of critical infrastructure;
``(x) promote orderly evacuation procedures when necessary;
``(xi) ensure support from the public health community for
measures needed to prevent, detect, and treat bioterrorism,
and radiological and chemical incidents;
``(xii) increase the number of local jurisdictions
participating in local and statewide exercises; and
``(xiii) meet preparedness goals as determined by the
Secretary;
``(B) objective measures for assessing the extent to which
the goals and objectives set forth in paragraph (A) have been
achieved;
``(C) priorities for the allocation of funding to local
governments based on the risk, capabilities, and needs
described under paragraph (3)(C); and
``(D) 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 and of Indian
tribes;
``(ii) emergency response providers; and
``(iii) private sector companies that own or operate
critical infrastructure.
``(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 and consequence assessment;
``(II) threat assessment; and
``(III) public health assessment, in coordination with the
State bioterrorism plan; and

``(ii) capabilities and needs, consistent with the
essential capabilities established by the Secretary,
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.--

``(I) In general.--The Advisory Committee shall include--

``(aa) local officials; and
``(bb) emergency response providers, which shall include
representatives of the fire service, law enforcement,
emergency medical response, and emergency managers.

``(II) Geographic representation.--The members of the
Advisory Committee shall be a representative group of
individuals from

[[Page S8013]]

the counties, cities, towns, and Indian tribes within the
State, including 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); and
``(B) 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 (e)(2)(D),
including any dissenting views submitted by advisory
committee members, to ensure cooperation and coordination
between State and local government jurisdictions in planning
for the use of grant funds under this section.
``(f) Allocation.--
``(1) Sliding scale baseline distribution.--
``(A) States.--Each State whose application is approved
under subsection (d) shall receive, for each fiscal year, the
greater of--
``(i) 0.55 percent of the amounts appropriated for the
Threat-Based Homeland Security Grant Program; or
``(ii) the State's sliding scale baseline allocation of
28.62 percent of the amounts appropriated for the Threat-
Based Homeland Security Grant Program.
``(B) Other entities.--Notwithstanding subparagraph (A)--
``(i) the District of Columbia shall receive for each
fiscal year 0.55 percent of the amounts appropriated for the
Threat-Based Homeland Security Grant Program;
``(ii) the Commonwealth of Puerto Rico shall receive for
each fiscal year 0.35 percent of the amounts appropriated for
the Threat-Based Homeland Security Grant Program;
``(iii) American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands shall each
receive 0.055 percent of the amounts appropriated for the
Threat-Based Homeland Security Grant Program; and
``(iv) no possession of the United States shall receive a
baseline distribution under subparagraph (A).
``(2) Urban area security initiative distribution.--
``(A) Distribution.--After the distribution under paragraph
(1), the Secretary may allocate up to 50 percent of the funds
remaining to provide grants to eligible metropolitan regions
and directly eligible tribes.
``(B) Criteria.--
``(i) In general.--The Secretary shall allocate the grants
under this paragraph to assist eligible metropolitan regions
and directly eligible tribes to achieve essential
capabilities to effectively prevent, prepare for, and respond
to acts of terrorism or other catastrophic events.
``(ii) Prioritization.--In prioritizing among the
applications of eligible metropolitan regions and directly
eligible tribes for such funds, the Secretary shall consider
the relative threat, vulnerability, and consequences faced by
an eligible metropolitan region or directly eligible tribe
from a terrorist attack, including consideration of--

``(I) whether there has been a prior terrorist attack in
the eligible metropolitan region or in the area in which the
directly eligible tribe is located;
``(II) whether any part of the eligible metropolitan region
or the area in which the directly eligible tribe is located
has ever had a higher threat level under the Homeland
Security Advisory System than the threat level for the United
States as a whole;
``(III) the population of the eligible metropolitan region
or directly eligible tribe, except that the Secretary shall
not establish a minimum population requirement that would
disqualify from consideration a locality that otherwise faces
significant threats, vulnerabilities, or consequences from
acts of terrorism;
``(IV) the population density of the eligible metropolitan
region or the area in which the directly eligible tribe is
located;
``(V) the degree of threat, vulnerability, and consequence
to the eligible metropolitan region or directly eligible
tribe related to critical infrastructure or key assets
identified by the Secretary or State homeland security plan,
including threats, vulnerabilities, and consequences from
critical infrastructure in nearby jurisdictions;
``(VI) whether the eligible metropolitan region or the area
in which the directly eligible tribe is located is at or near
an international border;
``(VII) whether the eligible metropolitan region or the
area in which the directly eligible tribe is located has a
coastline bordering ocean or international waters;
``(VIII) threats, vulnerabilities, and consequences faced
by the eligible metropolitan region or directly eligible
tribe related to at-risk sites or activities in nearby
jurisdictions, including the need to respond to terrorist
attacks arising in those jurisdictions;
``(IX) the extent to which the eligible metropolitan region
or directly eligible tribe has unmet essential capabilities;
``(X) the extent to which the application of the eligible
metropolitan region includes all incorporated municipalities,
counties, parishes, and Indian tribes within the relevant
metropolitan region; and
``(XI) such other factors as are specified in writing by
the Secretary.

``(C) Distribution of awards to metropolitan regions.--
``(i) In general.--If the Secretary approves the
application of an eligible metropolitan region for a grant
under this section, the Secretary shall distribute the
regional grant funds to the State or States in which the
eligible metropolitan region is located.
``(ii) State distribution of funds.--Each State shall
provide the eligible metropolitan region not less than 80
percent of the grant funds. Any funds retained by a State
shall be expended on items or services approved by the
Secretary and that benefit the eligible metropolitan region.
``(iii) Multistate regions.--If parts of an eligible
metropolitan region awarded a grant are located in 2 or more
States, the Secretary shall distribute to each such State a
portion of the grant funds in proportion to that State's
share of the population of the eligible metropolitan region,
unless the Governors of each State (or in the case of the
District of Columbia, the Mayor) agree otherwise.
``(D) Directly eligible tribes.--
``(i) In general.--Notwithstanding subsection (a)(2), the
Secretary may award grants to directly eligible tribes under
the Threat-Based Homeland Security Grant Program as part of
the Urban Area Security Initiative Distribution.
``(ii) Tribal applications.--A directly eligible tribe may
apply for a grant under this section by submitting an
application to the Secretary that includes the information
required for an application by an eligible region under
clauses (i), (ii), (iii), (iv), and (vi) of subsection
(d)(2)(B).
``(iii) Distribution of awards to directly eligible
tribes.--If the Secretary approves the application of a
directly eligible tribe for a grant under this section, the
Secretary shall distribute the grant funds directly to the
directly eligible tribe. The funds shall not be distributed
to the State or States in which the directly eligible tribe
is located.
``(iv) Tribal liaison.--A directly eligible tribe applying
for a grant under this section shall designate a specific
individual to serve as the tribal liaison who shall--

``(I) coordinate with Federal, State, local, regional, and
private officials concerning terrorism preparedness;
``(II) develop a process for receiving input from Federal,
State, local, regional, and private officials to assist in
the development of the application of such tribe and to
improve the tribe's access to grants; and
``(III) administer, in consultation with State, local,
regional, and private officials, grants awarded to such
tribe.

``(v) Tribes receiving direct grants.--An Indian tribe that
receives a grant directly under this section is eligible to
receive funds for other purposes under a grant from the State
or States within the boundaries of which any part of such
tribe is located, consistent with the homeland security plan
of the State, as described in subsection (e).
``(E) Rule of construction.--Nothing in this section shall
be construed to affect the existing authority of an Indian
tribe that receives funds under this section.
``(3) Threat-based distribution to states.--
``(A) In general.--After the distribution of funds under
paragraphs (1) and (2), the Secretary shall, from the
remaining funds for the Threat-Based Homeland Security Grant
Program, distribute amounts to each State to assist that
State in achieving essential capabilities to effectively
prevent, prepare for, and respond to acts of terrorism and
other catastrophic events.
``(B) Prioritization.--In prioritizing among State
applications for such funds, the Secretary shall--
``(i) consider the relative threat, vulnerability, and
consequences faced by a State from a terrorist attack,
including consideration of--

``(I) whether there has been a prior terrorist attack in a
metropolitan region that is wholly or partly in the State, or
in the State itself;
``(II) whether any part of the State has ever had a higher
threat level under the Homeland Security Advisory System than
the threat level for the United States as a whole;
``(III) the percent of a State's population residing in
metropolitan statistical areas, as defined by the Office of
Management and Budget;
``(IV) the degree of threat, vulnerability, and consequence
related to critical infrastructure or key assets identified
by the Secretary or State homeland security plan;
``(V) whether the State has an international border;
``(VI) whether the State has a coastline bordering ocean or
international waters;
``(VII) threats, vulnerabilities, and consequences faced by
a State related to at-risk sites or activities in adjacent
States, including the need to respond to terrorist attacks
arising in adjacent States;
``(VIII) the extent to which the State has unmet essential
capabilities; and
``(IX) such other factors as are specified in writing by
the Secretary; and

``(ii) balance the goal of ensuring that the essential
capabilities of the highest-risk areas are achieved quickly
and the goal of ensuring that basic levels of preparedness,
as measured by the attainment of essential capabilities, are
achieved nationwide.
``(C) Multi-state partnerships.--
``(i) In general.--Instead of, or in addition to, any
application for funds under subparagraph (A), 2 or more
States may submit applications under this paragraph for
multi-

[[Page S8014]]

State efforts to prevent, prepare for, or respond to acts of
terrorism or other catastrophic events.
``(ii) Grantees.--Multi-State grants may be awarded to
either--

``(I) an individual State acting on behalf of a consortium
or partnership of States with the consent of all member
States; or
``(II) a group of States applying as a consortium or
partnership.

``(iii) Administration of grant.--If a group of States
apply as a consortium or partnership such States shall submit
to the Secretary at the time of application a plan
describing--

``(I) the division of responsibilities for administering
the grant; and
``(II) the distribution of funding among the various States
and entities that are party to the application.

``(4) Funding for local governments and first responders.--
``(A) In general.--The Secretary shall require recipients
of the sliding scale baseline distribution and the threat-
based distribution to States to make available to local
governments and emergency response providers, consistent with
the applicable State homeland security plan, 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.
``(B) Indian tribes.--States shall be responsible for
allocating Federal resources to tribal communities in order
to help those tribal communities achieve essential
capabilities. Indian tribes shall be eligible for funding
directly from the States, and shall not be required to seek
funding from any local government.
``(C) Exception.--Subparagraph (A) shall not apply to the
District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, the Commonwealth of the Northern Mariana
Islands, Guam, and the Virgin Islands.
``(5) Supplement not supplant.--Amounts appropriated for
grants under this subsection shall be used to supplement and
not supplant other State and local government public funds
obligated for the purposes provided under this title.
``(6) Law enforcement terrorism prevention program.--
``(A) In general.--The Secretary shall designate 25 percent
of the amounts appropriated for the Threat-Based Homeland
Security Grant Program to be used for the Law Enforcement
Terrorism Prevention Program under section 1014 of the USA
PATRIOT ACT (42 U.S.C. 3714) to provide grants to law
enforcement agencies to enhance capabilities for terrorism
prevention.
``(B) Use of funds.--Notwithstanding subsection (b), 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 homeland security
plan approved by the Secretary, including overtime costs
associated with providing enhanced law enforcement operations
in support of Federal agencies for increased border security
and border crossing enforcement; and
``(vii) any other terrorism prevention activity authorized
by the Secretary.
``(g) 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
government funds spent on homeland security activities under
the applicable State homeland security plan;
``(2) information regarding the use of grant funds by the
State and by units of local government as required by the
Secretary; and
``(3) progress of the recipient and subgrantees in
achieving essential capabilities.
``(h) Accountability.--
``(1) Government accountability office access to
information.--Each recipient of a grant under this section
and the Department shall provide the Government
Accountability Office with full access to information
regarding the activities carried out under this section.
``(2) 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.
``(i) 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, or with any regulations
or guidelines of the Department regarding eligible
expenditures, 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 or with applicable guidelines or
regulations of the Department.
``(3) Direct funding.--If a State fails to substantially
comply with any provision of this section or with applicable
guidelines or regulations of the Department, 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.
``(j) Reports to Congress.--The Secretary shall submit an
annual report to Congress that provides--
``(1) the status of preparedness goals and objectives;
``(2) an evaluation of how States and local governments are
making progress in achieving essential capabilities;
``(3) the total amount of resources provided to the States;
``(4) the total amount of resources provided to local
governments and metropolitan regions; and
``(5) an accounting of how these resources were expended.
``(k) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $2,925,000,000 for fiscal year 2006;
``(2) $2,925,000,000 for fiscal year 2007; and
``(3) such sums as are necessary for each fiscal year
thereafter.

``SEC. 1805. ELIMINATING HOMELAND SECURITY FRAUD, WASTE, AND
ABUSE.

``(a) Annual Government Accountability 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; and
``(B) the amount of funding devoted to overtime and
administrative expenses.
``(b) Reviews of Threat-Based Homeland Security Funding.--
The Secretary 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.

``SEC. 1806. FLEXIBILITY IN UNSPENT HOMELAND SECURITY FUNDS.

``(a) Reallocation of Funds.--The Director of the Office
for Domestic Preparedness shall allow any State to request
approval to reallocate funds received pursuant to
appropriations for the State Homeland Security Grant Program
under Public Laws 10509277 (112 Stat. 2681 et seq.), 10609113
(113 Stat. 1501A093 et seq.), 10609553 (114 Stat. 2762A093 et
seq.), 1070977 (115 Stat. 78 et seq.), or the Consolidated
Appropriations Resolution of 2003 (Public Law 108097), 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 homeland security 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 make available 80 percent
of the amount appropriated for equipment to units of local
government.

``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT
AND TRAINING.

``(a) Equipment Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology (including a representative of the
United States Fire Administration) and the Executive Director
of the Office for State and Local Government Coordination and
Preparedness, shall 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 section 1804(c).
``(2) Standards.--Standards under this subsection shall--
``(A) be, to the maximum extent practicable, consistent
with any existing voluntary consensus standards;
``(B) take into account, as appropriate, new types of
terrorism threats that may not have been contemplated when
such existing standards were developed;
``(C) be focused on maximizing interoperability,
interchangeability, durability, flexibility, efficiency,
efficacy, portability, sustainability, and safety; and
``(D) cover all appropriate uses of the equipment.
``(b) Training Standards.--

[[Page S8015]]

``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology (including a representative of the
United States Fire Administration) and the Director of the
Office for Domestic Preparedness, shall support the
development of, promulgate, and regularly update as necessary
national voluntary consensus standards for first responder
training that will enable State and local government first
responders to achieve optimal levels of terrorism
preparedness as quickly as practicable.
``(c) Consultation With Standards Organizations.--In
establishing national voluntary consensus standards for first
responder equipment and training under this section, the
Secretary shall consult with relevant public and private
sector groups, including--
``(1) the National Institute of Standards and Technology;
``(2) the National Fire Protection Association;
``(3) the American National Standards Institute;
``(4) the National Institute of Justice;
``(5) the National Institute for Occupational Safety and
Health; and
``(6) to the extent the Secretary considers appropriate,
other national voluntary consensus standards development
organizations, other interested Federal, State, and local
agencies, and other interested persons.
``(d) Coordination With Secretary of HHS.--In establishing
any national voluntary consensus standards under this section
for first responder equipment or training that involve or
relate to health professionals, including emergency medical
professionals, the Secretary shall coordinate activities
under this section with the Secretary of Health and Human
Services.

``SEC. 1808. CERTIFICATION RELATIVE TO THE SCREENING OF
MUNICIPAL SOLID WASTE TRANSPORTED INTO THE
UNITED STATES.

``(a) Definition.--In this section, the term `municipal
solid waste' includes sludge (as defined in section 1004 of
the Solid Waste Disposal Act (42 U.S.C. 6903)).
``(b) Reports to Congress.--Not later than 90 days after
the date of enactment of this section, the Bureau of Customs
and Border Protection shall submit a report to Congress
that--
``(1) indicates whether the methodologies and technologies
used by the Bureau to screen for and detect the presence of
chemical, nuclear, biological, and radiological weapons in
municipal solid 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; and
``(2) if the methodologies and technologies used to screen
solid waste are less effective than those used to screen
other commercial items, identifies the actions that the
Bureau will take to achieve the same level of effectiveness
in the screening of solid waste, including the need for
additional screening technologies.
``(c) Impact on Commercial Motor Vehicles.--If the Bureau
of Customs and Border Protection fails to fully implement the
actions described in subsection (b)(2) before the earlier of
6 months after the date on which the report is due under
subsection (b) or 6 months after the date on which such
report is submitted, 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 until the Secretary certifies to
Congress that the methodologies and technologies used by the
Bureau 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.''.
(b) Threat-Based Homeland Security Grant Program.--
(1) Fiscal year 2006 administration.--Notwithstanding any
provision of title III of this Act, section 1804 of the
Homeland Security Act of 2002 (as added by this section)
shall apply in the administration of the Threat-Based
Homeland Security Grant Program established under section
1804 of that Act.
(2) Funding.--All funds appropriated under paragraphs (1)
and (2) under the subheading ``state and local programs''
under the heading ``Office of State and Local Government
Coordination and Preparedness'' under title III of this Act
are appropriated for the Threat-Based Homeland Security Grant
Program established under section 1804 of the Homeland
Security Act of 2002 (as added by this section).
(c) Fire Services.--Section 2(6) of the Homeland Security
Act of 2002 (6 U.S.C. 101(6)) is amended by inserting
``(including fire services)'' after ``local emergency public
safety''.
(d) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101 note) is amended by adding at the end the
following:

``TITLE XVIII--ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS AND THREAT-
BASED HOMELAND SECURITY GRANT PROGRAM

``Sec. 1801. Definitions.
``Sec. 1802. Preservation of pre-9/11 grant programs for traditional
first responder missions.
``Sec. 1803. Essential capabilities for first responders.
``Sec. 1804. Threat-Based Homeland Security Grant Program.
``Sec. 1805. Eliminating homeland security fraud, waste, and abuse.
``Sec. 1806. Flexibility in unspent homeland security funds.
``Sec. 1807. National standards for first responder equipment and
training.
``Sec. 1808. Certification relative to the screening of municipal solid
waste transported into the United States.''.

SEC. 605. COMMUNICATION SYSTEM GRANTS.

(a) In General.--
(1) Establishment.--There is established in the Department
of Homeland Security an International Border Community
Interoperable Communications Demonstration Project (referred
to in this section as ``demonstration projects'').
(2) Minimum number of communities.--The Secretary of
Homeland Security shall select no fewer than 6 communities to
participate in a demonstration project.
(3) Location of communities.--No fewer than 3 of the
communities selected under paragraph (2) shall be located on
the northern border of the United States and no fewer than 3
of the communities selected under paragraph (2) shall be
located on the southern border of the United States.
(b) Program Requirements.--The demonstration projects
shall--
(1) address the interoperable communications needs of
police officers, firefighters, emergency medical technicians,
National Guard, and other emergency response providers, as
defined in the Homeland Security Act of 2002;
(2) foster interoperable communications--
(A) among Federal, State, local, and tribal government
agencies in the United States involved in preventing or
responding to terrorist attacks or other catastrophic events;
and
(B) with similar agencies in Canada or Mexico;
(3) identify common international cross-border frequencies
for communications equipment, including radio or computer
messaging equipment;
(4) foster the standardization of interoperable
communications equipment;
(5) identify solutions that will facilitate communications
interoperability across national borders expeditiously;
(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 threats and contingencies in
a variety of environments; and
(8) identify and secure appropriate joint-use equipment to
ensure communications access.
(c) Distribution of Funds.--
(1) In general.--The Secretary of Homeland Security shall
distribute funds under this section to each community
participating in a demonstration project under this section
through the State or States in which each community is
located.
(2) Other participants .--A State receiving funds under
this section shall make the funds available to the local
governments and emergency response providers participating in
a demonstration project selected by the Secretary of Homeland
Security not later than 60 days after receiving funds.
(d) Reporting.--Not later than December 31, 2005, and each
year thereafter in which funds are appropriated for a
demonstration project, the Secretary of Homeland Security
shall provide to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report on
the demonstration projects under this section.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary in each of
fiscal years 2006, 2007, and 2008 to carry out this section.
______