Sec. 3. Use of Department of Homeland Security preparedness grant funds
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In this section— the term Agency means the Federal Emergency Management Agency; and the term preparedness grant program includes— the Urban Area Security Initiative authorized under section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 604 ); the State Homeland Security Grant Program authorized under section 2004 of the Homeland Security Act of 2002 ( 6 U.S.C. 605 ); the Port Security Grant Program authorized under section 70107 of title 46, United States Code; and any other non-disaster preparedness grant program of the Agency.
The Agency may not permit awards under a preparedness grant program— to be used to buy, maintain, or alter— tactical law enforcement protective equipment, including— ballistic helmets; ballistic shields; battle dress uniforms, coveralls, and jumpsuits worn during tactical operations, boots, or other specialized tactical clothing or footwear; and tactical protective padding; explosive entry equipment; portable or transportable explosive magazines; head and face protection equipment, other than those to be used by certified bomb technicians; robot and remotely piloted vehicles, including upgrades, attachments or tools for robots and remotely piloted vehicles; canines (other than bomb-sniffing canines for agencies with certified bomb technicians); tactical or armored vehicles; law enforcement surveillance equipment; long range hailing and warning devices; or tactical entry equipment; or to be used for, or to deploy or obtain training in the use or deployment of— robots and remotely piloted vehicles; canines (other than bomb-sniffing canines for agencies with certified bomb technicians); explosive entry equipment; law enforcement surveillance equipment; or tactical operations.
In making an award under a preparedness grant program, the Agency shall— determine whether the awardee has already received, and still retains, property from the Department of Defense pursuant to section 2576a of title 10, United States Code, including through review of the website maintained by the Defense Logistics Agency pursuant to subsection
(h)of such section (as added by section 2(a)(1) of this Act); and require that the award may not be used by the awardee to procure or obtain property determined to be retained by the awardee pursuant to paragraph (1). Notwithstanding any other provision of law, the use of funds by a State or local agency to return to the Department of Defense property transferred to such State or local agency pursuant to section 2676a of title 10, United States Code, as such return is required by section 2(b) of this Act, shall be an allowable use of preparedness grant program funds by such agency.
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