Sec. 3. Use of Department of Homeland Security preparedness grant funds
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/bill/114/s/1441/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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— explosive entry equipment; head and face protection equipment, other than those to be used by certified bomb technicians; canines (other than bomb-sniffing canines for agencies with certified bomb technicians or for use in search and rescue operations); tactical or armored vehicles; long range hailing and warning devices; tactical entry equipment (other than for use by specialized teams such as Accredited Bomb Squads, Tactical Entry, or Special Weapons and Tactics
(SWAT)Teams); or firearms of .50 caliber or higher, ammunition of .50 caliber or higher, grenade launchers, flash grenades, or bayonets; to be used to buy, maintain, or alter body armor or ballistic helmets and shields unless the grantee certifies to the Agency that the equipment will not be used for riot suppression. 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); 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); and require that the award only be used to procure or obtain property in accordance with use restrictions contained within the Agency’s State and Local Preparedness Grant Programs’ Authorized Equipment List. 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. Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit covering the period of fiscal year 2010 through the current fiscal year on the use of preparedness grant program funds. The audit shall assess how funds have been used to procure equipment, how the equipment has been used, and whether the grant awards have furthered the Agency’s goal of improving the preparedness of State and local communities. Not later than one year after the date of the enactment of this Act, the Agency shall develop and implement a system of accounting on an annual basis how preparedness grant program funds have been used to procure equipment, how the equipment has been used, whether grantees have complied with restrictions on the use of equipment contained with the Authorized Equipment List, and whether the awards have furthered the Agency’s goal of enhancing the capabilities of State agencies to prevent, deter, respond to, and recover from terrorist attacks, major disasters, and other emergencies.
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