Public Law 110-329, Division D

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9

u.s. GOVERNMENT
INFORMATION

CPO

PUBLIC LAW 1l0-329-SEPT. 30, 2008

CONSOLIDATED SECURITY, DISASTER

ASSISTANCE, AND CONTINUING

APPROPRIATIONS ACT, 2009

122 STAT. 3670

PUBLIC LAW 1l0-329-SEPT. 30, 2008

tests of the air exit solution, which shall be reviewed by the Govern­
ment Accountability Office, and which shall test at least two sce­
narios: (a) where the airlines collect and transmit biometric exit
data as proposed in the notice of proposed rulemaking and (b)
where U.S. Customs and Border Protection collects such information
at the departure gates.
OFFICE OF HEALTH AFFAJRS

For necessary expenses of the Office of Health Affairs,
$157,191,000, of which $29,210,000 is for salaries and expenses;
and of which $127,981,000 is to remain available until September
30, 2010, for biosurveillance, BioWatch, medical readiness planning,
chemical response, and other activities: Provided, That not to exceed
$3,000 shall be for official reception and representation expenses.
FEDERAL EMERGENCY MANAGEMENT AGENCY
MANAGEMENT AND ADMINISTRATION

Federal budget.

Certification.
Reports.

West Virginia.
Pennsylvania.
Disaster
evacuation.

For necessary expenses for management and administration
of the Federal Emergency Management Agency, $837,437,000,
including activities authorized by the National Flood Insurance
Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701
et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of
1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978
(5 U.S.C. App.), the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.), and the Post-Katrina Emergency Manag ment Reform
Act of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That
not to exceed $3,000 shall be for official reception and representation
expenses: Provided further, That the President's budget submitted
under section 1l05(a) of title 31, United States Code, shall be
detailed by office for the Federal Emergency Management Agency:
Provided further, That $10,000,000 shall not be availahle for obliga­
tion until the Secretary of Homeland Security, in coordination with
the Administrator of the Federal Emergency Management Agency,
certifies and reports to the Committees on Appropriations of the
Senate and the House of Representatives that processes to incor­
porate stakeholder input for grant guidance development and award
distribution have been: (1) developed to ensure transparency and
increased consultation about security needs for all-haz rds; (2) for­
malized and made clear to stakeholders; and (3) formalized to
ensure future use for each fiscal year: Provided further, That of
the total amount made available under this heading, $5,000,000
shall be for the development of tools and systems to measure
the achievement and effectiveness of first responder gra t programs:
Provided further, That of the total amount made av ilable under
this heading, $32,500,000 shall be for the Urban Search and Rescue
Response System, of which not to exceed $1,600,000 may be made
available for administrative costs; $2,200,000 shall be for the Pacific
Region Homeland Security Center, Honolulu, Hawaii, $5,000,000
shall be for the State of North Carolina, and $2,425,000 shall
be for the Commonwealth of Kentucky, as detailed in the statement
accompanying this Act; and $6,342,000 shall be for the Office of
National Capital Region Coordination: Provided further, That for

PUBLIC LAW 1l0-329-SEPT. 30, 2008

122 STAT. 3671

purposes of planning, coordination, execution, and decision-making
related to mass evacuation during a disaster, the Governors of
the State of West Virginia and the Commonwealth of Pennsylvania,
or their designees, shall be incorporated into efforts to integrate
the activities of Federal, State, and local governments in the
National Capital Region, as defined in section 882 of Public Law
107-296, the Homeland Security Act of 2002.
STATE AND LOCAL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

For grants, contracts, cooperative agreements, and other activi­
ties, $3,105,700,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security
Act of 2002 (6 U.S.C. 605): Provided, That of the amount
provided by this paragraph, $60,000,000 shall be for Operation
Stonegarden: Provided further, That notwithstanding sub­
section (c)(4) of such section 2004, for fiscal year 2009, the
Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Common­
wealth of Puerto Rico under this paragraph in accordance with
subsection (c)(l) of such section 2004.
(2) $837,500,000 shall be for the Urban Area Security Ini­
tiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604), of which, notwithstanding subsection (c)(l)
of such section, $15,000,000 shall be for grants to organizations
(as described under section 50l(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax section 501(a) of such
code) determined by the Secretary of Homeland Security to
be at high risk of a terrorist attack.
(3) $35,000,000 shall be for Regional Catastrophic
Preparedness Grants.
(4) $41,000,000 shall be for the Metropolitan Medical
Response System under section 635 of the Post-Katrina Emer­
gency Management Reform Act of2006 (6 U.S.C. 723).
(5) $15,000,000 shall be for the Citizen Corps Program.
(6) $400,000,000 shall be for Public Transportation Security
Assistance and Railroad Security Assistance under sections
1406 and 1513 of the Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C.
1135 and 1163), of which not less than $25,000,000 shall be
for Amtrak security: Provided, That there shall be no cost
share requirement for funds made available under this para­
graph and made available for these same purposes in Public
Law 110-161: Provided further, That such public transportation
security assistance shall be provided directly to public transpor­
tation agencies.
(7) $400,000,000 shall be for Port Security Grants in accord­
ance with 46 U.S.C. 70107.
(8) $12,000,000 shall be for Over-the-Road Bus Security
Assistance under section 1532 of the Implementing Rec­
ommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53; 6 U.S.C. 1182).
(9) $8,000,000 shall be for Trucking Industry Security
Grants.

122 STAT. 3672

Expenditure
plan.
Deadline.

Grants.
Deadlines.

Grants.
Deadlines.

Reports.

PUBLIC LAW 1l0-329-SEPT. 30, 2008

(10) $50,000,000 shall be for Buffer Zone Protection Pro­
gram Grants.
(11) $8,000,000 shall be for the Commercial Equipment
Direct Assistance Program.
(12) $50,000,000 shall be for the Interoperable Emergency
Communications Grant Program under section 1809 of the
Homeland Security Act of 2002 (6 U.S.C. 579).
(13) $35,000,000 shall remain available until expended,
for grants for Emergency Operations Centers under section
614 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c), as detailed in the statement
accompanying this Act.
(14) $264,200,000 shall be for training, exercises, technical
assistance, and other programs, of which­
(A) $164,500,000 is for purposes of traini g in accord­
ance with section 1204 of the Implementing ecommenda­
tions of the 9/11 Commission Act of 2007 (6 U.S.C. 1102),
of which $62,500,000 shall be for the Center for Domestic
Preparedness; $23,000,000 shall be for the National Ener­
getic Materials Research and Testing Cente , New Mexico
Institute of Mining and Technology; $23,000,000 shall be
for the National Center for Biomedical Research and
Training, Louisiana State University; $23,000,000 shall be
for the National Emergency Response and Rescue Training
Center, Texas A&M University; $23,000,00 shall be for
the National Exercise, Test, and Training Ce tel', Nevada
Test Site; $5,000,000 shall be for the Transportation Tech­
nology Center, Incorporated, in Pueblo,
olorado; and
$5,000,000 shall be for the National Disaster Preparedness
Training Center, University of Hawaii, Honolulu, Hawaii;
and
(B) $1,700,000 for the Center for Counterterrorism and
Cyber Crime, Norwich University, Northfield, Vermont:
Provided, That not to exceed 3 percent of the amounts provided
under this heading may be transferred to the Federal Emergency
Management Agency "Management and Administration" account
for program administration, and an expenditure plan for program
administration shall be provided to the Committees 0 Appropria­
tions of the Senate and the House of Representati es within 60
days of the date of enactment of this Act: Provided further, That
for grants under paragraphs (1) through (5), the applications for
grants shall be made available to eligible applicants n t later than
25 days after the date of enactment of this Act, that eligible
applicants shall submit applications not later than 90 days after
the grant announcement, and that the Administrator of the Federal
Emergency Management Agency shall act within 90 days after
receipt of an application: Provided further, That for grants under
paragraphs (6) through (10) and (12), the applications for grants
shall be made available to eligible applicants not later than 30
days after the date of enactment of this Act, that eligible applicants
shall submit applications within 45 days after the grant announce­
ment, and that the Federal Emergency Management Agency shall
act not later than 60 days after receipt of an application: Provided
further, That for grants under paragraphs (1) and (2), the installa­
tion of communications towers is not considered construction of
a building or other physical facility: Provided further, That grantees
shall provide reports on their use of funds, as determined necessary

PUBLIC LAW 1l0-329-SEPT. 30, 2008

122 STAT. 3673

by the Secretary: Provided further, That (a) the Center for Domestic
Preparedness may provide training to emergency response providers
from the Federal Government, foreign governments, or private enti­
ties, if the Center for Domestic Preparedness is reimbursed for
the cost of such training, and any reimbursement under this sub­
section shall be credited to the account from which the expenditure
being reimbursed was made and shall be available, without fiscal
year limitation, for the purposes for which amounts in the account
may be expended, (b) the head of the Center for Domestic Prepared­
ness shall ensure that any training provided under (a) does not
interfere with the primary mission of the Center to train State
and local emergency response providers: Provided further, That
the Government Accountability Office shall report to the Committees on Appropriations of the Senate and the House of Representa­
tives regarding the data, assumptions, and methodology that the
Department of Homeland Security uses to assess risk and allocate
grants under the Urban Area Security Initiative and State Home­
land Security Grant Program not later than 45 days after the
date of enactment of this Act: Provided further, That the report
shall include an assessment of the reliability and validity of the
data used, the basis for the assumptions used, how the methodology
is applied to determine the risk scores for individual locations,
an analysis of the usefulness of placing States and cities into
tier groups, and the allocation of grants to eligible locations: Pro­
vided further, That the Department provide the Government
Accountability Office with the actual data that the Department
used for its risk assessment and grant allocation: Provided further,
That the Department provide the Government Accountability Office
with access to all data needed for its analysis and report, including
specifics on all changes for the fiscal year 2009 process, including,
but not limited to, all changes in data, assumptions, and weights
used in methodology within 7 days after the date of enactment
of this Act: Provided further, That any subsequent changes made
regarding the risk methodology after the initial information is pro­
vided to the Government Accountability Office shall be provided
within 7 days after the change is made.

Reports.
Deadline.

Deadline.

Deadline.

FIREFIGHTER ASSISTANCE GRANTS

For necessary expenses for programs authorized by the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$775,000,000, of which $565,000,000 shall be available to carry
out section 33 of that Act (15 U.S.C. 2229) and $210,000,000 shall
be available to carry out section 34 of that Act (15 U.S.C. 2229a),
to remain available until September 30, 2010: Provided, That not
to exceed 5 percent of the amount available under this heading
shall be available for program administration, and an expenditure
plan for program administration shall be provided to the Commit­
tees on Appropriations of the Senate and the House of Representa­
tives within 60 days of the date of enactment of this Act.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For necessary expenses for emergency management perform­
ance grants, as authorized by the National Flood Insurance Act
of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701

xpenditure
!Ilan .
Deadline.