H. Rept. 115-757 - SHIELDING PUBLIC SPACES FROM VEHICULAR TERRORISM ACT115th Congress (2017-2018)
Committee Report
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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-757
======================================================================
SHIELDING PUBLIC SPACES FROM VEHICULAR TERRORISM ACT
_______
June 14, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 4627]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4627) to amend the Homeland Security Act of 2002
to authorize expenditures to combat emerging terrorist threats,
including vehicular attacks, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 4
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Preemption Clarification......................................... 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shielding Public Spaces from Vehicular
Terrorism Act''.
SEC. 2. RESEARCH AND DEVELOPMENT.
The Homeland Security Act of 2002 is amended--
(1) in paragraph (11) of section 302 (6 U.S.C. 182), by
inserting ``research and development to combat emerging
terrorist threats, such as vehicular attacks, and'' before
``the long-term''; and
(2) in subparagraph (B) of section 308(b)(2) (6 U.S.C.
188(b)(2))--
(A) in the matter preceding clause (i), by striking
``expertise in--'' and inserting ``expertise in the
following:'';
(B) by redesignating clause (xiv) as clause (xv); and
(C) by inserting after clause (xiii) the following
new clause:
``(xiv) Combatting emerging terrorist
threats, including vehicular attacks.''.
SEC. 3. ALLOWABLE USES.
Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (11) through (14) as
paragraphs (12) through (15), respectively; and
(B) by inserting after paragraph (10) the following
new paragraph:
``(11) addressing security vulnerabilities of public spaces,
including through the installation of bollards and other target
hardening activities;''; and
(2) in subsection (b)--
(A) in paragraph (3)(B), by striking ``(a)(10)'' and
inserting ``(a)(12)''; and
(B) by adding at the end the folllowing new
paragraph:
``(6) Firearms.--
``(A) In general.--A grant awarded under section 2003
or 2004 may not be used for the provision to any person
of a firearm or training in the use of a firearm.
``(B) No effect on other laws.--Nothing in this
paragraph may be construed to preclude or contradict
any other provision of law authorizing the provision of
firearms or training in the use of firearms.''.
SEC. 4. REPORT.
The Secretary of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report on
emerging automotive technologies that support driverless vehicles and
the threat such vehicles may pose to people in public spaces. Such
report shall also address risks associated with cyber terrorism and
computer-dependent automotive vehicles.
Purpose and Summary
H.R. 4627 amends the Homeland Security Act of 2002 (Pub. L.
107-296) to authorize expenditures to combat emerging terrorist
threats, including vehicular attacks. H.R. 4627 amends the
responsibilities of the Under Secretary of the Department of
Homeland Security's (DHS) Science and Technology Directorate
(S&T;) to include research and development to combat emerging
terrorist threats, such as vehicular attacks. In addition, the
bill permits grants awarded under the State Homeland Security
Grant Program and Urban Area Security Initiative to be used to
address security vulnerabilities of public spaces.
The amendment in the nature of a substitute offered by Rep.
Donovan incorporates language to codify current DHS policy that
grant funding may not be used to purchase firearms or for
training on the use of firearms. This language is similar to an
amendment offered by Rep. Demings to this bill and to language
which passed the House with bipartisan support in the STOP
School Violence Act of 2018 (H.R. 4909).
Background and Need for Legislation
ISIS has been urging supporters to carry out attacks
against Westerners using any means necessary, including the use
of vehicles as a weapon. In September 2014, now deceased ISIS
senior leader, Abu Mohammed Al Adnani, urged these attacks
stating, ``Smash his head with a rock, or slaughter him with a
knife, or run him over with your car, or throw him down from a
high place, or choke him, or poison him.''\1\ To date, there
have been 21 attacks against the West using vehicles as a
weapon, including the October 31st attack by Sayfullo Saipov
who drove a rented truck down a bicycle lane in New York City,
killing eight and wounding 13.\2\
---------------------------------------------------------------------------
\1\Yara Bayoumy, ISIS Urges More Attacks on Western `Disbelievers,'
The Independent. Sept. 22, 2014.
\2\Committee on Homeland Security Terror Threat Snapshot, May 2018.
---------------------------------------------------------------------------
Subcommittee on Emergency Preparedness, Response, and
Communications Chairman Dan Donovan introduced H.R. 4627 on
December 12, 2017 to ensure S&T; is conducting research and
development to combat emerging terrorist threats, such as
vehicle attacks. The bill also ensures state and local grant
recipients can use grant funds to secure public spaces,
including through the installation of bollards and other target
hardening activities. H.R. 4627 has three bipartisan cosponsors
and is supported by the Security Industry Association.
Hearings
The Committee did not hold hearings on H.R. 4627. However,
the changing nature of the terrorist threat and the need for
the U.S. Government to adapt to such emerging threats has been
discussed at a number of Committee hearings in the 115th
Congress, including at the Committee's April 26th hearing,
``Strenthening the Safety and Security of Our Nation: The
President's FY2019 Budget Request for the Department of
Homeland Security'', at which the Secretary of Homeland
Security testified.
Committee Consideration
The Committee met on June 6, 2018, to consider H.R. 4627,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by unanimous consent. The
Committee took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
Donovan (#1); was AGREED TO, as amended, by unanimous consent.
An amendment by Ms. Jackson Lee to the Amendment in the Nature
of a Substitute (#1A); was AGREED TO by unanimous consent.
Add at the end a new section entitled ``Sec. 4. Report.''
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R.4627.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
4627, the Shielding Public Spaces from Vehicular Terrorism Act,
would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 4627 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The goals and objectives of H.R. 4627 are to authorize
expenditures to combat emerging terrorist threats, including
vehicular attacks.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 4627 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 4627 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 4627 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the ``
Shielding Public Spaces from Vehicular Terrorism Act''.
Sec. 2. Research and Development.
This section amends Title III of the Homeland Security Act
of 2002 to include, among the responsibilities of the Under
Secretary for Science and Technology, conducting research and
development to combat emerging terrorist threats, such as
vehicular attacks. The section also includes combatting
emerging terrorist threats among the criteria used to designate
S&T; University Centers of Excellence.
Sec. 3. Allowable Uses.
This section authorizes the use of State Homeland Security
Grant Program and Urban Area Security Initiative funding to
address security vulnerabilities of public spaces, including
through the installation of bollards and other target hardening
activities. Similar activities have been permitted in yearly
grant guidance. This section will codify these activities in
law. In addition, this section includes language to codify
current Department policy that grant funding may not be used to
purchase firearms or for training on the use of firearms.
Sec. 4. Report.
This section requires the Secretary of Homeland Security to
submit a report to the Committee on Homeland Security of the
House of Representatives and Committee on Homeland Security and
Governmental Affairs of the Senate on the cybersecurity threats
to driverless vehicles and the threat such vehicles may pose to
public spaces, including an assessment of the risks associated
with cyber terrorism and computer-dependent vehicles.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER SECRETARY FOR
SCIENCE AND TECHNOLOGY.
The Secretary, acting through the Under Secretary for
Science and Technology, shall have the responsibility for--
(1) advising the Secretary regarding research and
development efforts and priorities in support of the
Department's missions;
(2) developing, in consultation with other
appropriate executive agencies, a national policy and
strategic plan for, identifying priorities, goals,
objectives and policies for, and coordinating the
Federal Government's civilian efforts to identify and
develop countermeasures to chemical, biological,, and
other emerging terrorist threats, including the
development of comprehensive, research-based definable
goals for such efforts and development of annual
measurable objectives and specific targets to
accomplish and evaluate the goals for such efforts;
(3) supporting the Under Secretary for Intelligence
and Analysis and the Assistant Secretary for
Infrastructure Protection, by assessing and testing
homeland security vulnerabilities and possible threats;
(4) conducting basic and applied research,
development, demonstration, testing, and evaluation
activities that are relevant to any or all elements of
the Department, through both intramural and extramural
programs, except that such responsibility does not
extend to human health-related research and development
activities;
(5) establishing priorities for, directing, funding,
and conducting national research, development, test and
evaluation, and procurement of technology and systems
for--
(A) preventing the importation of chemical,
biological,, and related weapons and material;
and
(B) detecting, preventing, protecting
against, and responding to terrorist attacks;
(6) establishing a system for transferring homeland
security developments or technologies to Federal,
State, local government, and private sector entities;
(7) entering into work agreements, joint
sponsorships, contracts, or any other agreements with
the Department of Energy regarding the use of the
national laboratories or sites and support of the
science and technology base at those facilities;
(8) collaborating with the Secretary of Agriculture
and the Attorney General as provided in section 212 of
the Agricultural Bioterrorism Protection Act of 2002 (7
U.S.C. 8401), as amended by section 1709(b);
(9) collaborating with the Secretary of Health and
Human Services and the Attorney General in determining
any new biological agents and toxins that shall be
listed as ``select agents'' in Appendix A of part 72 of
title 42, Code of Federal Regulations, pursuant to
section 351A of the Public Health Service Act (42
U.S.C. 262a);
(10) supporting United States leadership in science
and technology;
(11) establishing and administering the primary
research and development activities of the Department,
including research and development to combat emerging
terrorist threats, such as vehicular attacks, and the
long-term research and development needs and
capabilities for all elements of the Department;
(12) coordinating and integrating all research,
development, demonstration, testing, and evaluation
activities of the Department;
(13) coordinating with other appropriate executive
agencies in developing and carrying out the science and
technology agenda of the Department to reduce
duplication and identify unmet needs; and
(14) developing and overseeing the administration of
guidelines for merit review of research and development
projects throughout the Department, and for the
dissemination of research conducted or sponsored by the
Department.
* * * * * * *
SEC. 308. CONDUCT OF RESEARCH, DEVELOPMENT, DEMONSTRATION, TESTING AND
EVALUATION.
(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall carry out the
responsibilities under section 302(4) through both extramural
and intramural programs.
(b) Extramural Programs.--
(1) In general.--The Secretary, acting through the
Under Secretary for Science and Technology, shall
operate extramural research, development,
demonstration, testing, and evaluation programs so as
to--
(A) ensure that colleges, universities,
private research institutes, and companies (and
consortia thereof) from as many areas of the
United States as practicable participate;
(B) ensure that the research funded is of
high quality, as determined through merit
review processes developed under section
302(14); and
(C) distribute funds through grants,
cooperative agreements, and contracts.
(2) University-based centers for homeland security.--
(A) Designation.--The Secretary, acting
through the Under Secretary for Science and
Technology, shall designate a university-based
center or several university-based centers for
homeland security. The purpose of the center or
these centers shall be to establish a
coordinated, university-based system to enhance
the Nation's homeland security.
(B) Criteria for designation.--Criteria for
the designation of colleges or universities as
a center for homeland security, shall include,
but are not limited to, demonstrated [expertise
in--] expertise in the following:
(i) The training of first responders.
(ii) Responding to incidents
involving weapons of mass destruction
and biological warfare.
(iii) Emergency and diagnostic
medical services.
(iv) Chemical, biological,
radiological, and nuclear
countermeasures or detection.
(v) Animal and plant health and
diagnostics.
(vi) Food safety.
(vii) Water and wastewater
operations.
(viii) Port and waterway security.
(ix) Multi-modal transportation.
(x) Information security and
information engineering.
(xi) Engineering.
(xii) Educational outreach and
technical assistance.
(xiii) Border transportation and
security.
(xiv) Combatting emerging terrorist
threats, including vehicular attacks.
[(xiv)] (xv) The public policy
implications and public dissemination
of homeland security related research
and development.
(C) Discretion of secretary.--To the extent
that exercising such discretion is in the
interest of homeland security, and with respect
to the designation of any given university-
based center for homeland security, the
Secretary may except certain criteria as
specified in section 308(b)(2)(B) and consider
additional criteria beyond those specified in
section 308(b)(2)(B). Upon designation of a
university-based center for homeland security,
the Secretary shall that day publish in the
Federal Register the criteria that were
excepted or added in the selection process and
the justification for the set of criteria that
were used for that designation.
(D) Report to congress.--The Secretary shall
report annually, from the date of enactment, to
Congress concerning the implementation of this
section. That report shall indicate which
center or centers have been designated and how
the designation or designations enhance
homeland security, as well as report any
decisions to revoke or modify such
designations.
(E) Authorization of appropriations.--There
are authorized to be appropriated such sums as
may be necessary to carry out this paragraph.
(c) Intramural Programs.--
(1) Consultation.--In carrying out the duties under
section 302, the Secretary, acting through the Under
Secretary for Science and Technology, may draw upon the
expertise of any laboratory of the Federal Government,
whether operated by a contractor or the Government.
(2) Laboratories.--The Secretary, acting through the
Under Secretary for Science and Technology, may
establish a headquarters laboratory for the Department
at any laboratory or site and may establish additional
laboratory units at other laboratories or sites.
(3) Criteria for headquarters laboratory.--If the
Secretary chooses to establish a headquarters
laboratory pursuant to paragraph (2), then the
Secretary shall do the following:
(A) Establish criteria for the selection of
the headquarters laboratory in consultation
with the National Academy of Sciences,
appropriate Federal agencies, and other
experts.
(B) Publish the criteria in the Federal
Register.
(C) Evaluate all appropriate laboratories or
sites against the criteria.
(D) Select a laboratory or site on the basis
of the criteria.
(E) Report to the appropriate congressional
committees on which laboratory was selected,
how the selected laboratory meets the published
criteria, and what duties the headquarters
laboratory shall perform.
(4) Limitation on operation of laboratories.--No
laboratory shall begin operating as the headquarters
laboratory of the Department until at least 30 days
after the transmittal of the report required by
paragraph (3)(E).
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to States and High-Risk Urban Areas
* * * * * * *
SEC. 2008. USE OF FUNDS.
(a) Permitted Uses.--The Administrator shall permit the
recipient of a grant under section 2003 or 2004 to use grant
funds to achieve target capabilities related to preventing,
preparing for, protecting against, and responding to acts of
terrorism, consistent with a State homeland security plan and
relevant local, tribal, and regional homeland security plans,
including by working in conjunction with a National Laboratory
(as defined in section 2(3) of the Energy Policy Act of 2005
(42 U.S.C. 15801(3))), through--
(1) developing and enhancing homeland security,
emergency management, or other relevant plans,
assessments, or mutual aid agreements;
(2) designing, conducting, and evaluating training
and exercises, including training and exercises
conducted under section 512 of this Act and section 648
of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 748);
(3) protecting a system or asset included on the
prioritized critical infrastructure list established
under section 210E(a)(2);
(4) purchasing, upgrading, storing, or maintaining
equipment, including computer hardware and software;
(5) ensuring operability and achieving
interoperability of emergency communications;
(6) responding to an increase in the threat level
under the Homeland Security Advisory System, or to the
needs resulting from a National Special Security Event;
(7) establishing, enhancing, and staffing with
appropriately qualified personnel State, local, and
regional fusion centers that comply with the guidelines
established under section 210A(i);
(8) enhancing school preparedness;
(9) enhancing the security and preparedness of secure
and nonsecure areas of eligible airports and surface
transportation systems;
(10) supporting public safety answering points;
(11) addressing security vulnerabilities of public
spaces, including through the installation of bollards
and other target hardening activities;
[(11)] (12) paying salaries and benefits for
personnel, including individuals employed by the grant
recipient on the date of the relevant grant
application, to serve as qualified intelligence
analysts, regardless of whether such analysts are
current or new full-time employees or contract
employees;
[(12)] (13) paying expenses directly related to
administration of the grant, except that such expenses
may not exceed 3 percent of the amount of the grant;
[(13)] (14) any activity permitted under the Fiscal
Year 2007 Program Guidance of the Department for the
State Homeland Security Grant Program, the Urban Area
Security Initiative (including activities permitted
under the full-time counterterrorism staffing pilot),
or the Law Enforcement Terrorism Prevention Program;
and
[(14)] (15) any other appropriate activity, as
determined by the Administrator.
(b) Limitations on Use of Funds.--
(1) In general.--Funds provided under section 2003 or
2004 may not be used--
(A) to supplant State or local funds, except
that nothing in this paragraph shall prohibit
the use of grant funds provided to a State or
high-risk urban area for otherwise permissible
uses under subsection (a) on the basis that a
State or high-risk urban area has previously
used State or local funds to support the same
or similar uses; or
(B) for any State or local government cost-
sharing contribution.
(2) Personnel.--
(A) In general.--Not more than 50 percent of
the amount awarded to a grant recipient under
section 2003 or 2004 in any fiscal year may be
used to pay for personnel, including overtime
and backfill costs, in support of the permitted
uses under subsection (a).
(B) Waiver.--At the request of the recipient
of a grant under section 2003 or 2004, the
Administrator may grant a waiver of the
limitation under subparagraph (A).
(3) Limitations on discretion.--
(A) In general.--With respect to the use of
amounts awarded to a grant recipient under
section 2003 or 2004 for personnel costs in
accordance with paragraph (2) of this
subsection, the Administrator may not--
(i) impose a limit on the amount of
the award that may be used to pay for
personnel, or personnel-related, costs
that is higher or lower than the
percent limit imposed in paragraph
(2)(A); or
(ii) impose any additional limitation
on the portion of the funds of a
recipient that may be used for a
specific type, purpose, or category of
personnel, or personnel-related, costs.
(B) Analysts.--If amounts awarded to a grant
recipient under section 2003 or 2004 are used
for paying salary or benefits of a qualified
intelligence analyst under subsection [(a)(10)]
(a)(12), the Administrator shall make such
amounts available without time limitations
placed on the period of time that the analyst
can serve under the grant.
(4) Construction.--
(A) In general.--A grant awarded under
section 2003 or 2004 may not be used to acquire
land or to construct buildings or other
physical facilities.
(B) Exceptions.--
(i) In general.--Notwithstanding
subparagraph (A), nothing in this
paragraph shall prohibit the use of a
grant awarded under section 2003 or
2004 to achieve target capabilities
related to preventing, preparing for,
protecting against, or responding to
acts of terrorism, including through
the alteration or remodeling of
existing buildings for the purpose of
making such buildings secure against
acts of terrorism.
(ii) Requirements for exception.--No
grant awarded under section 2003 or
2004 may be used for a purpose
described in clause (i) unless--
(I) specifically approved by
the Administrator;
(II) any construction work
occurs under terms and
conditions consistent with the
requirements under section
611(j)(9) of the Robert T.
Stafford Disaster Relief and
Emergency Assistance Act (42
U.S.C. 5196(j)(9)); and
(III) the amount allocated
for purposes under clause (i)
does not exceed the greater of
$1,000,000 or 15 percent of the
grant award.
(5) Recreation.--Grants awarded under this subtitle
may not be used for recreational or social purposes.
(6) Firearms.--
(A) In general.--A grant awarded under
section 2003 or 2004 may not be used for the
provision to any person of a firearm or
training in the use of a firearm.
(B) No effect on other laws.--Nothing in this
paragraph may be construed to preclude or
contradict any other provision of law
authorizing the provision of firearms or
training in the use of firearms.
(c) Multiple-Purpose Funds.--Nothing in this subtitle shall
be construed to prohibit State, local, or tribal governments
from using grant funds under sections 2003 and 2004 in a manner
that enhances preparedness for disasters unrelated to acts of
terrorism, if such use assists such governments in achieving
target capabilities related to preventing, preparing for,
protecting against, or responding to acts of terrorism.
(d) Reimbursement of Costs.--
(1) Paid-on-call or volunteer reimbursement.--In
addition to the activities described in subsection (a),
a grant under section 2003 or 2004 may be used to
provide a reasonable stipend to paid-on-call or
volunteer emergency response providers who are not
otherwise compensated for travel to or participation in
training or exercises related to the purposes of this
subtitle. Any such reimbursement shall not be
considered compensation for purposes of rendering an
emergency response provider an employee under the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
(2) Performance of federal duty.--An applicant for a
grant under section 2003 or 2004 may petition the
Administrator to use the funds from its grants under
those sections for the reimbursement of the cost of any
activity relating to preventing, preparing for,
protecting against, or responding to acts of terrorism
that is a Federal duty and usually performed by a
Federal agency, and that is being performed by a State
or local government under agreement with a Federal
agency.
(e) Flexibility in Unspent Homeland Security Grant Funds.--
Upon request by the recipient of a grant under section 2003 or
2004, the Administrator may authorize the grant recipient to
transfer all or part of the grant funds from uses specified in
the grant agreement to other uses authorized under this
section, if the Administrator determines that such transfer is
in the interests of homeland security.
(f) Equipment Standards.--If an applicant for a grant under
section 2003 or 2004 proposes to upgrade or purchase, with
assistance provided under that grant, new equipment or systems
that do not meet or exceed any applicable national voluntary
consensus standards developed under section 647 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747),
the applicant shall include in its 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.
* * * * * * *
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