Homeland Security Grant Enhancement Act of 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4333 Introduced in House (IH)]

108th CONGRESS
2d Session
H. R. 4333

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

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 11, 2004

Ms. Hooley of Oregon (for herself, Mr. Stenholm, Mr. Case, Mr. Emanuel,
Mr. Grijalva, Mr. Farr, Mr. Hoeffel, Mr. McIntyre, Mr. DeFazio, Mr.
Sandlin, Mr. Towns, and Ms. Lee) introduced the following bill; which
was referred to the Select Committee on Homeland Security, and in
addition to the Committees on Transportation and Infrastructure,
Judiciary, Energy and Commerce, and Science, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned

_______________________________________________________________________

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 2004''.

SEC. 2. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE HOMELAND
SECURITY GRANT PROGRAMS.

(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 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.--There is established an Interagency Committee
to Coordinate and Streamline Homeland Security Grant Programs (in this
subtitle referred to as the `Interagency Committee'), which shall--
``(1) report all findings to the Information Clearinghouse
established under section 801(c);
``(2) consult with State and local governments and
emergency response providers regarding their homeland security
needs and capabilities;
``(3) advise the Secretary on the development of
performance measures for homeland security grant programs and
the national strategy for homeland security;
``(4) not later than 60 days after the effective date of
the Homeland Security Grant Enhancement Act of 2004--
``(A) compile a list of homeland security
assistance programs and their reporting requirements,
including--
``(i) those administered by the Office for
Domestic Preparedness, such as--
``(I) the State Homeland Security
Grant Program;
``(II) high threat urban area
grants;
``(III) critical infrastructure
security grants;
``(IV) research and development
grant programs;
``(V) training and technical
assistance grants; and
``(VI) other discretionary or and
assistance grant programs;
``(ii) Federal Emergency Management Agency
assistance programs, such as--
``(I) the Assistance to
Firefighters Grant Program;
``(II) Citizen Corps;
``(III) grants for emergency
operations centers;
``(IV) interoperable communications
grants;
``(V) Urban Search and Rescue task
forces; and
``(VI) other Federal Emergency
Management Agency assistance programs,
except those grants intended to
reimburse States, localities, and other
applicants for costs resulting from
disasters or emergencies declared under
to the Disaster Relief Act of 1974 (42
U.S.C. 5121 et seq.);
``(iii) Transportation Security
Administration assistance programs, such as
port security grants;
``(iv) Department of Justice assistance
programs, such as--
``(I) the Local Law Enforcement
Block Grant;
``(II) the Byrne Memorial Formula
Grant Program; and
``(III) the Community Oriented
Policing Services program;
``(v) Department of Health and Human
Services assistance programs, such as--
``(I) the Public Health
Bioterrorism Preparedness program,
administered by the Centers for Disease
Control and Prevention; and
``(II) the Hospital Bioterrorism
Program, administered by the Health
Resources and Services Administration;
``(vi) related Federal assistance programs,
such as--
``(I) the Hazardous Materials
Emergency Preparedness Program of the
Department of Transportation; and
``(II) the water security
assistance programs administered by the
Environmental Protection Agency; and
``(vii) any related grant or assistance
program, as determined by the Interagency
Committee; and
``(B) identify all homeland security planning
requirements contained in homeland security emergency
preparedness, and public safety programs administered
by Federal agencies, including--
``(i) terrorism preparedness plans, such as
those required by the Office for Domestic
Preparedness and other entities within the
Department;
``(ii) all hazards emergency preparedness
plans, such as those required in the Emergency
Management Performance Grants administered by
the Federal Emergency Management Agency;
``(iii) bioterrorism response plans, such
as those required in bioterrorism preparedness
programs administered by the Department of
Health and Human Services;
``(iv) hazardous materials response plans,
such as those required by the Environmental
Protection Agency and the Department of
Transportation;
``(v) critical infrastructure security
plans, such as those required by--
``(I) the Transportation Security
Administration;
``(II) the Environmental Protection
Agency;
``(III) the Department of
Transportation; and
``(IV) the Nuclear Regulatory
Commission;
``(vi) law enforcement and public safety
plans administered by the Department of
Justice, such as those required by--
``(I) the Local Law Enforcement
Block Grant;
``(II) the Byrne Memorial Formula
Grant Program; and
``(III) the Community Oriented
Policing Services program; and
``(vii) any other planning requirement
identified by the Interagency Committee;
``(5) not later than 120 days after the effective date of
the Homeland Security Grant Enhancement Act of 2004, review--
``(A) all application, reporting, and other
administrative requirements contained in grant programs
under paragraph (4)(A) and report all redundant and
duplicative requirements to the appropriate committees
of Congress and the agencies represented in the
Interagency Committee; and
``(B) all homeland security planning and other
administrative requirements under paragraph (4)(B) and
report all redundant and duplicative requirements to
the appropriate committees of Congress and the agencies
represented in the Interagency committee;
``(6) not later than 150 days after the effective date of
the Homeland Security Grant Enhancement Act of 2004, provide
recommendations to--
``(A) the agencies with the requirements identified
under paragraph (4)(A) to streamline and standardize
application, reporting, and administrative requirements
to eliminate duplication and promote coordination of
homeland security planning grants; and
``(B) the agencies involved with the grant programs
under paragraph (4)(B) to streamline and standardize
planning requirements to eliminate duplication and
promote coordination; and
``(7) not later than 250 days after the effective date of
the Homeland Security Grant Enhancement Act of 2004, issue a
report to Congress regarding its actions under this subsection.
``(b) Membership.--The Interagency Committee shall be composed of a
representative of--
``(1) the Department of Homeland Security;
``(2) the Department of Health and Human Services;
``(3) the Department of Transportation;
``(4) the Department of Justice;
``(5) the Environmental Protection Agency; and
``(6) any other department or agency determined to be
necessary by the President.
``(c) 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.
``(d) Chairperson.--The Secretary shall designate a chairperson of
the Interagency Committee.
``(e) Meetings.--The Interagency Committee shall meet--
``(1) at the call of the Secretary; or
``(2) not less frequently than once every 1 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. 3. STREAMLINING FEDERAL HOMELAND SECURITY GRANTS.

(a) Director of State and Local Government Coordination.--Section
801 of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended--
(1) by amending subsection (a) 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, which shall oversee and coordinate departmental
programs for, and relationships with, State and local
governments.
``(2) Director.--The Office established under paragraph (1)
shall be headed by the Director of State and Local Government
Coordination, who shall be appointed by the President, by and
with the advice and consent of the Senate.'';
(2) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) administering the firefighter assistance grant
program established under section 33 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229) by--
``(A) coordinating grant making activities with--
``(i) emergency preparedness and response
personnel;
``(ii) grants made under section 4 of the
Homeland Security Grant Enhancement Act of
2004; and
``(iii) grants made under other Federal
programs to enhance emergency preparedness;
``(B) awarding grants on a competitive basis
directly to fire departments of a State, in
consultation with the chief executive of the State, for
the purpose of protecting the health and safety of the
public and firefighting personnel against fire and
fire-related hazards;
``(C) complying with the administrative
requirements set forth in section 33 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C.
2229) and retaining the administrative requirements set
forth under part 152 of title 44, Code of Federal
Regulations; and
``(D) ensuring that all equipment purchased with
grant funds for which there are voluntary consensus
standards meet such standards.''; and
(3) by adding at the end the following:
``(c) Reference.--All references to `Director' in section 33 of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) shall
be deemed to refer to the Director for State and Local Government
Coordination.''.
(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 2;
(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'';
(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 Director
of State and Local Government Coordination.''; and
(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;
(ii) in paragraph (8)--
(I) by inserting ``carrying out''
before ``those elements''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(9) managing the Homeland Security Information
Clearinghouse established under section 801(c).''.
(c) Technical and Conforming Amendment.--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; and
(2) by inserting after the item relating to section 802, as
added by this Act, the following:

``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. 101 et seq.)
is 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 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 and maintain a web site, a toll-free
number, and a single publication containing information
regarding the homeland security grant programs identified under
section 802(a)(4)(A).
``(3) Technical assistance.--The Clearinghouse, in
consultation with the Interagency Committee established under
section 802, shall--
``(A) coordinate technical assistance provided by
any Federal agency to States and local governments to
conduct threat analyses and vulnerability assessments;
and
``(B) establish 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)(A), 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. 4. HOMELAND SECURITY GRANT PROGRAM.

(a) Definition.--In this section, the term ``State'' has the
meaning given that term in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101 et seq.).
(b) Grants Authorized.--The Secretary of Homeland Security (in this
section referred to as the ``Secretary'') may award grants to States to
enhance homeland security.
(c) Use of Funds.--
(1) In general.--Grants awarded under subsection (b)--
(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 (b)
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 in coordination with the
requirements under section 201 of the Disaster Relief
Act of 1974 (42 U.S.C 5131), 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) build and sustain comprehensive all-hazards
emergency management capacity, such as planning,
training, exercises, personnel, operational activities,
equipment, early warning, public information and
education, mutual aid, and other preparedness,
response, and recovery activities;
(C) develop State, regional, or local mutual aid
agreements;
(D) purchase or upgrade equipment based on State
and local needs as identified under a State homeland
security plan;
(E) conduct exercises to strengthen emergency
preparedness of State and local first responders
including law enforcement, fire fighting personnel, and
emergency medical service workers, and other emergency
responders identified in a State homeland security
plan;
(F) pay for overtime expenses relating to training
activities consistent with the goals outlined in a
State homeland security plan; and
(G) 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.
(3) Prohibited uses.--
(A) Construction.--Grants awarded under subsection
(b) may not be used to construct buildings or other
physical facilities, except those described in section
611 of the Disaster Relief Act of 1974 (42 U.S.C.
5196), or to acquire land.
(B) Compensation.--Not more than 5 percent of grant
funds provided under this section may be expended for
the compensation of emergency planning personnel
authorized under paragraph (2)(B). The amount of any
such grant expended for the compensation of personnel
shall not exceed the amount of State or local
government funds made available to increase such
compensation.
(C) Overtime expenses.--Not more than 5 percent of
grant funds provided under this section may be used for
overtime expenses for training carried out under
paragraph (2)(F).
(D) 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.
(d) 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 (e) 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 (e).
(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.
(e) Homeland Security Plan.--
(1) In general.--An application submitted under subsection
(d) 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
allow input from local stakeholders, including--
(i) local officials;
(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.
(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 (h)(1), or the national performance
standards under subsection (h)(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 (e)(2)(N) to
ensure cooperation and coordination between local and State
jurisdictions in planning the use of grant funds under this
section.
(f) Discretionary Grant Program.--
(1) In general.--The Secretary shall use 10 percent of the
funds appropriated under this section to make discretionary
grants to local governments that the Secretary considers to be
high threat areas based upon the criteria under paragraph (2).
(2) High threat area criteria.--The Secretary shall ensure
that an award of a grant under this subsection is based upon
the consideration of the local government's--
(A) population and population density;
(B) location, risk, or vulnerability of critical
infrastructure or key national assets; and
(C) any other factors determined by the Secretary.
(3) Consistency.--Any grant awarded under this subsection
shall be used to supplement and support, in a consistent and
coordinated manner with, those activities and objectives
described under subsection (b) or a State homeland security
plan.
(4) Coordination.--The Secretary shall ensure that any
grants made under this subsection encourage multiple contiguous
units of local government and mutual aid partners to coordinate
any homeland security activities.
(g) Funding.--
(1) In general.--The Secretary shall make awards of grant
funds in accordance with paragraphs (2) through (7).
(2) Maintaining a baseline level of security.--Each State
whose application is approved under subsection (c), including
the District of Columbia and the Commonwealth of Puerto Rico
shall receive .75 percent of the total amount appropriated in
any fiscal year. The United States Territories (including
American Samoa, the Commonwealth of Northern Mariana Islands,
Guam, and the United States Virgin Islands) shall receive .25
percent of the total amount appropriated in any fiscal year.
(3) Assessment.--The Secretary shall distribute any
remaining available grant funds, after distribution of funds
for grants under subsections (d) and (f), based on--
(A) population and population density;
(B) threat, risk, and vulnerability of critical
infrastructure or key national assets identified in the
State homeland security plan; and
(C) any other factors identified by the Secretary.
(4) Funding for local entities and first responders.--The
Secretary shall require grant recipients to provide local
governments, first responders, and other local groups,
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 funds under this
section.
(5) State and local match.--
(A) In general.--The Secretary shall require a
recipient of a grant under this section to make
available non-Federal contributions in an amount equal
to 25 percent of the Federal funds provided under the
grant.
(B) Effective date.--The matching requirement under
subparagraph (A) shall take effect 2 years after the
date of enactment of this Act.
(6) Report on homeland security spending.--Each recipient
of a grant under this section shall annually submit a report to
the Secretary that contains--
(A) an accounting of the amount of State and local
funds spent on homeland security activities under the
applicable State homeland security plan; and
(B) information regarding the use of grant funds by
units of local government as required by the Secretary.
(7) Supplement not supplant.--Amounts appropriated for
grants under this section shall be used to supplement and not
supplant other State and local public funds obligated for the
purposes provided under this Act.
(h) 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 (e)(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 (e)(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 $300,000 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, 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.
(j) Reports to Congress.--The Secretary shall submit an annual
report to Congress that provides--
(1) findings relating to the performance standards
established under subsection (h);
(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.
(k) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.

SEC. 5. 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 of Homeland
Security 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.
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